HomeMy WebLinkAbout24-045 - King County -2024 Veterans, Seniors, & Human Services Levy FundingoocuSignEnvelope ID: m0EAsooD-4rrn-4u10-8eno-AmoErsaooEon
King County
Department of Community and Human Service
401 Fifth Avenue, Suite 500
Seattle, WA 98104
24-045
Council Approval 4/15/24
KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES CONTRACT
Contractor City of Tukwila
Contract Title City of Tukwila- Support Senior Centers - SE 1- VSHSL (2024 Ext.)
Contract Amount
Contract Period From: 01/01/2024 To 13/31/3024
UBNo. (if applicable) UEQNMC26C8T3
THIS CONTRACT No. 6416799 City of Tukwila- Support Senior Centers - SE 1- VSHSL (2024
Ext.) is entered into by KING COUNTY (the "County"), and City of Tukwila (the "Contractor")
whose address is 6200 8outhcenterB|vd. Tukwi|o, WA 98188, United States.
WHEREAS, the County has been advised that the foregoing are the current funding sources,
funding levels and effective dates, and
WHEREAS, the County desires to have certain services performedbvtheContn3Ctoraa
described in this Contract,
NOW THEREFORE, in consideration of payments, cOven8nts, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually agree as
City of Tukwila
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TABLE OF CONTENTS
1. Contract Services and Requirements, and Incorporated Exhibits. ..................... 3
2. Contract Term 3
3. Compensation and Method of Payment 3
4. Internal Control and Accounting System 3
5. Debarment and Suspension CortifiooUnn-.......... ....... ........................... .......................... .......... 3
O. Maintenance of Records 4
7. Evaluations and Inspections .................................................... .............................................. 4
8. Compliance with the Health nsurance Portability and Accountability Act of 1996 (HIPAA)5
9. Financial Report Submission 5
10. Corrective /\Cdon---.............. .................................... ..................................... ......... .......... 'O
11. Dispute Resolution .............. ........................ .......................... 7
12. Termination 7
13. Hold Harmless and Indemnification 9
14. Insurance Requirements 10
15. Assignment 14
16. Subcontracting 14
17. Nondiscrimination and Payment of a Living Wage 15
18. Code 0fConduct .......................... ..................... ....... .............. ............................. .............. 18
19. Conflict ofInterest .................................................. -..................... 10
20. Equipment Purchase, Maintenance, and Ownership 15
21. Proprietary Rights 17
22. Political Activity Prohibited ............................... ......................... 17
23. King County Recycled Product Procurement Policy 18
24. Future Support 18
25. EnUn8(�OO�8c�----------------------------------------10
26. Contract Amendments 18
27. Notices ................................. ....................................................... .................................. ...... -18
28. Services Provided in Accordance with Law and Rule and Regulation 18
29. Applicable Law 18
30. No Third -Party Beneficiaries 19
31. Non -Waiver of Breach 19
32. Force MjeUr8----------------------------------------1S
33. Emergency Response Requirements 20
34. Contractor Certification 20
City of Tukwila
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STANDARD TERMS AND CONDITIONS
Contract Services and Requirements, and Incorporated Exhibits.
The Contractor shall provide services and meet the requirements included in these Standard
Terms and Conditions and in the attached Statement of Work, Exhibit(s), or attachments each
of which is incorporated herein by this reference:
2. Contract Term
This Contract shall begin on 01/01/2024. and shall terminate on 12/31/2024, unless extended or
terminated earlier, pursuant to the terms and conditions of the Contract.
Compensaton and Method of Payment
A. Compensation:
The County shall compensate the Contractor for satisfactory completion of the services
and requirements as specified in this Contract and its attached Exhibit(s).
B. Invoicing:
The Contractor shall submit invoices and all accompaning reports as specified in the
attached Exhibit(s), including its final invoice and all outstanding reports. The County shall
endeavor to make payment not more than 30 days after a complete and accurate invoice
is received.
C. Final Invoice:
The Contractor shall submit its final invoice and all outstanding reports as specified in this
Contract and its attached Exhibit(s). If the Contractor's final invoice and reports are not
submitted as required, the County will be relieved of all liability for payment to the
Contractor of the amounts set forth in the final invoice or any later invoice.
D. Reimbursement for Travel:
The Contractor shall not be reimbursed for travel unless otherwise specified within an
Exhibit.
4. Internal Control and Accounting System
The Contractor shall establish and maintain a system of accounting and internal controls that
complies with the generally accepted accounting principles issued by the Financial Accounting
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is
applicable to the Contractor's form of doing business.
5. Debarment and Suspension Certification
Entities that are debarred, suspended, or proposed for debarment, by the U.S. Government are
excluded from receiving federal funds and contracting with the County. The Contractor, by
signature to this Contract, certifies that the Contractor is not currently debarred, suspended, or
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proposed for debarment, by any Federal department or agency. The Contractor shall not enter
into a subcontract with a person or entity that is debarred, suspended, or proposed for
debarment. The Contractor shall notify King County if it, or a Subcontractor, is debarred,
suspended, or proposed for debarment, by any Federal department or agency. Debarment
status may be verified at httVs://wvvvv.sennqnv/.
6. Maintenance of Records
A. Accounts and Records:
The Contractor shall maintain the following for a period of six years after termination of
this Contract: accounts and r8QOndS, including pRrSOnn9), property, financial,
programmatic nacorda, and other such records the County may deem necessary to
ensure proper accounting and compliance with this Contract.
B. Nondiscrimination and Equal Employment Records:
In accordance with the nondiscrimination and equal employment opportunity
requirements set forth in Section 17. below, the Contractor shall maintain the following for
a period of six years after termination of this Contract:
Records of employment, employment advertisements, application forms, other data,
records, and information related to employment, applications for employment or the
administration or delivery of services or any other benefits under this Contract; and
ii Reoords, including written quotea, bids, estimates or proposals, submitted to the
Contractor by all entities seeking to participate in this Contna(t, and any other
information necessary to document the actual use of and payments to
Subcontractors and suppliers in this Contract, including employment records.
The County may visit the site of the work and the Contractor's office to review these
records. The Contractor shall provide all help requested by the County during such
visits and make the foregoing records available to the County for inspection and
copying. At all reasonable times, the Contractor shall provide to the County, the
state, and/or federal agencies or officials access to its facilities—including those of
any Subcontractor assigned any portion of this Contract in order to monitor and
evaluate the services provided under this Contract. The County will give reasonable
advance notice to the Contractor in the case of audits to be conducted by the
County. The Contractor shall comply with all record keeping requirements of any
applicable federal ru|ea, regu|aUono, or statutes included or referenced in the
Contract documents. If different from the Contractor's address listed above, the
Contractor shall inform the County in writing of the location of its boOkS, records,
documents, and other evidence for which review is sought, and shall notify the
County in writing of any changes in location within 10 working days of any such
relocation.
7. Evaluations and Inspections
A. Subiect to Inspection, Review, or Audit:
City of Tukwila
The records and documents with respect to all matters covered by this Contract shal! be
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officials authorized by law during the performance of this Contract and for six years after
termination hereof, unless a longer retention period is required by law.
B. Medical Records:
If applicable, medical records shall be maintained and preserved by the Contractor in
accordance with state and federal medical records ototutes, including but not limited to
Revised Code ofWashington (FlCVV)7041.190'7U.O210O'and standard medical records
practice. The Contractor shall also be responsible for the maintenance and disposal of
such medical records.
C. Contract Monitoring:
The Contractor and the County shall engage in monitoring visits to assess the
Contractor's compliance with Contract requirements, quality, and practices. The County
will execute monitoring visits in accordance with the applicable frequency, as prescribed
by the controlling Exhibit(s) under this Contract. The Contractor shall cooperate with the
County and its agents to assess the Contractor's performance under this Contract. At the
request of the County, the Contractor shall implement a plan to remedy any items of
noncompliance identified during the monitoring process.
The results and records of these processes shall be maintained and disclosed in
accordance with RCW Chapter 42.56.
D. Performance, Measurement and Evaluation
The Contractor shall submit performance metrics and program data as set forth in
Exhibit(s) to this Contract. The Contractor shall participate in evaluation activities as
required by the County and shall make available all information required by any such
performance measurement and evaluation processes.
E. Unauthorized Disclosure:
The Contractor shall protect from unauthorized disclosure al! information, records, and
data collected in connection with this Contract in accordance with applicable state and
federal law.
8. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIP
k
The Contractor shall not use protected health information created or shared under this Contract
in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant
to its provisions. Contractor shall read and maintain compliance with all HIPAA requirements,
which can be found at https://www.kingcounty.ciovidepts/communitv-human-
services/contracts/requirements.aspx.
9. Financial Report Submission
The Contractor is required to submit a financial reporting package as described in Subsections
A through C below. All required documentation shall be submitted by email to
DCHSContractskinqcountyqov by the stated due date.
A. If the Contractor is a Non -Federal entity as defined in 2 Code of Federal Regulations
(CFR) Part 200.69 and expends $750,000 or more in Federal awards during its fiscal
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year, then the Contractor shall meet the audit requirements in 2 CFR Part 200 Subpart F.
Audit packages are due to the County within nine months after the close of the
Contractor's fiscal year.
B. If the Contractor is a local government in the State of Washington and is not subject to the
requirements in Subsection A, the Contractor shall submit audited financial statements
that are in accordance with the Washington State Auditor's Office requirements. Financial
statement audits are due to the County within 150 days after the close of the Contractor's
fiscal year end as required by RCW 43.09.230.
C. If the Contractor is not subject to the requirements in Subsection A or B, the following
apply:
Entity "Tifpe
Nori-Profit
For Profit
Gross
Gross Revenue
Gross Revenue
Gross Revenue
Gross Revenue
Revenue
Under $3M on
Over $3M on
Under $3M on
Over $3M on
average in the
average in the
average in the
average in the
previous three
previous three
previous three
previous three
fiscal years.
fiscal years.
fiscal years.
fiscal years.
Required
• Form 990
Audited financial
• Income tax
Audited financial
Docurtleritation
within 30 days
statements
return; and
statements
of its being
prepared by an
• Afull set Of
prepared by an
�|ed; and
independent
annual internal
independent
• AfU|| set of
Certified Public
financial
Certified Public
annual internal
Accountant or
statements
Accountant or
financial
statements
Accounting Firm
Accounting Firm
Due Date
Within 30
Within nine
Within 30
Within nine
calendar days
months following
calendar days
months following
from the forms
the close of the
from the forms
the close of the
being filed. !ed,
CnDtraCto['SfisC8l
year.
being filed.
Contractor's
fiscal year.
D. Waiver:
A Contractor that is not subject to the requirements in Subsection A may, in extraordinary
n|rounnstanmas, request, and in the County's sole disoretion, be gnanUad, a one-year
waiver of the audit requirements. Such requests are made to the County at:
DCHSCOntr8ctSAkingCOunty.gOvfO[ review. If approved by the County, the Contractor
may substitute for the above requirements other forms of financial reporting or fiscal
representation certified by the Contractor's Board of Directors, provided the Contractor
meets the following criteria:
Financial reporting and any associated management letter show no reportable
conditions or internal control issues; and
ii There has been no turnover in key staif since the beginning of the periodforvvhich
the financial reporting was completed.
10. Corrective Action
If the County determines that the Contractor has failed to comply with any terms or conditions of
this Contract, or the Contractor has failed to provide in any manner the work or services (each a
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"breach"), and if the County determines that the breach warrants corrective action, the following
procedure will apply:
A. Written Notification:
The County will notify the Contractor in writing of the nature of the breach.
B. Contractor's Corrective Action Plan:
The Contractor shall respond with a written corrective action plan within ten working days
Of its receipt of such notification unless the County, at its sole discretion, extends in
writing the response time. The plan shall indicate the steps being taken to correct the
specified breach and shall specify the proposed completion date for curing the breach.
This date shall not be more 30 days from the date of the Contractor's nasponse, unless
the County, at its sole discretion, specifies in writing an extension to complete the
corrective actions.
C. County's Determination of Corrective Action PIan Sufficiency:
The County will determine the sufficiency of the Contractor's proposed corrective action
plan, then notify the Contractor in writing of that determination. The determination of
sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the
County.
U. Termination or Suspension:
If the Contractor does not respond within the appropriate time with a corrective action
plan, or the Contractor's corrective action plan is determined by the County to be
insufficient, the County may terminate or suspend this Contract in whole or in part
pursuantto Section 12.
E. Withholding Payment:
In addition, the County may withhold any payment to the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed.
F. Non -Waiver of Rights:
Nothing herein shall be deemed to affect or waive any rightsUlepsrtie*nnayhove
pursuant to Section 12, Subsections B. C. or D.
11. Dispute Resolution
The parties shall use their best, good -faith efforts to cooperatively resolve disputes and problems
that arise in connection with this Contract. Both parties will make a good faith effort to continue
without delay to carry out their respective responsibilities under this Contract while attempting to
resolve the dispute under this Section.
12. Termination
A. Termination for Convenience:
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This Contract may be terminated by the County without cause, in whole or in part, at any
time during the term specified in Section 2. abovn, by providing the Contractor 30
calendar days advance written notice of the termination. The Contract may be suspended
by the County without cause, in whole or in part, at any time during the term specified in
Section 2. above, by providing the Contractor 30 calendar days advance written notice of
the suspension.
B. Termination for Default:
The County may terminate or suspend this Contract, in whole or in part, upon seven
business days advance written notice if: (1) the Contractor breaches any duty, obligation,
or service required pursuant to this Contract and either (a) the corrective action process
described in Section 10. fails to cure the breach or (b) the County determines that
requiring a corrective action plan is impractical or that the duties, obligations, or services
required herein become impossible, illegal, or not feasible. If the Contract is terminated by
the County pursuant to this Subsection 12.B., the Contractor shall be Iiable for damages,
including any additional costs of procuring similar services from another source.
If the termination results from acts or omissions of the Contractor, including but not limited
to misappropriation, nonperformance of required services, or fiscal mismanagement, the
Contractor shall return to the County immediately any funds, misappropriated or
unexpended, that have been paid to the Contractor by the County.
C. Termination for Non -Appropriation:
If expected or actual funding is withdrawn, reduced, or limited in any way prior to the
termination date set forth above in Section 2., the County may, upon seven business days
advance written notice to the Cnntnantor, terminate or suspend this Contract in whole or in
port.
If the Contract is terminated or suspended as provided in this Subsection 12.C.: (1) the
County will be Iiable only for payment in accordance with the terms of this Contract for
services rendered prior to the effective date of termination or suspension; and (2) the
Contractor shall be released from any obligation to provide such further services pursuant
to the Contract as are affected by the termination or suspension.
Funding O[obligation under this Contract beyond the current appropriation y88riS
conditional upon appropriation by the County Council and/or other identified funding
source(s) of sufficient funds to support the activities described in the Contract. If such
appropriation is not approved, this Contract will terminate at the close of the current
appropriation year. The current funding sources associated with this Contract are
specified on page one.
If the Contract is suspended as providedinUhieGeotion.MheCounb/rnoyprovdgvvrttgn
authorization to resume activities.
D. Non -Waiver of RihtS:
City of Tukwila
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or by Iaw or equity that either party may have if any of the obligations, terms, and
conditions set forth in this Contract are breached by the other party.
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13. Hold Harmless and Indemnification
A. Duties as Independent Contractor:
In providing services under this Contract, the Contractor is an independent contractor,
and neither it nor its officers, agents, or employees are employees of the County for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local |8m/.
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by
reason of this Contract.
The Contractor shall protect, indemnify, defand, and save harmless the Countv, its
officers, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) the Contractor's failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of
vvnrh, aervicea, nnoterio|a, or supplies by Contractor employees or other suppliers in
connection with or support of the performance of this Contract.
B. Contractor's Duty to Repay CountV:
The Contractor is financially responsibte for and shall repay the County alt indicated
amounts foliowing an audit exception which occurs due to the negligence, intentionat act,
and/or failure, for any reason, to comply with the terms of this Contract, by the Contractor,
its officers, employees, agents, and/or representatives. This duty to repay the County
shall not be diminished or extinguished by the termination of the Contract.
C. Contractor Indemnifies County:
To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify,
and save harmless the County, its officers, employees, and agents from any and all costs,
claims, judgments,and/Orovvond3ofdonn8geo.ori3ingoUtVf'orinonyvv@yneSU|hngfn]rn'
the negligent acts or omissions of the Contractor, its officers, employees, Subcontractors
and/or agents, in its performance or non-performance of its obligations under this
Contract. The Contractor's obligations under this Subsection 13.C. shall extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or
agents. For this purpose, the Contractor, by mutual negoUotion, hereby waives, as
respects the County only, any immunity that would otherwise be available against such
claims under any industrial insurance act, including Title 51 RCVV, other Workers'
Compensation act, disability benefit act, or other emptoyee benefit act of any jurisdiction
which would otherwise be applicable in the case of such claim. In addition, the Contractor
shall protect and assume the defense of the County and its officers, agents, and
employees in all legal or claim proceedings arising out of, in connection with, or incidental
to its indemnity obligation; and shall pay all defense expenses, including reasonable
attorney's fees, expert fees, and costs incurred by the County on account of such litigation
Or claims. If the County incurs any judgment, award, and/or cost arising therefrom
including reasonable attorneys' fees to enforce the provisions of this article, all such fees,
expenses, and costs shall be recoverabte from the Contractor.
D. County Indemnifies Contractor:
City of Tukwila
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To the maximum extent permitted by law, the County shall protect, defend, indemnify, and
save harmless the Contractor, its officers, employees, and agents from any and all costs,
claims, judgments,mnd/oravvanJsofdann@ges,orisinQoutof'orinanyvvoynasu|tinQfrorn'
the negligent acts or omissions of the County, its officers, employees, and/or agents, in its
performance and/or non-performance of its obligations under this Contract. The County's
obligations under this Subsection 1 3.D. extend to any caim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose, the
C0Unty, by mutual negotiation, hereby waives, as respects the Contractor only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment,
award, and/or cost arising therefrom including reasonable attorneys' fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from the
County.
E. Intellectual Property Infringement:
For purposes of this Subsection 13.E., claims shall include, but not be limited to,
assertions that use or transfer of software, book, document, neport, fi|rn, tape, or sound
reproduction or material of any kind, delivered hereunder, constitutes an infringement of
any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade
practice.
The indennnifinadon, protendVn, dgfense, and save harmless obligations contained herein
shall survive the expiration, abandonment, or termination of this Contract.
14. Insurance Requirements
Contractor shall provide evidence of the insurance required under this Contract, including a
Certificate of Insurance and endorsements covering King County as additional insured for full
coverage and policy limits within 30 calendar days of Contract execution. Evidence of insurance
and endorsements shall be submitted by email to DCHSContractskinqcounty.gov. The
Contractor may request additional time to provide the required documents by emailing
[)CH8Coniraotskinqcounty.pov. Extensions will be granted at the sole discretion of the
County. All evidence of insurance shall be signed by a properly authorized officer, agent,
genena|ogenLorqua|ifiedrepreaentativeoftheinauner(a).aha||oertif»thenarneofthe
insured(s), the type and amount of insurance, the inception and expiration dates, contract
number, and shall state that the County shall receive notice at Ieast thirty (30) days prior to the
effective date of any cancellation, lapse, or material change in the policy. Similar documentation
confirming renewal of required insurance shall be provided on each insurance renewal date.
In the event of a loss, the County reserves the rightto require connp|eie, certified copies of all
required insurance policies, including endorsements and riders, which may be redacted of any
confidential or proprietary information. Contractor shall deliver such policies to the County within
five (5) business days of County's request.
County's receipt or ance of Contractor's evidence of insurance at any time without
comment or objection, or County's failure to request certified copies of such ineuranoe, does not
waive, alter, modify, or invalidate any of the insurance requirements set forth in this Section or,
consequently, constitute County's acceptance of the adequacy of Contractor's insurance.
Unless otherwise provided in an Exhibit to this Contract, the Contractor shall purchase and
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such minimum insurance, County does not and shall not be deemed or construed to have
assessed the risks that may be applicable to Contractor, or any Subcontractor, under this
Contract, or in any way limit County's potential recovery to insurance limits required hereunder.
To the contrary, this Contract's insurance requirements may not in any way be construed as
limiting any potential liability to County or County's potential recovery for Contractor. Contractor
shall assess its own risks and if it deems appropriate and/or prudent, maintain greater limits
and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the scope,
application, and/or Iimits of the coverage afforded, which coverage shall apply to each insured
to the full extent provided by the tennsandoondidonsofthmpO|iny(s).
Each insurance policy shall be written on an "occurrence" basis/form; excepting insurance for
Professional Liability (Errors and Omissions), and/or Cyber Liability (Technology Errors and
Omissions) required by this Contract is acceptable on a "claims made" basis/form. If coverage is
approved and purchased on a "claims made" basis/form, the coverage provided under that
insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3)
years from the date of the work which is subject to this Contractor or, if such renewals are
unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years
from the date of completion of the work which is subject of this Contract. All insurance written on
a "claims made" basis/form must have its policy inception or retroactive date be no later than the
effective date of the Contract, unless otherwise approved in writing by the County's Risk
Management Office.
A. Minimum Scope and Limits of Insurance
City of Tukwila
The Contractor shall maintain the following types of insurance and minimum insurance
Commercial General Liability: $1'0O0,0OOper occurrence and $2'0O0,0OOiDthe
aggregate for bodily ijury, personal and advertising ijury and property damage.
Coverage shall be at Ieast as broad as that afforded under ISO form number CG 00
01 current edition, or its substantive equivalent. Such insurance shall include
coverage for, but not Iimited to premises |iobi|ih/, products and completed
operations, ongoing operations, and contractual liability. Limits may be satisfied by
a single primary limit or by a combination of separate primary and umbrella or
excess liability policies, provided that coverage under the latter shall be at least as
broad as that afforded under the primary policy and satisfy all other requirements
applicable to liability insurance including but not limited to additional insured status
for the County with the use of an umbrella or excess liability policy, which is at least
as broad as the underlying policy. If the scope of services involves activities with
minors, such policy shall include sexual assault and misconduct coverage.
ii
Professional Liability (Errors and Omissions): $1,000,000 per claim and in the
aggregate. In the event that services delivered pursuant to this Contract either
directly or indirectly involve or require professional services, Professional Liability
(Errors and Omissions) coverage shall be provided. "Professional Services," for the
purpose of this Contract Section, shall mean any services provided by a licensed
professional or those services that require professional standards of care.
iii. Automobile Liability: $1'000'000 combined single limit per accident for bodily injury
and property damage. In the event that services delivered pursuant to this Contract
involve the transportation of clients by Contractor personnel in Contractor -owned
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vehicles or non -owned vehicles, the limit shall be no Iess than $3,000,000
combined single limit per accident for bodily injury and pn]p8rtv damage. Insurance
Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE,
symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or S.
Limits may be satisfied by a single primary limit or by a combination of separate
primary and umbrella or excess liability pO|iCi9S, provided that coverage under the
latter shall be at least as broad as that afforded under the primary policy.
iv. Workers Compensation: Statutory requirements of the State of residency.
v. Ennp|oyersLi8bi|ityor^GtOpG8p"COver8ge: $1,OOO'0OOeach occurrence and shall
be at least as broad as the protection provided by the Workers Compensation
policy Part 2 (Employers Liability), Or, in monopolistic St@t8S, the protection provided
by the "Stop Gap" endorsement to the Commercial General Liability policy.
vi. Cyber Liability (Technology Errors and Omissions): For contracts involving software
or technology where data breach or exposure to personal and/or confidential
information could impact the Contractor or County, Contractor shall provide Cyber
Liability (Technology Errors and Omissions) coverage with a limit no less than
$1,000,000 per claim or occurrence and in the aggregate. Coverage shall include
loss resulting from data security/privacy breach, or other unauthorized access or
related violations including identity fraud and privacy law violations, denial of
service attacks, introduction of virus and malicious code, extortion, dissemination or
destruction of electronic data, business interruption, privacy law violations,
disclosure of non-public, personal or confidential information, identity fraud, loss of
income due to system crashes, breach of contract, and acts by rogue employees.
Coverage shall include notification and other expenses incurred in remedying a
privacy breach as well as costs to investigate and restore data.
vii. Crime Insurance: Contractors handling County funds or assets, (i.e. Contractors
providing rental assistance or distributing gift cards on behalf of the County), shall
maintain Crime Insurance with limits to cover the maximum amount of risk at any
one time; or a total of one year's receipts or similar measure of exposure. Coverage
for Fidelity, Theft, Disappearance, Destruction Liability, and Employee Dishonesty
shall be included. Coverage shall include 'Joint Loss Payable' ISO form CR 20 15
10/10 or equivalent; and 'Provide Required Notice of Cancellation to Another Entity'
ISO form CR 20 17 10/10.
viii. Depending on the Contractor's scope of workother insurance types or Iimits may
apply to this Contract. Specific coverage and limit requirements can be found by
visiting Insurance Requirements - King County.
ix. Municipal or State Agencies: If the Contractor is a Municipal Corporation, an
agency of the State of Washington, or any other Public Agency and is self-insured
for any of the above insurance requirements, a letter of self-insurance shall be
attached and be incorporated by reference and shall constitute compliance with all
or a portion of this Section.
B. Other Insurance Provisions and Requirements
City of Tukwila
All insurance policies purchased and maintained by the Contractor required in this
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With respect to all liability policies except Professional Liability (Errors and Omissions),
and Workers' Compensation:
i The County, its officials, employees, and agents shall be covered as additional
insured for full coverage and policy limits as respects liability arising out of activities
performed by or on behalf of the Contractor, its agents, representatives, employees,
or Subcontractor(s) in connection with this Contract. Additional Insured status shall
include products -completed operations CG 20 10 11/85 or its substantive
equivalent. The County requires a copy of the additional insured endorsement(s).
With respect to all Iiability policies (except Workers' Compensation):
Coverage shall be primary insurance as respects the County, its officials,
employees, and agents. Any insurance and/or self-insurance maintained by the
County, its officials, employees, or agents shall not contribute with any
Contractor's or Subcontractor's insurance or benefit the Contractor or any
Subcontractor, or their respective insurers in any way.
ii Insurance shall expressly state that it applies separately to each insured and
additional insured against whom a claim is made and/or lawsuit is brought, except
with respect to the limits of insurer's liability.
C. Deductibles and Self -Insured Retentions: Any deductible and/or self-insured retention of
the policies shall not apply to the Contractor's liability to the County and shall be the sole
responsibility of the Contractor or its Subcontractor.
D. Acceptability of Insurers: Insurance coverage is to be placed with insurers with an A.M.
Best rating of no less than A:V|||' or, if not rated with an A.M. Best, with minimum surplus
equivalent of an A.M. Bests' surplus size V|||.
Professional Liability (Errors and Omissions) insurance coverage may be placed with
insurers with an A.M. Bests' rating of B+:VII. Any exception must be approved by the
County.
If at any time any of the foregoing policies fail to meet minimum requirements, the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy,
and shall submit the same to the County, with the appropriate certificates and
endorsements, for approval.
E. Subcontractors: Contractor shall include all Subcontractors as insureds under its policies
or, alternatively, the Contractor must require each of its Subcontractors to procure and
maintain appropriate and reasonable insurance coverage and insurance limits to cover
each of the Subcontractor's liabilities given the Subcontractor's scope of work and the
services being provided herein. To the extent reasonably commercially available,
insurance maintained by any Subcontractor must comply with the specified requirements
Of Sections 16 (inclusive) above, including the requirement that all liability insurance
policies (except Professional Liability and Workers Compensation) provided by the
Subcontractor(s) must include County, its officials, agents and employees as additional
insured for full coverage and policy limits. Contractor is obligated to require and verify that
each Subcontractor maintains the required insurance and ensure County is included as
additional insured. Upon request by the County, and within five (5) business days,
Contractor must provide evidence of each Subcontractor(s) insurance coveroge, including
endorsements.
City of Tukwila
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F. Waiver: A Contractor may request a waiver or reduction of one or more of the insurance
requirements if the insurance requirement is not applicable to the Contractor's scope of
work. Such requests shall be made to the County at: DCHSContracts@kingcounty.gov
for review. All waiver request approvals or denials are in the County's sole discretion to be
granted. If approved by the County, the Contractor shall still provide proof of and hold all
other required provisions as stated above.
15. Assignment
Contractor shall not assign any interest, obligation, or benefit under or in this Contract or
transfer any interest in the same, whether by assignment or novation, without prior written
consent of the County. If assignment is approved, this Contract shall be binding upon and inure
to the benefit of the successors of the assigning party upon the written agreement by assignee
to assume and be responsible for the obligations and liabilities of the Contract, known and
unknown, and applicable law.
16. Subcontracting
A. Written Consent of the County:
The Contractor shall not subcontract any portion of this Contract or transfer or assign any
claim arising pursuant to this Contract without the written consent of the County. The
County's consent must be sought in writing by the Contractor not less than 15 days prior
to the date of any proposed subcontract.
The rejection or approval by the County of any Subcontractor or the termination of a
Subcontractor will not relieve Contractor of any of its responsibilities under the Contract,
nor be the basis for additional charges to the County.
In no event will the existence of the subcontract operate to release or reduce the liability
of Contractor to the County for any breach in the performance of Contractor's duties.
The County has no contractual obligations to any Subcontractor or vendor under contract
to the Contractor. Contractor is fully responsible for all contractual obligations, financial or
otherwise, to its Subcontractors.
B. "Subcontract" Defined:
"Subcontract" shall mean any agreement between the Contractor and a Subcontractor or
between Subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of (1) support services not related to the
subject matter of this Contract, or (2) supplies.
C. Required Clauses for Subcontracts:
The Contractor shall include Section 4, 5, 6, 7, 8, 10, 15, 16, 17, 18, 19, 20, 21, 22, 28,
29, and 30 in every subcontract or purchase agreement for services that relate to the
subject matter of this Contract.
D. Required Language for Subcontracts:
City of Tukwila
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The Contractor shall include the foliowing Ianguage verbatim in every subcontract for
services which relate to the subject matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
elected and appointed officials, officers, employees, and agents from any and all costs,
C|8irnS. judgments,8nd/Or@vvanjSOfd8nn8g838riSingOUtnf.0rin8nyvv8yr8SU|tingfrDnn
the negligent act or omissions of Subcontractor, its officers, employees, and/or agents in
connection with or in support of this Contract. Subcontractor expressly agrees and
understands that King County is a third -party beneficiary 10 its Contract with Contractor
and shall have the right to bring an action against Subcontractor to enforce the provisions
of this paragraph"
17. Nondiscrimination and Payment of a Living Wage
A. The Contractor shall comply with all applicable federal, state, and local laws regarding
diochrninotion, including those set forth in this Section.
B. Nondiscrimination:
During performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of the employee's or applicant's sex,
race, color, marital status, national origin, religious affiliation, disability, sexual orientation,
gender identity or expression, or age except by minimum age and retirement provisions,
unless based upon a bona fide occupational qualification. The Contractor will make equal
employment opportunity efforts to ensure that applicants and employees are treated
equit8b|y, without regard to their sex, race, color, marital status, national Origin, religious
affiliation, disability, sexual orientation, gender identity or expression, age except by
minimum age and retirement provisions, status as a family caregiver, military status or
status as a veteran who was honorably discharged or who was discharged solely as a
result of the person's sexual orientation or gender identity or expression. Contractor shall
additionally read and comp!y with all additional requirements set forth at:
httV3:/kwvvvv.kinOCounty.gov/doptS/onnnnnunity'hurnan-
s8rviCeS/COntr8CtS/rOqui[8nn8ntS,8Spx.
C. Payment of a Living Wage:
City of Tukwila
In accordance with King County Living Wage Ordinance 17909' for contracts for services
with an initial or amended value of $100,000 or more, the Contractor shall pay, and
require all Subcontractors to pay, a living wage to employees for each hour the employee
performs a Measurable Amount of Work on this Contract. The requirements of the
ordinonoo, including payment schedules, are detailed at
htt08://wvvvv.kingC0Unty.gOv/d8ptS/finanC8-bVSine3S'VperGdOn3/prVSUrGrn8nU8bOUt'
un/Living-VVag8,aspx.
Violations of this requirement may result in disqualification of the Contractor from bidding
on or being awarded a County contract for up to two years; contractual remedies
including, but not limited to, liquidated damages and/or termination of the Contract;
remedial action as set forth in public rule; and other civil remedies and sanctions allowed
by law.
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18. Code mfConduct
DCHS is committed to providing an inclusive, welcoming, supportive, and safe environment for
all to feel respected, valued, and empowered. The Contractor shall, while performing the work
as described in the attached Exhibit(s), interact with the community being served and the
County's employees in a respectful manner.
The County and Contractor shall refrain from engaging in any conduct that communicates a
hostile, demeaning, or unwelcome message. Such prohibited conduct can be either verbal or
nonverbal and ino|udes, but is not limited to nninroaggreoniona, deliberate nniagondering, o|ighta,
and other conduct that could cause harm. The Contract may be subject to termination under
Subsection 12.B. as a result of any violation of this Section by providing the other party 30
calendar days advance written notice of the termination.
19. Conflict of Interest
Entering into this Contract with the County requires that the Contractor agree to abide by
certain provisions of the King County Employee Code of Ethics, including those relating to
conflicts of interest and the employment of current or former County employees.
A. Compliance with King County Code of Ethics:
The Contractor shall comply with applicable provisions of King County Code (KCC) 3.04.
Failure to comply with such requirements shall be a material breach of this Contract and
may result in termination of this Contract and subject the Contractor to the remedies
stated in this Contract, or otherwise available to the County at law or in equity.
B. Penalties:
The Contractor acknowledges and agrees, pursuant to KCC 3.04.060, that it will not
willfully attempt to secure preferential treatment in its dealings with the County by offering
any valuable consideration, thing of value or gift, whether in the form of services, loan,
thing, or promise, in any form to any County official or employee. The Contractor
acknowledges that if it is found to have violated the prohibition found in this paragraph, its
current contracts with the County will be cancelled and it shall not be able to bid on any
County contract for a period of two years.
C. Former King County Employees:
The Contractor acknowledges that, for one year after leaving County employment, a
former County employee may not have a financial or beneficial interest in a contract or
grant that was planned, authorized, or funded by a County action in which the former
County employee participated during County employment. Contractor shall identify, at the
time of offer, current or former County employees involved in the preparation of proposals
or the anticipated performance of Work if awarded the Contract. Failure to identify current
or former County employees involved in this transaction may result in the County's
denying or terminating this Contract. After Contract award, the Contractor is responsible
for notifying the County's Prject Manager of current or former County employees who
may become involved in the Contract at any time during the term of the Contract.
20. Equipment Purchase, Maintenance, and Ownership
A. Equipment Maintenance:
City of Tukwila
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The Contractor agrees that when Contract funds are used to pay for aPI or part of the
purchase costs of any equipment that costs $5000 or more per item, and the purchase of
such equipment is identified in an Exhibit to this Contract, such equipment is, upon the
purchase or receipt, the property of the County and/or federal/state government. The
Contractor shall be responsible for all proper care and maintenance of the equipment,
including securing and insuring such equipment.
B. Equipment Ownership:
The Contractor shall ensure that all such equipment is returned to the County or
federal/state government upon termination of this Contract unless otherwise agreed upon
by the parties.
C. Continue Ownership Riqhts
The Contractor and County shall mutually agree to sign all documents and perform other
acts necessary to smouns, rno|ntoin, nanevv, or restore the rights granted to the County as
set forth in this section.
21. Proprietary Rights
A. Ownership Rights of Materials Resulting from Contract:
Except as indicated below or as described in an Exhibit, the parties to this Contract
hereby agree that if any patentable or copyrightable material or article should result from
the work described henein, all rights accruing from such material or article shall be the
sole property of the County. To the extent that any rights in such materials vest initially
with the Contractor by operation of Iaw or for any other reason, the Contractor hereby
perpetually and irrevocably assigns, transfers, and quitclaims such rights to the County.
The County agrees to and does hereby grant to the Contractor a perpetual, irrevocable,
nonexclusive, and royalty -free license to use and create derivative works, according to
Iaw, any material or article and use any method that may be developed as part of the
work under this Contract.
B. Ownership Rights of Previously Existing Materials:
The Contractor shall retain all ownership rights in any pre-existing patentable or
copyrightable materials or articles that are delivered under this Contract, but do not
originate from the work described herein. The Contractor agrees to and does hereby grant
to the County a pmrpetue|, irnavocob|e, nonnxn|usive, and royalty -free license to use and
create derivative works, according to law, any pre-existing material or article and use any
method that may be delivered as part of the work under this Contract.
C. Continued Ownership Rights:
The Contractor shall sign aPI documents and perform other acts as the County deems
necessary to seoure, rneintoin, nannvv, or restore the rights granted to the County as set
forth in this Section.
22. Political Activity Prohibited
City of Tukwila
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None of the funds, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office.
23. King County Recycled Product Procurement Policy
If paper copies are required, in accordance with KCC 18.20, the Contractor shall use recycled
paper, and both sides of sheets of paper whenever practicable, when submitting proposals,
reports, and invoices.
24. Future Support
The County makes no commitment to support contracted services and assumes no obligation
for future support of the contracted activity(-ies), except as expressly set forth in this Contract.
25. Entire Contract
The parties agree that this Contract is the complete expression of the described subject matter,
and any oral or written representations or understandings not incorporated herein are excluded.
Both parties recognize that time is of the essence in the performance of this Contract.
26. Contract Amendments
Either party may request changes to this Contract. Proposed changes that are mutually agreed
upon shall be incorporated only by written amendments to this Contract.
27. Notices
Whenever this Contract provides for notice by one party to another, such notice shall be in
writing and directed to each party's contact representative indicated within the Contract
Exhibit(s). Any time within which a party must take some action shall be computed from the date
that any associated required notice is received by that party.
28. Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any Subcontractor agree to abide by the laws of the State of Washington,
rules and regulations promulgated thereunder, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract, all of
which are incorporated herein by reference.
If there is an irreconcilable conflict between any of the language contained in any Exhibit or
attachment to this Contract, the language in the Contract shall control over the language
contained in the Exhibit(s) or the attachment, unless the Exhibit(s) provision expressly indicates
that it controls over inconsistent contract language. If there is conflict among requirements set
forth in Exhibit(s), language contained in the lower numbered Exhibit shall control unless the
higher numbered Exhibit provision expressly indicates that it controls over inconsistent lower
numbered Exhibit Ianguage.
29. Applicable Law
This Contract shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shall be in the Superior Court for King County,
Washington.
City of Tukwila
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30. No Third -Party Beneficiaries
Except for the parties to whom this Contract is assigned in compliance with the terms of this
Contnact, there are no third -party beneficiaries to this Contnact, and this Contract shall not
impart any rights enforceable by any person or entity that is not a party hereto.
31. Non -Waiver of Breach
Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action
or failure to act by the County shall constitute a waiver of any right or duty afforded to the
County under the Contract; nor shall any such action or failure to act by the County modify the
terms of the Contract or constitute an approval of, or acquiescence in, any breach hereunder,
except as may be specifically stated by the County in writing.
32. Force Majeure
"Force Majeure" means an event or events beyond the parties' reasonable contro|, incurred not
as a product or result of the negligence of the afflicted party, and which have a materially
adverse effect on the ability of such party to perform its obligations as detailed in this Contract.
Force Majeure events may include but are not limited to: Acts of God or Nature; war; civil,
military, public, or industrial disturbances; acts or threats of terrorism; epidemics, fire, flood, or
other casualty; labor difficulties, shortages of labor or materials or equipment; government
regulations; delay by government or regulatory agencies; shutdowns for purpose of emergency
repairs, and/or unusually severe weather.
A. No Breach if Force Mjeure Applies:
Neither party shall be considered in breach of this Contract to the extent that performance
of their respective obligations is prevented by a Force Mjeure event upon giving notice
and reasonably full particulars to the other party.
B. Duty to Minimize Disruption and Give Notice:
Parties maintain an express duty to minimize the disruption caused by Force Majeure,
and shall, as soon as reasonably practicable, give notice to the other party of the nature
and impact of the Force Majeure. Irrespective of any extension of time, if the effect of an
event or series of events continues for a period of 180 days, either the County or the
Contractor may give to the other a notice of suspension or termination.
C. Extension of Time:
Should Force Mjeunaaventede|aytheContraotor'aconnp|eUonofUlede|ivenob|eeond
performance commitments, the Contractor may be entitled to an extension for the time for
completion. Any extension must be approved in writing by the County.
D. Suspending Performance:
City of Tukwila
Should a Force MjeunaevertprovertUlaContraotnrhnmnonlp|edngde|ivonab|esor
performing commitments in this Contract, the completion or performance shall be
suspended only for the time and to the extent commercially practicable to restore normal
operations. Further, the Contractor and the County shall endeavor to continue to perform
their contractual obligations to the extent reasonably practicable and will work to adjust
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deliverabies or performance commitments as needed to continue the provision of services
during the Force Mjeure event. Contractor may be reimbursed for any costs incurred
mitigating adverse impacts of the Force Mjeure and may be compensated for any partial
work that has been competed.
33. Emergency Response Requirements
Within three months of the execution of this Contract, the Contractor shall prepare and make
available to the County upon request, the necessary plans, procedures, and protocols to:
A. Respond to and recover from a natural disaster or mjor disruption to Contractor operations
such as a work stoppage.
B. Continue operations during a prolonged event such as a pandemic.
ft the Contractordoes not have any such plan as of the start of this Contract, the Contractor
may request (1) an extension of the time needed to create a plan, and (2) for assistance
from the County in preparing such a plan.
At a nnininnurn, any p|one, procedures, or protocols described in this Section must include
how the Contractor plans to continue to provide the services described in or funded by this
Contract.
34. Contractor Certification
By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and
conditions provided henein, it has read and understands the contracting requirements on the
DCHS website at https://www.kingcounty.gov/depts/community-human-
services/contracts/requirennents.aspx and shall comply with all of the contract terms and
conditions detailed on that site, including, but not limited to, Equity and Social Justice,
applicable Emergency Response, Equal Opportunity Enop|oyrnent(EE{})/Nnndisnrinnin8don.
HIPAA, Insurance, and Crodontia|ingrequirements.
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract:
KING COUNTY City of Tukwila
r—roc"migned by:
r—Docwwned by:
DCBEDC22973C435...
Signature Signature
FOR King County Executive
4/16/2024
Thomas mcLeod
Name (Please type or print)
4/16/2024
Date Date
City of Tukwila Page 20 of 20 Contract - 6416799
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Statement of Work (SOW)
City of Tukwila
City ofTukmHa-Stabi|ioeandTrmnmfmnm Senior Centers — SE 1-VSHSL
Services Period: 01/01/2024 - 12/31/2024
WORK STATEMENT
The Contractor shall provide oversight, coordination and implementation of the Bringing Elder
Services Together (BEST) HUB.The total amount of reimbursement pursuant to this Contract
shall not exceed $60,000 for the Services Period noted above as shown in the funding table
below. Funding for investment in this program is provided by the King County Veterans,
8eniorsondHunnon8ervicesLmvy/V8HGL\andisnnanogedbytheAdu|t8ervicesOiviaion
(ASD) of the King County Department of Community and Human Services (DCHS), which has
the responsibility for achieving and monitoring the overall outcomes. The end date for this
contract shall be to the earlier of: December 31, 2024, or 60 calendar days following King
County providing written notice.
.
Alignment
Funding Period
Fund bourne
Allueetl'eu
Social Engagement
01/01/2024 —
12/31/2024
2O24VSHSLFund -
Seniors
$60,000
II. PROGRAM DESCRIPTION
King County's overarching goal is to ensure that all people, regardless of who they are and
where they live, have the opportunity to thrive, with full and equal access to opportunities,
power and resources. ASD, in its partnership with CITY OF TUKWILA shares a commitment to
contributing to community-Ievel change and individual-Ievel impact in the division's five result
areas:
°
°
°
°
°
Financial Stability
Healthy Living
Housing Stability
Service System Access and lmprovement
Social Engagement.
Accordingly, the parties will work together to perform and report the services funded under this
Contract in a manner that contributes to the equity goals of the County described herein.
Based on the growing scientific understanding of the risks of isolation and racial disparities in
access to critical services, King County seeks to support senior centers in becoming vibrant
and inclusive Senior Hubs that expand outreach to isolated seniors and support opportunities
for engagement among King County's diverse community of seniors. This strategy promotes
belonging where systems, biases, miscommunications and/or cultural differences too often
isolate. Partner agencies funded through this strategy will expand King County's racial equity
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goals by conducting inclusive outreach to diverse older adults. Partner agencies will pay
particular attention in outreaching to Black, Indigenous, and People of Color (BIPOC)
communities, communities whose primary language is not English, and communities
experiencing poverty with reduced access to needed resources.
A. Program Activities
The Contractor shall serve as a partner in the BhngingBderGerviogeTooether(BE@T)HUB
("Senior Hub"), providing opportunities for diverse seniors and/or their caregivers who live in
southeast King County to experience social engagement and connection, engage in activities
that promote healthy aging, and access resources that support seniors to live in their
communities of choice. The Contractor shall pay particular attention to outreach and inclusion
for senior veterans and military service members and their families, and seniors from diverse
cultural groups.
The Contractor shall operate as a Senior Center as foliows:
a. Senior Centers shall provide at least three of the following services:
i. Food and nutrition programs, and/or congregate (shared) meals;
ii. Social activities;
iii. Information and assistance that connects individuals to aging networks
and services;
.
iv. Educational opportunities for enrichment and Iife-planning;
v. CeJebratory events for holidays, birthdays, cuItura experiences, etc.;
and/or
vi. Health promotion, wellness and fitness.
b. Senior Center services shall be ongoing and offered on a regular basis, but do
not need to be at the same Iocation every day. The Contractor's senior center
may meet or provide services at different locations on different days, as long as
there is a consistent schedule easily accessed by intended, eligible participants
and community organizations who can depend upon the Contractor to host a
senior center at a specified Iocation on any specific day.
c. The Contractor shall staff programs as needed to support delivery of services.
d. The Contractor shall exercise all due care and diligence and take all reasonable
steps to ensure the values, conduct, and associations of any subcontractors or
third parties delivering services to participants do not conflict with the VSHSL
Levy's Guiding Principles, the work described in this Contract, or King County's
prioritization of racial equity and social justice.
2. The Contractor shall operate as a Senior Hub by providing the following services:
a. Offering cultural competency: In order to effectively operate and provide services
with cultural competency, a contractor maintains a defined set of values and
prinoip|aa, and demonstrates bahaviora, attitudea, policies, and structures that
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enable said contractor to work in cross-cultural situations. As such, the three
following components must exist:
i Accessibility: The Contractor evaluates and modifies the way in
which its services are accessible (language, location, delivery
style) to populations whose modes of engagement are different
than the majority population.
ii Relevance: The Contractor identifies specific culturally -based
needs of populations and modifies the services delivered in order
UJ meet those needs, including acquiring and institutionalizing
cultural knowledge.
iii. Commitment: The Contractor periodically conducts a self-
assessment and reviews its cultural competency, including
obtaining input from participants and non -participant culturally
diverse populations and key stakeholders and uses this feedback
in policy nn8king. contractor administration, and service delivery.
b. Operating with cultural responsiveness and reflection: An approach and/or
programming that honors and engages the history, be|iefe, tnadidons, and values
of those whom are served; implements the approach and programming with
staffing that share same cultural, racial, and/or ethnic background of those whom
are served.
c. Conducting culturally competent focus population -specific outreach to increase
participation and provide opportunities for inclusive social engagement for
seniors who might otherwise remain isolated or disengaged.
d. Conducting culturally competent outreach to increase participation and provide
opportunities for inclusive social engagement for senior veterans, military
servicemembers and their respective families.
e. Providing guided coordination, connections, and active navigation Cfr8f8rra|3
between the Senior Hub and King County Veterans Program with offices located
in Seattle and Tukwila for senior veharans, military servicemembers and their
respective families.
. Providing guided connections and active navigation of referrals between the
Senior Hub and other specified VSHSL-funded service providers, as appropriate
and as agreed upon on a case-by-case basis in partnership with King County.
g. Actively collaborating and coordinating with members of the Senior Hub
Collaborative to share resouroes, including but not limited to web -access
resources and outreach tools.
h. Coordinating with other community organizations to expand the services
available through the Senior Hub.
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Increasing knowledge of and/or participation in Community Living Connections.
Representing the voice of the seniors served by the Senior Hub in other human
service ooUoboratives, on issues such as transportaiion, food access and
houaing, as appropriate and as agreed upon on a case-by-case basis in
partnership with King County.
k. Prioritizing participation in racial equity trainings and other trainings in partnership
with and as directed by King County.
3. The Contractor shall collaborate with the other partners of the Bringing Elder
Services Together (BEST) HUB to expand activities for inclusive outreach to focus
populations, including but not limited to the following (same for all):
a. Partnering with Veterans of Foreign Wars (VFW), the American Legion, and the
Paralyzed Veterans of America to expand veteran's outreach and social
engagement opportunities in Burien and Tukwila.
b. Connecting King County's Veteran's Program (KCVP's) Tukwila office to senior
programs and resources.
4. As a Senior Hub partner, the Contractor shall take the lead on the following outreach
activities to the focus populations:
a. Programming and outreach specific to the needs of senior veterans and military
servicemembers and their respective families to ensure low barrier access to
Senior Hub servicea, nesourmas, and activities.
b. Enhancing connections and partnerships with various cultural communities by
entering into Memorandum of Understanding(s) (MOU) that outlines shared
resources, establishes programs that meet community needs and promotes
social engagement.
5. The Contractor shall participate in the Senior Hubs Learning Collaborative, with
representation by at least one staff member at each of the scheduled meetings.
6. The Contractor shall plan and adjust for long-term program structures and delivery
with DCHS review and approval that adhere to current public health guidance and
government orders meant to stop the spread of the COVID-1 9 virus, understanding
many program participants are in the high-risk category of susceptibility to the virus.
Best efforts shall be made to engage isolated seniors and respond to their diverse
needs.
7. The Contractor shall work with King County staff to create a referral protocol (the
"Referral Protocol") with an appropriate entity when identified for the purpose of
providing referrals for affordable housing for seniors. The Referral Protocol may be
changed upon mutual written agreement of the parties.
8. Unless this SOW provides othenwise, all work performed and services delivered by
oocuSignEnvelope ID: m0EAsooD-4rrn-4u10-8eno-AmoErsaooEon
requirements and descriptions of this Contract and be in compliance with all other
terms and conditions of this Contract.
B. Participant Eligibility
Eligible participants for services are seniors and/or their caregivers and senior veterans,
military servicemembers, and their respective families throughout King County meeting the
VSHSL's definitions.
C. Focus Population
Among eligible participants, the focus population shall include diverse older adults, and
emphasis shall be placed on serving seniors from BIPOC communities, communities
whose primary language is not English, and communities experiencing poverty with
reduced access to needed resources.
O. Definitions
1. DCHS web -referenced definitions for the following terms used within this SOW
can be found at https://kingcounty.qovNSHSL-definitions.
a. Caregiver
U. Implementation Plan
c. Military Servicemember
d. Senior
e. Veteran
2. Definitions for the following terms used within this SOW can be found in the
VSHSL Implementation Plan at h8pS://kinqcVunty.QOv/VSHOL-|rnp|ennenteUon-
o. Financial Stability
b. Healthy Living
c. Housing Stability
d. Service System Access and Improvement
e. Social Engagement
3. Definitions for other terms used within this SOW:
a. Senior Center
For the purposes of this SOW, a "senior center" is an entity that hosts a
dedicated space (physical or web -based) for seniors (persons 55 and
older) to gather in order to access services that promote healthy aging
and to experience life enrichment, empowerment, belonging, and
enjoyment. The space defined as the senior center may be a stand-alone,
dedicated building or be part of a Iarger or shared center that has multiple
purposes. That space may also include a series of spaces or Iocations.
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b. Senior Hub
For the purposes of this SOW, a "Senior Hub" is a senior center, or set
of partnering senior centers, with the staffing, programmatic, and systems
capacity to serve as the recognized resource center on aging services
and supports for a focused geographic area and/or specific cultural
group(s), including but not limited to the Focus Population. If the Senior
Hub consists of partnering senior oonters, the times and locations of
services may be spread between the partnering centers in order to
achieve the level of access required to be considered a Senior Hub.
Services need not be equal between each partner and may be structured
so as to capitalize on the strengths that each partner brings to the
partnership as well as on the needs of the portion ofthe Focus Population
each partner seeks to serve.
c. Senior Hubs Learning Collaborative
For the purposes of this SOW, the "Senior Hubs Learning
Collaborative" means a structured forum for supporting best practices
and shared learning among the awarded Senior Hubs. Alt Senior Hub
partners will participate. Frequency and format of meetings will be
determined in collaboration with all Senior Hubs and King County staff.
d. Services Period
The period of time during which Contractor will be paid, funded, or
reimbursed according to the terms and conditions of this Contract. If no
other date 15 listed in this SOW, the Services Period shall begin when
this Contract becomes effe(tive, which is the last date of signature of the
Contract.
E. Contract Milestones
The Contractor shall meet the following milestones during program years 2024:
1. 2024 Milestones
a. By March 31, 2024, develop a 2024 workplan with King County.
|N. PERFORMANCE MEASUREMENT AND EVALUATION
A. Performance Measurement and Evaluation Planning Process
The Contractor shall name a person who will lead performance measurement,
evaluation, and continuous quality improvement activities for this Contract. A
Performance Measurement and Evaluation (PME) Plan is intended to provide the
Contractor and King County with useful information for deoiSiVn-nnaking, planning and
program management.
Any Senior Center receiving King County funding through ASD will align to the current
senior center PME PIan for performance measurement and data reporting. In
collaboration, all senior centers will engage in data review and work toward continuous
improvement of ensuring the Senior Center PME Plan is relevant to the services
offered through and populations served by senior centers in King County.
B. Performance Measures
DocuSign Envelope ID: 06EA600D-4F70-481D-8988-A5DEFE6D5ED6
Performance measures shall be measured using individual -level and/or aggregate -
level data submitted pursuant to this Contract. Specific data elements and reporting
mechanisms shall be defined in the PME Plan. If deemed necessary, additional
evaluation activities, such as focus groups, surveys or more rigorous evaluation
projects, may also be included in the PME Plan.
At least one of each type of performance measure (below) shall be included in the final
PME Plan. Where there are multiple contractors working on a related program or
strategy, the PME Plan may also include at least one strategy -level performance
measure.
1. Quantity of service provided: How much did we do?
For example, number of seniors and/or their caregivers served by the Senior
Hub each quarter.
2. Quality of service provided: How well did we do it?
For example, percent of Senior Hub participants who identify with the target
population for the senior center.
3. How seniors have been impacted: Is anyone better off?
For example, percent of Senior Hub participants who indicate that they feel
more connected to their community (from survey or focus group).
Once developed and reviewed by each party, the Contractor shall be required to
adhere to and perform the reporting and other services described in the PME Plan;
provided, however, that the Contractor's failure to meet any specific performance
targets or other metrics outlined in the PME Plan shall not constitute a breach of this
Contract or this SOW.
C. Modification of the PME Plan
Either party may suggest revisions to the PME Plan. The party requesting revisions to
the PME Plan (the "Requesting Party") shall submit the suggested changes in writing to
the other party (the "Receiving Party").
Within five business days of receipt, the Receiving Party shall review the revised PME
Plan. Prior to the expiration of such period, the Receiving Party shall provide a written
response to the Requesting Party that the Receiving Party either (i) accepts the revised
PME Plan as provided by the Requesting Party, or (ii) makes additional changes to the
PME Plan.
If modifications have been requested by the Receiving Party, then the parties shall
discuss in good faith the original and subsequent modifications until an acceptable
PME Plan has been developed and each party has provided the other with written
acceptance of such plan.
IV. PARTNERSHIP AND REPORTING REQUIREMENTS
A. Partnership Activities
1. The Contractor shall work with King County staff to coordinate and align
services with other VSHSL-funded organizations and system partners in order
oocuSignEnvelope ID: m0EAsooD-4rrn-4u10-8eno-AmoErsaooEon
to effectively and efficiently administer a set of services that clients may be
seeking to access.
2. The Contractor shall participate in regular meetings of Ievy-funded
organizations, if and when these are convened, to improve system connection
and coordination of existing services and support best practices and shared
learning.
3
The Contractor shall engage in any levy competency trainings offered by King
County. These training opportunities shall be offered at no cost to VSHSL-
funded providers to help providers attain and maintain key skills and concepts
that will support the VSHSL's goals of effectiveness, efficiency and equity.
4. The Contractor shall include an attribution to the VSHSL with the use of the
VSHSL logo and/or a statement such as "This program receives funding from
the King County Veterans, Seniors and Human Services Levy" in all program
marketing materials, digital or hardcopy, developed during this contract period.
B. Reporting Activities
1. The Contractor shall participate in monthly check -ins with King County staff
either in person or by phone. Check -ins may be reduced or increased in
frequency based on program needs and King County needs to ensure program
accountability and the provision of adequate support for the program.
2. The Contractor shall submit a monthly summary of services and progress
towards milestones as applicable. This summary shall be submitted with the
submission of each invoice provided to King County.
3
Starting on January 1, 2024, the Contractor shall collect individual -level and/or
aggregate -level data about services and client outcomes and submit to King
County on a quarterly basis. Reports are due within ten business days following
the end of each quarter of the calendar year. The format and reporting
mechanisms for this report shall be provided by King County and be outlined in
the PME Plan.
4. The Contractor shall submit an annual narrative progress report to King County
on January 15 following each program year. The report shall cover the activities
of the previous year (January — December). For 2024, the Contractor shall
provide its final annual progress report (a) if the Contract ends on December
31, 2024, by January 15, 2025, or (b) if the Contract ends on any date prior to
DeC8nlbe[31.2O24.vvithiDthirtv(3O)C8|eOd8[daySOfSuchendd8tS.Th8
format and questions for the annual narrative progress report shall be provided
by King County.
5. By the date outlined in the PME Plan, the Contractor shall submit client
satisfaction data gathered through the Client Satisfaction Collection Method to
King County.
G. King County reserves the right to request additional supporting documentation
or information, as needed, and between reporting periods. A minimum of three
business days' notice shall be provided to the Contractor. If the Contractor
believes such notice is inadequate to prepare the rep0rt, it shall work with King
County to adjust the due date for additional requested information.
000*8ignEnvelope ID: nnEAsnoo'4Fro-4o10-8yn*AnoEFssoosoo
7. The meeting and reporting requirements of this Secton IV. shall begin on the
date this Contract becomes effective.
V. COMPENSATION AND METHOD OF PAYMENT
Regular payment for activities covered by this Contract shall be based on (1) meeting the
deliverables outlined in the table below, and (2) the Contractor incurring periodic costs and
expenses during the Services Period in performing such services as described in Section II.A.,
PROGRAM DESCRIPTION: Program Activities of this SOW greater than or equal to the
periodic payment listed in the table below. Also, by entering into the contract, the Contractor is
agreeing to make concerted efforts to meet the program activities and contract milestones as
outlined in Section ||.. PROGRAM DESCRIPTION and program and reporting requirements as
outlined in Section IV., PARTNERSHIP AND REPORTING REQUIREMENTS. The Contractor
is further required to engage in continuous quality improvement as outlined in the PME Plan in
partnership with King County staff. If, through analysis of the required reports and data or
through conversations with the Contractor, it is determined that the program model, as
described in this SOW, is not successfully or sufficiently serving the King County older adults
community, the Contractor agrees to work with King County to re -envision the program model,
make changes to the PME Plan and pivot, using learnings to improve service delivery. Such
adjustments will be documented in an amendment to this Contract signed by both parties.
If (a) the Contractor does not meet the agreed upon program activities, deliverabies, and/or
contract milestones during two quarters of the Contract; and/or if (b) the Contractor fails to
engage with the King County staif to re -envision the program model or make necessary
adjustments in order to better serve King County seniors, then (c) King County reserves the
right to (i) request specified corrective action in writing, or (ii) either before such a request is
issued or if such a request is unheeded or does not produce improved engagement toward
quality improvement, to reduce the contract amount, withhold payment, or terminate the
contract in line with notice requirements in this contract's boilerplate.
A. 2024 BiIIing Invoice Package
EYerynlOOth:Th8COntr8CtO[ShRUSUbnlit8BiUiOg|DVOiQ8P8Ck8g8/B|P\ monthly that
consists of a signed invoice statement and other reporting requirements as stated in Section
IV., PARTNERSHIP AND REPORTING REQUIREMENTS of this SOW in a format approved
by King County.
Every quarter and upon the termination or expiration of this Contract: As outlined in the 2024
Payment Table below, the Contractor shall submit actual expenditures for allowable expenses
from the previous quarter pursuant to services described in this SOW (Actual Expenditures) as
part of the BIP. These actual expenditures shall be transmitted in the form of a detailed
general ledger report from Contractor's financial system, including a budget to actuals
reconciliation related to activities outlined in this SOW (General Ledger).
The B1P is due within ten (10) business days following the end of each payment period. The
total amount of payments to the Contractor for each year of this Contract shall not exceed the
yearly funding allocation as noted in the funding table in Section I., WORK STATEMENT,
unless otherwise approved by King County in writing.
The Contractor shall advise King County quarterly of any material changes in revenues from
sources other than the County that are used to provide the services funded under this
Contract. The Contractor agrees to re -negotiate, as needed, if the County determines that
such changes are substantial.
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Contractor's obligation to submit a BIP shall not begin until after the effective date of this
Contract.
B.
Quarterly Budget to Actuals Reconciliation and Payment Process
1. The County shall review, on a quarterly basis, Actual Expenditures compared to the
actual payments made totheContnactorondachedu|edpaynnents(see2O24Paynnent
Tob|wbe|ovv)forsuchquarter((}uarter|yAognagatePaynnent).
2. If the County determines that Actual Expenditures equal or exceed the Quarterly
Aggregate Payment, then the County shall pay the full amount listed in the 2024
Payment Table that are then currently due and owing (Current Payment).
3. If the County determines that Actual Expenditures are (a) less than the Quarterly
Aggregate Payment and (b) that difference is less than or equal to the next scheduled
payment to be made by the County (the Next Payment), then the Next Payment shall
be reduced by such difference.
4. If Actual Expenditures are (a) less than the Quarterly Aggregate Payment and (b) that
difference is more than the Next Payment, then the County shall be relieved from its
obligation to make the Next Payment, and may: (c) lower the amount of future
payments by the remaining difference (such as reducing, pausing or skipping payment)
and/or (d) require that the Contractor submit a plan stating how excess payments will
be applied to future program purposes as described in this Agreement (the plan must
be approved in writing by the County). The County, in its sole discretion, will determine
whether the Contractor's actual reported expenditures are allowable. The County's
decisions regarding how excess payments by the County will be treated under this
Section are final. The County reserves the right to recapture unspent funds.
5. If there is no Next Payment as a result of the expiration or termination of this Contract,
then the Contractor shall return any difference between Actual Expenditures and the
fin8|{Ju8rtedyAgg[eg8teP8ynl8ntvvithiOten(10)C8|eOd8[d8yS0fKiDgC0Unty'S
review and analysis of the final BIP. Payment instructions will be provided in writing by
the County within three (3) business days of such final BIP analysis.
O. As mutually agreed to in writing by the parties, the aggregate amount of any and all
reduced or withheld Next Payments described in Subsections 3 and 4 above may be
carried forward into future Payment Periods to reimburse Contractor for Actual
Expenditures in excess of the Quarterly Aggregate Payment. Unless otherwise agreed
to by the parties, such reimbursement will be made with the Next Payment.
2024 Payment Table
Date Payment
Due Period
February
14, 2024
March 14,
2024
Preceding
month
Preceding
month
Payment / Fund Source
$5,000
$5,000
$5,000
VSHSL Fund
- Seniors
Total
VSHSL Fund
- Seniors
Deliverable
On-time completion / submission of:
1. Accurate invoice
2. Summary of progress towards
2024 workplan and/or
milestones as applicable
On-time completion / submission of:
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2024 Payment Table
Date
Due
Payment
Period
Payment / Fund Source
Deliverable
1. Accurate invoice
2. Summary of progress towards
2024 workplan and/or
$5,000
Total
milestones as applicable
April 12,
2024
Preceding
month
$5.000
VSHSL Fund
- Seniors
On time completion / submission of
1. Accurate invoice
2. Individual -level and/or
aggregate level data
3. General Ledger & Updated
$5.000
Total
Budget reflecting Quarterly
Expenditures, due April 19,
2024
4. Summary of progress towards
2024 workplan and/or
milestones as applicable
May 14,
2024
Preceding
month
$5.000
VSHSL Fund
- Seniors
On time completion / submission of
1. Accurate invoice
2. Summary of progress towards
2024 workplan and/or
milestones as applicable
$5.000
Total
June 14,
2024
Preceding
month
$5.000
VSHSL Fund
On time completion / submission of
1. Accurate invoice
2. Summary of progress towards
2024 workplan and/or
milestones as applicable
85.000
Total
July 15,
2024
Preceding
month
$5.000
VSHSL Fund
- Seniors
On time completion / submission of
1. Accurate invoice
2. Individual -level and/or
aggregate level data
3. General Ledger & Updated
$5.000
Total
Budget reflecting Quarterly
Expenditures, due July 22,
2024
4. Summary of progress towards
2024 workplan and/or
milestones as applicable
August 14,
2024
Preceding
month
$5.000
VSHSL Fund
- Seniors
On time completion / submission of
1. Accurate invoice
2. Summary of progress towards
2024 workplan and/or
milestones as applicable
$5.000
Total
September
Preceding
$5.000
VSHSL Fund
On time completion / submission of
18.2024
month
- Seniors
oocuSignEnvelope ID: m0EAsooD-4rrn-4u10-8eno-AmoErsaooEon
2024 Payment Table
Date
Due
Payment
Period
Payment / Fund Source
Deliverable
1. Accurate invoice
2. Summary of progress towards
2024 workplan and/or
$5,000
Total
milestones as applicable
October
Preceding
$5.000
VSHSL Fund
On time completion / submission of
15.2024
mnnth��em�xs
1. Accurate invoice
2. Individual -level and/or
aggregate level data
3. General Ledger & Updated
$5.000
Total
Budget reflecting Quarterly
Expenditures, due October 22,
2024
4. Summary of progress towards
2024 workplan and/or
milestones as applicable
November
Preceding
$5.000
VSHSL Fund
On time completion / submission of
15.2024
month
- Seniors
1. Accurate invoice
2. Summary of progress towards
2024 workplan and/or
milestones as applicable
$5.000
Total
December
Preceding
$5.000
VSHSL Fund
On time completion / submission of
13.2024
month
- Seniors
1. Accurate invoice
2. Summary of progress towards
2024 workplan and/or
milestones as applicable
85.000
Total
January
Preceding
$5'000
VSHSL Fund
On time completion or submission
15'2O25
month
- Seniors
of:
1. Accurate invoice
2. Individual -level and/or
aggregate level data
$5,000
Total
3. General Ledger & Updated
Budget reflecting Quarterly
Expenditures, due January 23,
2025
4. Annual narrative progress
report
5. Summary of progress towards
2024 workplan and/or
milestones as applicable