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HomeMy WebLinkAbout25-030 - Conrtract - Muslim Association of Puget Sound - Asylee Support Services Contract Number: 25-030 CityofTukwila Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as Ðthe City,Ñ andMuslimAssociation of Puget Sound, hereinafter referred to as Ðthe Contractor,Ñ whose principal office is located at16255 NE 87 th St. Suite, 140, Redmond, WA 98052. 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: 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 bythis 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 handlingofany 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. Compensation and Method of Payment.The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit attached hereto and incorporated herein by this reference.The total amount to be paid shall not exceed $58,000. 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. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing December 1,2024,and ending June 30, 2025, unless sooner terminated under the provisions hereinafter specified. 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 ofemployer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees byvirtue of the services provided under this Agreement. The City shall not be responsible for withholdingorotherwise 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. 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 ofor in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence ofthe Public Entity. CA Revised May 2020 Page 1 of 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 ContractorÓs liability hereunder shall be only to the extent of the ContractorÓs 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 thisAgreement. 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. ContractorÓs maintenance of insurance, its scope of coverage and limitsas required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insur ance, or otherwise limit the CityÓs 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 describedbelow: 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 liabilitycoverage. 2.Commercial General Liability insurance with limits no less than $2,000,000 eachoccurrence, $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 broadcoverage. 3.WorkersÓ 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 thosemaintained by the Contractor. C.Other Insurance Provision. The ContractorÓs 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 ContractorÓs 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. CA Revised May 2020 Page 2 of 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 commencementof 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 subcontractorsÓ 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 SubcontractorÓs 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 daysnotice 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, orat the sole discretion of the City, offset against funds due the Contractor from theCity. 8.Record Keeping andReporting. 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 thisAgreement. 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 theCity. 9.Audits and Inspections.Therecords 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 thisAgreement. 10.Termination.This Agreement may at any time be terminated by the City giving to the Contractor thirty (30)days written notice of the CityÓs intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the ContractorÓs insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreementimmediately. 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 orsupplies. 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 theCity. 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 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 provisionsof 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 thisAgreement. 15.Notices.Notices to the City of Tukwila shall be sent to the following address: City Clerk, City ofTukwila 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; AttorneyÓs Fees.This Agreement shall be governed by and construed in accordancewiththelawsoftheStateofWashington.Intheeventanysuit,arbitration,orother 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 i ts attorneyÓs fees and costs of suit. DATED this ________dayof________________________, 20 ____. CONTRACTOR: CITYOFTUKWILA By: Thomas McLeod, Mayor Nickhath Sheriff Printed Name: Nickhath Sheriff, Founder & CEO Title: ATTEST/AUTHENTICATED: 17550 NE 67th Ct., Redmond WA 98052 Address: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA Revised May 2020 Page 4 of Exhibit A Scope of Services City of Tukwila 2024-2025 Program Services Agreement Agency:Muslim Association of Puget Sound 2024-2025 $58,000.00 Muslim Community Resource Center Funding: Program:Asylum Seeker Program Effective Date:December1, 2024-June 30, 2025 Total:$58,000.00 Definition of Service Unit: Asylum seeker support services including,but not limited to,housing assistance (securing, rent/utility financial assistance) andcase management support # of Unitsper MonthlyService Units6 monthsMonthly billable 12/1/24 Î 6/30/25 HH receiving direct financial assistance537,500.00 Senior Case Managerhrs..258,125.00 Admin/indirect10%4,375.00 Flexible Financial Assistance58,0000 Total $58,000.00 The Agency agrees to provide rent and utility assistance to Tukwila referred participants who program qualify. Thefinancial assistance provided through this funding is allowable fora 6-month period Î o with the goal to build self-sufficiency and have households pay the remainer of their lease agreements. Theprogram model isbased on the expectation thathouseholds willpay a portion of their o income towards rent. The percentage households pay towards their rent can be flexible due to unforeseen or changing needs of the family. The entire first monthÓs rent can be covered in full using this funding. o Theflexible financial assistance is direct funding for unforeseen housing-related expenses. The intent is to use this funding should unforeseen financial challengesarise with households thatneed financial assistance for costs, such as additional rental assistance, move-in fees, or otherhousing- related expenses. The City will provide a detailed tracker (with allowable expenses outlined) for the Agency to use and submit for invoice. The Agency agrees to provide case management staff to households enrolled in this program. The Agency agrees to receive referrals directly from the City of Tukwila and invoice the City for direct financial assistance and case management hours each month. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. 2024 & 2025 Direct financial assistance$ 45,500.00 Personnel/Admin//indirect$ 12,500.00 Budget/Annual award total$ 58,000.00 Demographic and Outcome Data Report The Agency shall collect and retain data from the people served through this contract. Data should be tracked in an ongoing manner and submitted with the monthly invoice for the following data points: CA Revised May 2020 Page 5 of Total number of unduplicated Tukwila participantsengaged in services Total number of participants placed in permanent housing Total amount of direct financial assistance provided to participants monthly A monthly narrative/anecdote highlighting successes, progress, services and challenges Ademographic report shall be submitted at the end of this contract to include: Race/ethnicity Age groups Income Country of origin CA Revised May 2020 Page 6 of