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HomeMy WebLinkAboutCAP 2009-01-26 COMPLETE AGENDA PACKET City of Tukwila Community Affairs and Parks Committee ~ Verna Griffin, Chair ~ Joe Duffie ~ Kathy Hougardy Distribution: G. Labanara V. Griffin K. Matej J. Duffie M. Miotke K. Hougardy C. O'Flaherty J. Hernandez N. Olivas Mayor Haggerton J. Pace R. Berry D. Speck E. Boykan R. Still B. Fletcher B. Arthur M. Hart C. Parrish S. Hunstock K. Narog(cover) V. Jessop S. Kirby(email) S. Kerslake S. Norris(email) AGENDA MONDAY, January 26, 2009, 5:00 PM Conference Room #3 ITEM RECOMMENDED ACTION Page 1. PRESENTATION(S) 2. BUSINESS AGENDA Human Services Contracts; Forward to 2/9 C.O.W. and Pg.1 Evelyn Boykan, Human Services Director. 2/17 Regular Meeting. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, February 9/ 2009 <b. The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206-433-1800 for assistance. City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton COMMUNITY AND PARKS COMMITTEE FROM: Evelyn Boykan, Human Services Manager DATE: January 13, 2009 SUBJECT: Human Service Contracts over $25,000 ISSUE The City Council reviews and approves all contracts over $25,000. As we are negotiating contracts at this time, we are presenting the Council the most current contracts with our human service providers. BACKGROUND Each contract is preceded by a meeting with the non-profit agency to review the prior year's performance (if applicable) and determine appropriate output measures for the current year. Current agency applications and staffing/funding capacity help shape the details of the performance objectives. DISCUSSION Agencies with contracts of this size report to our office on either a monthly or quarterly basis. Outcome measures, beyond performance objectives, are identified in the first quarter. We are happy to share more details regarding the service need represented by this contract. RECOMMENDATION The Council is being asked to review the contracts at the February 9, 2009 Committee of the Whole Meeting and subsequent February 17, 2009 Regular Meeting. ATTACHMENTS Contracts for the following agencies: (1 year) Catholic Community Services - Emergency Assistance - $14,397 Institute for Family Development - PACT program - $21,600 Literacy Source - $22,000 Multi-Service Center - Emergency Services - $15,000 Renton Area Youth Services - $55,132 Refugee Women's Alliance -$17,500 Tukwila Pantry - $16,600 YWCA - Domestic Violence - $15,125 Ruth Dykeman Children's Center - $33,160 InfoMemocontract.doc Contract No. CONTRACf FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and Catholic Community Services, hereinafter referred to as "the Agency", whose principal office is located at 1229 West Smith St., Kent, Washington, 98032. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $14,397 for 2009 and $14,397 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the sole or concurrent negligence of the City, its agents or employees, the Agency's obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents and employees, and in that case the City shall indemnify, defend and hold harmless the Agency, its officers, agents and employees from claims, losses or damages to the extent caused by the negligence or fault of the City or its agents or employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon" The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Pavrnent. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days vvTitten notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they will provide no religious instruction or counselin& conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the 'Nritten consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. address: 16. Notices. Notices to the City of Tubvila shall be sent to the following Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tubvila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attornev's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWlLA AGENCY: MAYOR, Jim Haggerton BY: SIGNATURE PRINTED NArvfE ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY EXHIBIT A 2009-2010 CCS - Emergency Assistance Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tuhvila, under the City's Human Services program, basic emergency services, including, shelter, gas, prescription and food vouchers, and utility assistance: 1st Quarter . Serve 48 unduplicated Tuhvila residents . Provide 14 vouchers (shelter, gas, food, utilities) . Coordinate voucher program with Tukwila vendors . Provide program services/ case management to clients served under the program . Report on case management hours . Submit outcomes and indicators 2nd Quarter . Serve 49 unduplicated Tukwila residents . Provide 14 vouchers (shelter, gas, food, utilities) . Coordinate voucher program with Tu.."'<wila vendors . Provide program services/ case management to clients served under the program . Report on case management hours 3rd Quarter . Serve 49 unduplicated Tukwila residents . Provide 14 vouchers (shelter, gas, food, utilities) . Coordinate voucher program with Tukwila vendors . Provide program services/ case management to clients served under the program . Report on case management hours 4th Quarter . Serve 49 unduplicated Tukwila residents . Provide 14 vouchers (shelter, gas, food, utilities) . Coordinate voucher program with Tukwila vendors . Provide program services/ case management to clients served under the program . Report on case management hours . Submit outcome collection data . Submit demographic data Agency will provide assistance to 195 unduplicated clients, including 56 vouchers to include shelter, gas, food and utilities. Number of unduplicated clients may be reviewed quarterly. 50% of funds will be used for direct services ($7199.00) and 50% of funds will be used for operating costs ($7,198.00). $5,699.00 will be used by CCS for direct services; $1,500 will be used by the City of Tukwila for vouchers for direct services. 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. EXHIBIT C OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES 1 2 3 4 5 6 7 8 9 10 11 12 Total Expenditures $7199.00 for direct services $7198.00 for administration $1,799.50 per quarter $14,397.00 Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tubvila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", Institute for Family Devlopment, hereinafter referred to as "the Agency", whose principal office is located at3400416th Ave. S., Suite 200, Federal Way, WA 98003. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $21,600 for 2009 and $21,600 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tubvila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be ,vith thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor ,vith respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for \\~thholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherv.~se assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/ aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Pavment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days 1,vritten notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance obiectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherv-..Jse, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. address: 16. Notices. Notices to the City of Tukwila shall be sent to the follo1,\.Jng Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tub-vila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWlLA AGENCY: lYIA YOR, Jim Haggerton BY: SIGNATURE PRINTED NAlYfE ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORl"JEY BY EXHIBIT A 2009-2010 Institute for Family Development - PACT Program (Parents And Children Together) ScoiEe of Services to be Provided bv Agencv. The Agency shall furnish to residents of e City of Tukwila, under the City's Human Services program, in home choiseling, skill building and famility strenghthening program designed to improve family functioning and prevent/reduce child abuse and neglect. 1st Quarter . Serve 3 unduplicated residents · Provide 135 hours of service . Report direct counseling hours . Submit outcomes and indicators 2nd Quarter · Serve 2 unduplicated residents . Provide 90 hours of service . Report direct counseling hours 3rd Quarter · Serve 1 unduplicated residents · Provide 45 hours of service . Report direct counseling hours 4th Quarter . Serve 2 unduplicated residents . Provide 90 hours of services . Report direct counseling hours . Submit outcome results . Submit demographics data Funds will be used to pay for personnel. 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. 1 2 3 4 5 6 7 8 9 1 0 11 12 Total otal Expenditures $5400.00 EXHIBIT C OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES $5400.00 $5400.00 $5400,00 $21,600.00 Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", Literacy Source, hereinafter referred to as "the Agency", whose principal office is located at 720 N. 35th St., Suite 103, Seattle, W A 98103. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $22,000 for 2009 and $22,000 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has sho'wn reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract ,"v:ill be with thirty (30) days "\-\'Titten notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior .written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together v-.>i.th information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents Vvith respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. B. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. address: 16. Notices. Notices to the City of Tukwila shall be sent to the following Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attornev's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWILA AGENCY: BY: SIGNATURE MAYOR, Jim Haggerton PRINTED N AtYfE ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFlCE OF THE CITY ATTORNEY BY EXHIBIT A 2009-2010 Literacy Source Scope of Services to be Provided bv Agencv. The Agency shall furnish to residents of the City of Tukvvila, under the City's Human Services program, English language instruction and educational case management to high needs immigrant and refugee adults. 1st Quarter . Serve 22 unduplicated residents . Provide 56 hours of instruction · Report on case management hours . Report hours of child care . Submit outcome and indicators 2nd Quarter . Serve 22 unduplicated residents . Provide 56 hours of instruction . Report on case management hours . Report hours of child care 3rd Quarter . Serve 22 unduplicated residents . Provide 56 hours of instruction . Report on case management hours . Report hours of child care 4th Quarter . Serve 21 unduplicated residents · Provide 56 hours of instructions . Report on case management hours . Report hours of child care . Submit outcome data . Submit demographic report Funds will be used to pay for operating costs. 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. 1 2 3 $5,50 4 5 Pxl zzBZT C OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES 6 $5,50 7 8 9 $5500. 10 11 12 Total Expendi $5500. $22,000.00 Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", Multi Service Center, hereinafter referred to as "the Agency", whose principal office is located at 1200 S. 336th St., Federal Way, W A 98003 WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $15,000 for 2009 and $15,000 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency ""ill be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial InsurancegProgram, or otherwise assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/ aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance 'with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days 'written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of ~erformance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement 'without the 'written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or othenvise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, 'which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. address: 16. Notices. Notices to the City of Tuhvila shall be sent to the following Human Services Manager City of Tuhvila 6200 Southcenter Blvd. Tuhvila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attornev's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWILA AGENCY: BY: SIGNATURE MAYOR, Jim Haggerton PRII\T'fED NAME ATTEST/AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'FIaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY Multi Service Center - Emergency Assistance Program (EAP) 2009-2010 Scope of Services to be Provided bv Agencv. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, helps homeless or at those at risk for homelessness in crisis with eviction prevention, move in and other needed services and referrals. 1st Quarter . Report number of unduplicated residents · Report number of turnaways . Submit outcomes and indicators 2nd Quarter · Report number of unduplicated residents . Report number of turnaways 3rd Quarter . Serve number of unduplicated residents . Report number of turnaways 4th Quarter . Report number of unduplicated residents . Report number of turnaways . Submit outcomes results . Submit demographic report Program will serve 70 residents and 112 vouchers per year. Agency will bill monthly. 60% of funds ($9,000) shall be used for direct rental assistance, 40% of fund ($6,000) shall be used for administrative, personnel and operating costs. 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 snall provide services under this Agreement only to efigible applicants. 4 2. $9,000. direct service (a spe (500 per m unch) for Sur $6,pQ0.00 yearly PXPIT.BTT C BUU OPBRATIN G PE�D� PLA NNP D QU ARTERLS 10 9 6 TOt anditrxzC S 12 Exp' $15,000.00 Contract No. COI\.TTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tub-vila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", Multi Service Center, hereinafter referred to as "the Agency", whose principal office is located at 1200 S. 336th St., Federal Way, W A 98003 . WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agencv. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $30,000 for 2009 and $30,000 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tukwila 'will use a variety of measures as indicators of satisfactory contract performance. The Agency "vill be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for senrices rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency "viII be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agencv Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social se=ity or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its inununity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to inderrmify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence! aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim! aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days ~written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they will provide no religious instruction or counselin~ conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assigmnent and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. address: 16. Notices. Notices to the City of Tukwila shall be sent to the following Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attornev's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWILA AGENCY: BY: SIGNATURE 1-fA YOR, Jim Haggerton PRINTED NAME ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FOR1Vf: OFFICE OF THE CITY ATTOR1'\!EY BY Multi Service Center - Housing Stability 2009-2010 Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tub.vila, under the City's Human Services program, helps homeless or at those at risk for homelessness in crisis with eviction prevention, move in and other needed services and referrals. 1st Quarter . Report number of unduplicated residents . Report number of turnaways . Submit outcomes and indicators 2nd Quarter . Report number of unduplicated residents . Report number of turnaways 3rd Quarter . Serve number of unduplicated residents . Report number of turnaways 4th Quarter . Report number of unduplicated residents . Report number of turnaways · Submit outcomes results . Submit demographic report Program will serve 75 residents/households per year to be reviewed on a quarterly basis. Program will bill on a monthly basis. 70% of funds ($21,000) shall be used for direct rental assistance, 30% of fund ($9,000) shall be used for administrative, personnel and operating costs. 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 snall provide services under this Agreement only to eligible applicants. 1 2 3 4 $21,000.00 for direct service (billed as spent) r month) ear for administration ($750 billed p' ;9,000.00 y 5 EXI-1I13IT C OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES 6 7 s 9 10 11 12 Total Expend $30,000.00 Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and betvveen the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", Renton Area Youth Services, hereinafter referred to as "the Agency", whose principal office is located at PO Box 1510, Renton, W A 98057. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply ,'lith all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $55,132 for 2009 and $55,132 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January I, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be ,vith thirty (30) days 'written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/ aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Pavrnent. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance obiectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they .vill provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKvVILA AGENCY: MAYOR, Jim Haggerton BY: SIGNATURE PRINTED NAtV1E ATTEST/AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORlvI: OFFICE OF THE CITY ATTORt"\,TEY BY EXHIBIT A 2009-2010 Renton Area Youth & Family Services -Youth Development & Prevention Program Scope of Services to be Provided by Agencv. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, school based mental health and other support services to youth and families in Tukwili. 1st Quarter . Serve 20 unduplicated residents · Provide 250 hours of counseling/ case management . Report number of group hours . Submit outcomes and indicators 2nd Quarter . Serve 15 unduplicated residents . Provide 250 hours of counseling/ case management . Report number of group hours 3rd Quarter . Serve 10 unduplicated residents . Provide 150 hours of counseling/ case management . Report number of group hours 4th Quarter . Serve 15 unduplicated residents · Provide 150 hours of counseling/ case management . Report number of group hours . Submit outcome results . Submit demographic reports Funds will be used to pay for operational costs. (Counselingf case management activities include: intakes, assessment, individual counseling, case management, family contact and evaluation of results.) 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 snall provide services under this Agreement only to eligible applicants. $459 E IEIx C OpEI ATING BUDGE1 ED QUA -t13t L VA PENDITUgES ptANN 7 6 8 9 5 $458 $459 2 $459 $459 $459 $459 $459 Jf 12 'Total p aitu 1 10 1 $459 $459 4594.37 $55 ,132.00 Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and betvveen the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", Refugee vVomen's Alliance, hereinafter referred to as "the Agency", whose principal office is located at 15245 International Blvd, Suite 207, SeaTac, W A 98188. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, U-J CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $17,500 for 2009 and $17,500 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or othen\'i5e assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tubvila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/ aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City vdthin fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance ,vith this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they 'will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of OTY OF TUKWILA AGENCY: BY: SIGNATURE MAYOR, Jim Haggerton PRINTED NAAfE ATTEST/ AUTI-IENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY EXHIBIT A 2009-2010 Refugee Women's Alliance Scope of Services to be Provided bv Agencv. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, case management and system navigation and access services. 1st Quarter . Serve 8 unduplicated residents · Provide 60 hours of case management . Submit outcomes and indicators 2nd Quarter . Serve 8 unduplicated residents . Provide 60 hours of case management · Submit outcomes and indicators 3rd Quarter . Serve 8 unduplicated residents . Provide 60 hours of case management . Submit outcomes and indicators 4th Quarter . Serve 8 unduplicated residents . Provide 60 hours of case management . Submit outcomes and indicators $10,500 will be used for personnel. $6500 will be used for direct services (i.e. one time only financial assistance for utilities, rent, grocery store gift card, gas station gift card, etc.) that support continued stability for Tukwila residents onl'y. 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. EXHIBIT C OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES 12 Total 8 9 10 Expenditures 5 6 7 1 2 4 $2625.O0 $2625.00 $2625.00 zs.00 $10,500.00 o,soo.00 $2625.00 icturc id, copy of check request). Additional $6500 will be used for urgent financial assistance to Tukwila residents and billed with appropriate backup documentation (address verification, p Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and beh'leen the City of Tub,vila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and Tukwila Pantry, hereinafter referred to as "the Agenct', whose principal office is located at 3118 S. 140lh St., Tukwila, Washington, 98168. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all Federal, State, and local statutes, ruIes and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $16,600 for 2009 and $16,600 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be ,'lith thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee beh'leen the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrencej aggregate for personal injury and property damage. Said policy shall name the city of Tub-vila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claimj aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by \vritten amendments to this Agreement. address: 16. Notices. Notices to the City of Tukwila shall be sent to the following Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attornev's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWlLA AGENCY: MAYOR, Jim Haggerton BY: SIGNATURE PRINTED NAME ATTEST/AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFlCE OF THE CITY ATTORNEY BY EXHIBIT A - 2009-10 Tukwila Pantry - Food Bank 2009-10 Scope of Services to be Provided bv Agencv. The Agency shall furnish to residents of the City of Tubvila, under the City's Human Services program, basic emergency services, includin~ but not limited to, the follovdng: 1st Quarter . Report number of unduplicated residents served . Report number of food bags distributed . Report pounds of food distributed . Submit outcomes and indicators 2nd Quarter . Report number of unduplicated residents served . Report number of duplicated residents served . Report number of food bags distributed . Report pounds of food distributed 3rd Quarter . Report number of unduplicated residents served . Report number of duplicated residents served . Report number of food bags distributed served . Report pounds of food distributed 4th Quarter . Report number of unduplicated residents served . Report number of duplicated residents served . Report number of food bags distributed served . Report pounds of food distributed . Submit narrative report . Submit outcome results Funds will be used to support general operating costs. 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 snall provide services under this Agreement only to eligible applicants. 1 2 3 $,4'15 4 EXHIBIT C OPERATING BUDGET PLANNED QUA RTERLY EXPE NDITURES 5 6 $4150. 7 S 9 54150. 10 11 12 Total Expendi $4150.00 516,600.00 Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and behveen the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and YWCA, hereinafter referred to as "the Agency", whose principal office is located at 1010 S. 2nd St., Renton, Washington, 98055. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection there"with. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $15,125 for 2009 and $15,125 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010 City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor with respect to the services proYided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee behveen the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income ta.x or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professionalliabiIity insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/ aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or othenvise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tubvila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATIORNEY BY EXHIBIT A - 2009-10 YWCA - Domestic Violence Community Advocate Sco~e of Services to be Provided bv Agencv. The Agency shall furnish to residents of t e City of TukwiIa, under the City's Human Services program, basic agency services including, advocacy for victims of domestic violence and community education and outreach: 1st Quarter . Serve 3 unduplicated TukwiIa residents . Provide 48 direct service hours . Submit outcomes and indicators 2nd Quarter . Serve 3 unduplicated Tukwila residents . Provide 48 direct service hours 3rd Quarter . Serve 3 unduplicated Tukwila residents . Provide 48 direct service hours 4th Quarter . Serve 3 unduplicated Tukwila residents . Provide 48 direct service hours . Report number of Tukwila outreach/ community education events . Submit narrative report . Submit outcomes results . Submit demographics 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. :1 EXHIBIT C OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES Total 2 3 4 5 6 7 8 9 10 11 12 Expenditures $3781.25 $15,125.00 $3781.25 $3781.25 $3781.25 Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", Ruth Dykeman Youth and Family Services, hereinafter referred to as "the Agency", whose principal office is located at PO Box 66010, Burien, W A 98166. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed bv Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply yvith all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $33,160 for 2009 and $33,160 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement inunediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. address: 16. Notices. Notices to the City of Tukwila shall be sent to the following Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWILA AGENCY: MAYOR, Jim Haggerton BY: SIGNATURE PRINTED NAME ATTEST/ AUTHEl\TTICATED: ADDRESS: CITY CLERK, Christy O'FIaherty APPROVED AS TO FORl\1: OFFICE OF THE CITY ATTORt'lEY BY EXHIBIT A 2009-2010 Ruth Dykeman - Mental Heath & Substance Abuse Services ~e of Services to be Provided bv A~ncv. The Agency shall furnish to residents of t e City of Tukwila, under the City's uman Services program, integrated mental health and substance abuse coundseling services to Showalter Middle school and Foster High School students. 1st Quarter . Serve 21 unduplicated youth · Provide 44 hours of group or individualized counseling . Report on number of screenings/ assessments . Report on outreach activities . Report on referrals for service . Submit outcomes and indicators 2nd Quarter . Serve 18 unduplicated youth . Provide 44 hours of group or individualized counseling . Report on number of screenings/ assessments . Report on outreach activities . Report on referrals for service 3rd Quarter · Serve 18 unduplicated unduplicated youth . Provide 43 hours of group or individualized counseling . Report on number of screenings/ assessments . Report on outreach activities · Report on referrals for service 4th Quarter . Serve 18 unduplicated youth · Provide 44 hours of group or individualized counseling · Report on number of screenings/ assessments . Report on outreach activities · Report on referrals for service . Report outcome data . Submit demographics Funds will be used to pay for personnel. 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. 1 2 3 8290.0 4 5 EX1'1113IT C OPERNTING gUDGET NNED Q UARTERLS EX PENDITURES PLA 6 Z290.00 7 8 9 ;6829 10 11 12 i ota1 Expend es $8290. $33,160.00