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HomeMy WebLinkAboutGF 21-2229.pdf Sound Generations Joanne Donohue 2208 2nd Ave. Seattle, WA 98121 Subject: City of Auburn General Fund Human Services Contract for 2021-2022 Dear Joanne Donohue, The City of Auburn is pleased to announce the Meals on Wheels program was approved for funding in the City’s 2021-2022 biennial budget process of which $12,500 is included annually, for two consecutive years, in the Human Services budget. Enclosed is your two-year contract; please sign and return via Docusign for execution of the contract. I am grateful for your agency’s work in Auburn and what we are able to accomplish together. Sincerely, Kyla Wright Human Services Program Coordinator City of Auburn 25 W Main St. Auburn, WA 98001 253-931-3096 kwright@auburnwa.gov DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF City of Auburn Agreement: GF-21/2229, Sound Generations – Meals on Wheels January 1, 2021 Page 1 of 4 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES This Agreement made and entered into on this ____day of _______________, 20____, (“Effective Date”) by and between SOUND GENERATIONS (“AGENCY”) and the CITY OF AUBURN (“CITY”). The parties agree as follows: 1. SCOPE OF SERVICES. Beginning on January 1, 2021, the AGENCY agrees to perform in a good and professional manner the tasks described in Exhibit “A,” the Scope of Services. The AGENCY will perform all services as an independent contractor and will not be deemed, by virtue of this Agreement and the performance of, to have entered into any partnership, joint venture, employment, or other relationship with the CITY. 2. AGENCY REPRESENTATIONS. The AGENCY represents and warrants that it has all necessary licenses and certifications to perform the services provided for in this Agreement, and is qualified to perform those services. 3. PAYMENT. The CITY will pay a fee to the AGENCY for services provided in the amount not to exceed $12,500 per year, paid in quarterly installments of equal amounts, for services delivered as described in the attached Scope of Services. This fee will be payable in a lump sum upon receipt of an invoice from the AGENCY with the documentation required in Exhibit “B.” If the AGENCY fails to perform services or a unit of services as defined in the Scope of Services, the CITY may withhold payment in the amount of such undelivered services. For agencies receiving more than $25,000 in City of Auburn funding, educational equity training must be timely completed; if agency fails to timely complete and provide documentation of training, the City may withhold 4th Quarter payment until such documentation is provided. 4. EXPENSE REIMBURSEMENT. The AGENCY will pay all "out-of-pocket" expenses, and will not be entitled to reimbursement from the CITY except for specific services, items, or activities listed in the Scope of Services as reimbursable goods or services. 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, reports, memoranda, diagrams, sketches, plans, or other materials created or otherwise prepared by the AGENCY as part of its performance of this Agreement will be owned and become the property of the CITY and may be used by the CITY for any purpose beneficial to the CITY. 6. TERM/TERMINATION. The term of this Agreement will commence on January 1, 2021, and will expire on December 31, 2021. Provided that if the Auburn City Council does not allocate sufficient funding for the 2022 calendar year, this Agreement will terminate on December 31, 2021. This Agreement may be terminated by either party upon ten (10) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. 7. NONDISCRIMINATION. The AGENCY may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF 12/9/2020 City of Auburn Agreement: GF-21/2229, Sound Generations – Meals on Wheels January 1, 2021 Page 2 of 4 8. INDEMNIFICATION / HOLD HARMLESS. The AGENCY shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the AGENCY in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the AGENCY and the CITY, its officers, officials, employees, and volunteers, the AGENCY's liability, including the duty and cost to defend, hereunder shall be only to the extent of the AGENCY’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the AGENCY’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 9. INSURANCE. The AGENCY will procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by the AGENCY, its agents, representatives, or employees. 1. Minimum Scope of Insurance, the AGENCY shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The City shall be named as an insured under the AGENCY’s Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the AGENCY profession. 2. Minimum Amounts of Insurance: The AGENCY shall maintain the following insurance limits: 3. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 4. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF City of Auburn Agreement: GF-21/2229, Sound Generations – Meals on Wheels January 1, 2021 Page 3 of 4 5. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. 6. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The AGENCY’S maintenance of insurance as required will not be construed to limit the liability of the AGENCY to the coverage provided by such insurance or otherwise limit the CITY’s recourse to any remedy available at law or in equity. 2. The AGENCY’s insurance policies are to contain, or be endorsed to contain as statement that they will be primary insurance and any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the AGENCY’s insurance and shall not contribute with it. 3. The AGENCY’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage: The AGENCY shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the AGENCY before commencement of the work. 10. ASSIGNMENT. The AGENCY obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the CITY. 11. NOTICES. All notices required or permitted under this Agreement will be in writing and will be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: IF for AGENCY: Sound Generations Attn: Adam Porter 2208 2nd Ave. Seattle, WA 98121 IF for the CITY: City of Auburn Community Services Division 25 West Main Street Auburn, WA 98001 Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 13. SEVERABILITY. Each provision of this Agreement is intended to be severable. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF City of Auburn Agreement: GF-21/2229, Sound Generations – Meals on Wheels January 1, 2021 Page 4 of 4 this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 15. APPLICABLE LAW. This Agreement and the rights of the parties will be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action will be in the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington. 16. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. The undersigned have read the above statements, understand them, and agree to abide by their terms. Signed: Agency Signed: City of Auburn Printed: Printed: Title: Title: Date: Date: Address: Address: 25 West Main Street Auburn, WA 98001 Phone: Phone: 253-931-3096 DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF Chief Operating Officer 2208 2nd Ave, Suite 100 Seattle, WA 98121 206 727-6206 12/9/2020 Joanne Donohue 12/9/2020 Mayor Nancy Backus EXHIBIT A GF-21/2229 1 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES Quarterly Report Form – example only All reports must be submitted via Excel template uploaded to Share1 upon completion. To: City of Auburn ATTN: Community Services 25 W Main St. Auburn, WA 98001-4998 Agency: Sound Generations 2208 2nd Ave. Seattle, WA 98121 Program: Meals on Wheels Contact, Title: Adam Porter Email/Phone: adamp@soundgenerations.org / 206-727-6242 Amount Requested: $3,125.00 2021 Quarterly Reports due by: 1st Qtr. (January – March) due: April 15, 2021 2nd Qtr. (April – June) due: July 15, 2021 3rd Qtr. (July – September) due: October 15, 2021 4th Qtr. (October – December) due: first week of January, 2022 2022 Quarterly Reports due by: 1st Qtr. (January – March) due: April 15, 2022 2nd Qtr. (April – June) due: July 15, 2022 3rd Qtr. (July – September) due: October 15, 2022 4th Qtr. (October – December) due: first week of January, 2023 Attached report examples: Quarterly Service Unit Report (due with each submittal) – Page 2 Annual Demographics Report (due 4th quarter) – Page 3 Annual Outcomes Report (due 4th quarter) – Page 4 The City of Auburn will issue payment upon this invoice within forty -five (45) business days of receipt. To ensure prompt payment, please submit all required attachments by the date listed above. FOR CITY OF AUBURN USE ONLY: Contract amount: $____________________ Payment(s) year to date: $____________________ $____________________ $____________________ Payment this invoice: $____________________ Contract balance: $____________________ Authorized to pay: Signature Date DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF EXHIBIT A GF-21/2229 2 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES Quarterly Service Unit Report form – example only Agency Information Sound Generations 2208 2nd Ave. Seattle, WA 98121 Contact, Title: Adam Porter, Director Phone: 206-727-6242 Email: adamp@soundgenerations .org Are professional services (e.g., counseling, case management) provided as part of this Agreement? _____ Contract Information Contract Amount: $12,500.00 Program Name: Meals on Wheels Description of Service(s) to be provided: ____________________________________________________ ____________________________________________________________________________________ Reporting Information Report for: 1st Qtr./Jan-Mar 2nd Qtr./Apr-Jun 3rd Qtr./Jul-Sep 4th Qtr./Oct-Dec Annual Service Units AUBURN RESIDENTS ONLY Projected Annual Units 1st qtr. 2nd qtr. 3rd qtr. 4th qtr. Actual service units to date Unduplicated number of Auburn residents served 6 2 1 2 1 Number of meals 1990 498 497 498 497 Narrative: Please submit other relevant information, including current trends, program developments, special events, publicity, community educations, etc. If actual units are lower than anticipated, please explain. DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF EXHIBIT A GF-21/2229 3 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES Annual Demographics Report form – example only Agency: Sound Generations Program: Meals on Wheels Category 1st 2nd 3rd 4th Total YTD Client Residence** **List all residents served in this category. In all other categories list Auburn residents only. Algona Auburn Black Diamond Burien Covington Des Moines Enumclaw Federal Way Kent Maple Valley Normandy Park Pacific Renton SeaTac Seattle Tukwila Unincorporated King County Other: Unknown TOTAL Client 30% of median or below Income 50% of median or below Level 80% of median or below Above 80% of median Unknown TOTAL Client Female Gender Male Client 0-4 Age 5-12 13-17 18-34 35-54 55-74 75+ Unknown TOTAL Ethnicity/ Asian/Pacific Islander Cultural Black/African American Background Hispanic/Latino Native American/ Alaskan Native White/Caucasian Other Unknown TOTAL Condition Disabling Condition ESL Limited English Speaking Household Female-Headed Household DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF EXHIBIT A GF-21/2229 4 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES Annual Outcomes Report form – example only Agency: _______________________________________________________________________ Program: _______________________________________________________________________ Contact: _______________________________________________________________________ Email/Phone: _______________________________________________________________________ OUTCOME (What change do you expect to see?): ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ MEASURABLE INDICATORS (How will you know change has occurred?): ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ DATA COLLECTION METHOD(S): ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ OUTCOME RESULTS/NARRATIVE (Highlight your data, include your interpretation of the data and attach additional information/graphics/etc. if available): ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF GF-21/2229 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES 2021-2022 SCOPE OF SERVICES Agency/Program: Sound Generations Meals on Wheels Location/Mailing: Site Address: 2208 2nd Ave Seattle, WA 98121 Mailing Address: 2208 2nd Ave Seattle, WA 98121 Annual Funding: 2021: $12,500 2022: $12,500 Agency Contact/Title: Adam Porter Director Phone/Email: 206-727-6242 adamp@soundgenerations.org City Contact/Title: Kyla Wright Human Services Program Coordinator Phone/Email: 253-931-3096 kwright@auburnwa.gov Location/Mailing: Site Address: 1 East Main St., 2nd floor Auburn, WA 98002 Mailing Address: 25 West Main St. Auburn, WA 98001-4998 1) Project Summary: Agency shall utilize City of Auburn funds to provide Meals on Wheels services that include: prepared meal delivery to homebound seniors. Such services shall be provided in a professional manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulation. Agency shall ensure that City of Auburn residents are being provided services using awarded Human Services funds under this Agreement. Contractors/Grant recipients are prohibited from making any program services, resources, assistance, or housing conditional on clients participating in any sort of religious activity. No funding provided through the City may be used to support or engage in any explicitly religious activities, including activities that involve overt religious content such as worship, religious instruction, or proselytization. 2) Performance Measures: a. Number Served - the Agency agrees to serve, at minimum, the following unduplicated number of Auburn residents with awarded Human Services funds. b. Service Units - the Agency agrees to provide, at minimum, the following service units by quarter. DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF GF-21/2229 Number Served Annual Goal 1st Qtr. JAN– MARCH 2nd Qtr. APRIL- JUNE 3rd Qtr. JULY– SEPT 4th Qtr. OCT– DEC Number of unduplicated Auburn residents assisted in 2021 6 2 1 2 1 Number of unduplicated Auburn residents assisted in 2022 6 2 1 2 1 Definition of Service Units: 1. Number of prepared meals delivered to a homebound senior 3) Outcome(s): 90% of program participant respondents will indicate on client survey that their health has been improved or maintained since receiving services from Meals on Wheels. 4) Reporting Requirements: All data/required forms shall be submitted using Excel template found and submitted via Share1 (instructions to be provided). Required forms shall be submitted quarterly and/or annually; 1st, 2nd and 3rd quarterly reports are due no later than the 15th of the month following the end of each quarter, i.e. April 15, July 15, and October 15. 4th quarter reports are due no later than the first week of January in order to comply with City end-of-year accounting procedures. City staff will communicate official January due date(s) during the first week of December. Quarterly Service Unit Report (due with each submittal): Submitted via Excel form, data from this form will be used to track each program’s progress toward meeting the goals stipulated in the Scope of Services. Service Units Annual Goal 1st Qtr. JAN–MAR 2nd Qtr. APR-JUN 3rd Qtr. JUL–SEP 4th Qtr. OCT–DEC 1. Number of meals offered in 2021 1990 498 497 498 497 1. Number of meals offered in 2022 1990 498 497 498 497 DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF GF-21/2229 Reimbursement Request (due with each submittal): Included as the first page of the Excel form, this form will serve as the invoicing mechanism for payment to your agency/program. Reimbursement requests must be signed and returned via email to the City of Auburn staff contact as listed in section five (5) of this Scope of Services. Annual Demographics Report (due 4th quarter): Submitted via Excel form, the agency shall collect and retain data requested on this form from persons served through this Agreement. Data should be tracked in an ongoing manner and submitted annually in Share1App (by January 15th). Annual Outcomes Report (due 4th quarter): Submitted via Excel form, data should demonstrate the program’s progress toward Outcomes specified in the Scope of Services. Outcome data shall be submitted in Share1App annually (by January 15th). 5) Compensation: The Agency agrees that it will meet the specific funding conditions identified and acknowledges that payment to the Agency will not be made unless the funding conditions and equity training consistent, if applicable, are met. Expenses must be incurred prior to submission of quarterly reimbursement requests. Quarterly reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated quarterly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end in the Service Unit Report. The Agency shall submit reimbursement requests in the format requested by the City. Reimbursement requests must be signed and submitted with Quarterly Report through Share1: Estimated Quarterly Reimbursements: 2021: $12,500 2022: $12,500 1st Qtr. $3,125.00 1st Qtr. $3,125.00 2nd Qtr. $3,125.00 2nd Qtr. $3,125.00 3rd Qtr. $3,125.00 3rd Qtr. $3,125.00 4th Qtr. $3,125.00 4th Qtr. $3,125.00 DocuSign Envelope ID: B14420C4-5A5B-412E-9475-9A28B35744DF