HomeMy WebLinkAbout2025-0104 - GF25-2020 - - The YMCA of Greater Seattle - Eviction Prevention - The YMCA of Greater Seattle Docusign Envelope ID: 1 F1 F5D25-D045-4269-B808-2F501 FDC9400
CITY OFAUBURN
AGREEMENT FOR SERVICES
Amended
The YMCA of Greater Seattle
Eviction Prevention Program
THIS AGREEMENT made and entered into,by and between the CITY OF AUBURN("City"), a municipal
corporation of the State of Washington, and The YMCA of Greater Seattle ("Provider"), whose address is
909 4th Avenue, Seattle,WA 98104.
In consideration of the conditions and the mutual promises and covenants contained in this Agreement, the
parties agree as follows:
1. Scope of Services
The Provider agrees to perform the tasks described in Exhibit "A" to this Agreement. The Provider
will be responsible for providing work products and services of a quality and professional standard
acceptable to the City. Without additional compensation, the Provider will correct or revise any
negligent errors, omissions or other deficiencies in any required plans, designs, drawings,
specifications, reports and/or other services as noted in exhibit A,whether during or after the Term of
this Agreement or for a 7(seven)year period starting on the date of the termination of the Agreement.
The City's approval of Provider's services will not in any way relieve the Provider of responsibility for
service accuracy and adequacy.
2. Additional Services
The Parties will amend this Agreement if additional services are required beyond those specified in
Exhibit A and/or included in the compensation amount for this Agreement. An amendment must be
written and agreed to by the Parties before Provider performs any additional services, and it must
specify the nature, scope, and payment terms for the additional services. If the time period for
completing additional services makes the advance signing of an amendment impractical, the Provider
agrees to perform only the additional services requested in writing by an authorized City representative
pending the signing of an Amendment as set forth in this Section. The invoice procedure for any
additional services is described in Section 4 of this Agreement.
3. Provider's Representations&Oualifications
The Provider represents and warrants that it has all the required licenses, certifications and
qualifications to perform the services in this Agreement. Provider represents that its signatory to this
Agreement has the requisite legal authority to bind Provider to the terms and conditions of this
Agreement.
4. Compensation
a. As compensation for the Provider's performance of this Agreement,the City will pay the
Provider the fees and costs specified in Exhibit"A".The City's payments will fully compensate
Provider for work performed/services rendered and for all labor,materials, supplies,
equipment, overhead,profit, and incidentals necessary for Provider to complete the work.
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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b. The Provider will submit quarterly invoices or statements to the City detailing the time spent
on Exhibit A tasks using the format,reporting requirements and template found in Exhibit B.
Upon its acceptance of the invoice or statement,the City will process it in its next billing/claim
cycle and will remit payment to the Provider(subject to any conditions or provisions in this
Agreement or an Amendment). This Agreement's number must appear on all submitted
invoices. Provider will submit copies of any documents supporting an invoice or statement to
the City upon request.
c. If the Provider 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 as outlined in
Exhibit"A".
d. The Provider 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 Exhibit"A", Scope of
Services as reimbursable goods or services.
5. Equity and Inclusion Training
In July 2019, Auburn's City Council approved the Inclusive Auburn Initiative to eliminate systemic
causes of disparities, racial and otherwise in the City of Auburn; promote inclusion and create
opportunities for full participation for every resident and business in the City of Auburn; and reduce,
and eventually eliminate, disparities of outcomes in our community. The Human Services Program
requires agencies receiving funding to participate in annual equity and inclusion training for their
program staff and volunteers.
a. Training. The annual equity and inclusion training is expected to cover themes related to
impacts of institutional racism,power and privilege, or implicit bias.
b. Scheduling. City of Auburn Human Service staff will coordinate four training options
throughout the year that meet these education requirements.Program staff will need to register
for training options and provide verification of attendance no later than December 1 of each
contract year or program may not be eligible for full annual reimbursement.Verification of
workshop submitted to City Staff must include the following: Training session attended,
program attendees, and hours attended.
c. Alternatives.If the Providers utilizes in-house equity and inclusion training,approval is
required from Human Services staff to ensure training meets education goals. If the Provider
utilizes a third-party for training, approval is required from Human Services staff to ensure
training meets education goals and Provider agrees to incur associated costs of training.
6. Time for Performance.Term.and Termination of Agreement
a. The Provider will begin no work under this Agreement until authorized by the City in writing.
The term of this Agreement commences on the date that the last party signs it(as reflected on
the signature page).Once commenced,Provider shall complete the performance of all services
in Exhibit A,unless the Parties otherwise agree in writing. Reporting requirements,timeline
as well as report formats for all reports and reimbursement requests must be in the form as
noted in Exhibit B of this agreement.
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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b. Termination for cause. Either party may terminate this Agreement for cause with written notice
to the other party. A termination is"for cause"if a party substantially fails to perform in
accordance with the terms of this Agreement through no fault of the other party. The notice
will specify the termination reason(s) and its effective date. If the City terminates this
Agreement for cause, all City payments otherwise due to Provider will be suspended and the
City will have no further obligations to Provider.
c. Termination for Convenience. Either party may terminate this Agreement for convenience
upon at least 7 days' written notice. The notice shall contain the termination effective date. If
the termination is through no fault of the Provider,the City will compensate Provider for
services performed up to the termination effective date in accordance with the Exhibit B
compensation rate. This compensation will fully satisfy the City's obligations under this
Agreement and will discharge the City from any further obligations and liabilities to the
Provider(including any Provider claims of anticipated profits or other consequential damages
resulting from the termination).
d. Upon receipt of any termination notice,the Provider will promptly discontinue all services and
deliver to the City all data,drawings, specifications,reports, summaries, and such other
information and materials the Provider has accumulated,prepared, or obtained in performing
this Agreement(whether fully or partially completed).
e. The rights and remedies in this Section do not exclude any other legal or equitable rights or
remedies available to either party.
7. Ownershin and Use of Documents
The City will own all documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials that the Provider creates or prepares in
performing this Agreement (the "Work Products"). The City may use these work products for any
lawful purpose. Provider acknowledges that this Agreement and the work products are public records
subject to RCW 42.56 unless exempt from public records disclosure requirements. The Provider agrees
to fully assist the City in identifying,locating,and copying any records Provider possesses that the City
determines in its sole discretion are responsive to a Public Records request.
8. Records Insnection and Audit
All City payments are subject to adjustment for any amounts found upon audit or otherwise to have
been improperly invoiced. The City may inspect and audit any Provider records and books of account
pertaining to any work performed under this Agreement for up to 3 years after the City's final payment
to Provider. If any litigation, claim, dispute, or audit is initiated before this 3-year period expires,
Provider shall retain all records and books of account for any work performed under this Agreement
until final resolution of any such litigation,claim, dispute, or audit.
9. Continuation of Performance
If any dispute or conflict arises between the parties while this Agreement is in effect, the Provider
agrees to cooperate and continue in good faith toward successful completion of its responsibilities under
this Agreement notwithstanding such dispute or conflict.
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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10. Independent Contractor
The Provider will perform the services as an independent contractor and will not be deemed by virtue
of this Agreement or the performance of it to be in a partnership,joint venture, employment, or other
relationship with the City. Nothing in this Agreement creates any contract relationship between the
City and the Provider's employees, agents, or subcontractors.
11. Administration of Agreement
This Agreement will be administered by Loria Yeadon,on behalf of the Provider,and by the City
Mayor(or designee) on behalf of the City.
12. Notices
Notices or communications permitted or required under this Agreement will be written and delivered
to the following addresses:
Notice to the City: Notice to Provider:
Human Services Department Mai Nguyen, CFO/COO
City of Auburn The YMCA of Greater Seattle
25 West Main St 909 4th Avenue,
Auburn,WA 98001-4998 Seattle,WA 98104
Phone: 263.876.1965 206.573.0450
Fax: 253.931.4005 cfo@seattleymca.org
Email: jdavison@auburnwa.gov
Either party may change its above address by giving written notice to the other party. Notices to non-
parties will be delivered as designated by a party to this Agreement.
13. Insurance
a. The Provider will,at its sole expense,procure and maintain for the duration of this Agreement
and for 30 days thereafter 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 Provider,
its agents,representatives,or employees.
b. Provider's maintenance of insurance as required by the Agreement will not be construed to
limit the liability of the Provider to the coverage provided by such insurance or otherwise limit
the City's recourse to any remedy available at law or in equity.
c. The Service Provider will obtain insurance of the types described below:
(i) Automobile Liability insurance covering all owned,non-owned,hired and leased
vehicles. Coverage will be at least as broad as Insurance Services Office(ISO) form
CA 00 01 (provider may use a substitute form providing equivalent liability coverage).
Provider will maintain automobile insurance with minimum combined single limit for
bodily injury and property damage of$1,000,000 per accident.
(ii) Commercial General Liability insurance will be at least as broad as ISO occurrence
form CG 00 01 and will cover liability arising from premises, operations, stop-gap
independent contractors,products-completed operations,personal injury and
advertising injury, and liability assumed under an insured contract. The City will be
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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named as an additional insured under the Provider's Commercial General Liability
insurance policy with respect to the work performed for the City using an additional
insured endorsement at least as broad as ISO Additional Insured endorsement CG
20 26. Commercial General Liability insurance will be written with limits no less than
$1,000,000 each occurrence, $3,000,000 general aggregate.
(iii) Worker's Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
(iv) Professional Liability insurance is appropriate to the Provider's profession with limits
no less than$1,000,000 per claim and$3,000,000 policy aggregate limit.
d. For Automobile Liability and Commercial General Liability insurance,the policies are to
contain or be endorsed to contain that Provider's insurance coverage will be primary insurance
as respects the City. Any insurance,self-insurance,or self-insurance pool coverage maintained
by the City will be excess of the Provider's insurance and will not contribute with it.
e. Insurance is to be placed with an authorized insurer in Washington State. The insurer must
have a current A.M. Best rating of not less than A:VII.
f. The Provider will furnish the City with original certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement,evidencing the insurance requirements of this Agreement before commencement
of the work.
g. The City reserves the right to require that complete,certified copies of all required insurance
policies and/or evidence of all subcontractors' coverage be submitted to the City at any time.
The City may withhold payment if the Provider does not fully comply with this request.
h. If the Provider maintains higher insurance limits than the minimums shown above,the City
will be insured for the full available limits of Commercial General and Excess or Umbrella
liability maintained by the Provider, irrespective of whether such limits maintained by the
Provider are greater than those required by this Agreement or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by the
Provider.
i. The provider will provide the City with written notice of any policy cancellation within two
business days of their receipt of such notice. Failure by the Provider to maintain the insurance
as required will constitute a material breach of this agreement,upon which the City may,after
giving five(5)business days' notice to the Provider to correct the breach, immediately
terminate the agreement or,at its discretion,procure or renew such insurance and pay any and
all premiums in connection therewith,with any sums so expended to be repaid to the City on
demand,or at the City's sole discretion, offset against funds due the Provider from the City.
14. Indemnification/Hold Harmless
a. Except for injuries and damages caused by the sole negligence of the City,the Provider will
defend, indemnify and hold the City and its officers, officials, employees, and volunteers
harmless from any and all claims,injuries,damages,losses,or suits of every kind,including
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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attorney fees and litigation expenses, arising out of or resulting from the acts, errors, or
omissions of the Provider, its employees, agents, representatives, or subcontractors, including
employees, agents, or representatives of its subcontractors, made in the performance of this
Agreement, or arising out of worker's compensation, unemployment compensation, or
unemployment disability compensation claims.
b. 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 Provider
and the City,its officers,officials,employees,and volunteers,the Provider's liability,including
the duty and cost to defend,hereunder shall be only to the extent of the Provider's negligence.
c. If is further specifically and expressly understood that this indemnification constitutes the
Provider'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 will survive the expiration or termination of this Agreement.
d. The provisions of this section were separately and mutually negotiated by the parties.
15. Assignment
Neither party to this Agreement may partially or wholly assign any right or obligation in it without the
other party's prior written consent. No assignment or transfer of any interest under this Agreement will
release the assignor from any liability or obligation under this Agreement or cause any such liability or
obligation to be reduced to a secondary liability or obligation.
16. Nondiscrimination
The Provider may not engage in any unfair practice identified in RCW 49.60.180 and/or 42 U.S.C.
§2000e-2 in the performance of any services or activities under this Agreement (either directly or
through contractual,hiring, or other arrangements).
17. Amendment,Modification and Waiver
No amendment,modification,or waiver of any condition,provision, or term of this Agreement will be
valid or effective unless written and signed by the party to be bound (or the party's authorized
representative), specifying the nature and extent of such amendment, modification or waiver. Any
waiver, approval or acceptance, or payment by any party will not affect or impair that party's rights
arising from any default by the other party.
18. Parties in Interest
This Agreement will bind(and its benefits and obligations will inure to)the parties and their respective
successors and assigns. This section will not permit any transfer or assignment otherwise prohibited by
this Agreement. This Agreement is for the exclusive benefit of the parties, and it does not create a
contractual relationship with or exist for the benefit of any third party (including contractors, sub-
contractors and sureties).
19. Force Maieure
Delays in performing this Agreement will be excused to the extent caused by acts outside a party's
control, such as fires, cyber/ransomware attacks, earthquakes, floods, explosions, actions of the
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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elements, riots, mob violence, strikes, pandemics, labor strikes or lockouts, and state or federal
government emergency orders.
20. Applicable Law
This Agreement and the rights of the parties under it will be governed by the laws, regulations, and
ordinances of the City, King County, and the State of Washington. Venue for actions involving this
agreement will be in the county where the property or project is located, or in King County if not site
specific. An applicable statute of limitation will commence no later than the Provider's substantial
completion of the services in this Agreement.
21. Captions,Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for
convenience of reference only and will not act to limit the scope of their particular paragraph or section.
Where appropriate, the singular will include the plural (and vice versa), and masculine, feminine and
neuter expressions will be interchangeable. This Agreement has been drafted by mutual agreement of
the parties, and it will be interpreted and/or constructed without regard to its drafter.
22. Severable Provisions
Each provision of this Agreement is intended to be severable. The illegality or invalidity of any
provision in this Agreement will not affect the validity of the Agreement's remaining provisions.
23. Entire Agreement
This Agreement (together with any subsequent amendments or addendums) contains the entire
understanding of the parties regarding its subject matter, and it supersedes all prior oral or written
representations, agreements and understandings between the parties. No other oral or written
understandings regarding this Agreement shall bind any party.
24. Non-Availability of Funds
Every City obligation under this Agreement is contingent on the availability of appropriated or allocated
City funds. If funds required for the City's performance are not allocated and available, the City may
terminate this Agreement at the end of the available funding period and without the required Section 6,
seven days' notice. The City will not be liable if it exercises this provision and will not be obligated or
liable for any future payments or damages as a result of termination under this Section.
25. Counterparts
This Agreement may be executed in multiple counterparts, with each counterpart being one and the
same Agreement, and the Agreement will become effective when one or more counterparts have been
signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed effective the day and
year first set forth above.
CITY OF AUBURN THE YMCA OF GREATER SEATTLE
00038 pea by signed by
Ikai NIwiwA,
FE Eoa]G 38 EE 57E4CA
NancyEackus,Mayor Maiguyen, COO/CFO
Date: 4/6/2025 Date: 4/5/202 5
Approved as to form:
signed by
Paul Bryne, City Attorney
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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EXHIBIT A
Provider/Program: The YMCA of Greater Seattle Eviction Prevention Program
Location/Mailing: Site Address: Mailing Address:
909 4th Avenue 909 4th Avenue,
Seattle,WA 98104 Seattle,WA 98104
Annual Funding: 2025:Not to Exceed: $100,000 2026:Not to Exceed$100,000
Provider Contact/Title: Mai Nguyen George Petre
Phone/Email: 206.573.0450 georgepetre@seattleymca.org
City Contact/Title: Jody Davison CDBG/Human Service Program
Coordinator
Phone/Email: 253.876.1965 jdavison@auburnwa.gov
Location/Mailing: Site Address: Mailing Address:
1 East Main St.,2nd floor 25 West Main St.
Auburn,WA 98002 Auburn,WA 98001-4998
1. Project Summary:
Provider shall utilize City of Auburn funds to provide services that include emergency financial
assistance for those at risk of either losing housing or who are already homeless.
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:
Outcomes-the Provider agrees the services provided aim to meet the outcomes indicated.
Outcome 1: 95% Program participants will attain housing and remain stability housed for 6 months
after program exit.
Number Served - the Provider agrees to serve, at minimum, the following unduplicated number of
Auburn residents with awarded Human Services funds.
For the purposes of meeting outcomes, an Auburn resident is defined as an individual currently within
the city limits of Auburn who seeks services and may lack stable or permanent housing.Verification of
residency may include self-reported location during intake,where individuals can indicate their current
presence in Auburn, as well as documentation from local shelters or outreach programs that
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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maintain records of individuals accessing services.Additionally,data from the Homeless Management
Information System(HMIS),if utilized by the city,can provide further confirmation of homelessness.
It is important to note that verification will not rely on the last zip code where the individual had
stable housing. Only individuals meeting this definition will be counted toward service unit
targets and outcome metrics.
Number of Annual 1st Quarter 2"`'Quarter 3rd Quarter 4th Quarter
Unduplicated Goal (Jan-Mar) (Apr-Jun) (Jul-Sept) (Oct-Dec)
Auburn Residents
Served
2025 60 15 15 15 15
2026 60 15 15 15 15
Service Units-Provider agrees to provide,at minimum,the following service units by quarter.
Service Unit 1: Applicants receive financial aid
Service Unit 1 Annual 1st Quarter 2"Quarter 3'Quarter 4th Quarter
Goal (Jan-Mar) (Apr-Jun) (Jul-Sept) (Oct-Dec)
2025 25 6 6 6 7
2026 25 7 6 6 6
3. Reporting Requirements:
All data/required forms shall be submitted using Excel template found and submitted via SharelApp
(instructions to be provided). Required forms shall be submitted quarterly and/or annually; 1st, 2"d 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 Excel report uploaded through
SharelApp,data from this form will be used to track each program's progress toward meeting the goals
stipulated in the Scope of Services.
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 Provider/program.Reimbursement requests
must be signed and uploaded through SharelApp.
Annual Demographics Report(due 4th quarter): Submitted via Excel form,the Provider 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 Share lApp(by January 15th)
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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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 Share 1 App annually(by January 15th).
Annual Equity Training Report (due 4th quarter): Submitted via Word Document and should
demonstrate,date of training,training overview,staff in attendance,hours of training received.Training
Report should be emailed to Human Services staff in the quarter the training was completed,and no later
than December 31.
4. Compensation:
The City will pay a fee to the Provider for services not to exceed$100,000 per year.The Provider agrees
that it will meet the specific funding conditions identified and acknowledges that payment to the Provider
will not be made unless the funding conditions and equity training component 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 Provider shall submit reimbursement requests in the format requested by the City.Reimbursement
requests must be signed and completed with the Quarterly Report submitted through SharelApp:
Zenaine(zenaineha.com)
Estimated Quarterly Reimbursement Schedule
Year 1 Annual Award Year 2 Annual Award Two Year
Contract Total
2025 $100,000 2026 $100,000 $200,000
1st Qtr. $25,000 1st Qtr. $25,000
2nd Qtr. $25,000 2nd Qtr. $25,000
3rd Qtr. $25,000 3rd Qtr. $25,000
4th Qtr. $25,000 4th Qtr. $25,000
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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EXHIBIT B
CITY OF AUBURN REPORTING DETAILS
FOR HUMAN SERVICES ACTIVITIES
REPORTING TIMELINES
2025 Quarterly Reports due by: 1st Qtr. (January—March)due: April 15,2025
2nd Qtr. (April—June)due:July 15,2025
3rd Qtr.(July—September)due: October 15,2025
4th Qtr.(October—December)due:first week of January 2026
Equity and Inclusion Form due:Quarter training completed,no later than December 31,2025
2026 Quarterly Reports due by: 1st Qtr.(January—March)due:April 15,2026
2nd Qtr. (April—June)due:July 15,2026
3rd Qtr.(July—September)due: October 15,2026
4th Qtr.(October—December)due: first week of January 2027
Equity and Inclusion Form due:Quarter training completed,no later than December 31,2026
Attached report examples:
Quarterly Reimbursement Report(due each quarter)
Annual Demographics Report(due January 15th)
Annual Outcomes Report(due January 15th)
Equity and Inclusion Form(Qtr.training completed)
Quarterly Reports should be uploaded via SharelApp by the above due dates. City staff will be
able to review reports through that platform. Zengine(zengineha.com)
Report templates can be found at the link above.
To ensure prompt payment,please submit all required attachments by the dates listed above.
Contract Number:[GF25-2620]
YMCA Eviction Prevention
Amendment Number 3
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