The URL can be used to link to this page

Home My WebLink About03-01-2010 ITEM VIII-B-2CITY OF_ —� WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Acceptance of King County Contract partially funding I Date: February 8, 2010 the OIVMD'I'c Leadership Academy Department: Parks, Arts and Recreation Attachments: Resolution 4568 and Kina County Contract D39943D Administrative Recommendationt City Council adopt Resolution No. 4568. Background Summary: Budget Impact: .King County Contract D39943D, a Safe Communities Grant, is a renewal of an agreement between the Seattle -King County Department of Public Health and the City of Auburn for the Olympic Leadership Academy (OLA) program at Olympic Middle School., The program, now in its 6t" year, has been funded in part by this grant for the past three,years. The grand is for $50,000 and is offered in partnership with the Auburn School District. The program serves 50-60 students each day with the expressintent to provide youth — predominately Latino youth who are at high risk of academic failure — a supportive school environment that helps them achieve academic and personal success measured byimprovements in school performance, attendance, and a decrease in disciplinary action for delinquent activities. A supervised recreational opportunity and an academic component are the two primary parts of the program each day. R0301 ml F5.3 Council Approval: Yes No Call for Public Hearing _/ 1_ Referred to Until ^I Tabled Until Councillimember: Norman Staff: Faber Meeting Date: March 1, 2010 Item Number: V111,13.2 AUBURN ' MORE THAN YOU IMAGINED Reviewed by Council Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMI EES.- Building Q M80 ❑ Airport 1:1 Finance Cemetery ❑ Mayor E:] Hear -Ing Examiner 0 Municipal Sere. [I Finance El Parks ❑ Human Services 0 Planning & CD Fire Planning ❑ Park Board Public Works Q Legal Police ❑ Planning Comm. Other Museum Board Public Works Human Resources ❑ Information Services FAction:A I Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing _/ 1_ Referred to Until ^I Tabled Until Councillimember: Norman Staff: Faber Meeting Date: March 1, 2010 Item Number: V111,13.2 AUBURN ' MORE THAN YOU IMAGINED RESOLUTION NO. 4568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING ACCEPTANCE QF A KING COUNTY GRANT IN THE AMOUNT OF $54,000 IN SUPPORT OF THE OLYMPIC LEADERSHIP ACADEMY PROGRAM WHEREAS, King County is the manager of Safe Communities Grant program supporting partnerships with local communities; and WHEREAS, King County desires to have certain services performed by the Contractor as described in this Contract, attached hereto, designated as Exhibit "A", and incorporated by reference in this Resolution; and WHEREAS, the City of Auburn is a public agency with an afterschool program intent on provi'd'ing at -risk youth a supportive school environment that gives them an opportunity to improve tfieir chances of academic and personal success; and WHEREAS, the program is now in it's sixth successful year and provides service to 50 — 60 youth daily. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES THAT: Section 1. The Mayor is authorized to enter into a contract with King County to accept the Safe Communities Grant funds and to implement such administrative procedures as may be necessary to carry out the d'irect'ives of this legislation. Section 2. Any funding assistance received shall be used for implementation of the project referenced above,, Section 3. MEOW This resolution shall take effect and be in full force upon passage and signatures hereon. Resolution 4568 February 23, 2010 Page 1 of 2 SIGNED and DATED this ATTEST: Danielle E. Daska City Clerk # Lo I Ly l"1 l l V I I Ir,, -,y Resolution 4568 February 23, 2010 Page 2 of 2 day of March, 2409. CITY OF AUBURN PETER B. LEWIS, MAYOR Public Health�qffwmmmmmw� qw-mr�W� r a Seattle & King County King County Contract No. Federal Taxpayer 1D No. D39.943D.. This form is available in alternate formats for people with disabilities upon request. KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION - 2010 Department Division Seattle -King County Dept. of Public Health (a.k.a. Public Health �- Seattle & King County)/ODIR Contractor i# of Auburn Parks, Art and Recreation Department Pro'i ject Title lympcLeadership Academy Contract Amount $501000.,00m Fifty Thousand Dollars and Zero Cents Contract Period iStart date: 01I01/2010 End date: 1213i/2010 THIS CONTRACTis entered into by KING COUNTY (the "County"), and City of Auburn Parks,, Art and Recreation Department (the "Contractor"), whose address'I's 910 9th Street SE, Auburn, WA 98002. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates.. FUNDING SOURCES FUNDING"LEVE'LS EFFECTIVE DATES COUNTY $50,000.00 1/1 /2010 to 12/31/20101 FdPT-@Tlk WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2010 Annus! Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference-.,, A. Program Exhibits and Requirements • Exhibit A: Project Statement of Work, Description and Requirements • Exhibit B. -F Invoice • Exhibit C: Certificate of Insurance and Additional insured Endorsement Term and Terminati.on 0 most A. This Contract shall commence an 01/01/2010, and shall terminate on 12!31/2010, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract, B. This Contract may be terminated by the either party without cause, in whole or inP art prior to the date specified in Subsection II.A. above, by providing the other party thirty (34) days advance written notice of the Termination. C. The County may #erminate this Contract, in whole orin part, upon seven (7) days advance written notice in tate event: (1) the Contractor materially breaches any duty, obligation, or service required SKCDPH-Agency BP*1 of 14 pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection I LC, (1), the Contractor shall be liable for damages, including any additional costs of procurement of s"mHar services from another source. 0 4. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the te rmi n atio n date set fort h above 'sn Subsection I I -Am I the County may, upon written notification to the Contractor,, terminate this Contractin whole or ire part. 0 If the Contract is te rrn dl'n ate d a s provided in this Subsection: (1 ) the County will b e (table only for payment in accordance w'Ah the terms of this Contract for services rendered prior to the effective date of Termination; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the act"v"t"es described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year.. E. The Contractor may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party., IIE. Compensat'ion and Method of Payment MMMMMR� A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specifiiedn this Contract, payable in the following manner: Upon receipt and approval of a signed invoice as set forth in Exhibit B that complies with the budget in Exhibit A. B. The Contractor shall submit a n invoice and all accompanying reports as specified i n the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C. The Contractor shall submitits final invoice and all outstanding reports within 90 days of the date this Contract terminates. if the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D. When a budget +s attached hereto a s a n exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for ars amendment to this Contract when the cumulative amount of transfers among the budget categories i s expected to exceed 10 % of the Contract amount i n any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E. If (ravel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and rneal expenses are limited to the eligible costs based on the following rates and criteria. SKCDPH-Agency BP.2 of 14 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rale shall b e paid for the operation, maintenance and depreciation of in d ivi'd u a I ly owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates,, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the fast city in the Code of Federal Regulations, 41 CFR § 309, App,As. 3. Accommodation rates shall not exceed the federal lodging limit plus host calty taxes,,, The Contractor shall always request government rates. 4., Air travel shalt be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. V. Debarment and Suspension Certification Agencies receiving federal funds that ars debarred, suspended, or proposed for debarment are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment., The Contractor agrees to notify King County in the evens it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. For more information on suspension and debarment, see Federal Acquisition Regulation 9.4. VE. Maintenance of-Records/Evalluations and inspections A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. Q. I n accordance With the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 'f . Records of employment, em 1 ment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract -'I and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any mutually agreeable time the site of the work and the Contri, t,,,:) S office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves P. federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. G. Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them SKCIDPHwAgency BP:F3 of 14 is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D. Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract,, the Contractor- shall be responsible for the disposition and maintenance of such medical records. E. The Contractor shall provide right of access to its facilifiesr-r-including those of any subcontractor assigned any portion of this Contract pursuant to Section X111 ---to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract, The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. F. The records and documents with respect to all matters covered by this Contract shall be subject at al! time to inspection, review, o r audit by the County and/or federal/skate officials so authorized by law during the performance of th i s Contract and six (6) years after termination hereof, unless a 10 longer retention period is required by law. G. The Contractor agrees to cooperate with the County orits agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. H. The Contractor agrees that all information, records, and data collected in connection with this Contract s h al I be protected from unauthorized disclosure i n accordance with a p p licab le stale and federal law. V11. Compliance with the Health Insurance Portabifitv Accountabilltv Act of 1996 (HIPAA terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 Code of Federal Regulations (CFR) Parts 160 and 164. A. Obligations and Activities of the Contractor 1. Th e Contractor agrees not to use or disclose protected health information other than as permitted o r required by this Contract, H I PAA and the Health Information Technology for Economic and cliniral. Health Act (HITECH), the Contractor shall use and disclose protected health information only if such use or disclosure, respectively, is in comp liance with each applicable requirement of 45 CFR § 164.504(e). The Contractor is directly responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply to business associates. 2. The Contractor agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information thatilt creates, receives, maintains, or transmits on behalf of the County as required,by 45 CFR, Part 164, Subpart C. The Contractor is directly responsible for compliance with the security provisions of HIPAA and HITECH that apply to business associates, including sections 164.30$, 164.310, 164.312, and 164.316 of title 45 CFR. 3. Within two (2) business days of the discovery of a breach as defined at 45 CFR § 164.402 the Contractor shall notify the County of any breach of unsecured protected health information. The notification shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by the Contractor to have been, accessed, acquired, or disclosed during such breach; a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; a description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disab'fity code, or other types of information were involved)', any steps individuals should take to protect themselves from SKCDPH-Agency BP*44 of 14 potential harm resulting from the breach; a brief description of what the Contractor is doing to investigate the breach, to mitigate harm to individuals, Mand to protect against any further breaches; the contact procedures of the Contractor for individuals to ask questions or learn additional information, which shall include a toll free number, an e-mail address, Web site, or porta! address; and any other information required to be provided to the individual by the County pursuant to 45 CFR § 164,404, as amended. A breach shall be treated as discovered I accordance with the terms of 45 CFR § 164,410. The information shall be updated promptly and provided to the County as requested by the County. 4. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract or the law,, 5. The Contractor agrees to report in writing all unauthor@- ized or otherwise improper disclosures of protected health information or security incident to the County within two days of the Contractor knowledge of such event. 6. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of the County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 7. The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524. 8, The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR � 164.526. 9. The Contractor agrees to makeinternal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with HIPAA, HITECH or this Contract. 10. the Contractor agrees to make available the information required to provide a n accounting of disclosures in accordance with 4 5 CFR § 164.52 8. Should a n individual make a request to the County for an accounting of disclosures of his or her protected health information pursuant to 45 CFR § 164,,528, Contractor agrees to promptly provide an accounting, as specified under 42 U.S.C. § 1 7335(c){1) and 45 CFR § 164.528, of disclosures of protected health information that have been made by the Contractor acting on behalf of the County. The accounting shall be provided by the Contractor to the County or to the individual, as directed by the County. B. Permitted Uses and Disclosures bv Business Associate The Contractor may use or disclose protected health information to perform functions, activities, or services for, -or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate HIPAA if done by King County or the minimum necessary policies and procedures of King County.. C. Effect of germination 1. except as provided in paragraph C.2. of this Section, upon termination of this Contract, for any reason, the Contractor shaft return or destroy all protected health information received , from the County, or created or received by the Contractor on behalf of the County., This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. SKCDPHmA,9,encY 8P:5 of 14 2,. In the evens the Co ntracto r determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. D. Reimbursement for Costs Incurred Due to Breach 1. Contractor shall reimburse the County, without limitation, for all costs of investigat'i'on, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured protected health information by the Contractor. Vill., Audits A. If the Contractor or subcontractor is a municipal entity or other government institution or juri4 sdiction, or is anon-profit organizatiion a s defined in OMB C'Ircular A-1 33, and expends a Total of $5Q0,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor or subcontractor shall meet the respective A- 13 3 requirements described i n subsections VlII.B. and VIII.C. B. If the Contractor is a non�profit organ"zation, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OME3 Circular A- 133, as amended, and as applicable. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year,, The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a " Management Letter" or other correspondence made by the auditor, the Contractor shall provide copies of those communications and the Contractor's response and corrective action plan. Submittal of these documents shall constitute compliance with subsection VIIIA. C. If the Contractor is a municipal entity or other government institution or jurisdietifln, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute comp I iance with subsection VIIIA. D. If the Contractor, for- profit or non- profit, receives i n excess of $10 0, 000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Contractor's fiscal year. E. Additional audit or rev iew requirements which may be imposed on the County wi 11 be passed on to 1 the Contractor and the Contractor will be req uicornred to ply with any such requirements. IX. Corrective Action If the County determines that a breach of contract has occurred, that is, The Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure wit [ apply: A. The County will. notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such n otification, which response shad indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the SKCDPHwAgency BPF.6 of 14 Contract into compliance, which date shall not be more than ten (10) clays from the date of the Contractor's response., unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County, C. In the event that the Contractor does not respond within the appropriate time with a corrective act'i'on plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contractin whole orin part pursuant to Section ILG,; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section I1. Subsections 8, C, D, and E. X. Dispute Resolution A. The parties shall use their best, good -,faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract., Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. B. If a dispute arises between the par -ties that cannot be resolved by direct negotiation, the dispute shall be submitted to a dispute board for anon-binding determination, Each party shaft timely appoint one member to the disputa board.. Those members shall j ointly appoint an additional member., Any costs of the dispute hoard shall be split evenly between the two parties. The dispute board shall timely review the facts, Contract terms and applicable law and rules, and make fts determination. Provided that each party and the dispute board actin a timely manner, the parties agree not to seek legal or equitable relief in the courts until the dis P U te board renders its determination. Thereafter, either party may seek legal or equitable relief in the courts. Xi. Hold Harmless and Indemnification A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees cf the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liabififty that may result from the performance of and compensaflon for these services and shaft make no claim of career service or civil service rights which may accrue to a County employee under state or local law. the County assumes no responsib*11ity for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and w'111 repay the County all indicated amounts fallowing an audit exception which occurs due to the negligence, i ntentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be d'iminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. SKCDPH-Agency BP: -7 of 14 C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or n on -,,pe rforma n ce of its obligations under this Contract I n the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce th e prov*ision s of this arflicl e, a I I such fees, expenses, and costs shall be recoverable from the Contractor. D. The Country shall defend, indemnify, and hold Harmless tie Contractor, its officers, employees, and agents from any and all casts, claims, judgments, and/or awards of damages, arise out of, or in any way result from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance o r n on- per#orrnance of its obligations under this Contract. I n the event the Contractor incurs any judgment, award, and/or cost arising therefrom incl uding attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. F. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, a ban d o n m e nt or termination of this Agreement. XII, Insurance Requirements A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims forinjuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor o r subcontractor. The Contra ctor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract.' B. Minimum Scope and Limits of Insurance By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks That may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if A deems appropriate and/or prudent, maintain greater limits and/or broader coverage,, Coverage shall be at least as broad as: 1. Commerca, ial General Liability: Insurance Services Office form number (CG 00 01 current edition orits equivalent) covering COMMERCIAL GENERAL LIABILITY. Minimum Limit: 1,000,000 combined single limit per occurrence by bodillyinjury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Professional Liability: Professional Liability, Errors, and Omissions coverage.. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. Minimum Limit: 1 000 000 per claim and in the aggregate. 3. Automobile Liability: SKCDPH.q,Agency BP -.FB of 14 In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Contractor personnel in Contractor -owned vehicles or non --,owned vehicles, the Contractor shall provide evidence of the appropriate automobile coverage. I nsurance S eryices Office form number (CA OD 01 current edition or its eq uivalent) covering ,BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 75 8, or 3. Minimum Limit: 1,000,,000 combined single limit per accident for bodily injury and dI property damage. _ 4. Workers' Compensation: Workers' COMpensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law,, Minimum Limit: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability. Coverage shalt be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in stales with monopolistic state funds, the protection provided by the "Stop Gap"' endorsement to the genera! liability policy. Minimum Limit: 1 000 000 C. Deductibles and SelfIIIIIIIIIIIIIIIIInsured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. D. Otter Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain,, the following provisions: 0 NIP 1. Liability Policies (Except Workers Compensation and Professional/Errors and Omissions) a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on 11IF behalf of the Contractor in connection with this Contract,, (CG 201a 11/85 or its eq u ival e nt) b. The Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or selfiiii, maintained by the County, its offices, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way., C, The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. Al] Policies a. Coverage shall not be suspended, voided, canceled, reduced in coverage orin limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County,, b. Each insurance policy shall be wntten on an "occurrence" form; except that insurance on a "claims made"' farm may be acceptable with prior County approval. SKCDPH Agency BP*9 of 14 If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy re n ewals o r the purchase of an extended discovery period, ff such extended coverage is available, for not fess than three (3) years from the date of Contract termination, and/or conversion from a "claims made" form to an `occurrence" coverage form. E. Acceptabil.ity-of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A.: Vill, or if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size V111, Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+Vll. Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. F. Verification of Coverage The Contractor shall furn ish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by thatinsurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of al I required insurance policies at any tune. G -, Municipal or State Contractor Provisions If the Contractor 9s a Municipal Corporation or a Contractor of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and bei"ncorporated by reference and shall constitute compliance with this Section. H. Insurance for Subcontractors I f the Co nt ra ctor subcontracts any portion of this Contract pursuant to Section XIII, the C ontra cto r shall include all subcontractors as insureds underits policies or shall require separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with theinsurance requirements of this Contract shall q' be subject to all of the requirements stated herein. I. All Coverages and Reauirements Nothing contained Wthin these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s), Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. XIII. Assignment/Subcontracting A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County,, Said consent must b e sought i n writing by the Contra ctor not less than fifte e n {15} days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based an this Contract, provided that the term "subcontract' does not SKCDPH-Agency BPF.10 of 14 include the purchase of (1) support services not related to the subject matter of this Contract, or (2) Supplies,, C. The Contractor shall include Sections 11I.D., IV, V, VI, VII, V1113 X11 XII, XIV, XV, XXI, and XXV, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all casts, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with orin support of this Contract. Subcontractor expressly agrees and understands that King County is a third porky beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV. Nondiscrimination The Contractor shall comply with all applicable federal, stale and local laws regarding discrimination. XV. Nondiscrimination in Subcontracting Practices A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (MNVBE) utilization requirements shall apply 4o this Contract, No minimum level of MNVE3 E subcontractor part icipation or purchase from MA/VB E cert ified vendors is required and n o preference will be given by the County to a bidder or proposer for their MIWBE utilization or MANBE status. The completion of County MNVBE forms which may be included in the Contract documents is not required. Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply,, B. During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities for MNVBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor small not discriminate agadnst any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any disability in an otherwise qualified disabled person. C. The Contractor shall maintain, until at least 12 months after completion of all work under this Contract, records and information necessary to document its levet of utilization of MA/VBEs and other businesses as subcontractors and suppliers in this Contract and in its overall public and private business activities. The Contractor shall also maintain, until 12 months after completion of all work under this Contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. The Contractor shall make such documents available to the County forinspection and copying upon request., If this Contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract documents. D. King County encourages the Contractor to utilize small businesses, including Minority-owned and Women -owned Business Enterprises ("MANBEs") in County contracts. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified MNVBEs, Contact OMWBE office at (36Q) 753-9693 or on-line through the web s ite at www.wsdot.wa.gov/ornwbe/. E. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract far which the Contractor may be subject to damages and sanctions provided for by Contract and by applicable law. SKCDPH-Agency BPIA 1 of 14 XVI. Conflict of Interest A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section li and subject the Contractor to the remedies stated therein, o r otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3.04.p60, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county offici a I o r employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county act ion in which the former county employee participated during county employment. Contractor steal! identify at the time of offer current or former County employees involved i n th e preparation of proposals o r the anticipated performance of Work if award�d the Contract. Failure to identify current or former County employees involved in thi s transaction may re s U It i n the County's denying o r terminating this C on tract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract.. XVII. Eauipment Purchase, Maintenance,, and Ownershi A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipmentis reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. Q. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment,, GP The Contractor shall ensure that all such equipment will b e returned to the County o r federal/state government upon terminafion of this Contract unless otherwise agreed upon by the parties. D. The County will provide property tags so Contractor can mark properly. The Contractor shall admit County staff to the Contractor's premises for the purpose of confirming property has been marked with County property fags. The Contractor shall establish and maintain inventory records and N. transaction documents (purchase requisitions, packing slips, invoices, receipt s) of equipment purchased with Contract funds. XVI 11, Proprietary. Rig.hts The parties to this Contract hereby mutually agree that if any patentable or copyrightable material o r article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable materia! or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and cines hereby grant to the other party, irrevocable, nonexclusive, and royalty -free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to exist ing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. S KC DPH, -,Agency BP &E 12 of 14 The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XIX. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XX. King County Recycled Product Procurement Policy In accordance w ith 111111�(ing County C ade 11111). 16, the Contractor shall use recycled paper for the production of all printed and photocopoled documents related to the fulfillment of this Contract. In addition, the Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXL Future Support The Country makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth i n this Contract. 4 XXIL Entire ContractfWai"ver of Default 0 The parties agree that this Contractis the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded.. Both parties recognize 91 that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default.. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract., XX I 11, Contract Amendments Either party may request changes to this Contract,, Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XX IV, Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be it"n wring and directed to the chief executive office at the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must fake some action shall be computed from the date that the notice i - s received by said party. XXV, Services Provided in Accordance with Law and Rule andLRe. ulation The Contractor and any subcontractor agree to abide by the taws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. I n the event that there i s a conflict between any of the language contained i n any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary., SKCDPH-Agency BP:13 of 14 XXV1,Applicable Law This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for Kang County, Washington. IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract, City of Auburn Parks, Art and KING COUNTY Recreation Department FOR King County Executive Date Approved as to Form: OFF I C E OF THE KING COUNTY PROSECUTING ATTORNEY PHSKC Contract # D39943D Olympi - c Leadership Academy r� Signature NAME (Please type or print) Date SKCDPH-Agency BP,14 of 14 SC APAR CONTRACT # D39943D EXHIBIT A-1 EXHIBIT A PROJECT STATEMENT OF WORK, DESCRIPTION & REQUIREMENTS Safe Communities Olympic Leadership Academy City of Auburn Parks, Art and Recreation Department Contract Period 1!1 11 0 — 1 2131 11 0 F. STATEMENT OF WORK The Agency shall provide a youth leadership project in accordance with the terms and conditions described herewith., The total amount of reimbursement pursuant to this Exhibit shall not exceed $50, 004 for the period of January 1, 2010 through December 31, 2090. .%. II. PROGRAM DESCRIPTION Safe Community programs are community collaborations based on proven and best practice programs designed to prevent recidivism or entry into thej"uven'ile justice system. Services are multi -faceted and targeted to meet the specific needs of individual youth, and are designed to build on the assets and strengths of youth to maxim ize their social and academic success in the transition from adolescence to early adulthood. A. GOAL The goal of Safe Communities programs is to mobilize all elements of the community to work together for community safety and for opportunities for youth. IF The program will assist communities in providing positive options and role models for youth and en reducing youth crime, violence and involvement in the Juvenile Justice System. �ilijri�Li]ul Youth participating in the Olympic Leadership Academy (OLA) will experience the following outcomes01 : 1. At least 75% of youth parti*c*ipati - ng in the project will experience reduced rates of recidivism and/or avoid contact w'i'th the juvenile justice system. 2. At least 75% of youth participating in the project w'111 decrease their risk-taking behavior 3. At least 70% of regular project participants will increase their partici pation in school and extra -curricular activities 4,, At least 45% of regular project partic*ipantsm w1*11 meet or surpass Stake standards set for the students grade level 1wn both reading and mathemat'i'cs 5. At least 25% of project participants' parents will participate in the OLA program activities and/or school act'ivit'ies and events. 6. At least 50°/a of regular project part'ic'ipants will incur fewer disciplinary actions at school. SC AFAR UONTRACT # D399430 EXHIBIT A-,2 OUTCOME LINKAGE TO COMMUNITIES COUNT 2008 REPORT For the contract period of January 1, 2010 through December 31, 2410 the Agency shall demonstrate a linkage between service outcomes listed above, and at least two of the 3$ social and health indicators listed in the Communities Count 2008 Report. Such linkage is sought to connect contracted Agency outcomes to a clear, common, and measurable set of community -defined social and health i ndicators. The Agency's contracted service outcomes shall impact the following Communities Count 2008 Social and Health Indicators as listed below: 1. Academic Achievement Youth part'i'c'i'pating in the project Will academic ach'ievement, The agency attendance records as part of their data increase their school attendance and w'111 collect and monitor grades and collection process., 2. Parent/Guard'ian Involvement in Childs Learning Parents of pr0jeck participants wifE increase their involvementin their child's learning through increased involvementin school and OLA activities. Data will be tracked through parent attendance at school and OLA activities. OUTPUTS 1. 25 "at -risk" middle school youth receive 1 hour of academic skills building, 4 days a week. 2. 25 "at -risk" middle school youth receive 1 hour of youth develop ent actqi'vities, 4 days a week. 3. Parents of children enrolled in the OLA w'1'11 have access to volunteer opportunities within the OLA including tutoring, leading act'iv'ities and preparat'i'on of culturally relevant snacks., 4. Parents will have access to the proectjfamily advocate for referrals to family support services 5. Minimum Service Leve{ This Program shall serve a minimum of 25 youth each month for the months of January -June and October -December. Thais is an unduplicated count. For the months of July, August and September project staff shall be engaged 'in planning and evaluation acti'v'ities, During this time no youth w'111 be served. E. ACTIVITIES 1. Academ'i'c skills-building that reinforces whale is learned in the class and utilizes curriculum adapted by the Auburn School District. SC APAR CONTRACT # D39943D EXHIBIT A.,,3 2. Youth development activities that focus on socialization skills, youth development and cultural enrichment along with observances and celebrations of cultural customs, historical events, music and holidays. 3. Conduct pre,,, and post-tests of participant knowledge and behavior. 4. Coordination with parents of volunteer opportunities w'ithi'n the OLA. 5. Referrals of OLA Parents to collateral contacts in the community for family support services including food and clothing, ESL classes, parenting education and assistance, and peer support groups. 6. Maintain partnerships with other community-based organizations for referrals and service coordination. 7. Gather outcome evaluation data on project participants. F. RESOURCES 1, Project Staff 0 .25 FT Project Director ■ .6 FTE Fam'i'ly Advocate ■ 3 .1 FTE Para Educators ■ 3 .1 ATE Recreational Aids 2,, Partners ■ Auburn School District ■ Olympic Middle School ■ Centro De Amistad Latino 3. Funding r King County Children and Family Commission ■ Auburn School District ■ City of Auburn 2 1't Century Schools 4. Matching Funds Requirement At a minimum the Agency shall secure a 35% match for the total cost of the program. This match shall be from a funding source outside of King County funders. Fa'i'lure to comply with this requirement will result in termination of the contract. In-kind contributions are not considered a cash match unless negotiated with the County. Ill. COMPENSATION AND METHOD OF PAYMENT The Agency shall be reimbursed monthly for 1112 of the total amount specified in Section 1. 0. I. Work Statement, of this Exhibit for the contract period subject to the following conditions: A. If the Agency provides at least 90% of the required monthly M inimum Service Level specified in Sect4ion 11.D.5, the County shall reimburse the Agency 100°/a of the rout'i'ne monthly reimbursement amount spec'i'fies above. B. If for any given month the Agency provides less than 90% of the required monthly performance standard specified above, the County w'111 pay the routine monthly reimbursement amount less the % below 90%. SC APAR CONTRACT # ED399430 EXHIBIT A-4 C. At the end of each calendar quarter, if the Agency meets or exceeds 90% of the required contract cumulative service level, the County shall reimburse the Agency the maximum allowable Year to Date reimbursement for that quarter,, IV. REPORTING, MONITORING, EVALUATION AND CULTURAL COMPETENCY REQUIREMENTS The Agency will maintain and make available to the County documentation demonstrating accomplishments of all contractual requirements. Such documentation may include, but is not limited to the following: (1) service s/tra 11Fn i ngs/a cti'vqitqies provided, (2) date of services/trainbings/acti4v'iptioes, (3) # of hours, (4) names of participants, (5) evaluat'i'on of services by participants, (6) service logs, and (7) announcements. A. Monthly Reports The Agency shall send monthly invoices (Exhibit B) within 10 working days after the end of each calendar month. In the event the agency does not meet the monthly report ing requirements or the reports are not accurate and/or complete, the following process w'111 be observed in the event that the County withholds reimbursement pursuant to this provision: 1. The County will notify the Agency within 10 working days upon receipt of the monthly reporting requirements verbally and in writing of the errors and/or omissions in reporting and of the specif'c corrective action the Agency must take. The County will return the reports to the Agency for correction. 2. The County may withhold reimbursement due to the Agency for the month for which the reporting requirements have not been met,. 3. When the Agency has taken the required corrective action, the County shall pay all withheld funds according to the County's routine schedule. B. Mid -Year Report 41 1 The Mid -Year Report shall be included with the June, 2010 monthly report. The Report shall address the following: 1,P Monthly Invoice 2. . Narrat*ive report addressing the extent to Outcome Linkage to Communities Count (Section II) are being achieved to date. which the Goals, Outcomes, 2008, Outputs, and Activities sc APAR CONTRACT # D399430 EXHIBIT A-5 C -, Fina! Program Report The Agency shall submit a Final Program Report which will be included with the final (December, 2010) invoice. The Final Program Report shall include the following information: 1. Monthly Invoice 24. Narrative report addressing the extent to which the Goals, Outcomes, Outcome Linkage to Communities Count 2008, Outputs, and Activities (Section II) are being achieved to date.. D. Monitoring Requirements The Agency shall cooperate with a scheduled site visit conducted to determine contract compliance and program assessment. Additional site v'ls'lts for follow-up or verification of reports maybe made. E. Evaluation The Agency shall cooperate with the County or designee, in designing and conducting an evaluation of the program. The Agency shall cooperate with the County or designee in an evaluation assessment for the program during 2010. F. Cultural Competency Agency staff shall participate w'i'th the County or designee in the development and implementatian of cultural competency gui'deli'nes. � VC APAR CONTRACT # D399430 Exhibit B I nvoice Safe Communit'ies Olympic Leadership Academy City of Auburn Parks, Art and Recreation Department 9109 th Street SE Auburn, WA 98002 Contract Period 1 11 19 D- 12/31 110 TO: Seattle-K'ing County Department of Public Health King County Children and Family Commission Attn: Jim Ott 401 5 t" Avenue, Suite 1300 Seattle, WA 98104 In performance of a s'i'gned contract, I certify the following services have been provided for the period through and request reimbursement for the amount indicated below,, Printed Name Signature Date Expenditure Item Program Current Accumulated Balance Budged Expenditure ExPenditure Olympic Leadership $501000,POO Academv Total $5Q,000.00 FOR HEALTH DEPARTMENT USE ONLY Suffix Current Expense to be Year to Date Project Expense Acct Budget Paid Paid A 8015/H00140 53180 $50,000.00 Ap proved: Children and Family Commission Program Manager Dake SC AFAR CONTRACT # D39943D EXHIBIT A-1 :*V 2 -1kcal A4 0 11 Ima PROJECT STATEMENT OF WORK, DESCRIPTION, & REQUIREMENTS Safe Communities Olympic Leadership Academy City of Auburn Parks, Art and Recreation Department Contract Period 1!1 110 - 12131 110 1. STATEMENT OF WORK The Agency shall provide a youth leadership project in accordance with the terms and conditions described herewith. The total amount of reimbursement pursuant to this Exhibit shall not exceed $50, 004 for the period of January 1, 2010 through December 31, 201 0. I[., PROGRAM DESCRIPTION Safe Community programs are community collaborations based on proven and best practice programs designed to prevent recidivism or entry into the juvenile justice system. Services are multi -faceted and targeted to meet the specific needs of individual youth, and are designed to- build on the assets and strengths of youth to maxir-nize their social and academic succss in the transition from adolescence to early adulthood. A. GOAL The goal of Safe Communities programs is to mob'il'ize all elements of the community to work together for community safety and for opportunities for youth. The program will assist communities in providing positive options and role models for youth and in reducing youth crime, violence and involvement in the Juvenile Justice System. 6,P OUTCOMES Youth participating in the Olympic Leadership Academy (OLA) will experience the following outcomes,. 1. At least 75 °/a of youth participating in the project will experience reduced rates of recidivism and/or avoid contact with the juvenile justice system,, 2. At least 75% of youth participating in the project will decrease their risk -leaking behav'i'or 3. At least 70% of regular project participants will increasE their participation in school and extra -curricular activities 4. At least 45% of regular project participants will meet or surpass State standards set for the students grade level in both reading and mathemat'i'cs 5. At least 25°/a of project participants' parents w'111 participate in the OLA program activities and/or school activities and events.. 6. At least 50% of regular project participants will incur fewer disciplinary actions at school., SC APAR CONTRACT # D39943D EXHIBIT A-2 C. OUTCOME LINKAGE TO COMMUNITIES COUNT 2008 REPORT For the contract period of January 1, 2010 through December 31, 2010 the Agency shall demonstrate a linkage between service outcomes listed above, and at least two of the 38 social and health indicators listed in the Communities Count 2008 Report. Such linkage is sought to connect contracted Agency outcomes to a clear, common, and measurable set of community -defined social and health i ndicators. The Agency's contracted service outcomes shall impact the following Communities Count 2008 Social and Health Indicators as listed below" �. Academic Achievement Youth participating in the project will increase their school attendance and academic achievement. The agency will collect and monitor grades and attendance records as park of their data collection process. 2. Parent/Guard'ian Involvement in Childs .earning Parents of project participants will increase the'1'r involvement in their child's learning through increased involvement in school and OLA activities. Data will be tracked through parent attendance at school and OLA activities. D. OUTPUTS 0. 1. 25 "at -risk" middle school youth receive 1 hour of academic skills building, 4 days a week. 2,. 25 "at -risk" middle school youth receive 1 hour of youth development activities, Q days a week. 3.p Parents of children enrolled in the OSA w'111 have access to volunteer opportunities within the OLA including tutoring, leading activ't"es and preparatqi'on of culturally relevant snacks., 4. Parents will have access to the pr'oj'ect family advocate for referrals to family IF support services 5. Minimum Service Level This Program shall serve a minimum of 25 youth each month for the months of January -June and October -December. This is an unduplicated count. For the months of July, August and September project staff shall be engaged in planning and evaluation act'iv'it'tes- During this time no youth will be served. E. ACTIVITIES 1. Academ'c skills -building that reinforces what is learned in the class and ut'il'izes curriculum adopted by the Auburn School District. SC AFAR CONTRACT # p399430 EXHIBIT A.,3 2. Youth development activities that focus on socialization skills, youth development and cultural enrichment along with observances and celebrations of cultural customs, historical events, mus'i'c and holidays. 3. Conduct pre- and past -tests of participant knowledge and behavior. 4. Coordination with parentis of volunteer opportunities within the OLA. 5. Referrals of OLA Parents to collateral contacts J"n the community for family support services including food and clothing, ESL classes., parenting education and assistance, and peer support groups. 6. Maintain partnerships with other community-based organizations for referrals and service coordination. 7. Gather outcome evaluation data on project participants. F. RESOURCES 1. Project Staff ■ .25 FT Project Director ■ .6 FTE Family Advocate ■ 3 .1 FTE Para Educators ■ 3.1 FTE Recreational Aids 2. Partners ■ Auburn School District ■ Olympic Middle School Centro De Ami'stad Latino 3, Funding King County Children and Family Commission ■ Auburn School District ■ City of Auburn ■ 21S' Century Schools 4. Matching Funds Requirement At a minimum the Agency shall se program. This match shall be fron funders. Failure to comply with this contract. In-kind contributions ai negotiated with the County. pure a 35% match for the total cost of the a funding source outside of King County requirement will result in termination of the ::t not considered a cash match unless 111, COMPENSATION AND METHOD OF PAYMENT The Agency shall be reimbursed monthly for 1112 of the total amount specified in Section I. Work Statement, of this exhibit for the contract period subject to the following conditions: A. If the Agency provides at least 90°/a of the required monthly Minimum Service Level specified in Section 11,D,5, the County shall reimburse the Agency 100% of the routine monthly reimbursement amount specifies above., B. If for any given month the Agency provides less than 90% of the required monthly performance standard specified above, the County will pay the routine monthly reimbursement amount less the % below 90°/Q. SC • APAI2 CONTRACT # D39943D EXHIBIT A -A C. At the end of each calendar quarter, if the Agency meets or exceeds 90% of the required contract cumulative service level, the County shall reimburse the Agency the maximum allowable Year to Date reimbursement for that quarter. IV. REPORTING, MONITORING, EVALUATION AND CULTURAL COMPETENCY REQUIREMENTS The Agency will maintain and make available to the County documentation demonstrating accomplishments of all contractual requirements. Such documentation may include, but is not limited to the following: (1) serv'ices/train'ings/act'ivit'ies provided, (2) date of servoices/trainingslactoivit4ies, (3) # of hours, (4) names of participants, (5) evaluation of services by participants, (6) service logs, and (7) announcements. A. Monthly Reports The Agency shall send monthly invoices (Exhibit B) within 10 working days after the end of each calendar month. In the event the agency does not meet the monthly reporting requirements or the reports are not accurate and/or complete, the following process will be observed in the event that the County withholds re'Imbursement pursuant to this provision: 1. The County will notify the Agency within 10 working days upon receipt of the monthly reporting requirements verbally and in writing of the errors and/or omissions in reporting and of the specific corrective action the Agency must take. The County w'1'11 return the reports to the Agency for correction. 2. The County may withhold reimbursement due to the Agency for the month for which the reporting requirements have not been met. 3. When the Agency has taken the required corrective action, the County shall pay all withheld funds according to the County's routine schedule. B. Mid -Year Report The Mid -Year Report shall be included with the June, 2010 monthly report. The Report shall address the following: 1. Monthly Invoice 2. Narrative report addressing the extent to Outco e Linkage to Communities Count (Sect'i'on II) are being achieved to date. which the Goals, Outcomes, 2008, Outputs, and Activities SC APAR CONTRACT # D39943D EXHIBIT A-6 C. Fina! Program Report The Agency shall submit a Final Program Report which Will be included with the final (December, 2010) invoice. The F'Inal Program Report shall include the follow'i'ng information: 1. Monthly Invoice 0 0 2. Narrative report addressing the extent to which the Goats, Outcomes, Outcome Linkage to Communities Count 20Q8, Outputs, and ActIv'I'ties (Section II) are being achieved to date,, D. Monitoring Requirements IF The Agency shall cooperate with a scheduled S i#e visit conducted to determine contract compliance and program assessment. Additional site vi'si'ts for follow-up 'F or verification of reports may be made. E. Evaluation The Agency shalt cooperate w'i'th the County or designee, in designing and conducting an evaluation of the program. The Agency shall cooperate with the Co u n ty or designee i n an evaluation assessment for the program during 2 010. F , Cultural Competency Agency staff shall participate with the County or designee in the development and implementation of cultural competency guidel'ines.- SC APAR CONTRACT # D399430 Exhibit B Invo'i'ce Safe Communities Olympic Leadership Academy City of Auburn Parks, Art and Recreation Department 9109 th Street S E Auburn, WA 98002 Contract Period 1/1/10,,12/31/10 TO: Seattle -King County Department of Public Health K'i'ng County Children and family Commission Attn: Jim Ott 401 5th Avenue, Su'i'te 1300 Seattle, WA 98104 In performance of a signed contract, I certify the following services have been provided for the period through and request reimbursement for the amount indicated below. Printed Name Signature Date E xpenditure Item Program Current Accumulated Balance Budget Expenditure Expenditure olympic Leadership $50,000400 Academy Total $50 ,000.00 FOR HEALTH DEPARTMENT USE ONLY Current Expense to be Suffix Project Expense Acct � Budget � Paid A I 8015/HD0140 1 53180 1 $50,p00.00 Approved: Children and Family Commission Program Manager Date Year to Date Paid