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HomeMy WebLinkAboutAgreement for Services COA & YWCA Seattle, King, and Snohomish Counties A 3, 11",11 ; ) CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES I_till This Agreement made and entered into on this-1 day of lqa , 20 1 ("Effective Date") by and between YWCA SEATTLE j KING I SNOHOMISH ("AGENCY") and the CITY OF AUBURN ("CITY"). The parties agree as follows 1. SCOPE OF SERVICES. Beginning on January 1, 2019, the AGENCY agrees to perform in a good and professional manner the tasks described in Exhibit "A," the Scope of Services. The AGENCY will perform all services as an independent contractor and will not be deemed, by virtue of this Agreement and the performance of, to have entered into any partnership, joint venture, employment, or other relationship with the CITY. 2. AGENCY REPRESENTATIONS. The AGENCY represents and warrants that it has all necessary licenses and certifications to perform the services provided for in this Agreement, and is qualified to perform those services. 3. PAYMENT. The CITY will pay a fee to the AGENCY for services provided in the amount not to exceed $20,000 per year, paid in quarterly installments of equal amounts, for services delivered as described in the attached Scope of Services. This fee will be payable in a lump sum upon receipt of an invoice from the AGENCY with the documentation required in Exhibit "B." If the AGENCY fails to perform services or a unit of services as defined in the Scope of Services, the CITY may withhold payment in the amount of such undelivered services. 4. EXPENSE REIMBURSEMENT. The AGENCY will pay all "out-of-pocket" expenses, and will not be entitled to reimbursement from the CITY except for specific services, items, or activities listed in the Scope of Services as reimbursable goods or services. 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, reports, memoranda, diagrams, sketches, plans, or other materials created or otherwise prepared by the AGENCY as part of its performance of this Agreement will be owned and become the property of the CITY and may be used by the CITY for any purpose beneficial to the CITY. 6. TERM/TERMINATION. The term of this Agreement will commence on January 1, 2019, and will expire on December 31, 2020. Provided that if the Auburn City Council does not allocate sufficient funding for the 2020 calendar year, this Agreement will terminate on December 31, 2019. This Agreement may be terminated by either party upon ten (10) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. 7. NONDISCRIMINATION. The AGENCY may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. City of Auburn Agreement:GF-19/2049, YWCA Seattle I King I Snohomish—Domestic Violence Services January 1,2019 Page 1 of 4 8. INDEMNIFICATION / HOLD HARMLESS. The AGENCY shall defend, indemnify and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. If a court of competent jurisdiction determines that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the AGENCY and the CITY its officers, officials, employees, and volunteers, the AGENCY'S liability hereunder shall be only to the extent of the AGENCY'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the AGENCY's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 9. INSURANCE. The AGENCY will procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by the AGENCY, its agents. representatives, or employees. A. Minimum Scope of Insurance, the AGENCY shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises. operations, independent contractors, and personal injury and advertising injury. The City shall be named as an insured under the AGENCY's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the AGENCY profession. B. Minimum Amounts of Insurance: The AGENCY shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. City of Auburn Agreement: GF-19/2049, YWCA Seattle I King I Snohomish—Domestic Violence Services(CDVP) January 1,2019 Page 2 of 4 C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The AGENCY'S maintenance of insurance as required will not be construed to limit the liability of the AGENCY to the coverage provided by such insurance or otherwise limit the CITY's recourse to any remedy available at law or in equity. 2. The AGENCY's insurance policies are to contain, or be endorsed to contain as statement that they will be primary insurance and any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the AGENCY's insurance and shall not contribute with it. 3. The AGENCY's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage: The AGENCY shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the AGENCY before commencement of the work. 10. ASSIGNMENT. The AGENCY obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the CITY. 11. NOTICES. All notices required or permitted under this Agreement will be in writing and will be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: IF for AGENCY IF for the CITY: YWCA Seattle I King l Snohomish City of Auburn Attn: Maria Chavez Wilcox Community Services Division 1118 5'". Ave. 25 West Main Street Seattle, WA 98101 Auburn, WA 98001 Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 13. SEVERABILITY. Each provision of this Agreement is intended to be severable. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. City of Auburn Agreement: GF-19/2049,YWCA Seattle I King I Snohomish—Domestic Violence Services(CDVP) January 1, 2019 Page 3 of 4 15. APPLICABLE LAW. This Agreement and the rights of the parties will be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action will be in the county in Washington State in which the property or project is located, and if not site specific, then in King County. Washington. 16. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. The undersigned have read the above statements, understand them, and agree to abide by their terms. Agency City of Auburn Signed: l Signed: ' Printed: Printed: 'W J Maria Chavez Wilcox N�. C�e' Title: CEO Title: M 919-1/ Date: b2/1-4/ Date: Address: Address: 1118 Fifth Avenue 25 West Main Street Seattle, WA 98101 Auburn, WA 98001 Phone: 206-461-4851 Phone: 253-931-3096 APPRO DAS TO FORA%. City of Auburn Agreement GF-1912049, YWCA Seattle I King I Snohomish—Domestic Violence Services(CDVP) January 1,2019 Page 4 of 4 EXHIBIT B OF-19/2049 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES Quarterly Report Form—example only All reports must be submitted via Excel template and emailed to epearsonaauburnwa.gov upon completion. To: City of Auburn ATTN: Community Services 25 W Main St. Auburn, WA 98001-4998 Agency: YWCA Seattle I King I Snohomish 1118 5th Ave. Seattle, WA 98101 Program: Domestic Violence Services Contact,Title: Doris O'Neal Email/Phone: doneal(a.ywcaworks.orq/206-280-9961 Amount Requested: $5,000.00 2019 Quarterly Reports due by: 1st Qtr. (January—March)due: April 15, 2019 2"d Qtr. (April—June) due: July 15, 2019 3rd Qtr. (July—September) due: October 15, 2019 4th Qtr. (October—December)due: first week of January, 2020 2020 Quarterly Reports due by: 1st Qtr. (January—March) due: April 15, 2020 2nd Qtr. (April—June) due: July 15,2020 3rd Qtr. (July—September)due: October 15, 2020 4th Qtr. (October—December)due: first week of January, 2021 Attached report examples: Quarterly Service Unit Report(due with each submittal)—Page 2 Annual Demographics Report(due 4th quarter)—Page 3 Annual Outcomes Report(due 4'h quarter)—Page 4 The City of Auburn will issue payment upon this invoice within forty-five (45) business days of receipt. To ensure prompt payment, please submit all required attachments by the date listed above. FOR CITY OF AUBURN USE ONLY: Contract amount: $ Payment(s)year to date: $ Payment this invoice: $ Contract balance: $ Authorized to pay: Signature Date 1 EXHIBIT B GF-19/2049 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES Quarterly Service Unit Report form—example only Agency Information YWCA Seattle I King I Snohomish 1118 5th Ave. Seattle, WA 98101 Contact, Title- Doris O'Neal Phone: 206-280-9961 Email: doneal@ywcaworks.org Are professional services(e.g., counseling, case management) provided as part of this Agreement? Contract Information Contract Amount: $20,000 Program Name: Domestic Violence Services Description of Service(s)to be provided: Reporting Information Report for: _ 1St Qtr./Jan-Mar _2"d Qtr./Apr-Jun _3rd Qtr./Jul-Sep _4th Qtr./Oct-Dec Annual Service Units AUBURN RESIDENTS ONLY Actual Projected 1S`qtr. 2' qtr. 3rd qtr. 4'h qtr. service units Annual Units to date Unduplicated number of Auburn 40 10 10 10 10 residents served Service Unit#1 Advocacy 400 100 100 100 100 Narrative: Please submit other relevant information, including current trends, program developments, special events, publicity, community educations, etc. If actual units are lower than anticipated, please explain. 2 EXHIBIT B GF-19/2049 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES Annual Demographics Report form—example only Agency: YWCA Seattle! Kinq I Snohomish Program: Domestic Violence Services Category 1" 1 2nd 1 3" 1 4" 1 Total YTD Client Algona Residence" Auburn Black Diamond "List all Burien residents served Covington in this category. In all other Des Moines categories list Enumclaw Auburn Federal Way residents only. Kent Maple Valley Normandy Park Pacific Renton SeaTac Seattle Tukwila Unincorporated King County Other: Unknown TOTAL Client 30%of median or below Income 50%of median or below Level 80%of median or below Above 80%of median Unknown TOTAL Client Female Gender Male Client 0-4 Age 5-12 13-17 18-34 35-54 55-74 75+ Unknown TOTAL Ethnicity/ Asian/Pacific Islander Cultural Black/African American Background Hispanic/Latino Native American/Alaskan Native White/Caucasian Other Unknown TOTAL Condition Disabling Condition ESL Limited English Speaking Household Female-Headed Household 3 EXHIBIT B GF-19/2049 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES Annual Outcomes Report form—example only Agency: Program: Contact: Email/Phone: OUTCOME(What change do you expect to see?): MEASURABLE INDICATORS (How will you know change has occurred?): DATA COLLECTION METHOD(S): OUTCOME RESULTS/NARRATIVE (Highlight your data, include your interpretation of the data and attach additional information/graphics/etc. if available): 4