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HomeMy WebLinkAboutAgreement for Services COA & WA Autism Alliance & Advocacy A . 1e.11 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES This Agreement made and entered into on this 5 day of March , 20 19 ("Effective Date") by and between WASHINGTON AUTISM ALLIANCE & ADVOCACY ("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 $4,675 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-19/2044,Washington Autism Alliance&Advocacy—Family Health Insurance Navigation 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-1912044,Washington Autism Alliance&Advocacy—Family Health Insurance Navigation 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: Washington Autism Alliance & Advocacy City of Auburn Attn: Arzu Forough Community Services Division 16225 NE 87th St., Ste. A-2 25 West Main Street Redmond, WA 98052 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-19/2044, Washington Autism Alliance&Advocacy—Family Health Insurance Navigation 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: 6z ---- Signed: #11417.4/0-. — Printed: Printed: Rajakumari Chellappa Title: Program Manager Title: 9 g th _eAza of chi,ttitvN T1/4 Qt',u� PI-v...3r Date: Date: 3/5/2019 _1 3 i Address: Address: 25 West Main Street 16225 NE 87th St. Suite A-2 Redmond, WA 98052 Auburn, WA 98001 Phone: 425.894.7231 Ext 124 Phone: 253-931-3096 City of Auburn Agreement: GF-19/2044,Washington Autism Alliance&Advocacy—Family Health Insurance Navigation January 1, 2019 Page 4 of 4 GF-19/2044 CITY OF AUBURN AGREEMENT FOR HUMAN SERVICES ACTIVITIES 2019-2020 SCOPE OF SERVICES Agency/Program: Washington Autism Alliance & Family Health Insurance Navigation Advocacy Location/Mailing: Site Address: Mailing Address: 16225 NE 87'h St., Ste. A-2 same Redmond, WA 98052 Annual Funding: 2019: 2020: $4,675 $4,675 Agency Contact/Title: Rajakumari (Raji) Chellappa Phone/Email: 425-894-7231 rali(c,washingtonautism advocacy.orq City Contact/Title: Emily J. Pearson Human Services Program Coordinator Phone/Email: 253-931-3096 epearson@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: Agency shall utilize City of Auburn funds to provide Family Health Insurance Navigation services that include: improving qaps in services and connecting children and youth with Autism Spectrum Disorder and other developmental disabilities and their families to resources. Such services shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulation. Agency shall ensure that City of Auburn residents are being provided services using awarded Human Services funds under this Agreement. 2) Performance Measures: a. Number Served -the Agency agrees to serve, at minimum. the following unduplicated number of Auburn residents with awarded Human Services funds. b. Service Units -the Agency agrees to provide, at minimum, the following service units by quarter. GF-19/2044 Number Served Annual 1St Qtr. 2"d Qtr. 3rd Qtr. 4th Qtr. Goal JAN- APRIL- JULY- OCT- MARCH JUNE SEPT DEC Number of unduplicated Auburn 23 6 6 6 5 residents assisted in 2019 Number of unduplicated Auburn 23 6 6 6 5 residents assisted in 2020 Service Units Annual 1st Qtr. 2nd Qtr. 3rd Qtr. 4th Qtr. Goal JAN-MAR APR-JUN JUL-SEP OCT-DEC 1. Information & Referral offered in 34 9 9 8 8 2019 1. Information & Referral offered in 2020 34 9 9 8 8 2.Advocacy offered in 2019 2 1 1 2.Advocacy offered in 2020 2 1 1 3. Information & Referral (health insurance) offered in 2019 17 5 4 4 4 3. Information & Referral (health insurance) offered in 2020 17 5 4 4 4 Definition of Service Units: 1. Information & Referral = number of contacts made to WAAA members 2. Advocacy= number of health insurance appeal-related appointments with WAAA members 3. Information & Referral (health insurance)= number of health insurance-related contacts made to WAAA members 3) Outcome(s): Individuals and/or families will have improved access to supportive family relationships, health, and service provider support/capacity building. 4) Reporting Requirements: All data/required forms shall be submitted via Excel form (to be provided). Required forms shall be submitted quarterly and/or annually; 1St 2nd and 3'd quarterly reports are due no later than the 15t'' of the month following the end of each quarter, i.e.April 15,July 15,and October 15.4th quarter reports are GF-19/2044 due no later than the first week of January in order to comply with City end-of-year accounting procedures. City staff will communicate official January due date(s)during the first week of December. Quarterly Service Unit Report (due with each submittal): Submitted via Excel form, data from this form will be used to track each program's progress toward meeting the goals stipulated in the Scope of Services. Reimbursement Request(due with each submittal): Included as the first page of the Excel form,this form will serve as the invoicing mechanism for payment to your agency/program. Reimbursement requests must be signed and returned via email to the City of Auburn staff contact as listed in section five(5)of this Scope of Services. Annual Demographics Report(due 4h quarter): Submitted via Excel form, the agency shall collect and retain data requested on this form from persons served through this Agreement. Data should be tracked in an ongoing manner and submitted annually in SharelApp(by January 15th). Annual Outcomes Report (due 4th quarter): Submitted via Excel form, data should demonstrate the program's progress toward Outcomes specified in the Scope of Services.Outcome data shall be submitted in SharelApp annually(by January 15th) 5) Compensation: The Agency agrees that it will meet the specific funding conditions identified and acknowledges that payment to the Agency will not be made unless the funding conditions are met. Expenses must be incurred prior to submission of quarterly reimbursement requests. Quarterly reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated quarterly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end in the Service Unit Report. The Agency shall submit reimbursement requests in the format requested by the City. Reimbursement requests must be signed and returned to City of Auburn via email at epearsonaauburnwa.gov or mail to: City of Auburn Community Services Attn: Emily J. Pearson 25 West Main St. Auburn, WA 98001 Estimated Quarterly Reimbursements: 2019: $4,675 2020: $4,675 1St Qtr. $1,168.75 1st Qtr. $1,168.75 2" Qtr. $1,168.75 2nd Qtr. $1,168.75 3rd Qtr. $1,168.75 3rd Qtr. $1,168.75 4th Qtr. $1,168.75 4th Qtr. $1,168.75