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HomeMy WebLinkAboutContract2025 - 2026 HUMAN SERVICES AGREEMENT Reclaiming Our Greatness THIS AGREEMENT, dated for reference purposes only as March 19, 2025, is by and between the Reclaiming Our Greatness Agency a Washington nonprofit corporation. The City and the Agency are referred to is effective as of the last date signed by both parties. Therefore, the Parties mutually agree: 1. Scope of Work: Agency agrees to provide the human services program as specified in Exhibit A, Scope of Services, which is attached and incorporated herein and may Services 2. Amendment or Changes in Scope of Work: A.By the City: The City, without invalidating this Agreement, may order changes to the Services consisting of additions, deletions or modifications. Any such changes to the Services shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. B.By the Agency: The Agency shall notify the City, in writing, within ten (10) business days of any changes in program personnel, permanent changes to location or hours of services, and/or other changes that substantially impact services to Renton residents pursuant to this contract. 3. Time of Performance:The term of this Agreement shall be for a period of two (2) years Funding for the contract is contingent upon the availability of funds to be allocated 4. Compensation: A. Amount. Total compensation to Agency for Services provided pursuant to this Agreement shall not exceed thirty thousand dollars ($30,000) plus any applicable state and local sales taxes. Compensation shall be paid based upon Services actually performed according to the rate(s) or amounts specified in Exhibit A. CAG-25-103 PAGE 2 OF 12 a. The Agency agrees that any hourly or flat rate charged by it for its Services shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. b. Except as specifically provided herein, the Agency shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. c. If performance is below 90% of the service units identified in Exhibit A to this agreement, funding may be proportionately reduced. B. Method of Payment. Agency will submit quarterly invoices to Renton as specified in the Scope of Service. No payment will be made to the Agency until all required reports are submitted to the approved portal (Share1App, hosted by City of Redmond). Payment will be made no later than forty-five (45) calendar days after receipt of invoice and approval of reports. C. Effect of Payment. Payment for any part of the Services shall not constitute a waiver by the City of any remedies it may have against the Agency for failure of the Agency to perform the Services or for any breach of this Agreement by the Agency. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination or Suspension: A. The City reserves the right to terminate or suspend work subject to this Agreement at any time, with or without cause by giving ten (10) calendar Agency in writing. B. The Agency may terminate this Agreement upon thirty (30) calendar days prior written notice to the City. C. In the event this Agreement is terminated or suspended, the Agency shall be entitled to compensation for any approved Services rendered prior to the termination or suspension of this Agreement. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Agency. No payment shall be made by the City for any expenses incurred or services done following the effective date of termination unless authorized in advance in writing by the City. PAGE 3 OF 12 6. Warranties: Agency represents and warrants that Agency will perform all Services identified in this Agreement in a professional manner and in accordance with all reasonable and professional standards and laws. 7. Monitoring: Even though the Agency is an independent contractor with the authority to control and direct the performance and details of the Services authorized under this Agreement, the Services must meet the approval of Renton and shall be subject to ory completion. Renton shall review reports to monitor compliance with the level of service required in the Scope of Service. Renton may also review program performance periodically on-site or virtually. Should the Agency fail to meet the minimum level of service represented by the Performance Measures in Exhibit A, Renton reserves the right to adjust payments as 8. Record Maintenance: The Agency shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Services provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than sixyears after the termination of this Agreement. The Agency agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 9. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Agency shall make a due diligent search of all records in its possession or control relating to this Agreement and the Services, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Agency believes said records need to be protected from disclosure, it may, at Agency own expense, seek judicial protection. Agencyshall indemnify, defend, and hold harmless to a Public Records Act request for which Agency has responsive records and for which Agency has withheld records or information contained therein, or not provided them to the City in a timely manner. Agency shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. PAGE 4 OF 12 10. Independent Contractor Relationship: A. The Agency is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Agency and the City during the period of the Services shall be that of an independent contractor, not employee. The Agency, not the City, shall have the power to control and direct the details, manner or means of Services. Specifically, but not by means of limitation, the Agency shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Servicesor where scheduling of attendance or performance is mutually arranged due to the nature of the Services. Agency shall retain the right to designate the means of performing the Services covered by this agreement, and the Agency shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Agency is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Agency or any employee of the Agency. C. If the Agency is a sole proprietorship or if this Agreement is with an individual, the Agencyagrees to notify the City and complete any required form if the Agencyretired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Agency 11. Hold Harmless: The Agency agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties, by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Agency in its performance of this Agreement or a breach of this Agreement by Agency sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real or damages to property caused by or resulting from the concurrent negligence of the Agency and the City, its officers, officials, employees and volunteers, Agency shall be only to the extent of Agency PAGE 5 OF 12 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Agency Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 12. Gifts and Conflicts: employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance Code of Ethics and state law, the Agency shall not give a gift of any kind to City employees or officials. Agency also confirms that Agency does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Agency, negotiating or administering this Agreement, or evaluating the Agency Services. 13. City of Renton Business License: Unless exempted by the Renton Municipal Code, Agency shall obtain a City of Renton Business License prior to performing any Services and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 14. Insurance: Agency shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Services delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Services provided by a licensed professional or Services that requires a professional standard of care. C. State of Washington, shall also be secured. PAGE 6 OF 12 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Agency of the City, beyond normal commutes. E. Agencyshall name the City as an Additional Insured on its commercial general liability policy on a non- a source for payment of any Agency liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Agency to remedy available at law or in equity. F. proper endorsements, shall be delivered to the City before performing the Services. G. Agencyshall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 15. Delays: Agency is not responsible for delays caused by factors beyond the Agency reasonable control. When such delays beyond the Agency reasonablecontroloccur, the City agrees the Agency is not responsible for damages, nor shall the Agency be deemed to be in default of the Agreement. 16. Successors and Assigns: Neither the City nor the Agency shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 17. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Lori Fleming Human Services Coordinator 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6655 LFleming@Rentonwa.gov AGENCY Marshaun Barber Executive Director 2601 Mill Ave S. Renton, WA 98055 Phone: (425) 577-1108 marshaun@reclaimingourgreatness.org PAGE 7 OF 12 18. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Agency agrees as follows: A. Agency, and Agency to the Services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Services or any other benefits under this Agreement, or procurement of materials or supplies. B. The Agency will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Agency -discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Agencyis responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 19. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Agency. B. Agency will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Agency shall furnish all tools and/or materials necessary to perform the Services except to the extent specifically agreed within the attached exhibits. PAGE 8 OF 12 D. In the event special training, licensing, or certification is required for Agency to provide Services he/she will acquire or maintain such at his/her own expense and, if Agencyemploys, sub-contracts, or otherwise assigns the responsibility to perform the Services, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Agency is free to provide his/her Services to other entities, so long as there is no interruption or interference with the provision of Services called for in this Agreement. F. Agency is responsible for his/her own insurance, including, but not limited to health insurance. G. Agency that for any persons employed by the Agency. 20. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Agency represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Agency. B. General Administration and Management.contract manager is Lori Fleming, Human Services Coordinator. In providing Services, Agency shall coordinate C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Agency proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Agency prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Agency and all of the Agency Services in accordance with all applicable federal, state, county and city laws, codes and ordinances. PAGE 9 OF 12 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Agency hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Agency is a foreign corporation not registered with the State of Washington. H. Severability. part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Servicesis essential to the Agency Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Agencyfrom enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. PAGE 10 OF 12 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ AGENCY By:____________________________ Maryjane Van Cleave Parks and Recreation Administrator Marshaun Barber Executive Director _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________ M. Patrice Kent Senior Assistant City Attorney 2025-2026 Human Services Template City of Renton Fundsd AGencues (MPK - 01.31.2025) Approved by Patrice Kent via email 2/4/2025 PAGE 11 OF 12 EXHIBIT A 2025-2026 Scope of Services Services Agency:Reclaiming Our Greatness 2025 Funding:$15,000 Program:Basic Needs and Legal Assistance for BIPOC Survivors of DV 2026 Funding:$15,000 Effective Date Year 1: Jan. 1, 2025 Dec. 31, 2025 Year 2: Jan. 1, 2026 Dec. 31, 2026 Total:$30,000 Renton Need Area Domestic Violence (DV) Agency Program Overview: Reclaiming Our Greatness provides cross-generational case management to meet basic needs, provide legal support, and move BIPOC families towards stability, especially survivors of domestic violence (DV). Majority of clients are female-led single parents who are survivors of DV. Office is located at 946 Industry Dr., Tukwila, WA, 98188 with services provided by phone, online, or at locations convenient for client (staff travels to clients). Performance Measures: The Agency shall provide the approximate number of City of Renton clients with the following services each year of the agreement. Services shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, ordinances rules and regulations, as are now in effect or may be amended or enacted during the course of the Agreement. Service Units (SU)Annual Totals 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Estimated Quarterly Amount $15,000 $3,750 $3,750 $3,750 $3,750 SU1 Number of Renton Households served with Case Management services. 15 4 4 4 3 Unduplicated City of Renton clients served 15 4 4 4 3 Definition of Service Units (SU): SU1: Number of Renton Households served with Case Management =Number of Renton households served with culturally-responsive case management services. Case Managers conducts a phone or in-person interview to connect with client, and then provides service coordination including assistance with utilities, rent, food, child care, applying for state/federal benefits, and more. Each household typically has 3-4 case management sessions. PAGE 12 OF 12 Unduplicated City of Renton clients served = Number of unduplicated City of Renton residents served each year, each client served to be counted once per year. The above Services shall be provided January 1 - December 31, 2025 for Year One and January 1 - December 31, 2026 for Year Two of the Agreement. Reporting Quarterly Reports: The Agency shall submit a Quarterly Report at the end of each quarter in accordance with the schedule below. The Quarterly Report shall include an invoice along with a summary of Performance Measures, in a form approved by the City. Demographic Reports: The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 31 of the following year in a form approved by the City. Outcome Report: Outcome data shall be submitted annually in conjunction with the Demographic specified below. Outcome 1. 90% of clients will have a plan for getting their basic needs met to stabilize their lives. Outcome 2: 90% of clients will have an understanding of their financial starting point so that they can make informed decisions to stabilize their lives. Data is collected by exit interviews after case management services have been provided. Reporting Due Dates: REPORT DUE DATES QUARTERLY REPORTS: 1st Quarter (January March) April 15th 2nd Quarter (April June) July 15th 3rd Quarter (July September) October 15 th 4th Quarter (October -December) and final annual reimbursement January 12th OUTCOMES AND DEMOGRAPHICS REPORTS January 31, 2026/ January 31, 2027