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HUMAN SERVICES AGREEMENT
CAG-_____
THIS HUMAN SERVICES AGREEMENT, dated ______________, is by and between the City of
Renton (the “City”), a Washington municipal corporation, and Sound Generations (“Agency”),
The City and the Agency are referred to collectively in this Agreement as the “Parties.” Once fully
executed by the Parties, this Agreement is effective as of the last date signed by both parties.
RECITALS
WHEREAS the City has entered into a Memorandum of Understanding for the planning, funding,
and implementation of joint human service contracts; and
WHEREAS the City of Renton, along with the cities of Auburn, Burien, Covington, Des Moines,
Federal Way, SeaTac and Tukwila wish to make the most efficient use of their resources by
cooperating to provide joint application and funding for human services; and
WHEREAS it is the City’s responsibility to enter into an agreement with Agency on behalf of the
cities which are party to said Memorandum of Understanding; and
WHEREAS the programs provided by the Agency are for the general community’s benefit and are
designed for the well-being of children, individuals, and families in the City of Renton;
NOW, THEREFORE, in consideration of the recitals, which are incorporated by reference, and the
following mutual promises and covenants contained in this Agreement, the Parties mutually
agreed as follows:
1. Scope of Services: Agency agrees to provide the services as specified in Exhibit A, which
is attached and incorporated herein and may hereinafter be referred to as the “Services.”
The Services shall be performed in a manner consistent with the accepted practices for
other similar services, completed to Renton’s satisfaction within the time prescribed by
Renton, and pursuant to the direction of the Human Services Manager (“HSM”) or
designee. In the case of multiple projects, each project shall correspond to a separate
Scope of Work.
2. Term: The term of this Agreement shall be for a period of two (2) years commencing on
January 1, 2019, and terminating on December 31, 2020 (“Term”). Funding for the second
year of the contract is contingent upon the availability of funds to be allocated through
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Renton’s budget process and the Agency’s satisfactory contract performance during the
first year of the contract term.
3. Termination: Prior to the expiration of the Term, this Agreement may be terminated or
suspended immediately, with or without cause by Renton. The Agency may cancel this
Agreement only upon thirty (30) business days’ prior written notice to Renton. In the
event Renton terminates or suspends this Agreement, the Agency will be entitled to
receive compensation for any approved Services rendered prior to the termination or
suspension of this Agreement. The HSM’s determination of compensation shall be
binding and conclusive.
4. Compensation:
A. Total Compensation. In exchange for the Agency’s performance of the services
detailed in the Scope of Service, Renton shall reimburse the Agency in an amount
not to exceed the amount specified in the Scope of Service.
B. Criteria for Compensation. Renton will use a variety of measures as indicators of
satisfactory contract performance. The Agency will be expected to meet at least
90% of the performance goals (outputs) as defined in Exhibit A. If the Agency does
not meet the 90% of performance goals, the compensation will be reduced by the
corresponding number of percentage points below the 90% level. At the 90% or
above level, the Agency will be reimbursed at 100%. The method for calculating
contract performance is specified below in subsection 4c.
i. Any exception to the criteria or method must be negotiated with
Renton.
ii. Renton may note exceptions where circumstances beyond the Agency’s
control impacts the Agency’s ability to meet its performance goals and
the Agency has shown reasonable effort to overcome those
circumstances to meet their goals.
iii. The HSM has the discretion to find exceptions when appropriate.
C. Method of Calculation. The performance measure “percentage of unduplicated
clients served” will comprise 50% of the formula used to determine reimbursement.
Other performance measures will be aggregated and will be the remaining 50%
performance measure used to determine reimbursement. If an Agency exceeds any
of its performance measure goals, the level of reimbursement will remain the same.
If the number of units of service provided exceeds the goal for that particular
measure, the actual number of units provided shall be adjusted to equal that goal.
The total reimbursement shall be based on cumulative data presented by the
Agency in the final reimbursement request and accompanying reports.
D. Method of Payment. Agency will submit an invoice to Renton as specified in the
Scope of Service. No invoice shall exceed one quarter of the total budgeted amount
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by more than 10% without prior written authorization by Renton. Failure to deliver
the invoice and reports in a timely manner may jeopardize the payment of funds for
that period. Payment will be made no later than forty-five (45) calendar days after
receipt of invoice and approval of reports.
i. If Renton objects to all or any portion of the invoice, it shall notify the
Agency and reserves the option to pay only that portion of the invoice
not in dispute.
ii. In that event, the Parties will immediately make every effort to settle
the disputed portion
5. 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
Renton’s general right of inspection to secure satisfactory 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. 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 a specified in
Paragraph 4 (B), “Criteria for Compensation”.
6. 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 six years 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.
7. Project Files: The Agency shall maintain files for this project containing the following
items:
A. Notice of Grant Award.
B. Motions, resolutions, or minutes documenting Board or Council actions.
C. A copy of this Agreement and Exhibit A, and Scope of Service correspondence
regarding budget revision requests.
D. Copies of all project invoice, reports and documentation submitted to Renton.
8. Reporting Requirements: No payment will be made to the Agency until all reports
requested by Renton are fully completed and executed by the Agency and approved by
Renton. The Agency shall submit the reports specified in the Scope of Services each
quarter no later than fifteen (15) calendar days following the end of each quarter, unless
otherwise specified in the Scope of Service.
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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’s
own expense, seek judicial protection. Agency shall indemnify, defend, and hold harmless
the City for all costs, including attorneys’ fees, attendant to any claim or litigation related
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.
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 Service or 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.
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, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
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
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of this Agreement by Agency, except for that portion of the claims caused by the City’s
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
estate…) 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, Agency’s liability
shall be only to the extent of Agency’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Agency’s waiver of immunity under the Industrial Insurance 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: The City’s Code of Ethics and Washington State law prohibit City
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
with the City’s 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’s performance of the Services.
13. City of Renton Business License: The 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/cms/one.aspx?pageId=9824882. Information regarding
State business licensing requirements can be found at: http://bls.dor.wa.gov/
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
Service provided by a licensed professional or Services that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
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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’s vehicles on the City’s Premises by or
on behalf of the City, beyond normal commutes.
E. Agency shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies
shall not be 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 the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Services.
G. Agency shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
15. 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.
16. 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, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. 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:
Dianne Utecht
1055 South Grady Way, Sixth Floor
Renton, WA 98057
Phone: (425) 430-6655
Dutecht@rentonwa.gov
Agency:
Adam Porter
2208 Second Avenue, Suite 100
Seattle, WA 98121
Phone: (206) 727-6242
adamp@soundgenerations.org
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Agency agrees as follows:
A. Agency, and Agency’s agents, employees, representatives, and volunteers with
regard 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
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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 fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Agency is 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.
18. 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.
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 Agency employs, 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 is responsible for his / her own Worker’s Compensation coverage as well as
that for any persons employed by the Agency.
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19. 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. The City’s project manager is Dianne
Utecht. In providing Services, Agency shall coordinate with the City’s contract
manager or his/her designee.
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 an 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’s employees shall perform the Services in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
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.
H. Severability. A court of competent jurisdiction’s determination that any provision
or 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
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forth in the description of the Services is essential to the Agency’s performance of
this 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. All waivers shall be in writing and signed by the waiving party. Either
party’s failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either the City or Agency from 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.
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:____________________________
Denis Law
Mayor
Jim Wigfall
Executive Director
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
_____________________________
Date
Approved as to Legal Form
By Renton City Attorney’s Office
By:_____________________________
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Leslie Clark
Senior Assistant City Attorney
_____________________________
Date
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Exhibit A
Scope and Schedule of Work
2019-2020 Program Services Agreement
Agency: Sound Generations 2019
Funding:
$71,656
Program: Meals on Wheels 2020
Funding:
$71,656
This funding
will provide:
Delivery of frozen, nutritious meals to
homebound seniors living in the Cities of
Auburn, Burien, Covington, Des Moines,
Federal Way, Renton, SeaTac and Tukwila.
Total:
$143,312
Effective
Date
Year 1: January 1, 2019–December 31, 2019
Year 2: January 1, 2020–December 31, 2020
The Agency shall provide the approximate number of City 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.
QUARTER
City of Auburn Performance Measures
1st 2nd 3rd 4th Annual
Total
1. Number of unduplicated Auburn Clients 2 2 1 1 6
2. Number of Home Delivered Meals 513 512 512 512 2049
QUARTER
City of Burien Performance Measures
1st 2nd 3rd 4th Annual
Total
1. Number of unduplicated Burien Clients 1 1 1 1 4
2. Number of Home Delivered Meals 348 348 348 348 1392
QUARTER
City of Covington Performance Measures
1st 2nd 3rd 4th Annual
Total
1.Number of unduplicated Covington Clients 2 1 01 0 3
2. Number of Home Delivered Meals 129 129 129 128 515
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QUARTER
City of Des Moines Performance Measures
1st 2nd 3rd 4th Annual
Total
1. Number of unduplicated Des Moines Clients 1 1 0 0 2
2. Number of Home Delivered Meals 155 155 156 156 622
QUARTER
City of Federal Way Performance Measures
1st 2nd 3rd 4th Annual
Total
1. Number of unduplicated Federal Way Clients 4 3 1 1 9
2. Number of Home Delivered Meals 759 759 759 759 3036
QUARTER
City of Renton Performance Measures
1st 2nd 3rd 4th Annual
Total
1. Number of unduplicated Renton Clients 3 2 2 1 8
2. Number of Home Delivered Meals 617 617 616 616 2466
QUARTER
City of SeaTac Performance Measures
1st 2nd 3rd 4th Annual
Total
1. Number of unduplicated SeaTac Clients 2 1 1 1 6
2. Number of Home Delivered Meals 470 469 469 469 1877
QUARTER
City of Tukwila Performance Measures
1st 2nd 3rd 4th Annual
Total
1. Number of unduplicated Tukwila Clients 2 1 1 1 5
2. Number of Home Delivered Meals 422 422 422 422 1688
Definition of Units of Service:
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Definition of Units of Service: A service unit is one home-delivered meal provided to a
home-bound senior
Budget Food Purchase
Auburn $10,800
Burien $7,000
Covington $2,712
Des Moines $3,250
Federal Way $16,000
Renton $13,000
SeaTac $10,000
Tukwila $8,894
Total $71,656
The above Services shall be provided by December 31, 2019 for year one of the two-year
agreement and December 31, 2020 for year two of the Agreement.
I. Contract Administration
- The Agency shall notify Renton, in writing, within ten (10) calendar days of any changes in
program personnel or board membership.
- By April 15, the Agency shall provide Renton with an annual calendar showing dates and times
of operations of sites, including times and dates of closure. Hours of operation must be
consistent with the Scope of Services provided. The Agency will notify Renton in writing (e-mail
is sufficient for the purposes of this requirement) of any deviations from the calendar that are
three (3) calendar days in length or longer. Notifications shall be provided at least five (5)
business days prior to closure except in extreme emergencies, in which case notification should
be made as soon as possible.
- The Agency shall provide Renton with a current list of its Board of Directors, general or limited
partners, as applicable.
-The Agency will provide a copy of the current year’s audit when it is available, along with any
audit management or cover letters provided.
II. Demographic and Outcome Data Report
The Agency shall collect and retain demographic data requested from the persons served through
this contract. Data should be tracked in an ongoing manner and submitted annually by January 30
of the following year. Outcome data shall be submitted annually in conjunctions with the
Demographic report. Data should be collected and demonstrate the program’s progress toward
Outcomes as specified below.
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Outcomes Resulting from Service Units (max. of two outcomes statement)
Outcome 1) 90% of seniors participating in MOW will report increased ability to obtain
nutritious food.
Outcome 2) 90% of participants will improve or maintain their health.
Measurement: Surveys are done annually every summer.
QUARTERLY REPORTS DUE DATES
1st through 3rd quarter reports 1st = April 15th
2nd = July 15th
3rd = October 15th
Note: Programs not at the 90% performance
level by the end of the third quarter may be
asked to submit a preliminary performance
report with the 4th quarter reimbursement
request.
4th and final annual reimbursement First week in January. Date to be
announced.
Outcomes and demographics January 31, 2020 / January 29th, 2021
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