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2021-2022 HUMAN SERVICES AGREEMENT
CAG-_____
THIS HUMAN SERVICES AGREEMENT, dated ______________, is by and between the City of
), a Washington municipal corporation, and Solid Ground
Washington Agency . The City and the Agency are referred to collectively in this Agreement
effective as of the last date
signed by both parties.
RECITALS
WHEREAS Renton has provided General Fund budget funds to finance certain programs;
WHEREAS
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
agree as follows:
1. Scope of Services: Agency agrees to provide the services as specified in Exhibit A, which
is attached and incorporated herein and Services
The Services shall be performed in a manner consistent with the accepted practices for
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, 2021, and terminating on December 31, 2022 he second
year of the contract is contingent upon the availability of funds to be allocated through
first year of the contract term.
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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
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
binding and conclusive.
4. Compensation:
A. Total Compensation
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 4(C).
i. Any exception to the criteria or method must be negotiated with
Renton.
ii.
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
eimbursement.
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
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
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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 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 as specified in
subsection
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 invoices, reports, and other 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
own expense, seek judicial protection. Agency shall 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.
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, 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, except for that portion of the claims caused
sole negligence.
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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
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Agency
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
Agency shall not give a gift of any kind to
City employees or officials. Agency also confirms that Agency and its employees do 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 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://rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information
regarding State business licensing requirements can be found at:
https://dor.wa.gov/open-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
Service provided by a licensed professional or Services that requires a professional
standard of care.
C.
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
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-
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
recourse to any remedy available at law or in equity.
F.
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: Solid Ground Washington
Theresa Curry Almuti
1501 North 45th Street
Seattle, WA 98103
Phone: (206) 694-6841
theresac@solid-ground.org
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Agency agrees as follows:
A. Agency, and Agency
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 Agr -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
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. project manager is Dianne
Utecht. In providing Services, Agency
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 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.
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
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. Assigns and Successors. 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
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:____________________________
Kelly Beymer
Community Services Administrator
Caitlen Daniels
Chief Program Officer
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
By:_____________________________
Leslie Clark
Senior Assistant City Attorney
_____________________________
Date
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Exhibit A
Scope and Schedule of Work
2021-2022 Program Services Agreement
Agency: Solid Ground Washington 2021
Funding:
$7500
Program: Housing Stability Program 2022
Funding:
$7500
This funding
will provide:
Housing loss/eviction prevention through
rent or move-in assistance
Total:
$15,000
Effective
Date
Year 1: January 1, 2021 December 31, 2021
Year 2: January 1, 2022 December 31, 2022
Annual Program Outputs: Renton Need Area:
Unduplicated Renton
Residents
7 Homeless Services & Housing
Number of households
receiving financial aid 3
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.
Quarter Service Unit # of Units Cumulative
Total
1st Unduplicated City of Renton clients served 2 2
Number households receiving financial aid 1 1
2nd Unduplicated City of Renton clients served 2 4
Number of households receiving financial aid 1 2
3rd Unduplicated City of Renton clients served 3 7
Number households receiving financial aid 1 3
4th Unduplicated City of Renton clients served 0 7
Number households receiving financial aid 0 3
Definition of Units of Service:
Financial Aid per household will be capped at $2,500 and may be supplemented with King
County funds as appropriate.
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Budget $7500 per year
Administrative/Indirect $921
Non-Personnel-Direct Assistance to clients $6,579
The above Services shall be provided by December 31, 2021 for year one of the two-year
Agreement and December 31, 2022 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 during the period
of the Agreement must be consistent with the annual calendar 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 list should include city of residence and vacant positions.
-
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
Outcomes as specified below.
Outcomes 1. 90% of households served will avoid homelessness for at least six months after
assistance.
Measurement: HMIS database measuring the percentage of households that did not enter or
re-enter homelessness within 6 months following program exit.
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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 4 th quarter reimbursement
request.
4th and final annual reimbursement First week in January. Date to be
announced.
Outcomes and demographics January 31, 2022/ January 31, 2023
Regular Monitoring Visit: The Agency shall allow the City to conduct a regular
monitoring visit to the Agency, at a date and time agreeable to the parties which shall