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2021- HUMAN SERVICES AGREEMENT
CAG-_____
THIS HUMAN SERVICES AGREEMENT, dated ______________, is by and between the City of
Renton (the “City” or “Renton”), a Washington municipal corporation, and Communities in
Schools of Renton-Tukwila (“Agency”), a Washington nonprofit corporation. 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 Renton has received funding from the Adult Services Division (ASD), in the King County
Department of Community and Human Services (DCHS), to finance certain programs; 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; and
WHEREAS Renton and the Agency mutually desire to enter into this Agreement to specify the
terms and conditions under which the Agency will perform services in exchange for
compensation from Renton through the funding from ASD / DCHS;
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 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 one (1) year commencing on
January 1, 2021, and terminating on December 31, 2021 (“Term”).
3.Compensation:
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21-167
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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.Method of Payment. Agency will submit an invoice to Renton as specified in the
Scope of Service.
4.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.
5.Project Files: The Agency shall maintain files for this project containing the following
items:
•Notice of Grant Award.
•Motions, resolutions, or minutes documenting Board or Council actions.
•A copy of this Agreement and Exhibit A, and Scope of Service correspondence
regarding budget revision requests.
•Copies of all project invoices, reports, and other documentation submitted to
Renton.
6.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.
7.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
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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.
8.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.
9.Hold Harmless: The Agency agrees to release, indemnify, defend, and hold harmless the
City and King County , 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 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.
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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.
10.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 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’s performance of the Services.
11.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
12. 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.
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 and King County 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
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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.
13.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.
14.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:
Jaime Greene
1101 Bronson Way N
Renton, WA 98057
Phone: (425) 430-6656
JGreene@Rentonwa.gov
15.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
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
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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.
16.Representations and Warranties:
A.Agency represents and warrants it is not presently debarred, suspended, or
proposed for debarment by the U.S. Government, and will notify the City/King
County in the event it is debarred, suspended, or proposed for debarment by any
Federal department or agency. Debarment status can be verified at
httpss://www.sam.gov
B.Agency represents and warrants that neither it nor anyone involved in this
transaction was employed by the County in the past year.
C.Pursuant to KCC 3.04.050, the Agency shall not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable
consideration, thing of value or gift, whether in the form of services, loan, thing or
promise, in any form to any county official or employee. If Agency is found to have
violated the prohibition found in this paragraph, its current contracts with the
County will be cancelled and it shall not be able to bid on any county contract for
a period of two years.
17.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
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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.
H.Agency shall not discriminate in the provision of employee benefits as provided in
King county Ordinance 14823. Failure to abide by this requirement may result in
disqualification from bidding on King County contracts, remedies allowed by this
agreement, other remedies allowable or provided for by law or rule.
I.Agency shall not use any of the funds provided under this Agreement for any
partisan political activity or to further the election or defeat of any candidate for
public office.
18.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.
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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
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.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
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.
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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
Jaime Greene
Executive Director
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
By Renton City Attorney’s Office
By:_____________________________
Leslie Clark
Senior Assistant City Attorney
_____________________________
Date
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6/23/2021 | 7:09 AM PDT
6/23/2021 | 10:55 AM PDT
(approved via email from Leslie Clark)
6/24/2021 | 8:45 AM PDT
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Exhibit A
Scope and Schedule of Work
2021-2022 Program Services Agreement
Agency: Communities in Schools of Renton-Tukwila 2021
Funding:
$12,500
Program: Support to Families affected by COVID-19
This funding
will provide:
Support as specified below
Total: $12,500
Effective
Date
January 1, 2021– December 31, 2021
Agency shall use the awarded funds for the following activities which support individuals and
families affected by COVID-19:
Support may include
1)food gift cards
2)Past due rental assistance (paid to a third party)
3)Utility assistance (paid to a third party)
4)Cell phone and
5)Internet to allow students to school at home as needed.
Family Liaisons will contact the family to learn more about the needs and connect them with
appropriate resources, which may include these funds.
All expenses, and payments must be documented, and the need for rental/utility assistance must
be verified with the landlord/utility provider and documented.
I.Period of Performance. The Services shall be provided by December 31, 2021
II.Reporting: Services shall be provided by December 31, 2021 and a final invoice and
narrative will be due no later than January 5, 2022. The narrative will provide a description of
how these funds were used to benefit Renton residents, and should include photographs, or
any relevant information on how the funds were used. Exhibit B should be included with each
invoice.
III: Billing and Compensation:
•Agency shall submit invoices at least quarterly. Invoices shall contain clear and
specific descriptions of activities and costs., including numbers served.
•Agency shall provide supporting documentation that details expenditures
consistent with the budget.
• Invoices shall be submitted to Dianne Utecht at Dutecht@rentonwa.gov
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EXHIBIT B
City of Renton, Washington
2021 Human Services Performance Measures/Demographics Reporting
Form King County CSO Grant
Name of Agency:
Reporting Period:
Contract
Amount
Amount ($)
spent
No. Renton
Households/
Individuals
served
Amount ($)
spent
No. Renton
Households/
Individuals
served
Amount ($)
spent
No. Renton
Households/
Individuals
served
Amount ($)
spent
No. Renton
Households/
Individuals
served
TOTAL
Amount ($)
spent
TOTAL No.
Renton
Households/
Individuals
served
Rental/Utility Assistance 0 0
Food Assistance/Direct Food Purchases 0 0
Other (Specify) e.g. PPE supplies
0 0
attach all receipts and supporting documentation
TOTALS 0 0 0 0 0 0 0 0 0
Demographics:
Race/Ethnicity:
White 0
Black/African American 0
Asian/Asian American 0
American Indian/Alaskan Native 0
Latino, Latino American, Hispanic 0
Native Hawaiian/Pacific Islander 0
Multi-Race/Other 0
Unknown 0
TOTALS 0 0 0 0
Narrative:
TOTALSJune 1 - 30, 2021 July 1 - 30, 2021 August 1-31, 2021 September 1-30, 2021
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