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AG 23-250 - FRIENDS UNITED TO SHELTER THE INDIGENT OPPRESSED AND NEEDY/ FUSIONRETURN TO: Kim Bachrach EXT: 2654 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CD/Community Services 2. ORIGINATING STAFF PERSON: Kim Bachrach EXT: 2654 3. DATE REQ. BY: 11/15/2024 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ® HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#)t ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: ARPA Human Services Grant - FINALLY HOME AGAIN 6. NAME OF CONTRACTOR: Friends United to Shelter the Indigent Oppressed and Needy 9 ADDRESS: 1505 S. 328th Street Federal Way, WA 98003 TELEPHONE (206) 930-5988 E-MAIL: david.harrison@fusionhousing.org FAX: SIGNATURE NAME: DaVid HarriSon TITLE CEO 7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK OR SERVICES N COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE It ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: July 1, 2023 COMPLETION DATE: December 31, 2026 9. TOTAL COMPENSATION $ 175,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: p YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 175.000 IS SALES TAX OWED ®YES IDNO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED 9 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED It PROJECT MANAGER SJB 10/25/2023 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 9 LAB/ JE 11/14/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING N. SENT TO VENDOR/CONTRACTOR DATE SENT: 12/4/23 DATE REC'D: 12/5/23 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INIT] ALI DATE SIGNED LAW DEPARTMENT Pf9rCN'ATORY (MAYOR OR DIRECTOR) C1 TY CLERK ❑ ASSIGNED AG# A # COMMENTS: I have comments in the document and would like to see additional details included on the work and the outcomes. Maybe attaching the application may solve some of the questions? - JE 11/14/23 2i2oi / CITY OF CITY HALL Av*S* Federal WayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederaiway. com HUMAN SERVICES AGREEMENT FOR FINALLY HOME AGAIN This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and FUSION/Friends United to Shelter the Indigent, Oppressed and Needy, a Washington nonprofit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: FUSION/FRIENDS UNITED TO SHELTER THE CITY OF FEDERAL WAY: INDIGENT, OPPRESSED AND NEEDY: Kim Bachrach David Harrison 33325 8th Ave. S. 1505 S. 328th Street Federal Way, WA 98003-6325 Federal Way, WA 98003 (253) 835-2654 (telephone) (206) 930-5988 (telephone) Kim.Bachracli@,cityoffederalway.com cityoffederalway.com d avi d .li arri son (c-�,fu sionho u si n g. o rl The Parties agree as follows: 1. TERM. The term of this Agreement shall be for a period commencing on July 1, 2023, and terminating on December 31, 2026 ("Term"). Funding for the second, third, and fourth years of the Agreement is contingent upon satisfactory Agreement performance during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Agency. 2. SERVICES. The Agency shall perform the services morespecifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Agency warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration and a Unique Business Identifier (UBI) and a Unique Entity Identifier (UEI). Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, breaches confidentiality, or materially violates Section 12, and such may result in ineligibility for further City agreements. 4. COMPENSATION. ARPA HUMAN SERVICES AGREEMENT - 1 - 8/2023 CITY OF CITY HALL A.. Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffederalway com 4.1 Amount. In return for the Services, the City shall pay the Agency an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The City shall reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit B. The Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. 4.2 Method of Payment. On a not less than quarterly basis, the Agency shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this Agreement. Payment shall be made by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the Agency's reports; as a measure of satisfactory performance under this Agreement. The City shall review the Agency's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Agency fail to meet the performance measures for each quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Community Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City 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. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice and reports are not submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget. The Agency shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B. The Agency shall request prior approval in writing from the City to revise the line item budget when the cumulative amount of transfers from or to a line item is expected to exceed ten percent (10%) of that line item. The Agency must provide supporting documents to fully explain the nature and purpose of the revision with each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed and approved or denied by the City in writing. 4.5 Non-ApproLhation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will 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. INDEMNIFICATION. 5.1 Ageney Indemnification. The Agency agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless 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 fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent ARPA HUMAN SERVICES AGREEMENT - 2 - 8/2023 c[7v OF CITY HALL Fe d e ra I Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's negligence. Agency shall ensure that each subcontractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Agency waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Agency's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Tndenmification. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the, services or work by the Agency, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Agency's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by ARPA HUMAN SERVICES AGREEMENT - 3 - 8/2023 CITY OF CITY HALL .A Feder Fed�r�� Wayth Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www cilyoffed era/ way. com the City shall be excess of the Agency's insurance and shall not contribute with it. 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Agency shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which maybe produced or modified by Agency while performing the Services shall belong to the City upon delivery. The Agency shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be maintained for a period of six (6) years after the termination of this Agreement and may be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Agency shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. ARPA HUMAN SERVICES AGREEMENT - 4 - 8/2023 "4!CITY OF CITY HALL Fe d ra WayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederalway. com 11. CONFLICT OF INTEREST. It is recognized that Agency may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Agency's ability to perform the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency 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 the Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance. 12. E UAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Agency or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Int retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Agency nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. ARPA HUMAN SERVICES AGREEMENT - 5 - 8/2023 CITY OF ,AN Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com 13.3 Compliance with Laws. The Agency shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in 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. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or, to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement maybe executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] ARPA HUMAN SERVICES AGREEMENT - 6 - 8/2023 CITY OF A%% ` Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryofiedera/way. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: �A" Ji ell, Mayor Ste h e vurtne , C C, City Clerk RO AS TO FORM: DATE: '2761P-,— EJ. yan Call, City Attorney FUSION/FRIENDS UNITED TO SHELTER THE INDIGENT, OPPRESSED AND NEEDY: By: Printed Name:���s Title: DATE: -?- ¢5 STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me DfN 1V "V-CCAO to me known to be the C Vi�;- Okof FUSION/Friends United to Shelter the Indigent, Oppressed and Needy that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this day of 178070 Notary's signature Notary's printed name in and for the State 9f Washington. �n expires ARPA HUMAN SERVICES AGREEMENT - 7 - 8/2023 4S ciTr or Federal Way EXHIBIT A SERVICES Pro6ect Services Summary CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com The Agency shall provide homelessness prevention case management and financial assistance for move -in costs through the Finally Home Program in the City of Federal Way. The Finally Home Program helps ensure that Federal Way Families staying in FUSION'S Family Center have the financial resources to move into a home of their own. With the support of a case manager, families will create a Family Stability Plan to assist them in searching for and obtaining permanent housing. The Agency shall ensure that services provided with funding under this Agreement are made available and delivered to Federal Way residents. Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with ARPA funds: 111 Quarter 2°d Quarter 3rd Quarter 4te Quarter JAN. — MARCH APRIL — JUNE JULY — SEPT. OCT. — DEC. Total No. of unduplicated Federal Way ersons assisted in 2023 N/A N/A 6 6 12 No. of unduplicated Federal Way persons assisted in 2024 7 6 6 6 25 No. of unduplicated Federal Way persons assisted in 2025 7 6 6 6 25 No. of unduplicated Federal Way persons assisted in 2026 7 6 6 6 25 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: 111 Quarter JAN. — MARCH 2°d Quarter APRIL — JUNE 311 Quarter JULY — SEPT. 411 Quarter OCT.—DEC. Total 2023 1. Case management N/A N/A 6 6 12 2024 1. Case management 7 6 6 6 25 2025 ARPA HUMAN SERVICES AGREEMENT - 8 - 8/2023 CITY OF Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay. com 1. Case management 7 6 6 6 25 2026 1. Case management 7 6 6 6 25 Units of service are measured by number of families enrolled in case management and receiving one- time financial assistance to obtain permanent housing. C. Outcome Measure(s) Outcome 1: Obtain permanent housing Outcome 1 Indicator: Lease agreement Target: 95% of clients Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs, payroll for actual salary and fringe benefit costs. ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and ■ for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of client address; residency verified via King County Parcel Viewer. 10. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. ARPA HUMAN SERVICES AGREEMENT - 9 - 8/2023 '4S CITY OF ,�� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com King County FY 2023 Income Limits Summary (Effective June 15, 2023) Median FY 2023 Income Income Limit 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons King County Category Extremely Low -30% $28,800 $32,900 $37,000 $41,100 $44,400 $47,700 $51,000 $54,300 Income Limits Very Low $146,500 -50% $47,950 $54,800 $61,650 $68,500 $74,000 $79,500 $84,950 $90,450 Income Limits Low -80% $70,650 $80,750 $90,850 $100,900 $109,000 $117,050 $125,150 $133,200 Income Limits The Agency agrees to use updated Income Guidelines which will be provided by the City. Reports and Reporting Schedule The Agency shall collect and report client information to the City not less than quarterly. Required reports shall be submitted together on a form and format to be provided by the City. Required reports are the reimbursement request, service unit report with narrative, demographic data report, and outcomes reports. The Agency shall submit a Demographic Data Report not less than quarterly. The agency shall collect and retain the data requested on the City provided form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted not less than quarterly in the format requested by the City. The Agency shall implement and track at least one measurable outcome for the program as presented in the application and detailed above in this Exhibit A. Changes to the outcome(s) presented in the application must be approved by the City prior to implementation. The Agency shall report the results of its outcome measure(s) not less than quarterly on the Outcome Data Report in the format requested by the City. Public Information In all news releases and other public notices related to projects funded under this Agreement, the Agency will include information identifying the source of funds as the City of Federal Way ARPA Funds. ARPA HVMAN SERVICES AGREEMENT - 10 - 8/2023 CITY OF Federal Way EXHIBIT B COMPENSATION Proiect Budget CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of compensation pursuant to this Agreement shall not exceed One Hundred Seventy -Five Thousand and 00/100 Dollars ($175,00.00). A. City of Federal Way Funds 2023 2024 2025 2026 Cityof Federal WayARPA Fund: $19,600.00 $51,800.00 $51,800.00 $51,800.00 Total Cityof Federal Way Funds: $19,600.00 $51,800.00 $51,800.00 $51,800.00 B. Line Item Budget 2023 2024 2025 2026 Personnel Services detail below) $4,750.00 $12,500.00 $12,500.00 $12,500.00 Other Direct Aid to Clients $14,850.00 $39,300.00 $39,300.00 $39,300.00 Total City of Federal Way Funds: $19,600.00 $51,800.00 $51,800.00 $51800.00 C. Personnel Detail (per year) Position Title Position Full Time Equivalent Annual Salary and Benefits Annual ARPA Funds Case Manager FTE 0.5 $28,650.00 $12,500.00 Total: $28 650.00 $12,500.00 Reimbursement Requests with supporting documentation for the billing period, Service Unit Report, Demographics Data Report, and Outcomes Data Report shall be submitted no less frequently than quarterly and are due on the 15ffi of the month after the reporting period ends, but not less than the following dates: 1 st Quarter: April 15; 2nd Quarter: July 15; 3rd Quarter: October 15; and 4th Quarter: Reimbursement Request, Service Unit Report, Demographic Data Report, and Outcomes Data Report forms are due January 6. The first quarter of reporting is the 3rd quarter of 2023. The first Reimbursement Requests, Service Unit Report forms, Demographics Data Report shall be submitted on October 15, or within ten (10) days of notice to proceed, whichever is later. Services are to be delivered throughout each contract year. If the Agency anticipates expenditures will exceed the estimated quarterly or monthly payments for the corresponding billing period, the Agency shall request prior approval in writing from the City. Estimated Quarterly Payments are $12,501.00. If the Agency submits monthly reports, Estimated Monthly Payments are $4,167.00 Quarterly payment requests shall not exceed the estimated payment without prior written approval from the City. Estimated quarterly payments are contingent upon meeting or exceeding the above performance ARPA HUMAN SERVICES AGREEMENT - 11 - 8/2023 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. Conditions of Funding The Agency agrees it will meet the specific funding conditions identified for the Agency and acknowledges payment to the Agency will not be made unless the funding conditions are met. If the Agency's performance is behind the agreed upon numbers stated above by June 2024, the City reserves the right to deny additional award of funds beyond 2024 and re -distribute any remaining funding that otherwise would have been available to the Agency to other agencies, programs, or projects as the City sees fit. ARPA HUMAN SERVICES AGREEMENT - 12 - 8/2023 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cr[y01Cederafway. cam EXHIBIT C CERTIFICATE OF INSURANCE ARPA HUMAN SERVICES AGREEMENT - 13 - 8/2023 Issue Date 12f4/2023 Cert #.0000044879 Non Profit Insurance Program Certificate of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVEYS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed- If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain coverage may require an endorsemenL A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation, et al. Ephrata, WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation, et al. PROPERTY American Alternative Insurance Corporation, et al. INSURED Fusion MISCELLANEOUS PROFESSIONAL LIABILITY Princeton Excess and Surplus Lines Insurance Company PO Box 23934 Federal Way, WA 98093 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP DESCRIPTION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-14 6/1/2023 6/1/2024 PER OCCURRENCE $5,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 INCLUDES STOP GAP PRODUCT-COMP/OP $5,000,000 PERSONAL & ADV, INJURY $5,000,000 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO N1-A2-RL-0000013-14 6/1/2023 6/1/2024 COMBINED SINGLE LIMIT $5,000,000 (LIABILITY IS SUBJECT TO A 350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPERTY N1-A2-RL-0000013-14 6/1/2023 6/1/2024 ALL RISK PER OCC EXCL EQ & FL $75,000,000 EARTHQUAKE PER OCC $1,000,000 FLOOD PER OCC Excluded (PROPERTY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL LIABILITY N1-A3-RL-0000060-14 6/1/2023 6/1/2024 PER CLAIM $5,000.000 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS Regarding Finally Home Again Agreement. The City of Federal Way, its officers, directors, shareholders, partners, employees, agents, representatives and subcontractors are named as Additional Insured regarding this agreement only and are subject to policy terms, conditions, and exclusions. Additional Insured endorsement is attached. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Pnl Ir.Y PRrI\/I.SIL} q. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE Kim Bachrach City of Federal Way 33325 8th Ave S Federal Way, WA 98003 Last updated by Cynthia Pienneu on Oct 22, 2022 at 07.49 PM FRIENDS UNITED TO SHELTER SAM*oor FRIENDS UNITED TO SHELTER Unique Entity ID CAGE / NCAGE Purpose of Registration MQJAMY4CPVG5 6Z6H8 Federal Assistance Awards Only Registration Status Expiration Date Active Registration Oct 22, 2023 Physical Address Mailing Address 1108 S 322ND PL PO Box 23934 Federal Way, Washington 98003-8483 Federal Way, Washington 98093 United States United States Business Information Doing Business as Division Name Division Number (blank) (blank) (blank) Congressional District State / Country of Incorporation URL Washington 09 Washington / United States (blank) Registration Dates Activation Date Submission Date Initial Registration Date Oct 25, 2022 Oct 22, 2022 Aug 23, 2013 Entity Dates Entity Start Date Fiscal Year End Close Date Nov 4, 2004 Dec 31 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions. Exclusion Summary Active Exclusions Records? No SAM Search Authortzatlon I authorize my entity's non -sensitive information to be displayed in SAM public search results: Yes Entity Types Business Types Entity Structure Corporate Entity (Tax Exempt) Profit Structure Non -Profit Organization Entity Type Business or Organization Organization Factors (blank) Aug 23, 2023 04:55: 00 PM GMT htips:Osam, gov/ent ity/MQJAMY4CPVG51coreDala?status=Aclive Page I of 2 Last updated by Cynthia Piennett on Oct 22, 2022 at 07: 49 PM FRIENDS UNITED TO SHELTER Socio-Economic Types Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA -certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Other Entity Qualifiers Domestic Shelter Financial Information Accepts Credit Card Payments No EFT Indicator 0000 Points of Contact Electronic Business Debt Subject To Offset No CAGE Code 6Z6H8 9. Cynthia Piennett, Treasurer PO Box 23934 Federal Way, Washington 98093 United States Government Business PO Box 23934 Cynthia Piennett, Treasurer Federal Way, Washington 98093 United States Service Classifications NAICS Codes Primary NAICS Codes NAICS Title tit)"ter Respo. This entity does not appear in the disaster response registry. Aug 23, 2023 04:55: 00 PM GMT hltps://sam.gov/entity/MQJAMY4CPVG51coreData?stales=Active Page 2 oJ2 Washington State Depar rent Of Revenue s �' < Business Lookup License Information: New search Back to results Entity name: FUSION/FRIENDS UNITED TO SHELTER THE INDIGENT, OPPRESSED ANDNEEDY Business FUSION/FRIEN.DS UNITED TO SHELTER THE INDIGENT, OPRESSED AND name: Entity type: Nonprofit Corporation UBI #: 602-388-063 Business ID: 001 Location ID: 0001 Location: Active Location address: 1505 S 356TH ST STE 104 FEDERAL WAY WA 98003-3513 Mailing address: PO BOX 23934 FEDERAL WAY WA 98093-0934 Excise tax and reseller permit status: Click here Secretary of State status: Click here Governing People May include governing people not registered with Secretary of State Governing people Title CAMERON, THOMAS `--Vice President Governing people GENDRON, KATHLEEN HUGGINS, SANDRA PIENNETT, CYNTHIA SIEGLER, JULIE Registered Trade Names Registered trade names Status FUSION DECOR BOUTIQUE Active POVERTY BAY CAFE Active Title Secretary Chairman of the Board Treasurer Director First issued Feb-18-2014 Apr-22-2021 View Additional Locations The Business Lookup information is updated nightly. 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Check if your brr •ser is supported a ;ir.es�-��tA nd Charities Filing System BUSINESS INFORMATION Business Name: FUSION/FRIENDS UNITED TO SHELTER THE INDIGENT, OPPRESSED ANDNEEDY UBI Number: 602 388 063 Business Type: WA NONPROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 1108 S 322ND PL, FEDERAL WAY, WA, 98003-8483, UNITED STATES Principal Office Mailing Address: PO BOX 23934, FEDERAL WAY, WA, 98093-0934, UNITED STATES Expiration Date: 04/30/2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 04/20/2004 Period of Duration: PERPETUAL Inactive Date: Nature of Business: CHARITABLE Charitable Corporation: Nonprofit EIN: 01-0814641 Most Recent Gross Revenue is less than $500,000: Has Members: Public Benefit Designation: Host Home: REGISTERED AGENT INFORMATION Registered Agent Name: DAVID HARRISON, EXECUTIVE DIRECTOR Street Address: 1108 S 322ND PL, FEDERAL WAY, WA, 98003-8483, UNITED STATES Mailing Address: PO BOX 23934, FEDERAL WAY, WA, 98093-0934, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL JULIE SIEGLER GOVERNOR INDIVIDUAL CYNTHIA PIENNETT GOVERNOR INDIVIDUAL KATHLEEN GENDRON GOVERNOR INDIVIDUAL THOMAS CAMERON GOVERNOR INDIVIDUAL SANDRA HUGGINS Back Filing History Name History Print R eturn to Business Search