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AG 13-082RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: CED/HS 2. ORIGINATING STAFF PERSON: DEE DEE C.aTALANO EXT: 2651_ 3. DATE REQ. BY: 4. TYPE OF DOCLTMENT (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 X HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.c. soxn �i,nTED noc[n�rrrs� ❑ ORDINANCE ❑ CONTRACTAMENDMENT(AG#): ❑ OTHER 5. PROJECT NAME: REACH ❑ RESOLUTION ❑ INTERLOCAL 6. NAME OF CONTRACTOR: WASHINGTON WOMEN'S EMPLOYMENT & EDUCATION ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TTTLE 7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES X COMPENSATION X INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBTfS X PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: O1/O1/2013 COMPLETION DATE: 12/31/2014 9. TOTAL COMPENSATION $17,000 (INCLUDE EXPENSES AND SALES TAX, �,vv�t) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ��s ❑ xo IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: � CONTRACTOR ❑ C1TY ❑ PURCHASING: PLEASE CHARGE TO: _001-7300-083-562-10-410: $7,000 001-7300-089-562-10-410: $10.000 10. DOCUMENT/CONTRACT REVIEW I1�TITIAL / DATE REV EWED I1�iITIAL / DATE APPROVED ❑ PROJECT MANAGER v / ❑ DIItECTOR ❑ RISK MANAGEMENT (� a�rr.icnar,E) ❑ LAW • l°1 � 13 11. COUNCILAPPROVAL(IFAPPLICABLE� COMMITTEEAPPROVALDATE: COUNCILAPPROVALDATE: 12. CONTRACT SIGNATURE ROUTING z ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: /�-� �3 DATE REC'D:� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, L CENSES, EXHIBITS ❑ L�W DEPARTMENT �IGNATORY (MAYOR o IRECTOR� o CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: AG# � � DATE SENT: 11/9 � ` CITY OF .� Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 wrvw aryoffederaM�ay. com HUMAN SERVICES AGREEMENT FOR REACH PLUS This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Washington Women's Employment & Education, a non-profit organization ("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: WASHINGTON WOMEN'S EMPLOYMENT & I CITY OF FEDERAL WAY: EDUCATION: Deborah Howell 515 West Harrison St Suite 208 Kent, WA 98032 (253) 590-0638 (telephone) The Parties agree as follows: Denise Catalano 33325 8�' Ave. S. Federal Way, WA 98003-6325 (253) 835-2651 (telephone) (253) 835-2401 (facsimile) denise. catalano@cityoffederalway. com 1. TERM. The term of this Agreement shall be for a period of two (2) years commencing on January 1, 2013 and terminating on December 31, 2014 ("Term"). Funding for the second year 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 more specifically 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, 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 a11 applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at a11 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 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. 4.1 Amount. In return for the Services, the City shall pay the Agency an amount not to exceed a maxixnum 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. HUMAN SERVICES AGREEMENT - 1- 4/2011 CITY OF CITY HALL 3 ` 33325 8th Avenue South ...,,,,,,, Fe d e ra 1 Way Federal Way, WA 98003-6325 (253) 835-7000 www. crtyoffederalway. com 4.2 Method of Payment. On a 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 on a quarterly basis 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. T'he 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 Human 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 Fina1 Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit "B". If the Agency's fmal invoice, supporting documentation, and reports are not submitted by the last date specified in Exhibit "B", the City sha11 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 Bud�et. 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 in writing prior appro�al from the City to revise the line item budget when the cumulative amount of transfers from a line item in any ProjectlProgram Exhibit is expected to exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany 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-Anpropriation 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 a11 remaining Services for which funds are allocated. No penalty or expense sha11 accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Agency 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 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 imxnunity 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. HUMAN SERVICES AGREEMENT - 2- 4/2011 � ` CITY OF '�,,,`.., Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay. com 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Agency, its of�icers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors hannless 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 terminatio� 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 termin�tion as follows: 6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insuranae, 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, pxoperty damage, products liability, advertising injury, and liability assumed under an insured contract with lixnits no less than $1,000,000 for each occunence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts suffici�nt pursuant to the laws of the State of Washington; ' c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State l�w per accident for bodily injury, including personal injury or death, and property damage. ' 6.2. No Limit of Liabilitv. Agency's maintenance of insurance as required by the agree�ment shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwf se limit the City's recourse to any remedy available at law or in equity. The Agency's insurance coverage sha11 be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by 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 ox� a11 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 incorporaxed by this reference. At City's request, Agency sha11 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 minimuxn 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 terminationl of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Agency in performan�e of this Agreement sha11 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 recou�ds 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 may be produced or modified by Agency while performing the Services shall belong to the City upon delivery. The Agency make such data, docum�nts, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the e�piration or termination of this Agreement all originals and copies of any such work product remauung in the possession of Ag�ncy shall be delivered to the City. , HUMAN SERVICES AGREEMENT - 3 - 4/�,011 � CITY OF , � Federal CITY HALL W�� 33325 8th Avenue South Federal Way, WA 98003-6325 �2ss� sa�-�aoo www cityoffederalway.com 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect a11 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 govemmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT AGENCY. The Parties intend that the Agency sha11 be an independent Agency 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 sha11 take a11 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 sha11 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. 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 dces 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. EQUAL OPPORTUNTTY 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' exnployees, agents, sub-agencies, or representatives against any person because of sex, age (except minixnum 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 Interpretation and Modification. This Agreement, together with any attached E�chibits, 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 sha11 prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and sha11 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 Pariy. If the non- HUMAN SERVICES AGREEMENT - 4- 4/2011 � CITY QF �, Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wtiwv. atyoffederahvay. com assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignxnent 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. 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. I�' a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this A�reement, this Agreement may be rendered null and void, at the City's option. ' 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisipns 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 �ha11 be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreem�nt 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 e�cercise any option conferred by this Agreement in one or more instances sha11 not be construed to be a waiver o� relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failu�'e•,or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of xhe 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 Farties 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, Ki�g 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 objeiction that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Rarty shall pay all its legal costs and attomey's fees and expenses incurred in defending or bringing such claim or lawsuit, including a11 appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragr�ph sha11 be construed to lixnit 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 Agreemeht may be executed in any number of counterparts, each of which sha11 be deemed an original and with the same effect as if all Parties hereto had signed the same docuxnent. All such counterparts sha11 be construed together and sha11 constitute one instrurnent, 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 a11 of the Parties have exeeuted a counterpart of this Agreement shall be the "date of mutual execution" hereof. ' [Signature page follows] . ,f, • ; - . , �,� . _` . r..�.r_n r _ - . `,Jy '�` . ' _ � o - 1r'�. (" �" . J . J HUMAN SERVICES AGREEMENT - 5- 4/2011 .,\.. �-. ` CITY OF ,�.., Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoflederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Community & Economic DATE: ' Z � ' � Services ATTEST: Crty Clerk, Carol McNeil , CMC APPROVED AS TO FORM: ��� � City Att e, Patricia A Richardson WASHINGTON WOMEN'S MPLOYMENT & EDUCATION By: ���-✓ Printed Name: !� q��/✓ J� �C--3�j� Title: C�� DATE: �1� 3 , STATE OF WASHINGTON ) ) ss. COUNTY OF ���fSL ) On this day personally appeared before me j�1r�� n 1, �S{Q./L ,� me known to be the e,�(� of � , Yt�iat`� e ec`u`�ted the foregoing instrument, and acknowledged the said instrument to be the free and vo unt act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that h she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporahon. GIVEN my hand and official seal this �� `� day of ��` , 20�. a4. Q , ,� 1y'l�, C.� �, ��ri�� Y �. ot `„- V �r'?'ir..e���.'�% yr 'ty,. /!rt!>� f�i D Y ••� �� ' �{ ,� �•er' r:,� - �•►� '• ,+� � ,"�" ���9"��%' p :� � :z:�:x:�,�'.:.�.. '�, „ . `u' =;;�` �(� 8 t.t�' � : � �'� i`�.:� � b� a i�p �� � 11 `: r,�'sI� ��• � IF S ` `� �``. : IXP�+tIf11111tH�1��•��``. Notary's signature Notary's printed name a� u 't Notary Public in and for the State of Washington. My commission expires � p- Gj - a c» � HUMAN SERVICES AGREEMENT - 6- 4/2011 ` � CITY OF � Federal Way EXHIBIT KA" SERVICES Project Summary CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. atyoffederalway. com The Agency shall provide job readiness training, skill building and pre-employment services in the City of Federal Way. The Agency shall ensure that services provided with funding under this Agreement are made available 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 Human Services funds: lst Quarter 2°d Quarter 3'd Quarter 4`h Quarter JAN. — MARCH APRIL - NNE JULY — SEPT. OCT. — DEC. TOtAI No. of unduplicated Federal Wa ersons assisted in 2013 2 2 2 1 7 No. of unduplicated Federal Wa ersons assisted in 2014 2 1 1 1 5 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: ls` Quarter 2°d Quarter 3'd Quarter 4te Quarter JAN. - MARCH APRIL- JUNE JULY — SEPT. OCT. —DEG TOt81 2013 1. Employment Services 2 2 2 1 7 2. Case Management 2 2 2 1 7 2014 1. Employment Services 2 1 1 1 5 2. Case Management 2 1 1 1 5 HUMAN SERVICES AGREEMENT - 7- 4/2011 ` CITY OF ,�.. Federal C. Definition of Services CITY HALL Way 33325 8th Avenue South Federal Way, WA 9$003-6325 (253) 835-7000 wtaw cityotTederalw�y com 1. Employment Services: REACH P1usTM is a 175 hour, 5 week intensive class which will provide computer skills and life management training to low income adults in South King County. REACH P1usTM graduates increase their employable skills and increase their job specific skills as a result of program completion and benefit from 2 years of follow up supportive services as well as individualized job search services. 2. Case Management: REACH P1usTM participants receive approximately 2 hours of case management including individualized barrier reduction services, goal setting and long term planning, and individualized job search sernces. D. Outcome(s) Outcome(s) to be reported: 1. Individuals and/or families will have access to services that increase self-sufficiency. 2. Increased job search technical skills Indicator 2-A: Resume writing skills Indicator 2-B: Interviewing skills 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. 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. HUMAN SERVICES AGREEMENT - 8- 4/2011 ' � CITY OF ,;�� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwrv atyoffederalway com 9. 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. ��tigtCi�unt�t'�1( � 31nCOrri� Umits Summacyr°Effective fi�11/�Q12 � `"� Income Median �imit 1 2 3 4 5 6 7 8 Income �ategory Person Persons Persons Persons Persons Persons Persons Persons Extremely Low (30�) $18,200 $20,800 $23,400 526,000 $28,100 $30,200 $32,250 $34,350 Income Limits Very Low $86,700 (50%) $30,350 $34,700 $39,050 $43,350 $46,850 $50,300 $53,800 $57,250 Income Limits low (80%) $45,100 $51,550 $58,000 $64,400 $69,600 $74,750 $79,900 $85,050 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 quarterly and annually on a Service Unit Report to be provided by the City in the format requested by the City. The Agency shall submit an Annual Demographic Data Report. The agency shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually no later than January 15 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. Changes to the outcome presented in the application must be approved by the City prior to implementation. The Agency sha11 report the results of its outcome measure(s) annually on the Annual Outcome Data Report to be submitted by January 15 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 Human Services General Fund Program. HUMAN SERVICES AGREEMENT - 9- 4/2011 CI7Y OF GTY HALL ` 33325 8th Avenue South ,�.'� Fe d e ra I Way Federal Way, WA 9$003-6325 �25s� s3�-�aoo www cityoflederalway com EX�IIBIT Kg" COMPENSATION Project Budget The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary. The total amount of reimbursement pursuant to this Agreement shall not exceed $17,000. A. City of Federal Way Funds 2013 2014 Ci of Federal Wa General Fund: $10,000 $7,000 Total Cit of Federal Wa Funds: $10,000 $7,000 B. Line Item Bud et 2013 2014 Personnel Services (detail below $10 000 $7,000 Office or eratin Su lies $ $ Rent & Utilities $ $ Communications $ $ Travel and Trainin $ $ Other s eci $ $ Client Travel $ $ Administration Overhead $ $ Tota1 Ci of Federal Wa Funds: $10 000 $7 000 C. Personnel Detail 2013: Position Title Position Full Annual Salary IiS Funds Time E uivalent and Benefits Director of Pro ams .0096 $73,200 $700 REACH Plus Instructors .07 $96,689 $6,800 Asst. Program/Employment .039 $38,430 $1,500 Services Coordinator Pro am Su ort .0281 $35,526 $1,000 Total: $243,845 $10,000 2014• Position Title Position Full Annual Salary HS Funds Time E uivalent and Benefits Director of Pro ams .0068 $73,200 $500 REACH Plus Instructors .OS $96,689 $4,800 Asst. Program/Employment �26 $38,430 $1,000 Services Coordinator Pro am Su ort .0197 $35,526 $700 Total: $243 845 $7 000 HUMAN SERVICES AGREEMENT - 10 - 4/2011 ` � CITY OF � Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www aryoffederahvay. com Reimbursement Requests and Service Unit Report forms shall be submitted no less frequently than quarterly and are due on the following dates: 1 st Quarter: April 15 or within 10 days of notice to proceed, whichever is later; 2nd Quarter: July 15; 3rd Quarter: October 15; and 4th Quarter: Final Reimbursement Request and Service Unit Report forms due January 8; Demographic Data Report and Annual Outcome Data Report with supporting documentation due January 15. The Agency shall submit Reimbursement Requests in the format requested by the City. Reimbursement Requests Invoices shall include a copy of the Service Unit Report and any supporting documents for the billing period. Estimated Quarterly Payments: 2013 1 st Qtr $2,500 2nd Qtr $2,500 3rd Qtr $2,500 4th Qtr $2,500 2014 lst Qtr $1,750 2nd Q�I, $1 �750 3ra Qt�' $1,750 4�' Qtr $1,750 Expenses must be incurred prior to submission of quarterly reimbursement requests. Proof of expenditures must be attached to the reimbursement request for invoice to be approved. Quarterly reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated quarterly payrnents are contingent upon meeting or exceeding the above performance 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 that it will meet the specific funding conditions identified for the Agency and acknowledges that payment to the Agency will not be made unless the funding conditions are met. The Agency is responsible for meeting the applicable portions of the funding conditions adopted as part of the 2013-14 Human Services General Fund Allocation Process including: No Conditions. HUMAN SERVICES AGREEMENT - 11 - 4/2011 . �. .: her/his term, the President Elect will become acting President until the end of the term. The President Elect's term will be one year or until required to become acting President. SECTION 6. President Emeritus. The President Emeritus is the immediate past president and shall serve one year in order to provide continuity regarding board resolutions. President Emeritus may, as needed, chair the board meetings if neither the President nor President Elect is present. SECTION 7. Secretarv. The Secretary shall attend all meetings of the Board of Directors or appoint a director to replace her/him if she/he cannot be present. She/he shall keep minutes of all meetings and proceedings, including all votes and resolutions presented at these meetings, these records shall be kept in the primary office of the Corporation. The Secretary's term will be one year and the number of terms is unlimited except by the provisions of Article IV Section 3. SECTION 8. Treasurer. The Treasurer shall oversee the corporate funds and securities. She/he shall be responsible to review financial statements monthly for reasonableness and for asking questions critical to developing an understanding of the corporation's financial position and accuracy of presentation. She/he shall make quarterly visits to the corporation to perform inquiries and tasks deemed necessary to monitor the internal financial processes. The Treasurer shall ensure that an annual audit of all fiscal transactions will be conducted by a reputable professional CPA firm. The Treasurer's term will be one year and the number of terms is unlimited except by the provisions of Article IV Section 3 ARTICLE VII STAFF SECTION 1. Chief Executive Officer (CE01. The CEO is hired and terminated by the Board of Directors and is directly responsible to the Board and serves as the liaison between the Board and the Agency Staff. The CEO is responsible for the overall operations of the corporation pursuant to guidance by the Board. The CEO shall have full authority for direction of the employees of the corporation with authority to hire and discharge staff. The CEO shall work in partnership with the Board to lead the Organization in achieving its stated mission. SECTION 2. Salaries. The salary of the CEO shall be recommended by the Compensation Committee, reviewed by the Finance Committee, and approved by the Board of Directors. All other salaries shall be recommended by the CEO and reviewed by the Compensation Committee. Washington Women's Employment & Education - Bylaws Page 6 ARTICLE VIII COMMITTEES SECTICIN 1. Executive Committee. The Board of Directors shaN designate their'officers as an executive cammittee. 'The �xecutive Committee, to the extent provided in such resolution, shall have'and may exercise authority delegated by the' Board'of Directors in th� businQSS' and affairs of the corporation except where such action must be by the Board of ' Di�ecto�s as specified by the Wash'ington Non-Frofit Corporation Act or the By-Laws or Articles of the corporation. Estabiishing such a committee and defegating powerto it, does nat, relieve the Board of Directors or any member thereof of any responsibility imposed upon it by law. Any decision rnade by the Executive Committee shall be reported in written minutes to the Board of Directors. All acts of the Executive Committee shall be deemed accepted"as acts of the full boa�d unless overturned by a majority vote af the Board at its next regular meeting. SECTION 2. Finance Committee. The Finance cammittee is chaired by the Board Treasurer and shall have no fewer than two other persons appointed by the President and approved by the Board of Directors. The committee shall be responsible for monitorin� the fiscai affairs of the corporation and approval of the annual audit of the corporation. , ' ' SECTIQN 3. Comaensation Cornmittee. The Compensation Committee is chaired by the Board President and consists af'the President, President Elect and/or President Emeritus, and one other rnember of the 9oard, to be appointed by the P�esident. The cammittee shali be responsible fo� initiating tfie review process for the CEO, including delivering the annual review to the CE0 and determining the CEO's annual compensation. ' SECTION 4. Other Cammittees. Cornmittees represent the Board of Directors and perform such functions as the Board assigns to thern. The Board may create, empower and disband committees or task forces as it deems necessary to carry out its duties through a cha►ter outlining the cornmittee's specific task. Committee chairs will be appointed by the Board President and need not be members of the Board af Diredors, however at leastone rnember of any committee shall be a member of the Board of Directors. , , ARTICLE IX ' MISCELLANEOUS'PROVl514NS SECTfON 1. Contracts. The Baard of Qirectors may enter into contracts or execute and ' deliver'any agreement in the name of the corporation provided the contract or agreement deals with the goals and abjectives of the corporation. Contracts that are in the normal course of daily operation of the corporation's business shaU be signed, entered into and executed by the CEO or the Board's duly authorized agent. Washington Wornen's , , , , ' Employment &fducatlon -8ylaws Page 7 . R ARTICLE X AMENDMENTS SECTION 1. The By-Laws may be altered, amended, or repealed at any meeting of the Board of Directors at which a quorum is present by the affirmative vote of two-thirds of the dirertars present at such a meeting. I do hereby certify that the foregoing By-taws, consisting of eight pages, are a true and torrect copy of By-laws of the Washington Women's Employment and Education, Inc. adopted as amended by the Board of Directars at the regula� meeting on luly 18, 2�7. SECTION 2. Repealr °ACI priar bylaws of the corporation not hereinabove contafned or inconsistent with or in conflict with tfie foregoing bylaws are hereby repealed. Adopted 1982 Revised: July 1993 March 1997 July 1999 November 2003 April 2006 February 2048 lune 2010 September 2010 DAiE: September 15, 2010 Washingto� Women's Employment & Education - Bylaws /' �----- � ��!°/ C-.�-.----- ���� Bannie Sellen Page 9 Dear Friends of WWEE: Thank you for your continuing support. WWEE and our graduates had a successful year because of Yau! WWEE empowers low-income women and men from Pierce and King Counties to create better lives for themselves and their families. We accomplish this by teaching the skills that enable people to find - and keep - jobs that provide a genuine living wage. We start with job-readiness, computer and workplace skills training, as well as housing assistance and support services, to lay the groundwork for economic independence. HEAL, HOPE, TRANSFORM. WWEE knows that change takes fime, so we provide long-term support as participants move through the process of securing living-wage employment. Participants rediscover their self-esteem and self-confidence, learn to set and achieve goals, and begin to HEAL pains of the past. This process empowers individuals with the HOPE to envision a better life for themselves and creates the commitment and motivation to TRANSFORM their lives and the lives of their families. Finding a job continues to be challenging. The recovery is slow, and WWEE graduates compete in an intense job market. To facilitate the job-search process, our Employment Services staff provides one-on-one coaching and small-group discussions for graduates. In addition, our staff works with prospective employers to match their needs with the skill, mofivation, commitment and professional work ethics of WWEE graduates. REAL SUCCESS — for real people: •The number of WWEE participants achieving employment rose again over the previous year! •Income increased by 339%, climbing from a monthly average of $499 to $2,194! Commitment and vision by our Board of Directors, dedication and compassion by the staff, coupled with the ongoing support of donors, enables WWEE to make a difference in the lives of our participants and our community. Warm regards, �i� ___� Robin Lester, CEO � ��� Alice Aumoeualogo, Board President � CITY OF CITY HALL '�,,�'�.., Federa I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoflederahvay. com City of Federal Way Human Services Contract for 2013-2014 General Fund Authorized Signatures for Invoices I authorize the following individuals to sign invoices and quarterly reports on behalf of: `(//�KZ�t/P�V i�/A�167�!'s �"7Y�d�i11�1/`T �' �!�'�,�flan/ (Contracting Agency), for the following: �E%�f �LGtS. (Program Title). Authorizing Signature: (must be signed by person who signs fhe contract, generally, Executive Director) Name) � (Title) ....................................................................................................__................................................................................................................................._.............................................................................................__._..�...._. Additional Authorized Signature: Additional Authorized Signature: � �� �, �� '� � ! � • ' � ' (Printed Name (Date) Note: It is the responsibility of the contractor to inform the City of Federal Way if they wish to add a name to or delete names from this list. A� � DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE ll�as�aoia THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED �PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. .� ORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s. CON�A T PRODUCER . Lj►ISZS Pritchatt Alaska USA Iasuraace Brokers P.O. Sox 110699 Tacoma INSUREO 11- WashiaQton Wcsnea's 8�loymeat & Educatioa, Iac 3516 South 47th St Suite 205 TaCaaa WA 98409 ,.,• (253)534-7700 p�.Nol:(353)53�-7709 l.pritchett@alsskausainsuraaca.co� ; ,,. 00059304 c: COVERAGES CERTIFICATE NUMBER:la/13 REViSION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 MM/uDDY EFF PO�JC�Y EXP LIMITS GENERAL LIABIUTY EACH OCCURRENCE S 1, 000 � 00 X COMMERCIAL CiENERAL LIABIUTY PR MISES e E ZOO� OOO %� CLAIMS-INADE � OCCUR 7C K9490]8 is/31/ZO1] lZ/31/Z013 MED EXP one S 5i D�Q PERSONAL & ADV INJURY i 1� 000 � 000 GENERAL AGGREGATE E a� O00 � OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGf3 S Z i �OO � OOQ X POLICY PR� LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a 1� 000� OOO (Ee accident) ANY AUTO BOOILY INJURY (Per persan) S A ALLOWNEDAUTOS �x9a9oas i/31/1012 1/31/3013 BODILY INJURY (Per aaident) S SCHEOULED AUTOS PROPERTY DAMACaE a x HiRED AUTOS �P°r ��� x NON-OWNED AUTOS a S UMBREUA I.IAB OCCUR EACH OCCURRENCE 3 EXCESS UAB CLAIMS-MADE AGGREGATE S DEDUCTIBLE S RETENTION S s VYORKERS COMPENSATION WC STATU- OTH- , AND EMPLOYER3' LIABiLITY � ANY PROPRIETOR/PARTNER/EXECUTIVE � N� A E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory io NH) E.L. DISEASE - EA EMPLOYE S Ifyes describe u�der DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S DE3CRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Alhch ACORD 101, Addidonal RemaAcs SehedWe, B moro spaee is requlrod) City of Federal way, it'a Electe8 Officiala, A,p�oiated officials, P�loyees & AQenta are Additional iasured on the Oeaeral Liability policy, but oaly arith resyect to work done by or oa behalf of the Named iaaured. Subj•ct to policy- t�rms, conditioas & excluaions. } City of Federal Way ATTN Dee Dee Catalaao 33325 8th Aveaue South Federal Way, wA 98003 ACORD 25 (2009/08) INS025 �2aosos) SHOULD ANY OF TME ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION3. AUTHORIZEO REPRESENTATNE Lyna Pritchett/PRITCfI �'� �"— - � 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD