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AG 13-094RETURN T'O: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CED/HS 2. ORIGINATING STAFF PERSON: DEE DEE CATAr.A1vo EXT: 2651_ 3. DATE REQ. BY: 4. TYPE OF DOCLJMENT (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. sorm xEi,.4�n �octnv�rrrs� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ OTHER 5. PROJECT NAME: SE1vioR N[rrxrriox PROGt� ❑ INTERLOCAL 6. NAME OF CONTRACTOR: FEDERAL WAY SENIOR CENTER ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES X COMPENSATION X INSURANCE REQUIItEMENTS/CERTIFICATE O ALL OTHER REFERENCED EXHIBTTS X PROOF OF AUTHORITY TO SIGN ❑ REQUIItED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: O1/O1/2013 COMPLETION DATE: 12/31/2014 9. TOTAL COMPENSATION $40,000 (INCLUDE EXPENSES AND SALES TAX, ��) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TTI'LES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ 1�s ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ _ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: O CONTRACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: 001-7300-083-562-10-410 10. DOCUMENT/CONTRACT REVIEW I1�TI / DAT REVIE D IrTITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ' �!i/ ❑ RISK MANAGEMENT (g' �PL�C.�sLE) ❑ LAW ��� � 11. COiTNCIL APPROVAL (g' nrrr.iC.4sr�) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING / /7 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �! �'3I� DATE REC'D: Ii ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTM ❑ SIGNATORY AYOR R DIRECTOR� ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: AG# �� DATE SENT: 11/9 � CITII OF "�•�..., Federal CITY HALL ��� 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 ww�! cityoffederahvay. com HUMAN SERVICES AGREEMENT FOR SENIOR NUTRITION This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Federal Way Senior Center, 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: FEDERAL WAY SENIOR CENTER Steve Sandberg 4016 S 352nd St Auburn, Washington 98001 (253) 838-3604 (telephone) steve fwsc(�a,hotmail.com The Parties agree as follows: CITY OF FEDERAL WAY: Denise Catalano 33325 8�' Ave. S. Federal Way, WA 98003-6325 (253) 835-2651 (telephone) (253) 835-2401 (facsimile) .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 all 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 Agreexnent. 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 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 excced a maxixnum amount and according to a rate or method as delineated in E�ibit "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 E�ibit "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 .�... Federal CITY HALL W�� 33325 8th Avenue Sauth Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederah+vsy. com . 4.2 Method of Pavment. 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 docuxnentation 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. 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 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 a11 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 final 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 sha11 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 approval 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-Avvropriation 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 payxnents 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 A�encv 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 indexnnification. 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. HUMAN SERVICES AC'rREEMENT - 2- 4/2011 r � ` CITY OF CITY HALL � 33325 8th Avenue South .,.'�.;, Federal 11Vay Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway com 5.3 Citv Indemnification. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors 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, andlor 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 $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sui�"icient 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 law 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 agreement sha11 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 the City shall be excess of the Agency's insurance and sha11 not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commeroial 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 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 may be produced or modified by Agency while performing the Services shall belong to the City upon delivery. The Agency 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 Agreexnent all originals and copies of any such work product remaining in the possession of Agency sha11 be delivered to the City. HUMAN SERVICES AGREEMENT - 3- 4/2011 ` CITY OF GITY HALL ' � , ,:�..., Federal Way 33325 8th Avenue South Federal Way, WA 9$003-6325 (253) 835-�000 www dtyotfederaJway. com 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and docuxnents 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 sha11 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 AGENCY. The Parties intend that the Agency shall 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 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 sha11 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 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. EOUAL OPPORTiJNITY 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 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 sha11 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 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 agreexnent 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- HUMAN SERVICES AGREEMENT - 4- 4/2011 ` CITY OF '�,,,,'�.., Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. dryoffederalway. com 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. 13.3 Comnliance 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 of this Agreement and each and a11 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 Lfnited States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deem.ed 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 cuxnulative 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 relinquishxnent 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 declaze any breach or default immediately upon occunence 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 Agreeinent shall be made in, govemed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are un�tble to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claixn, 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 sha11 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 sha11 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 may be 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 c;omplete set of all signature and acknowledgment pages. The date upon which the last of a11 of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] HUMAN SERVICES AGREEMENT - 5- 4/2011 ` CITY OF ,� Federal CITY HALL W�� 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-7000 rvia�w cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Slcip Pnes , Mayor DATE: �' • 2� • I � FEDERAL WAY SENIOR CENTER -.►9 � ► '`�' � I . ..� • •! 1.. .�.�...!�tl. , r � u � I � � "1 )l � f • +• � Q i � l� DATE: � IZ� �l3 STATE OF WASHINGTON ) ) ss. COUNTY OF �l ATTEST: City Clerk, Carol McNeilly, MC APPROVED AS TO FORM: aT.�GI/1� -ftJ�? City Atto , Patricia A Richardson On this day personally appeared before me �(2ue,�►� ��v�'+�b2.rr� , to me known to be the �K�,�rP� t�i��r�.�t1Y of fi�d (,�9G�. yr �(�•� that executed the foregoing instrument, and acknowledged the said instr ent 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this �" day of nv�o�rti�1 , 20�3 . NICOIETA E. COVACIU NOTARY PUBLIC STATE OF WASNINGTON MY COMMISSION EXPIRES 12-10-14 Notary's signature Notary's printed name j�� r��. .�_ C�9vrc,c�SJ Notary Public in and for the State of Washington. My commission expires 1�-� � o'�t�- HUMAN SERVICES AGREEMENT - 6- 4/2011 s � CITY OF ,'�. Federal Way EXHIBIT �A" SERVICES Project Summary CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. city�oflederahvay. com The Agency shall provide senior nutrition programs 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: ls` Quarter 2°d Quarter 3'd Quarter 4te Quarter JAN. — MARCH APRIL - NNE NLY — SEPT. OCT. — DEC. TOt81 No. of unduplicated Federal Wa ersons assisted in 2013 300 300 300 300 1200 No. of unduplicated Federal Wa ersons assisted in 2014 300 300 300 300 1200 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: 1°� Quarter 2°d Quarter 3`d Quarter 4`" Quarter JAN. - MARCH APRIIr NNE JULY — SEPT. OCT. —DEC. TOt81 2013 1. Food/Hot Lunch 1625 1625 1625 1625 6500 2. Food/Food Pantry 7000 7000 7000 7000 22,000 2014 1. Food/Hot Lunch 1625 1625 1625 1625 6500 2. Food/Food Pantxy 7000 7000 7000 7000 22 000 HUMAN SERVICES AGREEMENT - 7- 4/2011 ` CITY OF ,�.. Federal CITY HALL way 33325 8th Avenue South FederaE Way, WA 98003-6325 (253) 835-7000 www cityoflederahvay. com C. Definition of Services 1. Food/Hot Lunch: One service unit equals one hot lunch. 2. Food/Food Pantry: One service unit equals each individual family member who receives food from our Food Pantry on each visit. In other words, if a person comes to our Food Pantry and picks up food for 5 family members, that equals 5 service units. D. Outcome(s) Outcome(s) to be reported: 1. Individuals and/or families will have increased access to food and clothing. 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 Boazd 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. HUMAN SERVICES AGREEMENT - 8- 4/2011 � CITY OF � Federal � CITY HALL W�� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalwey. com 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 periodia.ally by HUD. Y. . � .. , .:� .. :: ,,, . .� �.. _ Kin��o�rritt,yy`fY'�Oi3 Intorrie Ei�ni�s 3+rliril't�a� ; ��x ` �� k`��£� a��.; Median �ncome 1 2 3 4 5 6 7 8 Income �im�t Person Persons Persons Persons Persons Persons Persons Persons Category 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%) Income $30,350 $34,700 $39,050 $43.350 $46,850 $50,300 $53,800 $57,250 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 shall 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 ` CITY OF � Federal CITY HALL W�� 33325 Sth Avenue South Federal Way, WA 98003-6325 (253)835-7000 www crtyotfederalway.com EXHIBIT KB" 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 sha11 not exceed $40,000. A. City of Federal Way Funds 2013 2014 Ci of Federal Wa General Fund: $20,000 $20,000 Total Ci of Federal Wa Funds: $20,000 $20,000 B. Line Item Bud et 2013 2014 Personnel Services detail below $20,000 $20 000 Office or eratin Su lies $ $ Rent & Utilities $ $ Comxnunications $ $ Travel and Trainin $ $ Other s eci $ $ Client Travel $ $ Administration Overhead $ $ Total Ci of Federal Wa Funds: $20 000 $20 000 C. Personnel Detail Position Title Position Full Annual Salary HS Funds Time E uivalent and Benefits Lead Cook 1.0 $22,255 $16,600 Assistant Cook 0.2 $4,451 $3,400 Total: $26 706 $20 000 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 0utcome 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. HUMAN SERVICES AGREEMENT - 10 - 4/2011 ` CITY OF �,,�..... Federal Estimated Quarterly Payments: 2013 i st Qtr 2nd Qtr 3rd Qtr 4th Qtr 2014 1 �` Qtr 2nd Qt2, 3'� Qtr 4�' Qtr $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 CITY HALL W�� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoi/ederahvay. com 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 payments 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 ` CITY OF CITY HALL �,,�...., Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 9ga�03-�3�5 (253)835-7000 www. atyoflederalway. cam 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: � (Contracting Agency), for � the following: �Pan�e�r ����r����h.- (Program Title). Authorizing Signature: (must be signed by person who signs fhe contract, generally, Executive Director) (Printed Name) ,) � =�V � (Title) 2�/ t3 (Date) ..... _ ................................ _........................................................................................................................................................................................................................................................................................... _...... � _..,......... Additional Authorized Signature: Additional Authorized Signature: GN R-�5 �. �-R.o�� I�feS .�owre� o� T��c SrteeS (Pri,qteql Name) f, „ (Title) 3 -�7- �3 (Date) (Printed Name) (Title) (Signature) (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. �, ,.� � � Board Meeting 11 / 18/2011 Chris Brown Glen Lee (absent) Bernice Hamling Ruth Cole Wayne Triplett Beverly Triplett ` Steve Sandberg The minutes of the October 21� meeting were reviewed and appraved as written Raudy Chun was approached as a candidate to ta�e over the lead on the 20114Culture grant vacated by June Secreto. He expressed no interes� . �ie are still awaiting news as to whether the Muckleshoot Charity �uxid will fund :our restroom restoration this yeaz. If we do not hear from them by the end o� fhe year �we can :�� be pretty confident we are not going to be funded. The�day be�ore the Federal Way Diversity Commission was scheduled to hold its Senior Forum he're at the Center our fumace stopped running. The day of the forum the technicians from Beacon Plumbing pronounced it DIP, dead-�i-pYaee, that is. Tl�e gas valve was bad and it was discovered the heat exchanger was �eat�i�g. Friend of the .. Senior Center, Hazry Bowen, works at Beacon and got us a very good deal on a new 95% �� effcien� furnace for $5000 and change; saving us over $1000:� �ortunately, our,�ancial si�tuation was sufficiently improved that the Bxecutive Director suffered only minor chest pains upon heari.ng the news. Councilwoman-elect, Susan Honda, was in attendanee at the forum and will investigate the possibility of the City grauting us emergency fu8ding for its replacement. , (�ur improved finaucial condition was the result of a recenf infi�sion of 3'� quarter money _ fro'm our CDBG and Nutrition grants. 1'he two of these together �irou�t i� $8858: Two motions were brought before the Board regarding the interim status title for�both Ste�e and Ruth. It was approved that Steve will now be the non-interim Executive Director (with all the prestige and accolades entitled thereto) and Ruth will be the Office Manager. � It wa►s with great pleasure that the Board of Trustees welcomed. Beverley Triplett to its . mem�ership with a unanimous vote. _ ' A discussion was once again engaged regardiag the transfer of owne�ship from the 1 Lakeland Community Club to the FWSC. This time it was decided the�Board needs to „� g"enerate a clear vision for the Center into the futixre that the Lakeland Board can review before w� institute a meeting. This vision would eschew all plans ICAI�=re�at�ed and . focus on keeping and maintaining what we have - with improveinents, i€ fmanciaIly :� viable; _ : � < -sjs- 11/03/2011 0 . Fro n�. 0 u r Qc.� - l.C�c� S , Section 4. 02 . Executive Director. The Board of Trustees is autliorized to hire �n EYecutive Direct�r or a�point a vol�.ulteer to be responsible for the daily operation of tlie org�.�iizatio« at�d for carryii�g out tl�e decisions �u�d policies bf the Board. The EYeeutive Director wili i�ot be a meinber of the Board.The Executive Director, acting in accorda�ice with the poliees set by the Board of Trustees, shall have _iitll auChority to matiage and supervise all aspects of the Ceiiter's business, property, personnel and Frogram. � Section 4. 03 . A.dministrative Board. In the absence of an Executive Director, - ttie �3oard oi'"rivstees may fuiiction as a�� adini�iistrative Board �vhose duties are: 1. A full-tinie �vorking Board whose members may not receive a salary; 2. M�kes decisions regarding pro�ratn a�id policy a�id acts as a plural „ cliief e:tecutive of the Federal Way Senior Center; � 3. Tilistees cariy out their own policies througli administrative activities. � Section 4.04. Board/Staff/Volunteers Relati.onship and � Responsibilities . Tl�e Bo�ud ofTrlistees and tli� staff ofthe Federal Way Senior �ex�ter inL�st lie iu partiiership �vhose ultimate goal is to serve the elderly: This partnersliip can only iiiove toward tl�at goal if eacli part�ier u�lderstands and performs its part of the job. Generai Priiiciples: A, The Bo�xd o�'I'rustees is tl�e policy�vakin�; group. It is the respo�isibility of tlie Board to establish broad, gc�zei�-il statetneizts of «�hat tihey tivant the prograni to accomplisli; or general� statenleiits on l�o�v it slxould fi�nclioli. � � E3; T'he job of the.staff, under direction of t11e rsecutive Director, to carry out tfie program on a day-to-day basis. C; Iil tJ�is p�tnerslzip, ihe Board of Trustees tiv�tli the Esecuti��e Director work together to plan palicy'�.t�d'to revie�v and e�alitate policy and prograni. Tlaey act separately in that the Board of " '1'rustees sets t11e policy aiid the �Yecutive Director carries it out.vvitli staff. - - � D: Thc Board oF Trustees' liiie of comxriunic�itiol� with tlie staff is always through tlie Executiv� Directnr. I3oard �netnbers «ill nut atteilipt to deal directly �vitli staf�or volunteers. It is i��iportaiit to respect lines.of authocity and lines of cQminuiucation. ' �- �. The 13o.ard �f Trustees does nof carry on program or interfere witlz staff operation.' The Gxeculive Director directs tl�e st�i:ff. Any questions or probleins in relation to the operation of th�e �ro�;t�lin ar fiuiction of lhe statt sl�ould ve taken up with hiii� oi• her: -. , � � F H I LAD E L P H IA one Bai� piaZa, Suite 100 INSURANCE COMPANIES Bala Cynwyd, Pennsylvania 19004 ------------_. _�__ _--- --- ------ 610.617.7900 Fax 610.617.7940 ;! hlember of the Tokia Maiine Gmup PHLY.COfYI Philadelphia lndemnity Insurance Company COMMON POLICY DECLARATIONS Policy Number: pHPK891258 Named Insured and Mailing Address: Federal Way Senior Center 4016 S 352nd St Auburn, WA 98001-9043 Policy Period From: 08/01/2012 To: 08/O1/2013 Business Description: Non Profit Organization Producer: 4094 HENTSCHELL & ASSOCIATES INC. . 621 PACIFIC AVENUE SUITE 400 TACOMA„ WA 98402 at 12:01 A.M Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POUCY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STAT�D IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part 1,205.00 Commercial General Liability Coverage Part 975.00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Businessowners Workers Compensation Professional Liability Stop Gap Liability Total Total Includes Federal Terrorism Risk Insurance Act Coverage 346.00 2,71�.00 100.00 $ 5,343.�D0 FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule . , ��ts if shown in � . - ��,�_r/� _.. ` � .��� CPD-PIIC (01/071 $It�.�.'�`j�iv y� � ,/ %� Date AuthorizE� Representative 1 � 00 Philadelphia lndemnity Insurance Company Additional Insured Schedule Policy Number: PHPK891258 Additional Insured KING COUNTY DEPT. OF HUMAN SERVICES 414 SMITH TOWER SEATTLE, VNA 98104 CG2026 - WA - Loc #1 - 334 (CLUB-CIVIC-BLDG OWN/LEASE-NFP) CG2026 - WA - Loc #1 - 334 (DAY CARE CENTER-NFP) CG2026 - WA - Loc #1 - 334 (HEALTH CARE FACILITY-AGED-NFP) Additional Insured LAKELAND COMMUNITY CLUB �437 S. 348 TH PLACE AUBURN, WA 98001 CG2011 - WA - Loc #1 - 334 (CLUB-CIVIGBLDG OWN/LEASE-NFP) CG2011 - WA - Loc #1 - 334 (DAY CARE CENTER-NFP) CG2011 - WA - Loc #1 - 334 (HEALTH CARE FA�ILITY-AGED-NFP) Additional Insured SEATTLE DEPT. OF HOUSING & HUMAN SERVICE 618 2ND AVENUE SEATTLE, WA 98104-2232 CG2026 - WA - Loc #1 - 334 (CLUB-CIVIC-BLDG OWN/LEASE-NFP) CG2026 - WA - Loc #1 - 334 (DAY CARE CENTER-NFP) � CG2026 - WA - Loc #1 - 334 (HEALTH CARE FACILITY-AGED-NFP) Additional Insured KING COUNTY ITS OFFICERS,EMPLOYEES,OFFICIALS&AGENTS AGING PROGRAM - KING CO COMM SERV DIV 821 2nd Ave Ste 500 Exchange Bldg Seattle, WA 98104-1537 CG2026 - General Liability Page 1 of 2 Philadelphia lndemnity Insurance Company Additional Insured Schedule Policy Number: PHPK891258 Additional Insured City of Federal Way, its officers, employees, officials & agents PO Box 9718 Federal Way, WA 98063-9718 CG2026 - WA - Loc # 1 Page 2 of 2 Federal Way Senior Center Schedules of Insurance 7/9/2012 Hent�-:hell & Associates, Inc. Professional Liability Aggregate Limit $2,000,000 Each Professional Incident $1,000,000 To p�y on behaTf of the insured as damages because of a covered negligent act arising of the performance of professional services for others. Excess Liability Each Occurrence WE HIGHL1( RECOM�UIEND HIGHER LIMITS OF LIABIUTY. f�[�1�1� These schedules are provided as a brief outline of your policy. You must refer to the provisions found in your policy for the details of your coverages, terms, conditions and exclusions that apply. �