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AG 15-099 II RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CD/CS 2. ORIGINATING STAFF PERSON:_DEE DEE CATALANO EXT: _2651 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT X HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: EMERGENCY FEEDING PROGRAM 6. NAME OF CONTRACTOR:_EMERGENCY FEEDING PROGRAM OF SEATTLE-KING COUNTY ADDRESS: 851 HOUSER WAY N,RENTON,WA 98057 TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:X SCOPE,WORK OR SERVICES X COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE X ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 01/01/2015 COMPLETION DATE: 12/31/2016 9. TOTAL COMPENSATION $10,000 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 001-7300-083-562-10-410 10. DOCUMENT/CONTRACT REVIEW 2.1A /D• E ' VIEWED INITIAL/DATE APPROVED PROJECT MANAGER 41/ALVAMINPvZoi4- - DIRECTOR JAINM7. `7 ' - Ay ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW T' ♦ ��ii 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �j El SENT TO VENDOR/CONTRACTOR DATE SENT: ! b ( DATE REC'D:(// Y i ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFI ATE, ICENSES,�EXHIBITS I IAL/DATE SIGNED )(LAW DEPARTMENT /,'(?o// ❑ CHIEF OF STAFF 'SIGNATORY(MAYOR O• : CTOR 41 05 ►y S CITY CLERK 0 -i • ASSIGNED AG# ~ l - LCSIGNED COPY RETURNED DATE SENT: 0 AL' COMMENTS: - (Mo / UD3 c` Q 10. 19(eti ((J(M ' Q (Weal( 4 0 6e ✓e_- 111 2,' /. \I Caldift4 Ve 11,4101(1 Cir414 11/9 CITY OF CITY HALL Federal 33325 8th Avenue South Way Federal Way,WA 98003-6325 (253) 835-7000 www cityofederalway corn HUMAN SERVICES AGREEMENT FOR EMERGENCY FEEDING PROGRAM This Human Services Agreement("Agreement")is made between the City of Federal Way,a Washington municipal corporation("City"),and Emergency Feeding Program of Seattle-King County,a nonprofit agency("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: EMERGENCY FEEDING PROGRAM OF CITY OF FEDERAL WAY: SEATTLE-KING COUNTY Denise Catalano Glenn Turner 33325 8th Ave. S. 851 Houser Way N, #A Federal Way, WA 98003-6325 Renton, WA 98057 (253) 835-2651 (telephone) (253) 835-2609 (facsimile) (206) 329-0300 (telephone) Denise.catalano @cityoffederalway.com gturner@emergencyfeeding.org The Parties agree as follows: 1. TERM. The term of this Agreement shall be for a period of two (2) years commencing on January 1, 2015 and terminating on December 31, 2016 ("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 Agreement.Services shall be subject,at all times,to inspection by and approval of the City,but the making(or failure or delay in making)such inspection or approval shall not relieve 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 maximum amount and according to a rate or method as delineated in Exhibit`B", attached hereto and incorporated by this reference. The City shall reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit`B". The Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. HUMAN SERVICES AGREEMENT - 1 - 1/2015 ` CITY OF 33325 8th Avenue South ,�...., Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www crryotfedera/way.corn 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. 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 all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute.In that event,the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice.The Agency shall submit its final invoice by the date indicated on Exhibit`B".If the Agency's final invoice,supporting documentation,and reports are not submitted by the last date specified in Exhibit`B",the City shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice;provided, however,that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget.The Agency shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit`B".The Agency shall request 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 Project/Program 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-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period,the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period,and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 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 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 AGREEMENT - 2 - 1/2015 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederatway.com 5.3 City 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,and/or litigation expenses to or by any and all persons or entities,including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors,or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency,their agents,representatives,employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits.The Agency agrees to carry as a minimum,the following insurance,in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises,operations,independent contractors,products-completed operations,stop gap liability,personal injury,bodily injury,death,property damage,products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and$2,000,000 general aggregate. b. Workers'compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with 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 Liability. Agency's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency's insurance coverage shall be primary insurance as respect the City.Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Agency's insurance and shall not contribute with it. 6.3. Additional Insured,Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement,Agency shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit"C"and incorporated by this reference. At 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 Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. HUMAN SERVICES AGREEMENT - 3 - 1/2015 CITY OF CITY HALL 41/4, �� 33325 8th Avenue South ;. Federal y Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway.com 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be maintained for a period of six(6)years after the termination of this Agreement and may be subject,at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT 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 shall utilize all protection necessary for that purpose.All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work.The Agency shall pay all income and other taxes due except as specifically provided in Section 4.Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency,shall not be deemed to convert this Agreement to an employment contract. 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. EQUAL OPPORTUNITY EMPLOYER.In all services,programs,activities,hiring,and employment made possible by or resulting from this Agreement or any subcontract,there shall be no discrimination by Agency or its subcontractors of any level,or any of those entities'employees,agents,sub-agencies,or representatives against any person because of sex,age(except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW,Title VI of the Civil Rights Act of 1964,the Americans With Disabilities Act,Section 504 of the Rehabilitation Act of 1973,49 CFR Part 21,21.5 and 26,or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 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 agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Agency nor the City shall have the right to transfer or assign, in whole or in part,any or all of its obligations and rights hereunder without the prior written consent of the other Party.If the non- HUMAN SERVICES AGREEMENT -4 - 1/2015 CITY OF CITY HALL 116, 33325 8th Avenue South ;. Fe d e ra l Way Federal Way,WA 98003-6325 (253) 835-7000 www.crtyoffederaI ay.corn 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 Compliance with Laws. The Agency shall comply with and perform the Services in accordance with all applicable federal,state,local,and city laws including,without limitation,all City codes,ordinances,resolutions,regulations, rules,standards and policies,as now existing or hereafter amended,adopted,or made effective.If a violation of the City's Ethics Resolution No.91-54,as amended,occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void,at the City's option. 13.4 Enforcement.Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor.Adherence to completion dates set forth in the description of the Services is essential to the Agency's performance of this Agreement.Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement.Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail,postage prepaid,to the address set forth above.Any notice so posted in the United States mail shall be deemed received three(3)days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive,but shall be cumulative with all other remedies available to the City at law,in equity or by statute.The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement,or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default.Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default.This Agreement shall be made in,governed by,and interpreted in accordance with the laws of the State of Washington.If the Parties are unable to settle any dispute,difference or claim arising from this Agreement,the exclusive means of resolving that dispute,difference,or claim Y p g l�' g p claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court,King County,Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County,Washington and waives any objection that such courts are an inconvenient forum.If either Party brings any claim or lawsuit arising from this Agreement,each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit,including all appeals,in addition to any other recovery or award provided by law;provided,however,however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution.Each individual executing this Agreement on behalf of the City and Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement.This Agreement 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 complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] HUMAN SERVICES AGREEMENT - 5 - 1/2015 r CITY OF CITY HALL 33325 8th Avenue South •00 ,, Federal Way Federal Way,WA 98003-6325 (253)835-7000 www cityoffederalway.com IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: -rk, Stephanie Co •I C MIC'OWL fit. MORALES) REC,rv2. 0mmuov T}/DEVI✓LOQMart-DEritgatfor APPROVED AS TO FO' : /, DATE: LS/Z./ 170 -1!>1 City Attorney,Amy Jo Pearsall EMERG7 FEEDING PR OF SEATTLE-KING COUNTY By: Printed Name: vLf._.".1a..) Title: -K- C-u`c )f O vLCi a-- DATE: LA /2-L( / 1`; STATE OF WASHINGTON ) ) ss. COUNTY OF s'ic ) before me C�vl G�-� - ' to me known to be the On this day personally appeared be �1 / , Y p Y pP CiCe ccc,-h vE Di re cf c -- of r_v, Feed,3-- /�l-0 Mtn-, that executed the foregoing instrument,and acknowledged the said ins ent1 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„plitiriAgial seal this Zt day of L_ , 20 f.f �,. , O CA 442.,®� 0°4(2'. o�M E4;0 :O rootary's signature �O T A A Iitary's printed name I D Ca£ff c) ®° = Notary Public in and for the State of Washington. :z' ▪ '• �►':,y j-UBL‘‘-' k;:O• My commission expires �'/c // 6 • ST9 \ �'?°•°� HUMAN SERVICES AGREEMENT - 6 - 1/2015 CITY OF CITY HALL �...., Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www cityooffederalway.corn EXHIBIT A SERVICES Project Summary The Agency shall providea variety of nutritionally balanced non-perishable food packs at multiple locations 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: 1st 2nd 3rd 4th Quarter Quarter Quarter Quarter Total JAN.— APRIL— JULY— OCT.— MARCH JUNE SEPT. DEC. No. of unduplicated Federal Way persons assisted in 2015 104 104 104 105 417 No. of unduplicated Federal Way persons assisted in 2016 104 104 104 105 417 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: 1s`Quarter 2nd 3rd 4th JAN.— Quarter Quarter Quarter Total MARCH APRIL— JULY— OCT.— JUNE SEPT. DEC. 2015 1. Food/Meal Equivalent 625 625 625 625 2,500 2016 1. Food/Meal Equivalent 625 625 625 625 2,500 HUMAN SERVICES AGREEMENT - 7 - 1/2015 CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way,WA 98003-6325 (253)835-7000 www crtyoffederalway.com C. Definition of Services 1. Food/Meal Equivalent: One service unit is equal to one meal equivalent. Each food pack provides 6 meals for each person in the household. D. Performance Measure(s) Outcome(s)to be reported: 1. Individuals and 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 Board or 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 - 1/2015 ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003 003 -6325 (253) 835-7000 www.at yoffederat way.corn 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. King County FY 2015 income Limits Summary Median FY 2015 Income Income 1 2 3 4 5 6 7 8 King Limit Person Persons Persons Persons Persons Persons Persons Persons County Category Extremely Low (30%) $18,850 $21,550 $24,250 $26,900 $29,100 $32,570 $36,730 $40,890 Income Limits Very Low $89,600 (50%) $31,400 $35,850 $40,350 $44,800 $48,400 $52,000 $55,600 $59,150 Income Limits Low (80%) $46,100 $52,650 $59,250 $65,800 $71,100 $76,350 $81,600 $86,900 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(on the dates outlined in Exhibit B) and annually on a Service Unit Report to be provided by the City in the format requested by the City. The Agency shall also submit a quarterly Narrative Report describing the program's accomplishments and explaining any variance in quarterly service units that is more than twenty-five percent over or under the quarterly goal. 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 - 1/2015 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway.com EXHIBIT B 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$10,000. A. City of Federal Way Funds 2015 2016 City of Federal Way General Fund: $5,000 $5,000 Total City of Federal Way Funds: $5,000 $5,000 B. Line Item Budget 2015 2016 Personnel Services (detail below) $5,000 $5,000 Office or Operating Supplies $ $ Rent&Utilities $ $ Communications $ $ Travel and Training $ $ Other(specify): $ $ Client Travel $ $ Administration(Overhead) $ $ Total City of Federal Way Funds: $5,000 $5,000 C. Personnel Detail Position Full Annual Salary Position Title Time Equivalent and Benefits HS Funds Office Manager .13 $38,000 $5,000 Total: .13 $38,000 $5,000 Reimbursement Requests and Service Unit Report forms shall be submitted no less frequently than quarterly and are due on the following dates: 1st 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. HUMAN SERVICES AGREEMENT - 10 - 1/2015 I Ahi CITY OF CITY HALL , 33325 Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www atyoffederahvay.coin Estimated Quarterly Payments: 2015 1st Qtr $1,250 2nd Qtr $1,250 3rd Qtr $1,250 4th Qtr $1,250 2016 1St Qtr $1,250 2nd Qtr $1,250 3`d Qtr $1,250 4th Qtr $1,250 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 any specific funding conditions identified for the Agency and acknowledges that payment to the Agency will not be made unless the funding conditions are met. HUMAN SERVICES AGREEMENT - 11 - 1/2015 Ecln'tb`14 C CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/09/2015 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 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: 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). PRODUCER CONTACT NAME: Karl Robinson All Pro Risk Management,Inc. (AH/CNN F,w.206-723-1276 FAX No):206-723-1358 3047 78th Avenue SE E-MAIL art r iilc.com ADDRESS: k G g Suite 202 INSURER(S)AFFORDING COVERAGE NAIC# Mercer Island WA 98040 INSURER A: Philadelphia Insurance Company INSURED INSURER B: Emergency Feeding Program INSURER C: 851 Houser Way N INSURER D: Renton WA 98057 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR iNg11 WVI1 POLICY NUMBER (MM/DD/YYYYI IMM/DDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE A X CLAIMS MADE X OCCUR PREM SFSO(Fa occurrence) $100,000 _ PHPK1270605 12/31/2014 12/31/2015 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 X POLICY 78-i LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000 (Ea accident) _ > > A ANY AUTO BODILY INJURY(Per person) $1,000,000 X ALL O SCHEDULED AUU TOS S AUTOS PHPK1270605 12/31/2014 12/31/2015 BODILYINJURY(Peraccident) $1,000,000 — NON-OWNED PROPERTY DAMAGE $1,000 000 X HIRED AUTOS AUTOS (Per accident) r UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STAT IITF FR A OFFICER/MEM EREXC UDED?ECUTIVE Y/N N/A PHPK1270605 12/31/2014 12/31/2015 E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 eSsC ReTIrObN e OF OP ERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability PHPK1270605 12/31/2014 12/31/2015 $1,000,000 A Washington Stop Gap PHPK1270605 12/31/2014 12/31/2015 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Federal Way,It's Officials,Employees and Volunteers is an Additional Insured CERTIFICATE HOLDER CANCELLATION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE <KR> I _ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD �.:.f ortC EMERGENCY FEEDING PROGRAM SEATTLE KING COUNTY April 24,2013 To Whom It May Concern: This verifies that at its meeting of February 13,2013, the Board of Directors of the Emergency Feeding Program of Seattle&King County has hired Glenn Turner to serve as the program's Interim Executive Director. The Executive Director of the Emergency Feeding Program is authorized to sign contracts on the program's behalf. :31,(---1,-------.—__________ ' Darwyn Anderson Chair,EFP Board of Directors (206) 355-0378 Andersdb @aoLcom www.emergencyfeeding.org P.O.Box 18877•Seattle,WA 98118-0877 Main Office 206/329-0300•Eastside 425/653-1652•Fax 206/860-8200 4'MERGENCY FEEDING PROGRAM SEATTLE KING COUNTY a'NCf 1977 EFP BOARD OF DIRECTORS MEETING MINUTES Date: April 16th, 2014 Location: EFP Office Scribe: Wendi Gall Attendance: Directors: Geoff Parkins, Darwyn Anderson, Wendi Gall, Don Taylor EFP: Glenn Turner 1) CALL TO ORDER i. The meeting was called to order by Chairman Darwyn Anderson at 6:35 p.m. ii. Opening Prayer by Don Taylor 2) MINUTES OF THE March 19,2014 Board Meeting Motion: Director Parkins moved to accept the March Meeting Minutes with the discussed revisions. Director Taylor seconded. Motion approved unanimously. 3) BOARD REPORTS EXECUTIVE DIRECTOR REPORT: i. Executive Director Turner met with the South King County Human Services Planners group to talk about changes to the Mayor's Day of Concern process for 2014.The City of Des Moines has also decided to participate rather than hosting their own food drive. ii. The website refresh project is progressing and the next meeting will be on 4/23 to do a final review. The site will be shared with board members before it goes live to end users. iii. The$12,000 grant from the Ballmer Foundation is expected in the coming weeks. iv. EFP was awarded a$30,000 grant from the Walmart Foundation and we expect the award to be sent this week v. Over 16,000 lbs of food have been donated for the Feinstein Grant drive,which matches food for dollars. This drive will continue until April 30th vi. Outreach Coordinator Ron is starting to promote the Seattle Foundation's Give Big Campaign,which is scheduled for May 6th. vii. The relocation is complete and the final clean-up of the 575 Rainier location has been completed. There is only one utility meter for the two businesses in this new building and a discussion is planned for next week to o temporarily split the charges. However, a clear plan has been requested by the board to split the meter so these expenses can be more accurately measured. viii. Recent events, such as the Open House and ribbon cutting have been well-attended by community members. The Donor Appreciation is scheduled for April 26 at 5 PM. ix. Director Anderson asked Glenn to pull together recognition for former director Willa Blacknall OPERATIONS REPORT: i. The contractual requirements was missed for each month of Q1. Executive Director Turner explained that he met with the City of Seattle and explained that shortfall was due to the move, and that we would be making up the deficit in April. ii. It was requested that pending grant information be provided on a monthly basis EFP Board Minutes April 16, 2014 Page 1 of 2 Motion: Director Gall moved to approve the Executive Director and Operations Reports. Director Taylor seconded. Motion was approved unanimously. 4) MISSION STATEMENT i. New mission and vision statements were circulated and commented on by board members in recent weeks. The proposed mission statement is"Our mission is to provide a nutritional response to people in need of immediate food assistance by collaborating with partner agencies throughout Seattle and King County."The proposed vision statement is"Our vision is that no one in King County will go hungry tonight." Motion: Director Gall moved to approve the proposed mission and vision statements. Director Parkins seconded. Motion was approved unanimously. 5) ANNUAL REPORT i. The draft 2013 Annual Report was reviewed, and it was discussed that the approved report would be posted to the new website. Motion: Director Taylor moved to approve the 2013 Annual Report. Director Parkins seconded. Motion was approved unanimously. �) EXECUTIVE DIRECTOR POSITION i. After a formal hiring process,the Executive Director position was offered to Glenn Turner. ii. Executive Director Turner understands that this is a full time position and shared that he will be resigning from his position at King County Metro. iii. The board will be developing a summary of expectations for the Executive Director position for the next year. 7) PROGRAM COORDINATOR POSITION i. Executive Director Turner shared the current responsibilities of the temporary program coordinator and expressed his support for converting this to a full time position. Glenn feels that the current staffing model has been extremely beneficial to the program. Motion: Director Parkins moved to approve a full-time program coordinator position and initiate a panel-based hiring process. Director Gall seconded. Motion was approved unanimously. 8) BOARD RECRUITMENT ii. Director Gall will be responsible for moving the board recruitment documents to GoogleDocs. These will be revisited so that we may resume the recruitment process. 9) ADJOURNMENT i. The meeting was adjourned with a motion by Director Gall, a second by Director Taylor, and unanimous approval at 7:10 p.m. ii. Next Board Meeting:Wednesday, May 21t, 2014 at 5:30pm at the EFP Offices at 851 Houser Way N Renton,WA. EFP Board Minutes April 16, 2014 Page 2 of 2 CITY OF CITY HALL 411416, 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn City of Federal Way Human Services Contract for 2015-2016 General Fund Authorized Signatures for Invoices I authorize the following individuals to sign invoices and quarterly reports on behalf of: emekkelaty & eRM1 4F sf k1 Okrontracting Agency), for MMr� the following: G I'16 1/v (2koca,A14,\ (Program Title). g CNC Authorizing Si g nature: b2 A .--cAaag Public Sla a of Washington (must be signed by Printed Name) (Title)Y ( ) ( g SOTTO M R $ person who signs MY COMMISSION EXPIRES the contract, \ April 25,2015 generally, Executive Director) "1" 1 15 Signature) (Date) Additional Authorized Signature: (Printed Name) (Title) (Signature) (Date) Additional Authorized Signature: (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.