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PRHSPSC PKT 02-11-2020City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee February 11, 2020 City Hall 5:00 p.m. City Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/ Description A. Approval of December 10, 2019 Minutes B. DSHS Respite Care in Community Settings C. Monthly Report on PAEC Operations D. 2020 Parks & Recreation Commission Work Plan E. Parks Property Tax Levy Agreement F. FielclTurf USA, Inc. Retainage Release G. Report on Crime Statistics and Jail Services H. Valley SWAT Interlocal Agreement Addendum I. New Allocation MOU's for FY17, FY18 and FY19 JAG Award J. Agreement with Federal Way Youth Action Team for Capacity Building and Community Support K. Agreement with Phenomenal She for After School Programming L. Agreement with EI Centro de la Raza for After School Programming Committee Members Linda Kochmar, Chair Lydia Asseffa-Dawson K:\PRHSPS Committee\2020\02-11-2020 Agenda.doc Presenter Page Action Council or Info Date 3 Action N/A Hutchinson 7 Action Consent 2/18/20 Gressett N/A Information N/A Gerwen 27 Action Consent 2/18/20 Ikerd 29 Action Consent 2/18/20 Ikerd 31 Action Consent 2/18/20 Hwang N/A Information N/A Hwang 33 Action Consent 2/18/20 Hwang 41 Action Consent 2/18/20 Bridgeford 53 Action Consent 2/18/20 Bridgeford 87 Action Consent 2/18/20 Bridgeford 117 Action Consent 2/18/20 City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II M. Agreement with Boys and Girls Clubs of King County for Bridgeford 147 Action Consent After School Programming 2/18/20 N. Resolution: Pooling Funding between South King Bridgeford 177 Action Consent Housing and Homelessness Partners (SKHHP) Cities 2/18/20 Related to Affordable and Supportive Housing — Sales and Use Tax (RCW 82.14.540) as Authorized by Substitute House Bill (SHB) 1406 0. Ordinance: Revising FWRC 6.35.030 — Pedestrian Rhoades 189 Action Ordinance Interference 2/18/20 4. OTHER 5. FUTURE MEETING: The next PRHSPS meeting will be March 10, 2020 at 5:00 p.m. in City Hall Council Chambers 6. ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalway.com. Committee Members City Staff Linda Kochmar, Chair John Hutton, Parks Director Lydia Asseffa-Dawson Mary>aenicke, Administrative Assistant II K:\PRHSPS Committee\2020\02-11-2020 Agenda.doc City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday December 10, 2019 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Johnson, Committee members Koppang and Moore Council Members in Attendance: Deputy Mayor Honda Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, Chief Andy Hwang, John Hutton, Parks Director, Cody Geddes, Recreation Manager, Autumn Gressett, Community Relations/Contract Administrator, and Mary Jaenicke, Administrative Assistant Il. Guests: Brian Hoffman, Spectra General Manager, Dan Hershman, Arts Commission Chair Chair Johnson called the meeting to order at 5:03pm Commission Comment: None Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Koppang motioned to approve the November 12, 2019 minutes as written. Committee member Moore seconded. Motion passed. Monthly Report on PAEC Operations — Information Only Staff Gressett provided the background information. The PAEC was rented / utilized a total of 10 days for the month of November. Staff Gressett reviewed the Theater and the Event space rentals. Total number of events for November 2019 is down from 2018, however the overall rental revenue and food and beverage revenue has increased. Chair Johnson inquired about the marketing for upcoming events. Mr. Hoffman answered that the upcoming events are rentals or a special user group and they handle their own marketing. Deputy Mayor Honda inquired about the naming rights. Mr. Hoffman answered that they are continuing to move forward with the discussions and they recently hired an Assistant General Manager for Food and Beverage to assist with the day to day operations which will allow Mr. Hoffman to focus on naming rights. They are working on lower level partnerships that they are hoping to finalize and bring a report back in January. Arts Commission 2020 Work Plan Staff Geddes presented the Arts Commission 2020 Work Plan. Deputy Mayor Honda inquired about the Piano in the Park program. She asked if the issues that occurred last summer were going to be addressed. Staff Geddes answered that the Piano in the Park is still on the Work Plan, but if they are unable to --- a ress thee sta mg en ey would --Dave o ma e e eci ion n-whetiZec 6r �ro�ta-promote—that program. Mr. Hershman added that he wanted to include this program in the Work Plan, recognizing the issues they had last year. The two requirements that need to be in place for the program to continue are to have park personnel available to secure the piano in the evening and restricting the time use of the piano. The piano would be available for a three week period during the sunny season; approximately the end of July to the middle of August. Deputy Mayor Honda and the committee asked questions regarding other projects on the Work Plan. Committee member Koppang moved to approve the Arts Commission 2020 Work Plan and forward to the January 7, 2020 City Council consent agenda for approval. Committee member Moore seconded. Motion passed. K:\PRHSPS Committee\2019\12-10-2019 Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, December 10, 2019 Summary Page 2 Arts Commission 2020 Contract for Services Staff Geddes reviewed the 2020 allocations with the committee. Committee member Moore asked for information on Northwest Symphony and the Rosebud Children's Theatre. Mr. Hershman answered that the Northwest Symphony is an organization that performs in various locations such as the Highline Performing Arts Center, Benaroya Hall, and some Church events. The symphony has done a program the last few years working closely with the Highline School District; they do a family concert where students from the music programs in the Highline School District perform with the Northwest Symphony at the concert hall. They also work with the students in small and large groups. Mr. Hershman has asked the Northwest Symphony if they could also extend this service to the Federal Way School District students as well. They have done a program for the last three years; it involves both Highline and Federal Way students. The conductor and musicians come to the schools and work with the students. The Northwest Symphony is asking for funding to compensate for the costs of performing in the PAEC Performance Hall. The Rosebud Theatre has been active in Federal Way for numerous years and they put on special performances for elementary students and high school students at various times of the year. They also have a drama camp at the Federal Way Community Center. Committee member Moore asked for data on the youth served by the Northwest Symphony. Mr. Hershman answered that he does not have this information at this time. Deputy Mayor Honda inquired as to why the Children's Dance. Theater requested $5,000 and received $0.00 in funding. Mr. Hershman stated that they are a new organization and that at the time the interviews were conducted they did not have their non-profit status and this was an issue to some of the commissioners. Their dance instruction is for-profit and it runs parallel to the non-profit of the actual performances. Committee member Moore stated that he is comfortable with the Contract for Services but stated that it's important that funding from the City of Federal Way serves Federal Way organizations that are based in Federal Way. Staff Geddes stated that the Arts Commission does their due diligence and that there is a lot of debate and they put in a lot of their time and effort to make sure that the funding is used the right way. Committee member Koppang added that it's important to consider that not every organization that effectively serves the arts community in Federal Way is based in Federal Way, but they're still doing good work. Committee member Koppang stated that funding has been flat or gone down in the last six years. He asked what additional funding would mean to the Arts Community. Mr. Hershman answered that the total dollar amount requested was $95,017.00 and the total amount available was $40,500.00; there is a deficit that is not being addressed. The arts community is maturing and as a consequence there are more organizations asking for money. Committee member Koppang moved to approve the 2020 Arts Commission Contract for Services funding recommendations and forward to the January 7, 2020 City Council consent agenda. Chair Johnson seconded. Motion passed. Committee member Moore recused himself. PSERN Radio End -User Service Level Agreement Puget Sound Emergency Radio Network (PSERN) is an emergency radio system that's used by first responders and encompasses 39 cities in King County. The voters approved to replace the aging radio communication system with a modern, reliable network. This will improve the radio system in Federal Way. The entire project will be completed in July of 2022. This is a service agreement and there is not cost associated with the agreement. Committee member Moore moved to forward the proposed ----------- PSERN ra io en -user se ice-tevetagreenrent-to-the-January--7;-20-2@- t. - -- Committee member Koppang seconded. Motion passed. 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, December 10, 2019 Summary Page 3 Aizreement between the WTSC and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement Chief Hwang stated that the Federal Way Police Department is asking for approval to enter into an agreement with the Washington Traffic Safety Commission to accept a grant in the amount of $19,000 to conduct extra traffic emphasis patrol. The areas of enforcement will focus on impaired driving, seatbelt use, distracted driving, motorcycle safety and Target Zero Teams. This will pay for overtime for the extra enforcement. Committee member Moore moved to forward the Agreement between WTSC and the Federal Way Police Department to the January 7, 2020 Council Consent Agenda for approval. Committee member Koppang seconded. Motion passed. NEXT REGULAR MEETING January 14, 2020 ADJOURNMENT Meeting adjourned at 5:51p.m. 5 This Page Left Blank Intentionally SUBJECT: DSHS RESPITE CARE IN COMMUNITY SETTINGS POLICY QUESTION: Should council accept the respite care in community settings contract as currently written? COMMITTEE: PRHSC MEETING DATE: 2/11/2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing (-1 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kevin HutchinsonDEPT: Parks Attachments: 1. Interlocal Agreement- Respite in Community Settings Options Considered: 1. Approve the Respite in Community Settings contract and forward to the February 4th, 2020 full City Council consent agenda for approval. 2. Do not approve the Respite in Community Settings contract, and provide direction to staff. MAYOR'S RECOMMENDA ON: Option 1 MAYOR APPROVAL:/ sv i D IIRRECTOR APPROVAL: In�e///- AC mittee Counc' Initial/Date Initial ate COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " Committee Chair Committee Member Committee Member _PROPOSED COUNCIL MOTION• " I move roval of the_pro�osed Agreement and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 11 APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # 7 "� Department a[Sracal � INTERLOCAL AGREEMENT DSHS Agreement Number: 2064-72023 ! &HealthServices !� __..._...Tt,mstorrnmg Respite in Community Settings fives This Agreement is by and between the State of Washington Department Program Contract Number: of Social and Health Services (DSHS) and the Contractor identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter Contractor Contract Number: 1117780 01 39.34 RCW. CONTRACTOR NAME CONTRACTOR doing business as (DBA) City of Federal Way City of Federal Way CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER (UBI) 33325 8th Ave S Federal Way, WA 98063-9718 601-223-538 70364 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Kevin Hutchinson (253) 835-6927 (253) 835-6929 kevin.hutchinson@cityoffede ralwa .com DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Developmental Disabilities Division of Developmental Disabilities 1803LP-64 Admin DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Gina M. Thomas 840 N Broadway 540 Contract Specialist Everett, WA 98201 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS (425)740-6443 (425)252-1364 Thoma m dshs.wa. ov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 04/01/2020 03/31/2023 Fee For Service EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: Exhibits (specify): A - DDA Policies & Agreements ❑ No Exhibits. The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be bindinq on DSHS only upon signature by DSHS. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Kevin Hutchinson DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Joseph F. Carter, Regional Operations Manager DDA DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) o Page 1 DSHS General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Central Contracts and Legal Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information or "Data" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "CCLS Chief' means the manager, or successor, of Central Contracts and Legal Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and its employees and,authorized agents. h. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a "key;" a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. j. "Physically Secure" means that access is restricted through physical means to authorized individuals only. k. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. DSHS Central Contracts & Legal Service9 Page 2 1803LP DDA Respite in Community Settings (8- 29-19) q DSHS General Terms and Conditions m. "Regulation" means any federal, state, or local regulation, rule, or ordinance. n. "Secured Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. o. "Subcontract' means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. p. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. q. "Trusted Systems" include only the following methods of physical delivery: (1) hand -delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http-Happs.leg.wa.gov/wac/. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. n Confidentiality. a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 10 Page 3 DSHS General Terms and Conditions Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person or personal representative of the person who is the subject of the Personal Information. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. (2) Physically Securing any computers, documents, or other media containing the Confidential Information. (3) Ensure the security of Confidential Information transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons. (b) Communicating with the intended recipient before transmission to ensure that the fax will be received only by an authorized person. (c) Verifying after transmittal that the fax was received by the intended recipient. (4) When transporting six (6) or more records containing Confidential Information, outside a Secured Area, do one or more of the following as appropriate: (a) Use a Trusted System. (b) Encrypt the Confidential Information, including: i. Encrypting email and/or email attachments which contain the Confidential Information. H. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this item, 6.b.(4), is superseded by the language contained in the Exhibit. (5) Send paper documents containing Confidential Information via a Trusted System. (6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential Information shall be returned to DSHS or Contractor shall certify in writing that they employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract. DSHS Central Contracts & Legal Service9 Page 4 1803LP DDA Respite in Community Settings (8- 29-19) 11 DSHS General Terms and Conditions d. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed on-site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 9. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 12 Page 5 DSHS General Terms and Conditions 13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 15. Contract Renegotiation, Suspension, or Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement: a. At DSHS's discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions. b. At DSHS's discretion, DSHS may give notice to Contractor to suspend performance when DSHS determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this contract. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, "written notice" may include email. (3) If the Contractor's proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised. 16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the CCLS Chief or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions — interlocal Agreements: 17. Disputes. Both DSHS and the Contractor ("Parties") agree to work in good faith to resolve all conflicts DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 13 Page 6 DSHS General Terms and Conditions at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of this Agreement, either Party may reduce its description of the dispute in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. If managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the Secretary of DSHS ("Secretary") and the Contractor's Agency Head ("Agency Head") or their deputies or designated delegates. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and Agency Head. Upon receipt of the referral and relevant documentation, the Secretary and Agency Head will confer to consider the potential options of resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and Agency Head may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and Agency Head are unable to come to a mutually acceptable decision within fifteen (15) business days, they may agree to issue an extension to allow for more time. The final decision will be put in writing, and will be signed by both the Secretary and Agency Head. If the Agreement is active at the time of resolution, the Parties will execute an amendment or change order to incorporate the final decision into the Agreement. The decision will be final and binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. If the Secretary and Agency Head are unable to come to a mutually acceptable decision, the Parties will request intervention by the Governor, per RCW 43.17.330, in which case the governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under this Agreement that are not affected by the dispute. 18. Hold Harmless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 19. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes, and/ or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire"; however, DSHS shall have a perpetual license to use DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 14 Page 7 DSHS General Terms and Conditions this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 20. Subrecipients. a. General. If the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non -Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to https:Hotp.gov/about/offices/ocr,htm for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DSHS contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 15 Page 8 DSHS General Terms and Conditions 21. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 16 Page 9 Special Terms and Conditions 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Assistance" means help provided to a Client for the purpose of aiding him/her in the performance of tasks. b. "Authorized" means DDA Case Resource Manager, or Social Worker approval of funding for services as evidenced by a social service authorization in ProviderOne. c. "Case Resource Manager (CRM)" means the DSHS or DDA worker assigned to a Client. d. "Client" means an individual whom DSHS has determined eligible to receive DDA services. e. "Culturally Appropriate" means responsive to a Client's cultural beliefs and values, ethnic norms, language needs, religion, and individual differences. f. "DDA" means the Developmental Disabilities Administration within DSHS. g. "Family" means a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew, including such relatives when related through adoption or marriage or registered domestic partnership. h. "Nurse Delegation" means: (1) Services in compliance with WAC 246-840-910 through 246-840-970 by a registered nurse to provide training and nursing management for nursing assistants who perform delegated nursing tasks. (2) Delegated nursing tasks include, but are not limited to, administration of non -injectable medications, except for insulin, blood glucose testing, and tube feedings. (3) Services include the initial visit, care planning, competency testing of the nursing assistant, consent of the Client, additional instruction, and supervisory visits. (4) Clients who receive nurse delegation services must be considered "stable and predictable" by the delegated nurse. "Personal care services" means those specific services under WAC 388-106 provided to DSHS Clients. j. "Physical Assistance" means the provision of hands-on assistance for any task necessary. k. "Positive Behavior Support Plan" means a written plan developed to implement strategies to relate to others and direct interventions to decrease challenging behaviors. I. "Positive Behavior Support Principles" means addressing a challenging behavior that focuses on changing the physical and interpersonal environment and increasing a person's skills so that the person is able to get their needs met without having to resort to a challenging behavior. m. "Primary Caregiver(s)" or "Caregiver" means the person who provides the majority of your care and supervision. n. "Protective Supervision" means supervision to ensure the safety and well-being of a Client, DSHS Central Contracts & Legal Service9 Page 10 1803LP DDA Respite in Community Settings (8- 29-19) 17 Special Terms and Conditions exclusive of those responsibilities that should be assumed by a legal representative. o. "Respite Care" means short-term, intermittent relief for persons who live with and provide care for individuals with developmental and intellectual disabilities on either an emergency or a planned basis. p. "Service Plan" means the Person -Centered Service Plan or Individual Support Plan, which is a written plan for long-term care service delivery, which identifies ways to meet the Client's needs with the most appropriate services or supports as, described under chapter WAC 388-828. q. "Transportation Services" means the process of transporting and accompanying a Client from one location to another in accordance with the client's needs. r. "Unsupervised access" means: (1) An individual will or may have the opportunity to be alone with a child, juvenile, or a vulnerable adult; and (2) Neither a qualified employee, contract employee, volunteer, nor student intern of the agency, or entity nor a relative or guardian of the child, juvenile or vulnerable adult is present. 2. Purpose. The purpose of this Contract is to provide short-term intermittent respite care in order to provide relief for primary caregivers as described under chapter 388-845 WAC. Respite Care can be provided in Community Centers, Senior Centers, Parks and Recreation Departments, and Summer Programs. 3. Licenses, Registrations, and Certifications. a. The Contractor is required to follow all laws, rules, and policies applicable to their license, registration, and/or certification. b. The Contractor shall meet the training requirements associated with their license, registration, and/or certification. c. When licensing, certification, and contract requirements differ, the Contractor shall meet the highest standard. d. In the event that any required license of the Contractor is revoked or expired, this Contract shall be suspended, without the necessity of written notice by DSHS, as of the effective date of revocation or the actual date of expiration. In the case of license revocation, this Contract shall then be terminated in accordance with the terms of this Contract, and such termination shall be effective on the effective date of the license revocation. e. The provision of Respite Care services cannot result in the licensed provider exceeding their licensed capacity. 4. General Requirements. a. DSHS shall request services from the Contractor on an as needed basis. This Contract does not obligate DSHS to authorize services to the Contractor. b. Respite Care provided under the terms of this Contract must be pre -approved in writing by DSHS in accordance with the Client's Service Plan, and shall be provided in a manner that is culturally DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 18 Page 11 Special Terms and Conditions appropriate for the Client and the Client's family. c. All services shall be provided in a manner consistent with the published rules and policies of DSHS and within the scope of acceptable practice as determined by DSHS. d. The Contractor must emphasize Positive Behavior Support Principles in the provision of all services to Clients. Positive Behavior Support is based on respect, dignity, and personal choice. 5. Contractor Qualifications. The Contractor must: a. Be licensed by the State of Washington as a business under chapter 19.02 RCW and shall meet or exceed the minimum licensing requirements under chapter 458-02 WAC. b. Contractors shall hold all appropriate endorsements, licenses and certifications in addition to Washington State Business license as applicable to their business operation. c. Contractors outside of Washington State must maintain equivalent licensure or certification requirements as paragraph a. and b. above according to their states' requirements for business operation. d. Publish on a publically accessible website the services offered by the contractor and make publically accessible the services offered by the contractor. The contractor's website must include: (1) The identified number of service hours being provided in the program/class/event including days/date and start and end time; (2) Activities that will occur during program/class/event; and (3) The rate schedule for the program/class/event. e. The Contractor shall ensure that they or their employees possess the following minimum qualifications: (1) Meet minimum age requirements as required by license, certification or rule; (2) Possess the following minimum standards of knowledge and experience: (a) General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindness and caring to the Client; (b) Knowledge of when and how to contact the Client's legal representative and the Client's CRM; (c) Adequate skills to read, either directly or through an interpreter, understand, and implement the services authorized in the plan; (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the Client's written Service Plan(s) and verbal instructions; and (e) Adequate skills to maintain provider records of services performed and payments received. DSHS Central Contracts & Legal Service9 Page 12 1803LP DDA Respite in Community Settings (8- 29-19) 19 Special Terms and Conditions f. The Contractor shall ensure that employees and volunteers: (1) Understand specific directions for providing the care that an individual Client requires; (2) Meet the need of the client as identified in the Service Plan; (3) Provide services within the scope of practice for their profession/skill level; (4) Observe the Client for change in health status, including weakness, confusion, and loss of appetite; (5) Identify problem situations and take appropriate action; (6) Respond to emergencies without direct supervision; and (7) Respect and consider the Client's individual differences and preferences when performing routine tasks in a culturally appropriate manner, as described in the DDA Guiding Values. g. The Contractor shall cooperate with DSHS in the evaluation of the Contractor's performance under the terms of this Contract including the following: (1) Follow-up contact with Clients, their families, legal representatives or primary caregivers regarding their satisfaction with the services provided; (2) Investigation and documentation of all complaints about the service provided; and (3) Periodic monitoring of service documentation records, verification of provider qualifications, and of billing and payment data in ProviderOne. 6. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Obtain information about the Client's identified needs and care requirements, and ensure that the Client's needs are met while providing services. This includes following the guidance of any written plans for Client support such as the Service Plan, Nurse Delegation assessment or Positive Behavior Support Plan. b. Contact the Client's CRM if the Contractor has not heard from the Client or the Client's primary caregiver within seven (7) days of the Contractor's receipt of the service authorization. c. Make arrangements with the primary caregiver for emergency medical treatment should this become a necessity. d. Deliver Respite Care in a manner consistent with WAC 388-845-1600 through 1620 and DDA Policies. See Exhibit A, DDA Policies & Agreements. e. Provide all support needs as identified in the Service Plan including personal care, physical assistance, support and protective supervision to the Client in daily routine activities and to prevent injury to him or herself and to others. f. Maintain transportation records to document the dates, times, es, destii cations, and distances of each Client's transportation services. Upon request, the Contractor shall make the records available to DSHS or DSHS/designee for review and audit. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 20 Page 13 Special Terms and Conditions g. Maintain sufficient vehicle and passenger insurance coverage and current driver's license in accordance with chapter 308-104 and 308-106 WAC. h. Operate and maintain the transportation vehicle(s) in a manner consistent with protecting and promoting the Client's health and welfare. Contractor shall not require client, client's guardian and/or client's legal representative to enter into any agreement releasing or limiting Contractor's legal liability for injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this contract unless contractor, at the same time, requires client, client's guardian and/or client's legal representative to release the State of Washington and all of its agencies, agents, contractors, servants and employees from liability for any acts of contractor causing injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this Contract. 7. Parks and Recreation Department. Parks and Recreation Department contractors are required to comply with the following additional terms: a. Parks and Recreation Departments are city, county or other publically operated parks and recreation department for the purpose of providing leisure time activities and facilities and recreational facilities, of a nonprofit nature as a public service as defined under RCW 36.69.010. b. Meet the definition of a park and recreation district under RCW 36.68 and RCW 36.69. c. Obtain all required licenses, permits or certifications applicable to the program operated by the Parks and Recreation Department. 8. Additional Client Rights: a. In compliance with Title VI of the Civil Rights Act of 1964, and under RCW 2.42.010, RCW 2.43.010, and RCW 49.60.010, the Contractor shall ensure that Limited English Proficient (LEP) Clients have access to a certified, or, if non -certifiable language, to an otherwise qualified language interpreter, who has successfully passed the DSHS language test. The Contractor shall also ensure that DSHS Clients have access to documents translated into the Client's primary language. To request a qualified interpreter, you must register at https://hca.univer.sal.com/new-reql.a.uester- re ,gistration/ or email scheduling(a ulsonline.net. For additional information, visit their Provider FAQs page. In compliance with the Americans with Disabilities Act (ADA) of 1990, under RCW 2.42.010 and RCW 49.60.010, the Contractor shall ensure that deaf, deaf -blind, or hard of hearing Clients have access to the services of an interpreter certified by the National Association of the Deaf (NAD) as a Sign Language Interpreter, or a qualified interpreter having a Registry of Interpreters for the Deaf (RID). 9. Duty to Report Suspected Abuse, Abandonment, Neglect or Financial Exploitation. The Contractor and its employees must immediately report all instances of suspected abandonment, abuse, financial exploitation or neglect of a vulnerable adult under RCW 74.34.035 or a child under RCW 26.44.030.The report shall be made to the Department's current state abuse hotline, 1-866-363-4276 (END -HARM). The Contractor must also report all suspected instances to the Client's case manager. If DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 14 21 Special Terms and Conditions the notice to the Client's case manager was verbal then it must be followed up by written notification within one business day. Further, when required by RCW 74.34.035, the Contractor and the Contractor's employees must immediately make a report to the appropriate law enforcement agency. 10. Significant Change in Client's Condition. The Contractor agrees to report any significant change in the Client's condition within twenty-four (24) hours to the Client's Case Manager. 11. Death of Clients. The Contractor shall report all deaths of DSHS Clients receiving services under this Contract to the Client's case manager within one hour upon notification of the death. The Contractor shall follow up with written notification of the Client's death to the Client's case manager within one business day. 12. Provider Screenings. a. The State must ensure the Department does not pay federal funds to excluded persons or entities. States are also required to check for the death of an individual provider, agency owner or authorized official prior to contracting. The required ownership and control information for individuals with ownership interest of five percent (5%) or more, officers and managing employees will be obtained from the Medicaid Provider Disclosure Statement and checked against all required federal exclusion lists, and the Social Security Death Master List, prior to finalizing a contract. b. The Contractor will report any change in ownership, managing employees, and/or those with a controlling interest to the Department within thirty-five (35) days of such a change so that these individuals can be screened against the required federal exclusion lists as well as the Social Security Death Master List. For detailed instructions, please refer to the Medicaid Provider Disclosure Statement. 13. Duty to Disclose Business Transactions. a. Under 42 CFR 455.104, the Contractor is required to provide disclosures from individuals with ownership interest, managing employees, and those with a controlling interest. The State must obtain certain disclosures from providers and complete screenings to ensure the State does not pay federal funds to excluded person or entities. Contractor must complete and submit a Medicaid Provider Disclosure Statement, DSHS Form 27-094. According to 42 CFR 455.104(c) (1), disclosures must be provided: (1) When the prospective Contractor submits their initial application; (2) When the prospective Contractor signs the contract; (3) Upon request of the Department at contract revalidation/renewal; (4) Within thirty-five (35) days after any change in ownership of the Contractor entity. b. Failure to submit the requested information may cause the Department to refuse to enter into an agreement or contract with the Contractor or to terminate existing agreements. The State will recover any payments made to a disclosing entity that fails to disclose ownership or control information, as required by 42 CFR 455.104. c. Under 42 CFR 455.105(b), within thirty-five (35) days of the date of a request by the Secretary of the U.S. Department of Health and Human Services or DSHS, the Contractor must submit full and complete information related to Contractor's business transactions that include: DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 22 Page 15 Special Terms and Conditions (1) The ownership of any subcontractor with whom the Contractor has had business transactions totaling more than $25,000 during the twelve (12) month period ending on the date of the request; and (2) Any significant business transactions between the Contractor and any wholly owned supplier, or between the Contractor and any subcontractor, during the five (5) year period ending on the date of the request. d. Failure to comply with requests made under this term may result in denial of payments until the requested information is disclosed. See 42 CFR 455.105(c). 14. Background Check. The signatory for this contract agrees to undergo and successfully complete a DSHS criminal history background check conducted by DSHS every three years or more often as required by program rule or as otherwise stated in the contract, and as required under RCW 43.20A.710, RCW 43.43.830 through 43.43.842. If the Contractor has owners, administrators, subcontractors, employees or volunteers who may have unsupervised access to Clients in the course of performing the work under this Contract, the Contractor shall require those owners, administrators, subcontractors, employees or volunteers to successfully complete a criminal history background check prior to any unsupervised access and at least every three years thereafter or more often if required by program rule or as otherwise stated in the contract. The Contractor must maintain documentation of successful completion of required background checks. 15. False Claims Act Education Compliance. Federal law requires any entity receiving annual Medicaid payments of five (5) million or more to provide education regarding federal and state false claims laws for all of its employees, contractors and/or agents. If Contractor receives at least five (5) million or more in annual Medicaid payments under one or more provider identification number(s), the Contractor is required to establish and adopt written policies for all employees, including management, and any contractor or agent of the entity, including detailed information about both the federal and state False Claims Acts and other applicable provisions of Section 1902(a)(68) of the Social Security Act. The law requires the following: Contractor must establish written policies to include detailed information about the False Claims Act, including references to the Washington State False Claims Act; a. Policies regarding the handling and protection of whistleblowers; b. Policies and procedures for detecting and preventing fraud, waste, and abuse; c. Policies and procedures must be included in an existing employee handbook or policy manual, but there is no requirement to create an employee handbook if none already exists. 16. Bribes and Kickbacks. Federal law stipulates that Medicaid participants be offered free choice among qualified providers, therefore any exclusive relationship between the Contractor and any other Medicaid service is prohibited. 17. State or Federal Audit Requests. The Contractor is required to respond to State or Federal audit requests for records or documentation, within the timeframe provided by the requestor. The Contractor must provide all records requested to either State or Federal agency staff or their designees. 18. Drug -Free Workplace. The Contractor agrees he or she and all employees or volunteers shall not use or be under the influence of alcohol, marijuana, illegal drugs, and/or any substances that impact the Contractor's ability to perform duties under this Contract. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 23 Page 16 Special Terms and Conditions 19. Execution and Waiver. This Contract shall be binding on DSHS only upon signature by DSHS with an Authorized Countersignature. Only the Contracting Officer or the Contracting Officer's designee has authority to waive any provision of this Contract on behalf of DSHS. 20. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following: a. DSHS shall pay the Contractor at the published rate, for services provided under this contract. The Contractor hereby waives written notice of subsequent rate changes. Subsequent rate changes will not require a revised Contract and are not disputable. Current rates are published at: https://www.dshs.wa.gov/altsa/management-services-division/off ice -rates -management. b. DSHS will only reimburse the Contractor for the number of hours authorized and provided per client. DSHS will pay the contractor at an established rate in 15 -minute intervals. The Contractor will be reimbursed up to the Contractor's published rate for services provided unless that rate exceeds the equivalent of 15 minute intervals of service the client received. c. Transportation services must be written in the client's Service Plan. Mileage shall be paid at current State of Washington rates, as published by the Office of Financial Management, for miles driven while transporting one Client to a waiver service. Transportation is to and from the respite service and must be provided in accordance with WAC chapter 388-845. d. Transportation as a component of the Respite in Community Settings service must be included in the total published rate. e. Administrative functions, such as record keeping, travel to work site, billing, and report development are not billable as separate services but are included in the established rate schedule f. DSHS shall not pay the Contractor separately for the cost of other expenses such as equipment rental, meals and snacks for all day activities this must be rolled into the cost of the service. 21. Billing and Payment. a. The Contractor shall bill for authorized services using the ProviderOne Payment system, which is the state of Washington's Medicaid management system. b. Billing instructions are located at https://www.hca.wa.gov/billers-providers- partners/providerone/providerone-billing-and-resource-quide c. The Contractor agrees to accept this payment as total and complete remuneration for services provided under this Contract to DSHS Clients. DSHS clients cannot be billed fees beyond the hourly contracted rate for the service Respite in Community Settings. d. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled hours of service when Clients are not seen or served by the Contractor. e. Only DSHS shall have the authority to authorize services under this Contract. f. Respite care is a service authorized in 15 minute increments. DSHS shall not pay for more respite units than is received by the client. Client can pay for services provided that exceed waiver allotment as long as it does not surpass the contracted rate. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 24 Page 17 Special Terms and Conditions g. DSHS shall only reimburse or pay for services which are authorized and within the scope of respite services. h. The contractor shall provide invoices or documentation of the dates of service, duration of time and total cost prior to service being provided. The CRM will create an authorization in CARE in "reviewing" status. After confirmation that the service is completed appropriately, the CRM will change the status of the authorization to "approved" which will allow the authorization to be claimed. The contractor shall provide invoices after service provided, as requested by DSHS If DSHS pays the Contractor for services authorized but not provided by the Contractor, the amount paid shall be considered an overpayment. k. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. I. Payment shall be considered timely if made by DSHS within thirty (30) days Payment shall be sent to the address designated by Contractor. DSHS may, at its discretion, terminate the Contract or withhold payments claimed by Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract. 22. Insurance. a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: ❑ The Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or ❑ The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liability Insurance (CGL) — to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products -completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) 25 Page 18 Exhibit A DDA Policies & Agreements Policies The following DDA Policies are hereby incorporated as Contractor Requirements. 5.06 Client Rights 5.13 Protection from Abuse: Mandatoa Reporting 5.14 Positive Behavior Support Principles 5.19 Positive Behavior Support for Children &Youth 6.15 Nurse bele ation Services Policies can be located at https://www.dshs.wa.gov/dda/policies-and-ruies/policv-manual. In the event DSHS updates or changes these policies, the revised policy/policies will be Incorporated Into this Contract without the requirement of an amendment. DDA Guiding Values: The DDA Guiding Values can be located at: https //www dshs wa qov/sites/default/files/DDA/dda/documents/DDA%20Guidinq%20Values%2OBooklet.pdf Disability Rights of Washington (DRW) Agreement: The following access agreement is regarding "Disability Rights of Washington (DRW) rights and responsibilities. The agreement can be located at: https://www dshs wa qov/sites/default/files/DDA/dda/documentsNVPAS.pdf. *Note: WPAS has changed its name to "Disability Rights of Washington (DRW)" and DDD has changed its name to "Developmental Disabilities Administration (DDA) DSHS Central Contracts & Legal Service9 Page 19 1803LP DDA Respite in Community Settings (8- 29-19) 26 SUBJECT: 2020 PARKS AND RECREATION COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2020 Parks and Recreation Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: 1/14/20 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Hutton, Parks Director DEPT: Parks Background: The Parks and Recreation Commission discussed their 2020 Work Plan during their December Commission meeting and voted to forward to the Council their proposed Work Plan for approval. Attachment: 2020 Parks and Recreation Commission Work Plan. Options Considered: 1. Approve the proposed Parks and Recreation Commission 2020 Work Plan. 2. Do not approve the proposed 2020 Work Plan and provide direction to staff. MAYOR'S RECOMMENWION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: "l! _ Inrtial/Date COMMITTEE RECOMMENDATION: I move to forward option I to the January 21, 2020 full Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2020 Parks and Recreation Commission Work Plan " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # 27 c Q .E Q Q Cl. �V U � � C%4 06 W .aC 0. r ca CU M coM : p I off$ L 1 L c Cu Ui n >> c (u c cu U) M> I N L N r r r Q LL Q Q LL Q Q LL Q cr ZT U1 Qi m ° O L L a c (z U C O N - ° ° cn C N p L i � U C- Q O Q C N L NO �O > U O U CL ° 7 3 "at . 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COMMITTEE: PRHSPS Committee MEETING DATE: January 14, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing (1 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Deputy Director DEPT: Parks ............. ............ _._......................................_................................._........ .. ._.................................................................... t.................._...._..............._.._....................._........_..........._..._........._._..................................._.......__........._......_............_.._.........._ Attachment: KC Parks Levy memo Options Considered: 1. Authorize to accept the 2019 voter approved King County Proposition Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. 2. Do not authorize the voter approved King County Proposition Parks Levy and provide direction to staff. MAYOR APPROVAL: ,9 DIRECTOR APPROVAL: Committee COMMITTEE RECOMMENDATION: I move to forward option I to the January 21, 2020 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: PROPOSED COUNCIL MOTION: "I move to accept the 2019 voter approved King County Proposition Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 29 CITY OF Federal Way Parks and Facilities Division Date: Dec 12, 2019 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Parks Property Tax Levy Agreement Background: A King County Motion was made and passed 4/17/19 related to the property tax levy for 2020 through 2025 for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County; funding environmental education, maintenance and conservation programs at the Woodland Park Zoo; funding capital construction at the Seattle Aquarium; and funding for capital improvements at publicly owned pools, for all King County residents. A King County ORDINANCE providing for the submission to the qualified electors of King County at a special election to be held in King County on August 6, 2019, of a proposition authorizing a property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for a period of six consecutive years, at a total rate of not more than $0.1832 per one thousand dollars of assessed valuation in the first year and limiting annual levy increases by the King County inflation plus population index published by the King County office of economic and financial analysis, or the chapter 84.55 RCW limitation, whichever is greater in years two through six for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County passed on 4/17/19 Voters approved the above Parks property tax levy August 2019. Action: City of Federal Way City Council approval to accept the voter approved King County Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. Recommendation: Staff recommends accepting the voter approved 2020-2025 King County Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. 30 COUNCIL MEETING DATE: January 21, 2020 ITEM #: ........................................................ .... _._...................................... _.......... _....... _........................ -....................... __.......................... .. ......................... _......................... __..................... _..... _.......................... _............. _................ _...... _._..... ............. __....... _._..-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIELDTURF USA RETAINAGE RELEASE POLICY QUESTION: Should the City accept the Saghalie soccer field replacement work as complete and authorize staff to release FieldTurf USA Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: January 14, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks ................................................................—.............._....................... __.......... _... �......................__................................. _....................................................._....... _........................_..._....._..................._._...................................... _............................._......_.........................._..._............................... -..._.................. ........................................ . History: The City worked with FieldTurf USA to replace the artificial turf on the Saghalie soccer field in the amount of $719,408.64. Prior to the release of retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Options Considered: 1. Accept the replacement of the artificial turf on the Saghalie soccer field as complete and release $32,700.39 retainage to FieldTurf USA. 2. Do not accept the work as complete, and provide direction to staff. ......... .............._................................-_.._..._.........._......P........_........................................................_.............P....................................P..........................._............... ................................._...._.......................................................................................... ......................... ........................... ....._...__..._.............._......_.................. MAYOR'S RECOMMENDATION: Option I -,n MAYOR APPROVAL: '�a� DIRECTOR APPROVAL: Xl>f9k—MWIt-1 COMMITTEE RECOMMENDATION: I move to forward option 1 to the January 21, 2020 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the work of the artificial turf replacement on the Saghalie soccer field as complete and authorize staff to release retainage in the amount of $32,700.39 to FieldTurf USA. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) --- COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # 31 This Page Left Blank Intentionally 32 SUBJECT: VALLEY SWAT INTERLOCAL AGREEMENT ADDENDUM POLICY QUESTION: Should the City sign the Valley SWAT interlocal agreement addendum that adds the city of Des Moines into the agreement? COMMITTEE: PRHS&PSC MEETING DATE: Feb. 11, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Casey Jones DEPT: PD Attachments: • PRHS&PSC Memo • Addendum to the VSWAT Interlocal Cooperative Agreement Options Considered: 1. Accept the interlocal agreement addendum to admit the City of Des Moines. 2. Reject the interlocal agreement addendum to admit the City of Des Moines MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL 13 !fie DIRECTOR APPROVAL:�,WlDale 1/so Committee Coun Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed VSWAT interlocal agreement addendum to the February 18, 2020 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the VSWAT interlocal agreement addendum as presented and authorize the Mayor to sign said agreement_ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 11 APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # 33 CITY OF FEDERAL WAY MEMORANDUM DATE: February 11, 2020 TO: PRHS&PSC committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley SWAT interlocal agreement addendum Financial Impacts: There is no financial impact to the City for this interlocal agreement addendum. Background Information: In 2010 the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle established an interlocal agreement (ILA) to maintain a multijurisdictional SWAT team to respond to high-risk criminal situations. The City of Des Moines was not part of the ILA in 2010 but they have now petitioned to join. The ILA specified that future admission to the team must be accomplished through an addendum to the ILA. The police executive board has given unanimous approval for Des Moines to join. Except to adding Des Moines to the ILA, nothing else is changed and the ILA remains in full force and effect. 34 Rev. 7/18 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement (ILA) between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. - ---- By signinb--beteW, titer-sigiier—c€rtrfl�S that.-he—or—she . hocthy-aklthHritr t cign thic- _--- --_. Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. 35 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 Mayor, City of Auburn Date City Clerk, City of Auburn Date Mayor, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Clerk, City of Kent Date Mayor, City of Federal Way Date City Clerk, City of Federal Way Date City Attorney, City of Auburn Date City Attorney, City of Renton Date City Attorney, City of Tukwila Date City Attorney, City of Kent Date City Attorney, Federal Way Date City Manager, City of Des Moines Date City Attorney, City of Des Moines Date City Clerk, City of Des Moines Date 2 36 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 , Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 37 CITY ATTORNEY'S 10/08/2019 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF , WASHINGTON, approving and adopting Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team, admitting the City of Des Moines as a member of the Valley Special Weapons and Tactics (SWAT) Team. WHEREAS, in 2010,, the Municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for the purpose of establishing and maintaining a multi -jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the SWAT Executive Board for membership and has received unanimous approval subject to approval of Addendum 1 to the ILA, and WHEREAS, upon approval and execution of this Addendum 1 to the ILA, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement, and WHEREAS, the City Council finds that approving and adopting Addendum 1 to the ILA and admitting the City of Des Moines as a member of the Valley SWAT Team is in the best public interest; now therefore, THE CITY COUNCIL OF THE CITY OF RESOLVES AS FOLLOWS: Seca 3. -Addendum 11 to fie- In er oca�- oo era ive Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team, attached as Exhibit "A", is hereby approved and adopted. 38 Resolution No. Page 2 of 2 Sec. 2. The (City Manager/Mayor) is hereby authorized and directed to execute Addendum 1, substantially in the form attached hereto. ADOPTED BY the City , Washington this signed in authentication thereof 2019. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk 39 Council of the City of day of , 2019 and this day of , M A Y O R This Page Left Blank Intentionally 40 SUBJECT: NEW ALLOCATION MOU'S FOR FY17, FY18, AND FY19 JAG AWARD POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the new JAG Grant Allocation MOD's for FY17, FY18 and FY19? COMMITTEE: PRHS&PSC MEETING DATE: February 11, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Diane Shines Civilian O erations Mana er DEPT: Police Department ...._..__................................................................................................................................................_.....P........_..... . ... _ .. _g.............. . Attachments: 1. Staff Report 2. FY2017 MOU 3. FY2018 MOU 4. FY2019 MOU 5. Reallocate Bellevue to Seattle (FY17 only) Options Considered: 1. Approve the proposed JAG FY17, FY18, and FY19 MOD's. 2 Do not a prove proposed JAG FY17, FY18 and F..YI9MOU's .......................... MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: f / ai c7 DIRECTOR APPROVAL: ommitt e ouncil Initial/ to Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed JAG Grant FY17, FY18 and FY19 New Allocation MOU's to the February 18, 2020 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `7 move approval�proposeA rant— t FPI7, an lbw Allocation NIOU's and authorize the Mayor to sign. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFF/CE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 41 CITY OF FEDERAL WAY MEMORANDUM DATE: February 11, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FYI 7/18/19 JAG Allocation MOD's The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. The City of Bellevue has declined JAG funding for fiscal years FY 17, FY 18, and FYI 9. The City of Federal Way, Federal Way Police Department has executed FY 17 MOU with budget, scope of work and agreements, and does not wish to further delay funding. For FYI only, Seattle will maintain the entire award ($14,555). Doing so would mean that Seattle absorb the funds and incur the delays associated with the additional approvals for a budget/narrative from DOJ. The City of Federal Way, Federal Way Police Department original funding will be maintained. For FY 18 and FY 19, a percentage of JAG funds will be reallocated to each partner _ I nr& m accent and pro�ess_awu , the DOJ requires new MOU's, and a signed letter to reallocate Bellevue funds to Seattle for FY 17 JAG cycle only. 42 Rev. 7/18 CITY OF Federal Way Mr. Jeffrey Felton -Green State Policy Advisor US Department of Justice, Office of Justice Programs 810 7th Street NW Washington, DC 20531 December 6, 2019 Dear Mr. Felton -Green: FEDERAL WAY POLICE DEPARTMENT 333258 TH Avenue South Federal Way, WA 98003 253 835-6700 www.cityoffederalway.com Jim Ferrell, Mayor Andy J. Hwang, Chief of Police The City of Federal Way, a disparate agency awarded FY17 JAG funds, understand that City of Bellevue, another disparate agency in our group, has declined to receive funding for FY17, FY18 and FY19. The City of Federal Way officially allocates the funds which would be distributed to us, from City of Bellevue, to City of Seattle for the FY17 JAG cycle. The City of Federal Way, understanding that City of Bellevue declines funding in FY18 and FY19 JAG, accepts additional allocations by percentage from the declined funds. Sincerely, Jim Ferrell, Mayor 43 Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2017 Edward Byrne Memorial Justice Assistance Grant — 2017 -DJ -BX -0496 I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn • City of Bellevue- declines and is allocated in its entirety to Seattle for this grant. • City of Burien • Des Moines • City of Federal Way • City of Kent • King County • City of Renton • City of SeaTac • City of Seattle • City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3% administrative fee for these services. 44 Page 1 of 3 The allocation of funding is as follows: Auburn $30,568 Bellevue $0 Burien $21,078 Des Moines $11,122 Federal Way $34,331 Kent $33,998 King County $201,131 Renton $26,140 SeaTac $17,415 Seattle $266,275 Tukwila $15,917 Total Allocation $657,975 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into Interagency Agreements with all participating jurisdictions. 45 Page 2 of 3 Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant Signature Page Jurisdiction: 'C- � 4Z& Signature: Name & Title: vrv- R 46 Page 3 of 3 Memorandum of Understanding FY 2018 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2018 Edward Byrne Memorial Justice Assistance Grant— 2018 -DJ -BX -0200. I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn • City of Bellevue - declined • City of Burien • Des Moines • City of Federal Way • City of Kent • King County • City of Renton • City of SeaTac • City of Seattle • City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint fi inrk Tha City of Seattle will charge a 3% administrative fee to all sub -recipients for these services. 47 Page 1 of 3 Allocation of the declined Bellevue funds has been made along the percentages that DOJ allocated each agency their JAG funds. The allocation of funding is as follows: Auburn $32,186.32 Q ^' 0 Burien $23,787.67 Des Moines $11,877.21 Federal Way $40,522.46 Kent $36,287.75 King County $204,255.81 Renton $29,159.75 SeaTac $16,930.34 Seattle $270,086.17 Tukwila $16,273.52 Total Allocation $681,367.00 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into Memorandums of Understanding - Contracts with all participating jurisdictions. VI. Funds Remaining at End of Grant If an agency has funds remaining that it will not spend and no extension is requested, all parties agree that the funds will be re -obligated to Seattle within the final three months of the grant. Notification between Seattle and the agency willing to forgo funds will occur three months prior to the end of the period of performance. 48 Page 2 of 3 Memorandum of Understanding FY 2018 Edward Byrne Memorial Justice Assistance Grant Jurisdiction: Signature: Name & Title: I � Signature Page 49 Page 3 of 3 Memorandum of Understanding FY 2019 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2019 Edward Byrne Memorial Justice Assistance Grant. I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn • City of Bellevue- declined • City of Burien • Des Moines • City of Federal Way • City of Kent • King County- declined • City of Renton • City of SeaTac • City of Seattle • City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint finds. The City of Seattle will charge a 3.7% administrative fee for these services. 50 Pagel of 3 The allocation of funding is as follows: Agency DOJ Allocation % DOJ + Declined Sub -Total 3.7% Fee Total KING COUNTY $ 36,689 0 AUBURN CITY $ 33,075 5.300% $ 35,640.54 $1,318.70 $ 34,321.84 BELLEVUE CITY $ 14,101 0 BURIEN CITY $ 21,329 3.422% $ 23,009.19 $ 851.34 $ 22,157.85 DES MOINES CITY $ 11,617 1.977% $ 13,294.68 $ 491.90 $ 12,802.78 FEDERAL WAY CITY $ 41,110 6.676% $ 44,887.62 $1,660.84 $ 43,226.78 KENT CITY $ 38,077 6.101% $ 41,021.16 $1,517.78 $ 39,503.38 RENTON CITY $ 31,333 5.113% $ 34,378.85 $1,272.02 $ 33,106.83 SEATAC CITY $ 14,779 2.474% $ 16,635.91 $ 615.53 $ 16,020.38 SEATTLE CITY 1 $ 414,940 1 66.381%1 $446,349.43 $454,713.67 TUKWILA CITY $ 15,360 1 2.557% $ 17,192.62 $ 636.13 $ 16,556.49 Total: 1 $ 672,4101 100.0009/. $672,410.01 $8,364.24 $672,410.01 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into Interagency Agreements with all participating jurisdictions. VI. Funds Remaining at End of Grant If an agency has funds remaining that it will not spend and no extension is requested, all parties agree that the funds will be re -obligated to Seattle within the final three months of the grant. Notification between Seattle and the agency willing to forgo funds will occur three months prior to the end of the period of performance. 51 Page 2 of 3 Jurisdiction: Signature: Name & Title: Memorandum of Understanding FY 2019 Edward Byrne Memorial Justice Assistance Grant Signature Page Must be signed by Mayor, I.IIy HUIIIIIIISLIdLVI W i;n-,%.uuv%, 52 Page 3 of 3 COUNCIL MEETING DATE: February 18, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT WITH FEDERAL WAY YOUTH ACTION TEAM FOR CAPACITY BUILDING AND COMMUNITY SUPPORT POLICY QUESTION: Should the City enter into an agreement with Federal Way Youth Action Team for Capacity Building and Community Support? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development ..........................................................................................................................................................................._...................._.......................:_.._......._.................._................................ .................. _.._---... Attachments: 1. Staff Report 2. Agreement 3. Federal Way Youth Action Team Proposal 4. Federal Way Youth Action Team Critical Incident Response Proposal Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: [RECTOR APPROVAL: / 12 2. Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " Committee Chair Committee Member Committee Member ROPOSED I MOTIOTV�`l-move approval of the profs-ase&Agreument, and--authorize-the-Aaysr-t�— execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # 53 CITY OF FEDERAL WAY MEMORANDUM DATE: January 29, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Agreement with Federal Way Youth Action Team for Capacity Building and Community Support Financial Impacts: The cost to the City for the agreement with the Federal Way Youth Action Team was included within the approved budget under the City Council budget in the amount of $25,000.00. In accordance with the approved budget, this item is funded by General Fund. Upon completion of the Capacity Building and Community Support agreement, there will be no currently planned future costs. Background Information: The City Council allocated $25,000 to the Federal Way Youth Action Team as part of the 2019 budget and the 2020 budget. The Federal Way Youth Action Team had initially requested $50,000. With the reduced funding award, they decided to pursue two programs, including Capacity Building and Community Support at $13,500.00 for 2019. They had also requested $11,500.00 be used for the Progress Pushers program in 2019. As the Federal Way Youth Action Team did not end up funding the partnership with Progress Pushers, they are requesting the full $25,000.00 be used for Capacity Building and Community Support in 2020. In 2019, the Federal Way Youth Action Team met performance targets though the agency did not meet deadlines for submitting reports and invoices. As originally proposed to Council, staff was to provide an update to Council in October reporting on the progress year to date ,_Slo report pr invoice was received delaying_)rogress --on report and amending a contract to add performance targets and funds for 2020. An incomplete invoice and report was submitted on January 7, 2020 and a complete invoice and report received on January 24, 2020. Because of the delays, an amendment is not possible as the contract period has ended. A new contract is being proposed. Staff requested a detailed proposal for the 2020 funds and has developed a proposed agreement based on the proposal submitted by the Federal Way Youth Action Team. 54 Rev. 7/18 Capacity building and community will focus on training on the Critical Incident Response Protocol and further updates to the protocol. Please see the attached proposal for details on the proposed use of the funds and the attached Critical Incident Response Protocol to understand the purpose of the programming. Programming will include a total of twenty- four (24) two-hour trainings, workshops, or seminars on the protocol. Per event, the proposal includes sixteen to twenty-four hours of staff time including four hours of preparation, four hours for delivery, four hours for implementation based on action steps identified at the events, and four hours of time to update the protocol. While not identified in the proposal, the youth portion of the program will be in response to critical incidents and referrals will be made to the Federal Way Youth Action Team by key stakeholders such as school personnel, juvenile court staff, and others in the community. After the trainings or other events with youth, staff will then spend time working with each family on following up on the action steps identified at the event and making referrals to community resources and services. Additionally, as a newer service, there are program elements that still need to be developed including the assessment to measure individual progress as a result of the workshops. The grant will also assist the Federal Way Youth Action Team in building relationships and promoting the services. The Critical Incident Response Protocol will be updated over the course of the year. 55 Rev. 7/18 CITE of CITY HALL �� 33325 8th Avenue South Fe Federal Way, WA 98003-6325 (253) 835-7000 www crtWffederahvay com HUMAN SERVICES AGREEMENT FOR CAPACITY BUILDING AND COMMUNITY SUPPORT This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Federal Way Youth Action Team, a Washington nonprofit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: FEDERAL WAY YOUTH ACTION TEAM: Usman Mian 29500 Pacific Hwy. S., Suite N Federal Way, WA 98003 (206) 231-9521 (telephone) Usman(a),fwyat.com The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 253-835-2651 (telephone) (253) 253-835-2609 (facsimile) sarah.bridgeford(a cityoffederalway.com 1. TERM. The term of this Agreement shall be for a period commencing on February 19, 2020 and terminating on December 31, 2020 ("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 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 the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, breaches confidentiality, or materially violates Section 12, and such may result in inehgihi�_a__i ty__for_.further Ayagreements__ --- -- — 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. 56 HUMAN SERVICES AGREEMENT - 1 - 3/2017 4% CITY OF CIN HALL Federal 33325 8th Avenue South Federal Way, WA 980038003 Way -6325 (253) 835-7000 www crtyoffederahway com 4.2 Method of Payment. On no more than a monthly 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 no less than 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 month and/or quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Community Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice, 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 in emnify 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. 57 HUMAN SERVICES AGREEMENT - 2 - 3/2017 04 ` CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ct"tfederalway 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 subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $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 the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. --7-.-_ CnNFI]DE T ding -the. -City Obtained by Agency in erfcrmance 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 shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. 58 HUMAN SERVICES AGREEMENT -3 - 3/2017 CITY OF CITY HALL Federal 33325 8th Avenue South 1% Way Federal Way, WA 98003-6325 (253) 835-7000 vvww cityoffederahvay. 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 CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Agency shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. 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 pr 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 age.inth,____=e_Ag ePmPnt the tPrmc 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 - 59 HUMAN SERVICES AGREEMENT - 4 - 3/2017 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 vmmv (253) 835-7000 www cityoffederahvay 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 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, 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 ,.-a ,_ ..,oa ...,o,,, ., — T%P rinta ,,,,nn which the tact nf all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 60 HUMAN SERVICES AGREEMENT - 5 - 3/2017 4::k� CITY Way CITY HALL 33325 8th Avenue South 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: Jim Ferrell, Mayor DATE FEDERAL WAY YOUTH ACTION TEAM: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/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 , 20 Notary's signature Notary's printed name 61 HUMAN SERVICES AGREEMENT - 6 - Notary Public in and for the State of Washington. My coni ni ssion expires 3/2017 CITY or - Federal Nay EXHIBIT A SERVICES Project Summary CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vvww ci"ffederalway com The Agency shall provide capacity building and community support_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. The Agency will engage key stakeholders to prevent, respond, and de-escalate youth violence through the provision of Critical Incident Response (CIR) Protocol trainings, workshops, and seminars. Stakeholders include school district administration, principals, educators, community partners, policymakers, services providers, and youth. Services will include: • CIR Protocol In School Support including CIR meetings, trainings, and workshops for school district personnel; • CIR Protocol In School, After School, and Weekend Support including CIR seminars, trainings, and workshops for youth participants; and • CIR Community Support including CIR town hall forums, trainings, workshops, one on one meetings. Youth events are in response to critical incidents and youth are referred by school personnel, juvenile courts, or other stakeholders. Following the trainings with youth, staff will work with the families and youth to follow up on actions identified during the trainings and provide connections to community services. Community and school personnel trainings focus on preparing stakeholders to respond following critical incidents. Program development will also occur including promotion of the services and development of an assessment to measure individual progress. Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with Human Services funds: B. Units of Service The Agency agrees to provide, at minimum, the following units of service: 1st Quarter 2"d Quarter 3`d Quarter 41n Quarter Jan - Mar I Apr — Jun Jul - Sep Oct - Dec I Total HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 Total -- No. of unduplicated Federal Waypersons assisted in 2020 120 B. Units of Service The Agency agrees to provide, at minimum, the following units of service: 1st Quarter 2"d Quarter 3`d Quarter 41n Quarter Jan - Mar I Apr — Jun Jul - Sep Oct - Dec I Total HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 CITY OF 0110�wl Federal CITY HALL �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwWyoffederahvay com 2020 1. In School Support for school district personnel 2 2 2 2 8 2. In School, After School, and Weekend Support 3 3 3 3 12 3. Community Support 1 1 1 1 4 C. Definition of Services 1. Critical Incident Response Protocol and Tools for De-escalation: Develop protocols and tools to help community members de-escalate violent incidents. Service units are carried out by two staff and include four (4) hours of prep time for each event, four (4) hours for the delivery of each event, four (4) hours of implementation, and four (4) hours of updating the CIR. 2. Critical Incident Response Education: By the end of 2019 and following the development of the protocol, host a minimum of one (1) community education event to provide de-escalation training. Service units are carried out by two staff and include four (4) hours of prep time for each event, four (4) hours for the delivery of each event, four (4) hours of implementation, and four (4) hours of updating the CIR. 3. Community Events: Measured by the number of events hosted that focus on underserved and underrepresented communities. Service units are carried out by two staff and include four (4) hours of prep time for each event, four (4) hours for the delivery of each event, four (4) hours of implementation, and four (4) hours of updating the CIR. D. Performance Measure(s) Outcome(s) to be reported: Increased critical incident response education and awareness by 70% as measured by pre- and post -assessments. Records 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. 63 HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 CITY �E CITY HALL Fede��'a 33325 8th Avenue South Wy Federal Way, WA 98003-6325 �e (253) 835-7000 www crtyoffedera/way com 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 and documentation of hours worked for each service unit including sign in sheets, timesheets, etc.; ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and ■ for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of receipt of direct assistance including gift card incentives and bus tickets. Documentation should include signature of the participant, identify the date of the session, and identify what assistance was received. 10. Documentation of client address; residency verified via King County Parcel Viewer. 11. 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 2019 Income Limits Summary {e ec"v 4/24/2019) FY 2019 1 2 3 4 5 6 8 Median Income King County Income Limit Person :Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,100 $35,900 $38,550 $41,200 $43,850 Income Limits Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 Income Limits Igm Reports and Reporting Schedule The Agency shall collect and report client information to the City no more than monthly and annually on a Ser, ice 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. 64 HUMAN SERVICES AGREEMENT -3 - HSA Exh 5/2017 clry of CITY HALL A Federal Way 33325 8th Avenue South 8003 Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com 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. 65 HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 CITY OF Federal Way EXHIBIT B COMPENSATION Project Budget CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www c0offederalway com The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Twenty -Five Thousand Dollars and 00/100 ($25,000.00). A. City of Federal Way Funds 2019 City of Federal Way General Fund: $25,000.00 B. Line Item Budget 2019 Personnel Services (detail below) $16,770.00 Printing $750.00 Rent & Utilities $2,863.00 Insurance $412.00 Food $905.00 Professional Services $800.00 Administration Overhead $2,500.00 Total City of Federal Way Funds: $25,000.00 C. Personnel Detail Position Title Position Full Annual Salary HS Funds Time Equivalent and Benefits Executive Director 0.12 $74,750.00 $8,970.00 CIR Outreach Coordinator 0.15 $52,000.00 $7,800.00 Total: $16,770.00 Reimbursement Requests and Service Unit Report forms shall be submitted no more frequently than monthly and are due on the 15th of each month, but not less than 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 Monthly Payments: 2019 Monthly $2,500.00 66 HUMAN SERVICES AGREEMENT -5 - HSA Exh 5/2017 CITY of CITY HALL 4 Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederatway. coin Expenses must be incurred prior to submission of reimbursement requests. Proof of expenditures must be attached to the reimbursement request for invoice to be approved. Reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated monthly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding month. 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. 67 HUMAN SERVICES AGREEMENT - 6 - HSA Exh 5/2017 FEDERAL WAY YOUTH ACTION TEAM Human Services Grant Program 1. In one to three sentences, provide an overview of the program. Following the development of the FWYAT's Critical Incident Response Protocol, we would utilize this funding opportunity to build a trifecta effect by engaging with all key stakeholders to better position ourselves to prevent, response, and de-escalate youth violence. We will provide CIP Protocol trainings and workshops (in school, after school, and weekend) for district leadership, school principals, K-12 educators, community partners, policymakers, and service providers, in addition to youth populations in the City of Federal Way. 2. Describe the specific services to be provided with the funding requested. 1. CIP Protocol In School Support (CIP meetings, trainings and workshops for district leadership, school administrators, and K-12 educators.) 2. CIP Protocol In School/After School/Weekend Support (CIP seminars, trainings and workshops for youth participants) 3. CIP Community Support (CIP town hall forum, trainings, workshops, and one on one meetings with partner organizations, service providers, student resource officers, and thought leaders). 3. Who will be served by this program? • Youth populations who might be at risk to the school to prison pipeline and juvenile justice system in the City of Federal Way, ages 8-24. • Federal Way Public Schools District Leadership • Federal Way Public Schools Student Resource Officers • All High School and Middle School Principals • Any educators who deal with at young people at risk to youth violence • Staff and Leadership at Nonprofit Organizations in Federal Way. • Community Activists and Thought Leaders in Federal Way. • Interested Parents and Families in the City of Federal Way. 4. How do you ensure program services are culturally relevant and accessible to all eligible clients? Provide one to two examples that best 1 achieve this (e.g. staff composition, board composition, community partnerships, best or promising practices, etc.)? The FWYAT is a consortium of caring adults and organizations that partner together to provide authentic, impactful, and relevant youth development opportunities across the Federal Way Community. We are the most diverse collective within the city and represent various young people, especially in communities of color and underserved populations. We have a strong staff and board composition, with nearly 10 languages spoken. Our consortium partners are service providers within the Black, Latin/x, Asian/Pacific Islander, LBGTQ, and East African communities. S. How do you measure your program's success? List up to two outcomes that you use to measure the effectiveness/impact of your services (e.g. the percentage of clients who are housed). Performance Measures. 1) Number of unduplicated residents of the City of Federal Way. 2) Number of CIR community education events, trainings, and meetings held in school, after school, and weekend. 3) Increased critical incident response education and awareness by 70% as measured by pre -assessment and post -assessments. 6. For the program for which you are requesting funds, please address accessibility in the following areas (ONLY DIRECT SERVICES. If not direct services, please proceed to question 7): The program has mechanisms in place to make its services affordable to all populations. Yes, check all that apply: -3, Free The program facility is accessible for individuals with disabilities according to the ADA Accessibility Guidelines. 4 Yes The program is easy to access: Yes, check all that apply: 4 In the City of Federal Way 4 Close public transportation (walking distance to stops) 4 Program staff travels to clients 4 Mobile services (e.g. van) The program is accessible in terms of language (offering translation and interpretation services upon demonstrated need). In what ways is your program accessible in terms of languages - check all that apply. 4 Translated material 4 Program and/or agency staff speaks languages -* Translation on demand How does your program prioritize delivery of services? (check all that apply) -* Based on severity of client need The program accommodates client schedules by (Check all that apply) 4 Evening 4 Weekend 4 On demand 4 Early morning 7. How many residents will be served? 8. What services will be provided and how many? Please add rows as necessary. Ist 2nd 3rd 4th Quarter Quarter Quarter Quarter Total 2020 JAN.— MARCH APRIL — JUNE JULY — OCT. — DEC. JAN. — APRIL — SEPT. OCT. — No. of unduplicated 30 30 30 30 120 Federal Way persons assisted in 2 2 2 2 8 8. What services will be provided and how many? Please add rows as necessary. 3 rue lst 2nd 3rd 4th Quarter Quarter Quarter Quarter Total 2020 JAN. — APRIL — JULY — OCT. — MARCH JUNE SEPT. DEC. 1. In School Support (CIR 2 2 2 2 8 meetings, trainings and workshops for district leadership, school 3 rue administrators, and K-12 educators.) Personnel Services (detail below) $16,770.00 Printing $750.00 2. In School/After $2,863.00 Insurance $412.00 Food $905.00 School/Weekend Support 3 3 3 3 12 (CIP seminars, trainings and workshops for youth participants) 3. Community Support (CIP town hall forum, 1 1 1 1 4 trainings, workshops, and one on one meetings with partner organizations, service providers, student resource officers, and thought leaders). 9. What outcomes will the program work to meet? Include specific, measurable targets including percentages. Performance Measures. 1) Number of unduplicated residents of the City of Federal Way. 2) Number of CIP education events, trainings, and meetings in the school and within the community (after school and weekends). 3) Increased critical incident response education and awareness by 70% as measured by pre -assessment and post -assessments. 10. 2020 Program Expenses to be Funded with Grant funds B. Line Item Budget Personnel Services (detail below) $16,770.00 Printing $750.00 Pent & Utilities $2,863.00 Insurance $412.00 Food $905.00 4 71 Professional Services $800.00 Administration (Overhead) $2,500.00 Total City of Federal Way Funds: $25,000.00 C. Personnel Detail Position Title Position Annual HS Full Time Salary Funds Equivalent and Benefits Executive 0.12 $74,750 $8,970 Director CIR Outreach 0.15 Coordinator $52,000 $7,800 Total: $16,770 11. Please explain the budget and provide a justification for the allocation of funds. For example, if asking for funding for staffing, explain the number of hours required and what will be accomplished in that time. PERSONNEL SERVICES: 250 billable hours for the Executive Director Position 312 billable hours for the CIR Outreach Coordinator Position = 562 total billable hours EXECUTIVE DIRECTOR SCHOOL SUPPORT (district leadership, principals, administrators, educators) ❑ School Support: 8 activities by 2 hours each =16 hours (planning/pre assessment) ❑ School Support: 8 activities by 2 hours each =16 hours (delivery) 72 ❑ School Support: 8 activities by 2 hours each = 16 hours (implementation/post assessment) ❑ School Support: 8 activities by 2 hours each =16 hours (update critical incident response protocol) =64 total billable hours for in school support activities IN SCHOOL/AFTER SCHOOL/WEEKEND SUPPORT (youth populations) ❑ Youth Support: 12 activities by 2 hours each = 24 hours (planning/pre assessment) ❑ Youth Support: 12 activities by 2 hours each = 24 hours (delivery) ❑ In School Support: 8 activities by 2 hours each = 24 hours (implementation/post assessment) ❑ In School Support: 8 activities by 2 hours each = 24 hours (update critical incident response protocol) =96 total billable hours for in school support activities COMMUNITY SUPPORT (nonprofit organizations, community centers, service providers, and thought leaders) ❑ Community Support: 4 activities by 6 hours each = 24 hours (planning/pre assessment) ❑ Community Support: 4 activities by 2.5 hours each =10 hours (delivery) ❑ Community Support: 4 activities by 6 hours each = 24 hours (implementation/post assessment) ❑ In School Support: 4 activities by 6 hours each = 24 hours (update critical incident response protocol) =82 total billable hours for in school support activities ED TOTAL BILLABLE HOURS: 242 hours (plus 8 hours for administration and financial invoicing, reporting, and oversight) CIR OUTREACH COORDINATOR SCHOOL SUPPORT (district leadership, principals, administrators, educators) ❑ School Support: 8 activities by 2 hours each = 16 hours (planning/pre assessment) ❑ School Support: 8 activities by 2 hours each =16 hours (delivery) ❑ School Support: 8 activities by 2 hours each = 16 hours (implementation/post assessment) ❑ School Support: 8 activities by 2 hours each =16 hours (update critical incident response protocol) =64 total billable hours for in school support activities IN SCHOOL/AFTER SCHOOLMEEKEND SUPPORT (youth populations) ❑ Youth Support: 12 activities by 2 hours each = 24 hours (planning/pre assessment) 73 ❑ Youth Support: 12 activities by 2 hours each = 24 hours (delivery) ❑ In School Support: 8 activities by 2 hours each= 24 hours (implementation/post assessment) ❑ In School Support: 8 activities by 2 hours each= 24 hours (update critical incident response protocol) =96 total billable hours for in school support activities COMMUNITY SUPPORT (nonprofit organizations, community centers, service providers, and thought leaders) ❑ Community Support: 4 activities by 6 hours each = 24 hours (planning/pre assessment) ❑ Community Support: 4 activities by 2.5 hours each =10 hours (delivery) ❑ Community Support: 4 activities by 6 hours each = 24 hours (implementation/post assessment) ❑ In School Support: 4 activities by 6 hours each = 24 hours (update critical incident response protocol) =82 total billable hours for in school support activities CIR_ OUTREACH COORDINATOR TOTAL BILLABLE HOURS: 312 hours ❑ 242 hours (program management) ❑ 40 hours (data collection, policy research, and field experiences) ❑ 30 hours (performance review and reporting) PRINTING: The $750 budget allocation will allow us to print the materials and CIR protocol to distribute to the various stakeholders and youth populations we serve. RENT AND UTILITIES: Since a majority of the after school, evening, and weekend support services for the CIR Protocol will be housed at the THINK Lab, we have allocated $2,863 to cover the operating and facility use costs for these programs. INSURANCE: We are a nonprofit organization and carry a certificate of liability insurance for our scope of work. We have the City of Federal Way, along with the Federal Way Public Schools listed on the policy as well. FOOD: The $905 food allocation will be used for community events that will take place after school, evenings, or weekend. We have allocated this amount to incentivize participation and increase turnout to the trainings, workshops, and other activities related to the C1_R Protocol. PROFESSIONAL SERVICES: We would like to allocate $800 towards covering the stipends for the professional services, i.e. experienced facilitators for our workshops and trainings, on a limited basis. Most of the work will be performed by the Fvv'YAT personnel howe_ier, there \niill be nrracinnc 74 when we will have to provide stipends for facilitators to lead workshops or trainings during some of the community education events. ADMINISTRATION COSTS: We would like to allocate $2,500 to cover administrative costs and overhead expenses related to our scope of work with the CIP Protocol. 12. Please include a program budget as an attachment. N/A 13. If your program is showing a deficit or surplus relative to revenue and expenses in 2020, please explain. Enter N/A if not applicable. N/A 14. Please include any other information that you would like to share that would help in making a funding decision. The FWYAT has made great progress with the critical incident response protocol, has met the compliance requirements of previous contracts, and has become a leading voice in addressing youth violence prevention in the City of Federal Way. Our work is made possible through generous support from the City of Federal Way. We look forward to building on the progress and achievements from Last year. 15. If you are not currently collecting the demographic data, do you agree to begin collecting it if you are funded during this funding process? Yes, we are collecting the demographic data required under the City of Federal Way's Human Service Contract and we agree to continue to collect through this funding process. . s 75 THE FEDERAL WAY YOUTH ACTION TEAM CRITICAL INCIDENT RESPONSE PROTOCOL a. Background The FWYAT is a consortium of caring adults and organizations that partner together to provide authentic, impactful, and relevant youth development opportunities across our community. The FWYAT was formed in response to a rise in community violence, a disproportionate number of school and police referrals to the juvenile justice system and identified service gaps for youth at risk. FWYAT stakeholders are committed to developing community driven responses to youth violence symptoms, creating systems of support for youth who may be the next victims, perpetrators or at risk for populating our juvenile justice system. b. Purpose and Scope Emergencies and critical incidents that take place in the school, community, or workplace can affect people physically and psychologically, and affect the overall program continuity of the Federal Way Youth Action Team (FWYAT). The purpose of this critical incident response policy is to ensure that the FWYAT prepares for and effectively responds to emergency situations and critical incidents, affecting youth (ages 12-24), through the appropriate use of resources, partners, and networks. At the FWYAT, we understand that there may be cases that arise that require critical incident response, for the prevention and effective management of emergency situations and to further provide de-escalation as a response. As an organization and consortium, FWYAT can assist to minimise the negative impact of an unexpected event that may occur with one of our youth participants at the schools they attend, communities in which they reside, or the workplace where they operate. This policy applies to all staff, partners, volunteers, board members, and youth leaders associated with the FWYAT. c. What is a critical incident? A critical incident is any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well-being of a person. A few different types of critical incidents are physical, mental, verbal, environmental issues, incidents that lead to risky unsafe outcomes. i.e (Shooting, Stabbing, Fight). Different types of critical incidents are incidents in the school/educational setting and incidents within the schools, community/police Critical Incidents within the School: Page 1 of 10 76 ❑ A critical incident is an unplanned and unanticipated event that occurs during a lesson and that serves to trigger insights about some aspect of teaching and learning. ❑ A critical incident is something which we interpret as a problem or a challenge in a certain context. It is not a routine occurrence, for example, when a student constantly arrives late in the class, when some students make noise while teachers are teaching, etc. ❑ A critical incident is often personal to an individual teacher. A critical incident is defined by different scholars in different ways. Critical Incidents within the Community/Police Intervention: ❑ There is a growing body of research which focuses on police decision making during critical incidents. This suggests that cognitive bias (a person's pre -determined and unconscious thought process) affects decision making. It tries to shed light on how people might make mistakes when assessing difficult situations, and how this can lead incident commanders to pursue a course of action that might hinder the successful management of an incident. ❑ A fresh understanding about why some commanders might excessively delay or avoid making a decision even when it is clear, both at the time and later, that a decision was needed. ❑ Understanding the factors affecting decision making will help the community and their officers account more clearly for the decisions they make, and to identify what was done to mitigate common errors. This will reduce the fear of excessive accountability, which may prevent officers from making a decision at all. d. Critical Incident Response Protocol The FWYAT plan to respond to a report by having staff, partners, and the community trained effectively for the reporting of an incident. There will be unlimited resources also put in place to be available for incidents. FWYAT will try and prevent critical incidents by considering all incidents reported and identify them early if they were to be reported again. This includes having all incidents past or present managed by the appropriate person that will be effectively looking to prevent further incidents. When major incidents of violence involving youth or young adults occurs, the Critical Incident Response Team works in collaboration with law PnforramPnt and community partners to provide on -scene support and post incident follow up to the victims and perpetrators of violence. The action plan that we will create with the stakeholders in response to a critical incident will be strategic and simple. First step in the action plan will be Preparing for the critical incident. All stakeholders will have an understanding of critical incidents and situations of critical incidents. The second area of the plan Page 2 of 10 77 ,slow FW,,,/ I would be teaching them how to manage the knowledge of what is going on with the critical incident and how the incident may or may not affect them directly or indirectly at all. The third step in the action plan will be for stakeholders to let the public deal with a lot of the responses and for stakeholders to publicly support the public/community while they are restoring confidence and peace back into the incidents reported. Key Personnel and Organizations: ❑ Ambition is Priceless ❑ Good Shepherd ❑ Game of life ❑ My Sistas Spot ❑ Phenomenal She ❑ Progress Pushers ❑ Choose 180 ❑ Tree House ❑ YWCA ❑ Boys and Girls Club ❑ KCLS Libraries ❑ Rugged Genius ❑ Multi Service Center ❑ Communities in schools ❑ Community Passageways ❑ Toast Masters ❑ Good Shepherd Youth Outreach ❑ Kingdom Builders ❑ Pelesse Siva foundation (afterschool) Lead Partner Organizations: ✓ Federal Way Youth Action Team (FWYAT) ✓ Federal Way Public Schools ✓ CHI Franciscan ✓ Multi -Service Center (MSC) ✓ Progress Pushers ✓ Federal Way Police Department (FWPD) Critical Incident Response Team (CIRT) ✓ CIP Lead (CIP-Lead): Evan Cook ✓ CIP Support (CIP-Support) Maju Qureshi ✓ Community Safety Specialist 1 (CSS) Eddie Purpose ✓ Community Safety Specialist 2 (CSS) Lamont Styles ✓ Community Safety Specialist 3 (CSS) Jimmy Brown ✓ Community Safety Specialist 4 (CSS) Winston Bell Page 3 of 10 Intervention Support Team (IST) ✓ Positive Outcomes Program (POP) ✓ Ambition is Priceless (AIP) ✓ My Sistas Spot ✓ Kingdom Builders (Marquise Hale) ✓ Good Shepherd Youth Outreach ✓ Pellesse Siva Foundation ✓ Communities in schools ✓ Federal Way Public Schools ✓ Game of Life ✓ Bentley Therapy ✓ Who Navos (Therapy) Community Safe Space: ✓ King County Library 1st Ave & 320th ✓ Federal Way Youth Action Team ✓ Lifestyles Barber Academy ✓ Multi Service Center ✓ Positive Vibes (The Commons Mall) ✓ Phenomenal She ✓ EX3 (Boys & Girls Club) ✓ Boys and Girls Club (8th Ave) Community Safety Partners (CSP) ✓ Federal Way School District ✓ City of Federal Way ✓ Federal Way Police Dept. ✓ Progress Pushers ✓ Toast Masters ✓ Community Intervention Team - Seattle Incident Notification: Notification: Law Enforcement, Community Safety Specialist (CSS), Community Safety Partners (CSP) or youth notify Critical Incident Response Team (CIRT) of critical incidents in progress. FWYAT response is to identify, coordinate, resolve, then close the incident out the best effective way. In these responses every incident will bP stri ictured arnund the incident at hand When Law Enforcement Partner (LEP) notifies first: 1. LEP notifies Cl R-Lead/CIR-Support 2. CIR-Lead texts deployment plan to CIR Team 3. CSS's arrive on -scene and text confirmation of incident Page 4 of 10 79 4P N%YVT 4. CSS's will maintain communication with CIR-Lead/CIR-Support sending details and updates as safe and appropriate - every 15-30 minutes until notified to stop. S. CIR-Lead/CIR-Support text team assignment for follow up plan: mediation at home/other locations listed. When an Communis Safety Specialist (CSS) is notified first: (witnesses, notified by youth or community member or service provider) 1. Text message details to CIR-Lead 2. CSS deploys to scene, on arrival confirm risk of incident & on -scene assessment 3. CSS's will maintain text communication with CIR-Lead/CIR-Support sending details and updates as safe and appropriate - every 15-30 minutes until notified to stop. 4. CIR-Lead/CIR-Support will text team assignment as appropriate for follow up plan: mediation at home/other location, hospital visit, etc. Deployment: Deployment Once Team is notified of the incident, the CIR-Lead will assess the incident using the 4W+H Formula to determine if the incident warrants deployment. 4W + H Formula: Success depends on how many of these questions can be answered before deploying. • WHAT: (20%) • WHEN: (20%) • WHERE: (20%) • WHY: (20%) • HOW: (20%) TOTAL:100% STOP Formula: The first point of contact after a critical incident in Federal Way is to the Federal Way Youth Action Teams outreach coordinator. If the incident is life threatening and out of the outreach coordinators responsibilities, then contact the Federal Way Police Department. 1. Slowdown: Identification i en i e issue — - 2. Think: Coordination (coordinate all parties/information involved in the incident) Page 5 of 10 80 �✓dIlWlT Observe: Resolution (investigate and come to a supporting conclusion to the incident) 4. Plan: Closure (finalizing the incident and solving the incident). Once these steps are followed and the CIR-Lead confirms deployment the CSS's deploy to the scene, where they maintain text communication with CIR-Lead every 15-30 minutes until instructed to stop. CIR-Leader and CIR-Support will coordinate law enforcement communication and direct crisis response until the scene is cleared. On -Scene: Standard Operating Procedures (SOP) Once deployed CIR-Lead and CSS's will follow the On -Scene SOP CALL IN EN -ROUTE • Known trouble location • Emergency/egress routes • Crisis map (built from past • Geographical crisis signs situations) • Possible areas of cover • Risk factors/red flags- anything • Safe Zones/populated areas that puts you in danger • Uncontrollable areas/Danger • Risk Triggers (take risk factors zones to action) • Additional resources (added Safety route (pre-set) help) • Danger zone • Position vehicle for safe egress indicators/additional resources ON SCENE SIZE UP • Confirm the Call-in • Incident assessment • General scan of the area • ID all threats/triggers • Size up the most important o Are they/can they be isolated? aspect of actual engagement • Where will the command post • Paints the picture of how be? operations will flow and be • Where is the staging area? structured • Is threat still on scene • Injuries? • Can the scene be secured? • Placement of car/manpower • Altered Level Of Consciousness? • Physical interaction in progress? - • - How many people are involved? • Law enforcement present? • Help on scene? • More resources needed? Page 6 of 10 On -Scene Support: To prevent retaliation, CSS's deescalate and mediate tensions, manage rumors, and gather critical information about what may have led to incident. CSS's determine what connections they have to victim(s), perpetrator(s), families, friends and associates. CSS's gather contact information at the scene in order to follow up with all parties. If incident takes place in school or youth -serving location or event, CSS's will provide safe passage away from scene for all youth/young adults On scene Community Safety Specialist (CSS) Function 1. Look for youth/bystanders you know and connect with them 2. Avoid visible police contact on scene, however be respectful (visibility loses credibility) 3. Update CIR=Lead every 15-30 minutes until directed to stop 4. Provide basic de-escalation as needed/able at scene S. Report critical details and information to CIR-Lead for the duration of the incident CSS Guide for Information gathering at scene: 1. Identity of victim 2. Identity of perpetrator 3. Victim's condition: will the victim be hospitalized, which hospital, etc. 4. If perpetrator is found/arrested, try to determine if they will be @ Juvenile Detention (we can find out later, but if you can connect at scene try) S. Who do we have relationships with directly/indirectly? Do you have their contact information? -6. Who is as-socrated with perpetrator or victim? Do youknowtheir friends, --- -- family or associates? Post Scene Support: Page 7 of 10 • Most important question: What specifically are you up against? EGRESS DEBRIEF ENTIRE • Established safe routes OPERATION/REWRITE • Remember you are still • What went wrong? vulnerable • What worked? • Only time you are secure is • Was protocol followed? when you are in the safe zone • Did outside help do what you • Established cover/concealment expected? • Totally removed from the crisis • Any flaws recognized? • Develop new lesson plan • Dates to practice new lessons • Document! On -Scene Support: To prevent retaliation, CSS's deescalate and mediate tensions, manage rumors, and gather critical information about what may have led to incident. CSS's determine what connections they have to victim(s), perpetrator(s), families, friends and associates. CSS's gather contact information at the scene in order to follow up with all parties. If incident takes place in school or youth -serving location or event, CSS's will provide safe passage away from scene for all youth/young adults On scene Community Safety Specialist (CSS) Function 1. Look for youth/bystanders you know and connect with them 2. Avoid visible police contact on scene, however be respectful (visibility loses credibility) 3. Update CIR=Lead every 15-30 minutes until directed to stop 4. Provide basic de-escalation as needed/able at scene S. Report critical details and information to CIR-Lead for the duration of the incident CSS Guide for Information gathering at scene: 1. Identity of victim 2. Identity of perpetrator 3. Victim's condition: will the victim be hospitalized, which hospital, etc. 4. If perpetrator is found/arrested, try to determine if they will be @ Juvenile Detention (we can find out later, but if you can connect at scene try) S. Who do we have relationships with directly/indirectly? Do you have their contact information? -6. Who is as-socrated with perpetrator or victim? Do youknowtheir friends, --- -- family or associates? Post Scene Support: Page 7 of 10 CSS's are available to go to the hospital with the family and provide mediation and de-escalation as needed. CSS's are notified if perpetrator(s) is detained and then provide in -reach to perpetrator at King County Juvenile Detention. Follow Up Support Steps Follow -ug (Externall: The Critical Incident Response Team (CIPT) is recommended to provide follow-up with victims and perpetrators for a minimum of 30 days post incident. It is recommended that the CIPT provides support services to victims and families, including accompanying family to hospitals and supporting memorial, vigil and funeral planning and attend all events related to the incident. Follow-up (Internal): ✓ CIP-Lead will host a Critical Incident Debrief meeting with CIP-Team post incident and will document information gathered during on -scene and post scene support. ✓ CIP-Lead coordinates a Critical Incident Response Meeting with law enforcement and all appropriate partners (schools, community stakeholders) within 24/48 hours of incident. During this meeting, partners share information, plan strategies to diffuse further tension, create action plans to interrupt conflict and increase community safety. ✓ CIP-Lead will call a CIP-Team Debrief to map critical information (history leading up to incident, relationships between victim and perpetrator, possibility of retaliation, individuals who may become involved etc.) CIP-Lead & CIP-Support will document and track all incidents. ✓ CIP-Lead will call the Critical Incident Debrief: Emergency meeting within 24/48 hours of incident (whenever possible) that includes CSS's, Law Enforcement Partners (LEP) and community partners (if they have information about incident, relationship to victim or perpetrator etc.) to determine follow up plan, share information, and strategize ways to prevent retaliation and further violence. Site Specific Follow-up Guide Hospital: CIP-Lead/CIP-Support will coordinate with Social Workers at Harborview so CSS's can visit youth_an_d_b_rin_gyou_uth and family resources (vouchers, bus tickets snacks_ etc.) CSS's will offer to assist family with Victims Assistance information etc., and build rapport with family, offer comfort and be an added support. During all interactions with youth and families CSS will listen carefully to determine any information that will help us prevent retaliation and further violence. Page 8 of 10 Juvenile: Law Enforcement Partner will be notified if the perpetrator has been detained at King County Juvenile Detention and CIR-Lead will work with KCJD staff to set up one on one with CSS and youth. Home: CIR-Lead/CIR-Support will check in with the family of victim and perpetrator whenever possible. CIR-Director/ CIR-Support will determine who does home visits for mediation, family assistance, vigil and funeral planning etc. Funerals: Critical Incident Response Team will be present at all funerals and events surrounding the loss of a youth. Communication and Documentation: CIR-Lead will communicate directly with law enforcement during and after the incident. CIR-Lead will document meeting minutes of Critical Incident Response Team Debrief. CIR-Lead will document meeting minutes for 24/48Hour Post Critical Incident Response Debrief and all communication points in Critical Incident Response Log. CSS's will document all activities of the incident. Documentation: 1. CIR-Lead/ CIR-Support keeps minutes during Critical Incident Response Team Debrief and stores in safe file 2. CSS's will document all activity and follow up and complete a critical incident report (including all de-esc, mediation etc.) 3. CSS's will submit Incident Report to CIR-Lead 4. CIR-Lead keeps meeting minutes of 24 Hour Post Critical Incident Response Debrief S. CIR-Lead logs incident in Critical Incident Response Log Major Event Staffing CIR-Team participates in safety planning and staffing Major events involving youth with partnership with law enforcement and community partners to maintain safety at community events. The team's goal is to help with crowd control, de-escalate and mediate tensions and work to prevent potential retaliations or incidents of violence. • CIR-Team participates in Event Planning meetings held with law enforcement partners to plan for event safety • CIR-Team staffs events and report to CIR-Lead per Critical Incident Response expectations Page 9 of 10 • CIR-Director manages all communications between team and partners (law enforcement especially) during events • CIR-Team participates in all Event Debrief sessions Page 10 of 10 IN This Page Left Blank Intentionally SUBJECT: AGREEMENT WITH PHENOMENAL SHE FOR AFTER SCHOOL PROGRAMMING POLICY QUESTION: Should the City enter into an agreement with Phenomenal She for after school programming? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development ............... ...... ......... _ ......... ...... ...... ........ .......... Attachments: 1. Staff report 2. Agreement Options considered: Option 1: Approve the proposed agreement. Option 2: Do not approve proposed agreement and provide direction to staff. MAYOR'S RECOMMENDA' ON: Option 1. MAYOR APPROVAL: v DIRECTOR APPROVAL: to ittee cout Initial/Date Initis /Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " Committee Member Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING ,Ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # LIM CITY OF FEDERAL WAY MEMORANDUM DATE: January 22, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Agreement with Phenomenal She for After School Programming Financial Impacts: The cost to the City for After School Programs was included within the approved budget as amended under the Community Development Department. This specific grant was not included, but will be within the approved amount. In accordance with the approved budget, the grant from the Washington State Legislature via the Department of Commerce in the amount of $142,500.00 will fully reimburse the costs. Upon completion of the grant period, there are no anticipated future costs. Background Information: The Washington Legislature provided $150,000 for after school programs in Federal Way. $142,500.00 is available to the City and will be provided to non -profits providing after school programs in the City. The funds are responding to a recommendation of the Violence Prevention Coalition Steering Committee ("VPCSC"). The City completed a competitive grant Request for Proposal ("RFP"). Two members of the VPCSC and two Human Services Commissioners reviewed and evaluated applications and made recommendations for funding. The recommendations for funding included $35,892.00 for Phenomenal She for the period of January 1, 2020 through June 30, 2020. Funding will expand services for middle school and high school aged youth and young adults o color in e era ay an o er increase men oring, grou - social activities. Phenomenal She services young women of color and will partner with Game of Life to serve young men. The primary outcome will be increased employment and educational attainment. With support of this grant, a minimum of ten youth will receive service via 48 group sessions and two field trips. 88 Rev. 7/18 CITY of CITY HALL Federal Wa` y 33325 8th Avenue South Federal Way, WA 980038003 -6325 (253) 835-7000 www cityoffederalway com HUMAN SERVICES AGREEMENT FOR PHENOMENAL SHE AND GAME OF LIFE: AN AFTER SCHOOL PROGRAM This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Phenomenal She, a Washington nonprofit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: PHENOMENAL SHE: Carlecia Bell 1632 SW Dash Point Rd. Federal Way, WA 98023 (253) 237-2411 (telephone) C arl eci aB ell @phenomenal s The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325. (253) 835-2650 (telephone) Sarah.Bridgeford@cityoffederalway.com 1. TERM. The term of this Agreement shall be for a period commencing on January 1, 2020 and terminating on June 30, 2020 ("Term"). 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 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. Additionally, the Agency shall perform in accordance with the provisions of the Services Contract between the City and the Washington State Department of Commerce ("Services Contract"), which is Exhibit C, attached here to and incorporated by this reference, to the same standards of professional practice previously stated. 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 the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, breaches confidentiality, or materially violates Section 12, and such may result in ineligibility for further City agreements. 4. COMPENSATION. 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. E -*9 HUMAN SERVICES AGREEMENT - 1 - 3/2017 o� CITY OF HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 Federal (253) 835-7000 www c1tyoffederahvay com 4.2 Method of Payment. On no more than a monthly 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 no less than 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 in Exhibit A. Should the Agency fail to meet the performance monitor compliance with the performance measures set forth measures for each month and/or quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Community Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice, 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 an in emm t e ity, its e ecte o icia s, 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. 90 HUMAN SERVICES AGREEMENT - 2 - 3/2017 CITY OF CITY HALL �� Fed ` r ` l Way 33325 81h Avenue South �.i a Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaiway 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 subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $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 the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. T, NT 11 - - A 11 inform i regarding the Cit3ca taro d by Agency in erformance 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 shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. 91 HUMAN SERVICES AGREEMENT -3 - 3/2017 CITY OF CITY HALL 33325 8th Avenue South h Federaly 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, the Department of Commerce, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Agency shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. 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 - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no 92 HUMAN SERVICES AGREEMENT - 4 - 3/2017 CITY OF CITY HALL ''�,, Fe d e ra 11lVy 33325 8th Avenue South 1%Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederatway com 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, 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 �f m rt gal execution" hereof [Signature page follows] 93 HUMAN SERVICES AGREEMENT - 5 - 3/2017 CITY OF 00�1 Federal Way CITY HALL 33325 8th Avenue South 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: Jim Ferrell, Mayor DATE: PHENOMENAL SHE: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/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 , 20_. Notary's signature Notary's printed name 94 HUMAN SERVICES AGREEMENT - 6 - Notary Public in and for the State of Washington. My commission expires 3/2017 CITY OF .. Federal Project Summary CITY HALL 33325 8th Avenue South Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT A SERVICES The Agency shall provide after school services that are designed to be culturally relevant to people of color and provided to middle school and high school aged youth and young adults of color in the City of Federal Way. The Agency will offer curriculum -based life skills, behavioral health counseling, and homework assistance. The Agency will contract with Game of Life as a subcontractor to offer behavioral modification techniques, conflict resolution, and group counseling. 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: 'B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: Monthly Total No. of unduplicated Federal Way persons assisted in 2020 1-2 10 'B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: C. Definition of Services 1. Group Sessions: Groups sessions include curriculum -based workshops, homework assistance, counseling, and mentoring. An average of two (2) sessions are provided per week. Each session is a minimum of one hour. 2. Attendance at Group Sessions: The number of youth who attend per session. Youth and young adults will be counted for each session they attend and may be duplicated (counted more than once over the period of the agreement). 3. Field Trips: Quarterly activities provided to build relationships while offering unique experiences. 95 HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 Monthly Total 2020 1. Group Sessions 8 48 2. Attendance at Group Sessions 80 480 3. Field Trips 0-1 2 C. Definition of Services 1. Group Sessions: Groups sessions include curriculum -based workshops, homework assistance, counseling, and mentoring. An average of two (2) sessions are provided per week. Each session is a minimum of one hour. 2. Attendance at Group Sessions: The number of youth who attend per session. Youth and young adults will be counted for each session they attend and may be duplicated (counted more than once over the period of the agreement). 3. Field Trips: Quarterly activities provided to build relationships while offering unique experiences. 95 HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 `CITY OF Federal omw� D. Performance Measure(s) CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cttyoffederahvay.com Outcome(s) to be reported: 1. Increased employment and educational attainment: measured by job placements and school enrollment. E. Service and Performance Documentation and Recordkeeping The Agency shall document service performance, as well as related expenses, to reflect that funding for Expanded Learning and Career Development is being provided from the Department of Commerce via a contract with the City of Federal Way. Each requires distinct and separate documentation to identify how funds are used and that the use if consistent with the Grant Agreement and this Agreement. Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs, payroll for actual salary and fringe benefit costs. ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and ■ for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of client address; residency verified via King County Parcel Viewer. 96 HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 CITY OF Federal CITY HALL �� 33325 8th Avenue South Way Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederahvay corn 10. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2019 Income Limits Summary (effective 4/2412019) FY 2019 1 2 3 4 5 6 7 8 Median Income King County Income Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,200 $35,900 $38,550 $41,200 $43,850 Income Limits Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 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 June 30 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 June 30 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 and the Washington State Department of Commerce. 97 HUMAN SERVICES AGREEMENT -3 - HSA Exh 5/2017 CITY OF .- Federal Proiect Budget CITY HALL W—a y 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www c0offederalway com EXHIBIT B COMPENSATION The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Thirty -Five Thousand Eight Hundred Ninety -Two Dollars and 00/100. ($35,892.00). A. City of Federal Way Funds 2020 City of Federal Way (Dept. of Commerce Funds): $35,892.00 Total City of Federal Way Funds: $35,892.00 B. Line Item Budget 2020 Personnel Services (detail below) $7,201.40 Office or Operating Supplies $1,200.00 Food $2,400.00 Communications $1,000.00 Field Trips and Transportation $2,500.00 Professional Services (Game of Life) $16,151.40 Other (specify): Software Tools/Marketing $1,850.00 Administration (Overhead) $3,589.20 Total City of Federal Way Funds: $35,892.00 C. Personnel Detail Position Title Position Full Time Equivalent Annual Salary and Benefits HS Funds Executive Director 0.06 $80,000.00 $5,000.00 Administrative Assistance 0.13 $17,472.00 $2,201.40 Total: 0.19 $97,472.00 $7,201.40 Reimbursement Requests and Service Unit Report forms shall be submitted no less frequently than monthly and are due on the 15th of each month, but not less than the following dates: s ua er: pri or wi i , -- 2nd Quarter: Final Reimbursement Request and Service Unit Report forms due June 15; and Demographic Data Report and Annual Outcome Data Report with supporting documentation due June 30. 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 Monthly Payments: W HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 4 CITY OF Federal Way 2020 Monthly $5,982.00 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Expenses must be incurred prior to submission of reimbursement requests. Proof of expenditures must be attached to the reimbursement request for invoice to be approved. Reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated monthly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding month. 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. 99 HUMAN SERVICES AGREEMENT - 5 - HSA Exh 5/2017 Department of Commerce Services Contract with City of Federal Way Through Community Economic Opportunities Unit For Pilot Program to support and supplement after-school educational and recreational activities to provide a safe environment for local community youth Start date: July, 1, 2019 100 S20-32102-01 THIS PAGE INTENTIONALLY LEFT BLANK 101 Table of Contents Special Terms and Conditions........................................................................................ 1 FaceSheet............................................................................................................ 1 1. Contract Management............................................................................. 2 2. Compensation..........................................................................................2 3. Billing Procedures and Payment.............................................................. 2 4. Subcontractor Data Collection.................................................................. 3 5. Insurance................................................................................................. 3 6. Order of Precedence................................................................................ 3 General Terms and Conditions....................................................................................... 4 1. Definitions................................................................................................4 2. Access to Data........................................................................................ 4 3. Advance Payments Prohibited................................................................. 4 4. All Writings Contained Herein.................................................................. 4 5. Amendments........................................................................................... 4 6. Americans With Disabilities Act (ADA) ..................................................... 4 7. Assignment..............................................................................................4 8. Attorneys' Fees........................................................................................4 9. Confidentiality/Safeguarding of Information ............................................. 5 10. Conflict of Interest.................................................................................... 5 11. Copyright.................................................................................................5 12. Disputes.................................................................................................. 6 13. Duplicate Payment................................................................................... 6 14. Governing Law and Venue...................................................................... 6 15. Indemnification........................................................................................ 7 16. Independent Capacity of the Contractor ................................................... 7 17. Industrial Insurance Coverage.................................................................7 18. Laws........................................................................................................7 19. Licensing, Accreditation and Registration ................................................ 7 20. Limitation of Authority.............................................................................. 7 21. Noncompliance With Nondiscrimination Laws .......................................... 7 22. Pay Equity............................................................................................... 8 23. Political Activities..................................................................................... 8 24. Publicity...................................................................................................8 25. Recapture................................................................................................8 26. Records Maintenance..............................................................................8 27. Registration With Department of Revenue ............................................... 9 28. Right of Inspection....................................................................... 9 29. Savings....................................................................................................9 30. Severability..............................................................................................9 31. Site Security............................................................................................ 9 32. Subcontracting.........................................................................................9 33. Survival....................................................................................................9 34. Taxes...................................................................................................... 9 35. Termination for Cause........................................................................... 10 36. Termination for Convenience................................................................. 10 37. Termination Procedures ....... ..... ................. ........ _................ -:... 10 38. Treatment of Assets............................................................................... 11 39. Waiver................................................................................................... 11 Attachment A, Scope of Work....................................................................................... 12 AttachmentB, Budget................................................................................................... 13 S20-32102-01 102 FACE SHEET Contract Number: S20-32102-01 Washington State Department of Commerce Community Services & Housing Division Community Economic Opportunities Unit S20-32102-01 103 2. Contractor Doing Business As (optional) 1. Contractor City of Federal Way Community Services 33325 8t' Avenue South Federal Way, WA 98003 3. Contractor Representative 4. COMMERCE Representative Sarah Bridgeford Karen Dunn PO Box 42525 City of Federal Way — Community Services Program Manager 9011 Plum Street SE 253-835-2420 360-725-2822 Olympia, WA 98504-2525 Sarah. Bridgeford@cityoffederal way.com Karen. Dunn@Commerce. W A.Gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $142,500 Federal: ❑ State: ® Other: ❑ N/A: ❑ 7/1/19 6/30/21 9. Federal Funds (as applicable) Federal Agency: CFDA Number N/A N/A N/A 10. Tax ID# II. SWV# 12.UBI# 13. DUNS# 91-1462550 SWV001597-00 601-223-538 61-250-9901 14. Contract Purpose Funds will be used to support and supplement additional after-school recreational and educational programs to provide a safe environment for community youth. Contractor is approved to spend per each State Fiscal Year as follows: SFY20: $71,250 7/1/19 — 6/30/20 / SFY21: $71,250 7/1/20 — 6/30/21 COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" — Budget. FOR CONTRACTOR FOR COMMERCE Diane Klontz, Assistant Director Date <insert title> Date APPROVED AS TO FORM ONLY BY ASSISTANT APPROVAL ON FILE S20-32102-01 103 SPECIAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. COMPENSATION COMMERCE shall pay an amount not to exceed $142,500 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor is approved to spend only the indicated amount per fiscal year as identified under Section 14 of the Contract Face Sheet. Funds cannot be carried over from one state fiscal year into the next. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms: EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $142,500, which amount is included in the Contract total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 3. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number S20- 32102-01. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 4. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. S20-32102-01 104 SPECIAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 5. INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall provide COMMERCE thirty (30) calendar days' advance notice of any insurance cancellation, non -renewal or modification. The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Contract start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Contract, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Contract involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subcontractors that receive $10,000 or more per year in funding through this Contract shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or Certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days' advance written notice of cancellation ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget S20-32102-01 3 105 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Contractor shall provide access to data generated under this Contract to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Contract shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys' fees and costs. S20-32102-01 4 106 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 10. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked with the COMMERCE program executing this Contract, including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 -month period preceding the start date of this Contract. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Contract. --tn the event -this contract is terminated as provided above, COMMERCE shall be entitled_ to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of COMMERCE: provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for S20-32102-01 5 107 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS hire" under the U.S. Copyright laws. the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 12. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Contract Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT - - - -- -- COMMERCE shall not pay the Contractor, if the Contractor has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. 14. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. S20-32102-01 6 108 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 15. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 17. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 18. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract - Furthermore -,any alteration, - -- - - amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, r-egula tion$ and policie$. In the e.�ent nf -1 the ('�—actrJ, - nen_rnm pliwce nr — refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to S20-32102-01 109 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 22. PAY EQUITY The Contractor agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by the Department, if the Department or the Department of Enterprise services determines that the Contractor is not in compliance with this provision. 23. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 25. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 26. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. S20-32102-01 110 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Contractor shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 29. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 30. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 31. SITE SECURITY While on COMMERCE premises, Contractor, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 33. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. S20-32102-01 111 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 35. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 37. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of the Authorized Representative. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: 1. Stop work under the contract on the date, and to the extent specified, in the notice; 2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; 10 S20-32102-01 112 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 38. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. S20-32102-01 11 113 Attachment A Scope of Work Funding will provide a safe environment for community youth and incorporate evidenced -based violence prevention strategies. The pilot will deliver community-based afterschool and year-round programs and offer learning opportunities to enhance academic performance and skill building for youth. PROGRAM FOCUS Partner with local agencies and/or organizations, the pilot will be based upon areas of the highest need in the community and focus on the following: • Coordinating and implementing activities to allow youth to learn, develop, connect to and enhance a specific set of skills. • Employing educational strategies that use active forms of learning and engage students in the learning process through program activities. • Focusing appropriate time and resources on student instruction and skill development. • Developing clear and explicit learning goals that are understood by program participants in well- defined and specific terms. PERFORMANCE DELIVERABLES By June 30, 2021, provide an evaluation/report of evidence based practices to enable parents, educators, business leaders and policy makers to see the range of positive outcomes associated with participation in afterschool programs. Program evaluation should enable the afterschool field understand the elements of quality afterschool programs, spurring continuous improvements in programs and a growing sophistication of the field. Program evaluation should demonstrate evidence of the positive impact of after-school programs on student's academics, attendance, and engagement in learning and behavior. S20-32101-01 Attachment A (Scope of Work) 12 114 L Q o °A L _ 4� U o r6 Q1 � O �O tx L QJ _ OClC v L � ro — L 3 oLn � C o Eo rn ._ O _ U O � U U •2 O � � L � Q OLn 4J a� Ln -O O -C � v F- ro � -O QJ C ru E ro O E E U E N U >-I O O . Z O L C � C O u > L O '� O Q L } rn L {n f6 E C b Ln — O QJ U C tw -O ro -0 Ln Q O O - Q v On - a) O a C O � N O 4.1 N L ro N U rn N n O v -E E L 4- Ln O N o Y ~ ro 4- a) i C } ro O v Q) D — C -0 U M CD L + O ai (n y L V Q 115 O O O O in Ln Ln N N N �1 O O t/? t!} o O O Lr) L N N N O r- O (\ t!} V). O O O N N N vi w LU w O (J U �i O O Co C v Z U z0) 4 N LLJ Z O_ V u v O v @ U > Ln V L C n cr- LU LU a � N �_ Z Ln O u Q OA CO Q O O O VI F- Y VI O > CL O Q Q) o > O Q v o O r6 C v Q O C Ci O C n 0 N O a + O U U C 4A C O C C ro n p - E o Q u O 4 v U U U N O C i Q U V N U U COaj V a U W �, Q o w v E c ao O V YccQj > V -� 'a 41 Q 9= W U v U O V Ul • O LLJ Z rCa N Q Z v c CO CCUJ p F - Z Ln m O N to m L U w _N ra tai f O no m O i U c rp (>0 t1 rn w to a, L CU +� O z — 115 This Page Left Blank Intentionally 116 COUNCIL MEETING DATE: February 18, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT WITH EL CENTRO DE LA RAZA FOR AFTER SCHOOL PROGRAMMING POLICY QUESTION: Should the City enter into an agreement with El Centro de la Raza for after school programming? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development ........__. ....... ......... .... ............. _..... Attachments: 1. Staff report 2. Agreement Options considered: Option 1: Approve the proposed agreement. Option 2: Do not approve proposed agreement and provide direction to staff. MAYOR'S RECOMMENDS ION: Option 1. MAYOR APPROVAL: 'j / �? o DIRECTOR APPROVAL: 3/ /yoZp CQ m�i[/a Co it Initial/Date r Initial/Uate Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " Committee Member Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to execute said agreement. " 117 (BELOWTO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 117 CITY OF FEDERAL WAY MEMORANDUM DATE: January 25, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Agreement with El Centro de la Raza for After School Programming Financial Impacts: The cost to the City for After School Programs was included within the approved budget as amended under the Community Development Department. This specific grant was not included, but will be within the approved amount. In accordance with the approved budget, the grant from the Washington State Legislature via the Department of Commerce in the amount of $142,500.00 will fully reimburse the costs. Upon completion of the grant period (July 1, 2019 through June 30, 2021), there are no anticipated future costs. Backparound Information: The Washington Legislature provided $150,000 for after school programs in Federal Way. $142,500.00 is available to the City and will be provided to non -profits providing after school programs in the City. The funds are responding to a recommendation of the Violence Prevention Coalition Steering Committee ("VPCSC"). The City completed a competitive grant Request for Proposal ("RFP"). Two members of the VPCSC and two Human Services Commissioners reviewed and evaluated applications and made recommendations for funding. The recommendations for funding included $35,892.00 for El Centro de la Raza for the period of July 1, 2020 through June 30, 2021. Funding will expand services for youth in Federal Way with a focus on Latino, Spanish be improved positive approaches toward learning/increased school connection, improved attention skills and increased self-confidence, and grade level achievement and/or semester grade improvement in at least one core subject. With support of this grant, a minimum of 36 youth will receive service. It is expected that youth will participate in a minimum, cumulative total of 100 sessions. 118 Rev. 7/18 CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 Fe d e ra 11Nay (253) 835-7000 www cityoffederalway com HUMAN SERVICES AGREEMENT FOR AFTER SCHOOL AND SUMMER LEARNING PROGRAM This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and El Centro de la Raza, a Washington public benefit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: EL CENTRO DE LA RAZA: Estela Ortega 1607 S 341St Place Federal Way, WA 98003 (206) 957-4629 The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2650 (telephone) Sarah.Bridgeford@cityoffederalway.com 1. TERM. The term of this Agreement shall be for a period commencing on July 1, 2020 and terminating on June 30, 2021 ("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 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. Additionally, the Agency shall perform in accordance with the provisions of the Services Contract between the City and the Washington State Department of Commerce ("Services Contract"), which is Exhibit C, attached here to and incorporated by this reference, to the same standards of professional practice previously stated. 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 the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Agency ai s to maintain requu-e insurance, reac es coni en is i y, or ma ena y vio a es ec ion , 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. 119 HUMAN SERVICES AGREEMENT - 1 - 3/2017 CITY OF CITY HALL Federal Wa33325 8th Avenue South AIIIIII Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffederaederalway 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. 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 s a ensure a eac su con rac or s a agree odefen > 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. 120 HUMAN SERVICES AGREEMENT - 2 - 3/2017 CITY OF CIN HALL All Feder' 33325 8th Avenue South Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedera/way 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 subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $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 the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. _.7 ment 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 shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. 121 HUMAN SERVICES AGREEMENT -3 - 3/2017 CITY OF CITY HALL Federal Wa Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cntyvffederahvay 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, the Department of Commerce, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Agency shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. 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 o 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 Assiument 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 - 122 HUMAN SERVICES AGREEMENT - 4 - 3/2017 clrY OF CITY HALL Federal � 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway 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 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, 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] 123 HUMAN SERVICES AGREEMENT - 5 - 3/2017 CITY OF CITY HALL ra' Feder 8th Avenue South Federal Way, WA 98003-6325 FedeWay (253) 835-7000 www atyoffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: EL CENTRO DE LA RAZA: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/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 Notary's signature Notary's printed name 20 Notary Public in and for the State of Washington. My commission expires 124 HUMAN SERVICES AGREEMENT - 6 - 3/2017 Federal Way EXHIBIT A SERVICES Project Summary CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyot%deralway. com The Agency shall provide after school and summer learning services that are designed to provide academic support and be culturally relevant to Latino, Spanish speaking youth. Services will be provided to 6th, 7th, and 8th grade youth from the City of Federal Way. Services will include, but not be limited to, academic tutoring, technology training, cultural enrichment, restorative justice, and trauma informed case management for students and families. 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: B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: 7/l/2020-6/30/2021 Jul -Sep Oct -Dec Jan -Mar Apr -Jun Total 9 9 q 36 No. of unduplicated Federal Way persons assisted in 7/l/2020-6/30/2021 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: 7/l/2020-6/30/2021 Jul -Sep Oct -Dec Jan -Mar Apr -Jun Total 25 25 25 25 100 1. Attendance C. Definition of Services 1. Attendance: The number of youth who attend per session. Youth will be counted for each session they attend and may be duplicated (counted more than once over the period of the agreement). D Performance Measure(s) — Outcome(s) to be reported: 1. Improved positive approaches toward learning/increased school connection: At least 75% of participants will improve connection to learning and school as measured by attendance, surveys, and observation. 2. Improved attention skills and increased self-confidence: at least 75% of students will improve attention skills as measured by attendance, surveys, and observation. 3. Grade level achievement and/or semester grade improvement in at least one core subject: 75% of participants will achieve as measured by grades. 125 HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederatway com E. Service and Performance Documentation and Recordkeeping The Agency shall document service performance, as well as related expenses, to reflect that funding for Expanded Learning and Career Development is being provided from the Department of Commerce via a contract with the City of Federal Way. Each requires distinct and separate documentation to identify how funds are used and that the use if consistent with the Grant Agreement and this Agreement. Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs, payroll for actual salary and fringe benefit costs. ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and ■ for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of client address; residency verified via King County Parcel Viewer. 126 HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 CITY OF ,0 ,,...,.. Fe d e r l CITY HALL 8th Avenue South Feder Y Federal Way, WA 98003-6325 (253) 835-7000 www atyoflederahvay com 10. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2019 Income Limits Summary (effective 4/24�2019J FY 2019 Median Income Income 1 2 3 4 5 6 7 8 King County Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,200 $35,900 $38,550 $41,200 $43,850 Income Limits Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 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 June 30 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 June 30 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 and the Washington State Department of Commerce. 127 HUMAN SERVICES AGREEMENT -3 - HSA Exh 5/2017 CITY OF '�•.... Federal Project Budget CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ci"federah+ay. com EXHIBIT B COMPENSATION The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Thirty -Five Thousand Eight Hundred Ninety -Two Dollars and 00/100. ($35,892.00). A. City of Federal Way Funds 7/l/2020- Personnel Services (detail below) 6/30/2021 City of Federal Way (Dept. of Commerce $35,892.00 Funds): $35,892.00 Total City of Federal Way Funds: $35,892.00 B. Line Item Budget 7/1/20-6/30/21 Personnel Services (detail below) $30,000.00 Rent $5,892.00 Total City of Federal Way Funds: $35,892.00 C. Personnel Detail Position Title Position Full Time Annual Salary 7/1/20 — 6/30/21 Equivalent and Benefits Program Coordinator 0.28 FTE for 1 year $71,651.00 $20,500.00 (Full-time salaried osition Program Instructor $26/hr + 50% benefits $33,572.00 $9,500.00 (Part-time hourly for 1 year. position) Total: $105,223.00 $30,000.00 Report forms shall be submitted no less frequently than quarterly and are due on the following dates: July 1, 2020 -June 30, 2021: July -September: October 15; and cto er- ecem er: anuary - - January -March: April 15; and April -June: Final Reimbursement Request and Service Unit Report forms due June 15; Demographic Data Report and Annual Outcome Data Report with supporting documentation due June 30. 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: 128 HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 CITY OF �...._. Federal Warr July 1, 2020 -June 30, 2021 1St Qtr $8,973.00 2nd Qtr $8,973.00 3rd Qtr $8,973.00 4th Qtr $8,973.00 CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 www atyoffederahvay 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. 129 HUMAN SERVICES AGREEMENT - 5 - HSA Exh 5/2017 sDepartment• Commerce Services Contract with City of Federal Way Through Community Economic Opportunities Unit For Pilot Program to support and supplement after-school educational and recreational activities to provide a safe environment for local community youth Start date: July, 1, 2019 130 S20-32102-01 THIS PAGE INTENTIONALLY LEFT BLANK 131 Table of Contents Special Terms and Conditions........................................................................................ 1 FaceSheet............................................................................................................ 1 1. Contract Management............................................................................. 2 2. Compensation..........................................................................................2 4 3. Billing Procedures and Payment.............................................................. 2 4. Subcontractor Data Collection.................................................................. 3 5. Insurance................................................................................................. 3 6. Order of Precedence................................................................................ 3 GeneralTerms and Conditions....................................................................................... 4 1. Definitions................................................................................................4 2. Access to Data........................................................................................ 4 3. Advance Payments Prohibited.................................................................4 4. All Writings Contained Herein.................................................................. 4 5. Amendments........................................................................................... 4 6. Americans With Disabilities Act (ADA) ..................................................... 4 7. Assignment..............................................................................................4 8. Attorneys' Fees........................................................................................4 9. Confidentiality/Safeguarding of Information ............................................. 5 10. Conflict of Interest.................................................................................... 5 11. Copyright.................................................................................................5 12. Disputes.................................................................................................. 6 13. Duplicate Payment................................................................................... 6 14. Governing Law and Venue...................................................................... 6 15. Indemnification........................................................................................ 7 16. Independent Capacity of the Contractor ................................................... 7 17. Industrial Insurance Coverage.................................................................7 18. Laws........................................................................................................ 7 19. Licensing, Accreditation and Registration ................................................ 7 20. Limitation of Authority.............................................................................. 7 21. Noncompliance With Nondiscrimination Laws .......................................... 7 22. Pay Equity............................................................................................... 8 23. Political Activities..................................................................................... 8 24. Publicity...................................................................................................8 25. Recapture................................................................................................8 26. Records Maintenance..............................................................................8 27. Registration With Department of Revenue ............................................... 9 28. Right of Inspection....................................................................... 9 29. Savings....................................................................................................9 30. Severability..............................................................................................9 31. Site Security............................................................................................ 9 32. Subcontracting.........................................................................................9 33. Survival....................................................................................................9 34. Taxes...................................................................................................... 9 35. Termination for Cause........................................................................... 10 36. Termination for Convenience................................................................. 10 37. -----Termination Procedures .................................................... .................... 10 38. Treatment of Assets............................................................................... 11 39. Waiver................................................................................................... 11 AttachmentA, Scope of Work....................................................................................... 12 AttachmentB, Budget................................................................................................... 13 S20-32102-01 132 FACE SHEET Contract Number: S20-32102-01 Washington State Department of Commerce Community Services & Housing Division Community Economic Opportunities Unit 2. Contractor Doing Business As (optional) 1. Contractor City of Federal Way Community Services 33325 81 Avenue South Federal Way, WA 98003 3. Contractor Representative 4. COMMERCE Representative Sarah Bridgeford Karen Dunn PO Box 42525 9011 Plum Street SE City of Federal Way – Community Services Program Manager Olympia, WA 98504-2525 253-835-2420 360-725-2822 Sarah. Bridgeford@cityoffederalway.com Karen. Dunn@Commerce. W A.Gov 6. Funding Source 7. Start Date 8. End Date 5. Contract Amount Federal: ❑ State: ® Other: ❑ N/A: ❑ 7/1/19 6/30/21 $142,500 9. Federal Funds (as applicable) Federal Agency: CFDA Number N/A N/A N/A lO.TaxID# __—T11.SWV# 12.UBI# 13. DUNS# 91-1462550 SWV001597-00 601-223-538 61-250-9901 14. Contract Purpose Funds will be used to support and supplement additional after-school recreational and educational programs to provide a safe environment for community youth. Contractor is approved to spend per each State Fiscal Year as follows: SFY20 $71,250(7/l/19-6/30/20) / SFY21• $71,250(7/1120-6/30/21) COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" – Scope of Work, Attachment `B" – Budget. FOR CONTRACTOR FOR COMMERCE <insert title> Diane Klontz, Assistant Director Date I Date APPROVED AS TO FORM ONLY APPROVAL ON FILE 1 S20-32102-01 133 SPECIAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 1. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 2. COMPENSATION COMMERCE shall pay an amount not to exceed $142,500 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor is approved to spend only the indicated amount per fiscal year as identified under Section 14 of the Contract Face Sheet. Funds cannot be carried over from one state fiscal year into the next. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms: EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $142,500, which amount is included in the Contract total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 3. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number S20- 32102-01. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs - - - - The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 4. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. S20-32102-01 134 SPECIAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 5. INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall provide COMMERCE thirty (30) calendar days' advance notice of any insurance cancellation, non -renewal or modification. The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Contract start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Contract, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Contract involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subcontractors that receive $10,000 or more per year in funding through this Contract shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days' advance written notice of cancellation. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work Attachment B — Budget 3 S20-32102-01 135 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances; education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Contractor shall provide access to data generated under this Contract to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Contract shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336 also referred to as the "ADA" 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 8. ATTORNEYS'FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys' fees and costs. S20-32102-01 136 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE, and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business.. use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers; and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 10. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked with the COMMERCE program executing this Contract, including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 -month period preceding the start date of this Contract. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Contract. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for S20-32102-01 137 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to; data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 12. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must.- be ust: be in writing; • state the disputed issues,- state ssues;state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Contract Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT COMMERCE shall not pay the Contradtor, if the Contractor has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. 14. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. S20-32102-01 138 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 15. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 17. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 18. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to S20-32102-01 139 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 22. PAY EQUITY The Contractor agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: a. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by the Department, if the Department or the Department of Enterprise services determines that the Contractor is not in compliance with this provision. 23. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 25. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 26. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. S20-32102-01 140 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Contractor shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 29. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 30. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 31. SITE SECURITY While on COMMERCE premises, Contractor, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 33. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. S20-32102-01 141 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 35. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 37. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of the Authorized Representative. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: 1. Stop work under the contract on the date, and to the extent specified, in the notice; 2. Place no further orders or subcontracts for materials, services, or facilities except as may be - necessary for completion of such portion of the work under the contract that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; S20-32102-01 142 10 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 38. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 11 S20-32102-01 143 Attachment A Scope of Work Funding will provide a safe environment for community youth and incorporate evidenced -based violence prevention strategies. The pilot will deliver community-based afterschool and year-round programs and offer learning opportunities to enhance academic performance and skill building for youth. PROGRAM FOCUS Partner with local agencies and/or organizations, the pilot will be based upon areas of the highest need in the community and focus on the following: • Coordinating and implementing activities to allow youth to learn, develop, connect to and enhance a specific set of skills. • Employing educational strategies that use active forms of learning and engage students in the learning process through program activities. • Focusing appropriate time and resources on student instruction and skill development. • Developing clear and explicit learning goals that are understood by program participants in well- defined and specific terms. PERFORMANCE DELIVERABLES By June 30, 2021, provide an evaluation/report of evidence based practices to enable parents, educators, business leaders and policy makers to see the range of positive outcomes associated with participation in afterschool programs. Program evaluation should enable the afterschool field understand the elements of quality afterschool programs, spurring continuous improvements in programs and a growing sophistication of the field. Program evaluation should demonstrate evidence of the positive impact of after-school programs on student's academics, attendance, and engagement in learning and behavior. S20-32101-01 Attachment A (Scope of Work) 144 12 G2 Q v v L .o U 'O 40� L 4J — aJ a ro O O O L t6 — 4-1 o 3 O c O E V O O N U N _ m O � � Q O n a O � v h O O E N M O E E U E O v U 0 0 � Z dA 0 i Q y U � c '> U � � v > L C) •� O Q L N L V1 f6 E 4.1 A � 0 W v -0 c N =) — V) -0 o uo -0 ra -0 a > N C s 0 6 +� Q a..' O O + ro c O Un 4- 4J 41 T O C 4- C -+ T � � L C V) ro c V) U c O —_ 3 a 3 -0 Ln 0 Ln O a-1 r6 ,� E v t L Y h 4-1 � L QJ � t0 to U T U +� v +� N am ) :D -a Ln vi RS O c c lU c c O 0) U C: m E O Lv CL 145 ra O LL N Q1 c0 m C O U Q O o_ N co O N O 00 O O O Lr) Lri N N cT p p r.q -Ln 0 o O un Ln N N N O O O N � tn� to LUD w � CJ � D c0 co a M M t O Qj co N W z a, m a, > O LU U Z L o U U d' vO c > O N W N U-1 E v L .- z o � -0 o a a � O o _ O m F- a'A a a c N O O U j J O o > Q (Li h No >CO 0 J L_ h 0 O +o N ~ (6 c O N o C O c- U U - C tw c O 'w_ 7 ,@ > Q E E a _� 0 r U E U a V7 O C O -a t y Q U y O X on v O Z, CL 4- r- U 41 Q 4J cu N V cu © W to E V �.�. H O v) • O U U J Lijh -O N cr Gn a. CO vi o V i Z co v Z co o6 C) N c � N c ,, _ L o U w p v 0�n 0 U O_ Y v v �_ • ;n CL O v L) C @c Np z z LU M 'L M o O> O 145 ra O LL N Q1 c0 m C O U Q O o_ N co O N This Page Left Blank Intentionally 146 SUBJECT: AGREEMENT WITH BON SAND GIRLS CLUBS OF KING COUNTY FOR AFTER SCHOOL PROGRAMMING POLICY QUESTION: Should the City enter into an agreement with Boys and Girls Clubs of King County for after school programming? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 2020 CATEGORY: ® Consent❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT:Community Development STAFFREPORT BY:....:_Sarah Brldgeford,.._Community.._Services Manager............................................................................................................._...................._................................................................................. ........................................................................................ Attachments: 1. Staff report 2. Agreement Options considered: Option 1: Approve the proposed agreement. Option 2: Do not approve proposed agreement and provide direction to staff. MAYOR'S RECOMMEND ION: Option 1. MAYOR APPROVAL -� 3�OD`IRECTO�RAPP�FOVAL: l 31I2o2d C ni e Co ncil InitiaUDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " Committee Member Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: COUNCIL BILL # El APPROVED ❑ DENIED First reading ❑ Enactment reading TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 12/2017 147 CITY OF FEDERAL WAY MEMORANDUM DATE: January 25, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Agreement with Boys and Girls Clubs of King County for After School Programming Financial Impacts: The cost to the City for After School Programs was included within the approved budget as amended under the Community Development Department. This specific grant was not included, but will be within the approved amount. In accordance with the approved budget, the grant from the Washington State Legislature via the Department of Commerce in the amount of $142,500.00 will fully reimburse the costs. Upon completion of the grant period, there are no anticipated future costs. Background Information: The Washington Legislature provided $150,000 for after school programs in Federal Way. $142,500.00 is available to the City and will be provided to non -profits providing after school programs in the City. The funds are responding to a recommendation of the Violence Prevention Coalition Steering Committee ("VPCSC"). The City completed a competitive grant Request for Proposal ("RFP"). Two members of the VPCSC and two Human Services Commissioners reviewed and evaluated applications and made recommendations for funding. The recommendations for funding included $70,716.00 for Boys and Girls Clubs of King County for the period of January 1, 2020 through June 30, 2021. learning and career development services. The outcomes will be improved school attendance, on-time grade advancement, and post -secondary education and/or training programs. With support of this grant, a minimum of 60 youth will receive service. It is expected that youth will complete a total of 70 programs; youth may participate in more than one program. 148 Rev. 7/18 CITY OF CITY HALL Fe d e ra 11►hVa 33325 8th Avenue South Federal Way, WA 98003-6325 00 (253) 835-7000 www cityoffederalwaY.com HUMAN SERVICES AGREEMENT FOR EXPANDED LEARNING & CAREER DEVELOPMENT This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Boys and Girls Clubs of King County, a Washington public benefit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: BOYS AND GIRLS CLUBS OF KING COUNTY: Brandee Paisano 603 Stewart St., Suite 300 Seattle, WA 98101 (206) 436-1804 (telephone) bpaisanoAaApositiveplace. ori The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2650 (telephone) .com 1. TERM. The term of this Agreement shall be for a period commencing on January 1, 2020 and terminating on June 30, 2021 ("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 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. Additionally, the Agency shall perform in accordance with the provisions of the Services Contract between the City and the Washington State Department of Commerce ("Services Contract"), which is Exhibit C, attached here to and incorporated by this reference, to the same standards of professional practice previously stated. 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 the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Agency ai s o mam am require insurance, reac es coni en iar y, or m -may-Tesult-iir--- 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. 149 HUMAN SERVICES AGREEMENT - 1 - 3/2017 CITY 4F W�, Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaAvay 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. 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 its elected rcials _— 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. 150 HUMAN SERVICES AGREEMENT - 2 - 3/2017 CITY OF CITY HALL 33325 8th Avenue South At Federal Way, WA 98003-6325 Federal ay (253) 835-7000 www cityoffedera(way 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 subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $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 the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY All information regarding the City obtained by Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Agency while performing the Services shall belong to the City upon delivery. The Agency shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. 151 HUMAN SERVICES AGREEMENT - 3 - 3/2017 CITY or CITY HALL ,...W...Federal 33325 8th Avenue South Federal Way, WA 980Q3 Way -6325 (253) 835-7000 www atyoffederatwW 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, the Department of Commerce, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Agency shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. 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 - 152 HUMAN SERVICES AGREEMENT - 4 - 3/2017 cirY or CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffederahvay coin 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, 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 be the "date of mutual execution" [Signature page follows] 153 HUMAN SERVICES AGREEMENT - 5 - 3/2017 AA 40 �4111 Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wrowv ci"ifederah*W. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: BOYS AND GIRLS CLUBS OF KING COUNTY: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF 1 ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/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 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 154 HUMAN SERVICES AGREEMENT - 6 - 3/2017 AIsCITY OF . Federal Proiect Summary CITY HALL 33325 8th Avenue South Way Federal Way, WA 98003-6325 (253) 835-7000 www u4uffederahvay com EXHIBIT A SERVICES The Agency shall provide after school and summer learning that are designed to be culturally relevant to people of color and provided to youth from the City of Federal Way. The Agency will provide Expanded Learning and Career Development, including YouthForce. 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: B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: Jul -Sep Oct -Dec Jan -Mar Apr -Jun Total No. of unduplicated Federal Total Way persons assisted 10 10 20 1 / 1 /2020-6/30/2020 No. of unduplicated Federal 1 1 11 22 Way persons assisted in 10 10 10 10 40 7/l/2020-6/30/2021 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: C. Definition of Services 1. Completion of an Education/Career Development Program is defined as a participant attending at least 70% of the total hours/curriculum units for the program. Participants may participate in more than one program. 155 HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 Jul -Sep Oct -Dec .Jan -Mar Apr -Jun Total 1 / 1 /2020-6/30/2020 1. Completion of an Education/Career Development 1 1 11 22 Program 7/l/2020-6/30/2021 1. Completion of an Education/Career Development 12 12 12 12 48 Program C. Definition of Services 1. Completion of an Education/Career Development Program is defined as a participant attending at least 70% of the total hours/curriculum units for the program. Participants may participate in more than one program. 155 HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 cirY of Federal D. Performance Measure(s) CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaiway com Outcome(s) to be reported: 1. Improved School Attendance: At least 90% of frequently attending participants will improve their attendance rate or maintain attendance at 80% of above, compared with the previous year for returning students or compared with the beginning of the school year for new students. 2. On -Time Grade Advancement: at least 95% of frequently attending participants will make on-time grade advancement. 6th -8th graders will be promoted to the next grade; 9th -11th graders will be on track with credit accrual; and 12th graders will graduate. 3. Post -Secondary Education and/or Training Programs: at least 70% of graduating 12th graders expect to attend post -secondary programs. Frequently attending participants have attended at least 70% of the total hours/curriculum units of the program(s) in which they are enrolled at the Teen Center. E. Service and Performance Documentation and Recordkeeping The Agency shall document service performance, as well as related expenses, to reflect that funding for Expanded Learning and Career Development is being provided from the Department of Commerce via a contract with the City of Federal Way. Each requires distinct and separate documentation to identify how funds are used and that the use if consistent with the Grant Agreement and this Agreement. Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and ■ for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of client address; residency verified via King County Parcel Viewer. 156 HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 CITY OF Federal CITY HALL 33325 8th Avenue South Way Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederatway com 10. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2019 Income Limits Summary (effective 4/24/2019) FY 2019 1 2 3 4 5 6 7 8 Median Income King County Income Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,200 $35,900 $38,550 $41,200 $43,850 Income Limits Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 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 June 30 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 June 30 in the format requested by the City. 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 and the Washington State Department of Commerce. 157 HUMAN SERVICES AGREEMENT -3 - HSA Exh 5/2017 CITY OF . Federal Project Budtet CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederatwway com EXHIBIT B COMPENSATION The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Seventy Thousand Seven Hundred Sixteen Dollars and 00/100. ($70,716.00). A. City of Federal Way Funds 1/1/2020- 7/1/2020- Personnel Services (detail below) 6/30/2020 6/30/2021 City of Federal Way (Dept. of Commerce $35,358.00 $35,358.00 Funds): $35,358.00 $35,358.00 Total City of Federal Way Funds: $35,358.00 $35,358.00 B. Line Item Budget 1/1/2020- 6/30/2020 7/l/2020- 6/30/2021 Personnel Services (detail below) $34,608.00 $34,608.00 Youth Annual Membership Scholarships $750.00 $750.00 Total City of Federal Way Funds: $35,358.00 $35,358.00 C. Personnel Detail Position Title Position Full Time Annual Salary HS Funds HS Funds Equivalent and Benefits Contract Year 1 Contract Year 2 1/1/20 — 6/30/20 7/1/20 — 6/30/21 Federal Way Teen Contract Year 1: $54,900 $15,217 $3,583 Director 0.55 FTE for 6 mos. (Full-time salaried Contract Year 2: position) 0.07 FTE for 1 year Federal Way Teen Contract Year 1: $15 to $16.25/hr $19,391 $31,025 Youth Development 45 hrs/week for 6 mos-. + 7.5% (benefits) Professional Contract Year 2: (Part-time hourly 36 hrs/week for 1 yr. positions) Total:, - Report forms shall be submitted no less frequently than quarterly and are due on the following dates: January 1, 2020 -June 30, 2020: January -March: April 15 or within 10 days of notice to proceed, whichever is later; April -June: June 15 including the Final Reimbursement Request and Service Unit Report forms. June 30 Demographic Data Report and Annual Outcome Data Report with supporting documentation. 158 HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 CITY OF Way AN:�F July 1, 2020 -June 30, 2021: July -September: October 15; and October -December: January 6; CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederahvay corn January -March: April 15; and April -June: Final Reimbursement Request and Service Unit Report forms due June 15; Demographic Data Report and Annual Outcome Data Report with supporting documentation due June 30. 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: January 1, 2020 -June 30, 2020 1 st Qtr $17,679.00 2nd Qtr $17,679.00 July 1, 2020 -June 30, 2021 1St Qtr $8,839.50 2nd Qtr $8,839.50 3rd Qtr $8,839.50 4th Qtr $8,839.50 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. 159 HUMAN SERVICES AGREEMENT -5 - HSA Exh 5/2017 Department of Commerce Services Contract with City of Federal Way Through Community Economic Opportunities Unit For Pilot Program to support and supplement after-schoo educational and recreational activities to provide a safe environment for local community youth Start date: July, 1, 2019 160 S20-32102-01 THIS PAGE INTENTIONALLY LEFT BLANK 161 S20-32102-01 162 Table of Contents SpecialTerms and Conditions........................................................................................ 1 FaceSheet ............................................................................................................ 1 1. Contract Management............................................................................. 2 2. Compensation..........................................................................................2 3. Billing Procedures and Payment.............................................................. 2 4. Subcontractor Data Collection.................................................................. 3 5. Insurance................................................................................................. 3 6. Order of Precedence................................................................................ 3 General Terms and Conditions....................................................................................... 4 1. Definitions................................................................................................4 2. Access to Data........................................................................................ 4 3. Advance Payments Prohibited.................................................................4 4. All Writings Contained Herein.................................................................. 4 5. Amendments........................................................................................... 4 6. Americans With Disabilities Act (ADA).....................................................4 7. Assignment..............................................................................................4 8. Attorneys' Fees........................................................................................4 9. Confidentiality/Safeguarding of Information ............................................. 5 10. Conflict of Interest.................................................................................... 5 11. Copyright.................................................................................................5 12. Disputes.................................................................................................. 6 13. Duplicate Payment................................................................................... 6 14. Governing Law and Venue...................................................................... 6 15. Indemnification........................................................................................ 7 16. Independent Capacity of the Contractor ................................................... 7 17. Industrial Insurance Coverage................................................................. 7 18. Laws........................................................................................................7 19. Licensing, Accreditation and Registration ................................................ 7 20. Limitation of Authority.............................................................................. 7 21. Noncompliance With Nondiscrimination Laws .......................................... 7 22. Pay Equity............................................................................................... 8 23. Political Activities..................................................................................... 8 24. Publicity...................................................................................................8 25. Recapture................................................................................................8 26. Records Maintenance..............................................................................8 27. Registration With Department of Revenue ............................................... 9 28. Right of Inspection....................................................................... 9 29. Savings....................................................................................................9 30. Severability..............................................................................................9 31. Site Security............................................................................................ 9 32. Subcontracting.........................................................................................9 33. Survival....................................................................................................9 34. Taxes...................................................................................................... 9 35. Termination for Cause........................................................................... 10 36. Termination for Convenience................................................................. 10 37. Termination Procedures...::...................................................................10 38. Treatment of Assets............................................................................... 11 39. Waiver...................................................................................................11 AttachmentA, Scope of Work....................................................................................... 12 AttachmentB, Budget................................................................................................... 13 S20-32102-01 162 FACE SHEET Contract Number: S20-32102-01 Washington State Department of Commerce Community Services & Housing Division Community Economic Opportunities Unit S20-32102-01 163 2. Contractor Doing Business As (optional) 1. Contractor City of Federal Way Community Services 33325 81h Avenue South Federal Way, WA 98003 3. Contractor Representative 4. COMMERCE Representative Sarah Bridgeford Karen Dunn PO Box 42525 City of Federal Way — Community Services Program Manager 9011 Plum Street SE 253-835-2420 360-725-2822 Olympia, WA 98504-2525 Sarah.Bridgeford@cityoffederalway.com Karen. Dunn@Commerce. WA. Gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $142,500 Federal: ❑ State: ® Other: ❑ N/A: ❑ 7/1/19 6/30/21 9. Federal Funds (as applicable) Federal Agency: CFDA Number N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # 91-1462550 SWV001597-00 601-223-538 61-250-9901 14. Contract Purpose Funds will be used to support and supplement additional after-school recreational and educational programs to provide a safe environment for community youth. Contractor is approved to spend per each State Fiscal Year as follows: SFY20: $71,250 7/1/19 — 6/30/20 / SFY21: $71,250 7/1/20 — 6/30/21 COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, Attachment `B" — Budget. FOR CONTRACTOR FOR COMMERCE Diane Klontz, Assistant Director Date <insert title> Date APPROVED AS TO FORM ONLY APPROVAL ON FILE S20-32102-01 163 SPECIAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 1. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 2. COMPENSATION COMMERCE shall pay an amount not to exceed $142,500 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor is approved to spend only the indicated amount per fiscal year as identified under Section 14 of the Contract Face Sheet. Funds cannot be carried over from one state fiscal year into the next. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms: EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $142,500, which amount is included in the Contract total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 3. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number S20- 32102-01. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 4. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. S20-32102-01 164 SPECIAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 5. INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall provide COMMERCE thirty (30) calendar days' advance notice of any insurance cancellation, non -renewal or modification. The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Contract start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Contract, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Contract involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subcontractors that receive $10,000 or more per year in funding through this Contract shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days' advance written notice of cancellation. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget S20-32102-01 165 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Contractor shall provide access to data generated under this Contract to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Contract shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336 also referred to as the "ADA" 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 8. ATTORNEYS'FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys' fees and costs. S20-32102-01 4 166 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE, and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 10. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked with the COMMERCE program executing this Contract, including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 -month period preceding the start date of this Contract. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Contract. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. ,The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for S20-32102-01 167 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 12. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Contract Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT COMMERCE shall not pay the Contractor, if the Contractor has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. 14. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. S20-32102-01 168 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 15. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 17. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 18. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to S20-32102-01 169 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 22. PAY EQUITY The Contractor agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: a. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by the Department, if the Department or the Department of Enterprise services determines that the Contractor is not in compliance with this provision. 23. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 25. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 26. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. S20-32102-01 8 170 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Contractor shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 29. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 30. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 31. SITE SECURITY While on COMMERCE premises, Contractor, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 33. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. S20-32102-01 9 171 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 35. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 37. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by,COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of the Authorized Representative. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: 1. Stop work under the contract on the date, and to the extent specified, in the notice; 2. Place no further orders or subcontracts for materials, services, or facilities exceptasmay be necessary for completion of such portion of the work under the contract that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; S20-32102-01 10 172 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 38. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 11 S20-32102-01 173 Attachment A Scope of Work Funding will provide a safe environment for community youth and incorporate evidenced -based violence prevention strategies. The pilot will deliver community-based afterschool and year-round programs and offer learning opportunities to enhance academic performance and skill building for youth. PROGRAM FOCUS Partner with local agencies and/or organizations, the pilot will be based upon areas of the highest need in the community and focus on the following.- Coordinating ollowing: Coordinating and implementing activities to allow youth to learn, develop, connect to and enhance a specific set of skills. • Employing educational strategies that use active forms of learning and engage students in the learning process through program activities. • Focusing appropriate time and resources on student instruction and skill development. • Developing clear and explicit learning goals that are understood by program participants in well- defined and specific terms. PERFORMANCE DELIVERABLES By June 30, 2021, provide an evaluation/report of evidence based practices to enable parents, educators, business leaders and policy makers to see the range of positive outcomes associated with participation in afterschool programs. Program evaluation should enable the afterschool field understand the elements of quality afterschool programs, spurring continuous improvements in programs and a growing sophistication of the field. Program evaluation should demonstrate evidence of the positive impact of after-school programs on student's academics, attendance, and engagement in learning and behavior. S20-32101-01 Attachment A (Scope of Work) 12 174 L v Q _0 C a) ru E E O E Ln Ov U >-1 O O 4-L z 0 U c Q 4..1 U C 0 U N � v � . 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ITEM #: .............._.............................................................._............-----................................................................................................................................................................................................................................................._............ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: POOLING FUNDING BETWEEN SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) CITIES RELATED TO AFFORDABLE AND SUPPORTIVE HOUSING — SALES AND USE TAX (RCW 82.14.540) AS AUTHORIZED BY SUBSTITUTE HOUSE BILL (SHB) 1406 POLICY QUESTION: Should City Council adopt a Resolution to pool funds with other SKHHP cities collected in accordance with RCW 82.14.540? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 2020 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF. ..................._.._....... .................. .................. .... Attachments: 1. Staff Report 2. Resolution 3. Resolution 2019-06 Passed by the SKHHP Executive Board to Endorse Pooling HB 1406 Funds Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. .._ ............ ............. __........................ _.............. ................................ ............. ..---............................. ............._...................... _........................................................................................................................ _............... ............... ..................... ................ ......................... MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: V rj DIRECTOR APPROVAL: 0�1.,fl-tg-1 1D20 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the February 18, 2020 consent agenda for approval. omxnittee Chair Co r ttee-Member _ —-Committee�ylember -- PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # 177 CITY OF FEDERAL WAY MEMORANDUM DATE: January 25, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director Sarah Bridgeford, Community Services Manager SUBJECT: Resolution: Pooling funding between South King Housing and homelessness Partners (SKHHP) cities related to Affordable and supportive housing — Sales and use tax (RCW 82.14.540) as authorized by Substitute House Bill (SHB) 1406 Financial Impacts: Pooling funds with SKHHP would reduce administrative costs associated with administering the funds within the City. Backl4round Information: RCW 82.14.540 (authorized by Substitute House Bill 1406) allows cities and counties to recapture a portion of Washington State sales tax to be used to support affordable housing. On November 5, 2019, the Federal Way City Council passed Ordinance 19-879, which authorizes a recapture of Washington State sales tax to support affordable housing for those at or below 60% of the area median income (AMI). Specifically, the funds may be used in the following ways: • Acquiring, rehabilitating, or constructing affordable housing; • Funding operations and maintenance costs of new units; or • For cities with populations less than 100,000, provide rental assistance. The revenue will be capped based on fiscal year 2019, which ended on June 30, 2019. The Department of Revenue has calculated the maximum capacity (cap) of $125,065.50 annually for the City of Federal Way. While the City of Federal Way has a population that is currently under 100,000 and would allow the funds to be used for rental assistance, the population of the City of Federal Way is projected to exceed a population of 100,000 within the 20 -year period set forth within RCW 82.14.540, which will prohibit Federal Way from using funds for the purpose of providing rental assistance. Additionally, while rental assistance provides critical support to residents facing eviction, rental assistance has amuch shorter -term impact on fewer residents than supporting the preservation of affordable housing will 178 Rev. 7/18 have. It is generally recommended to maximize the impact of the sales tax for affordable housing by investing in the acquisition, creation, or preservation of affordable housing that will serve low-income residents beyond the 20 -year period of the sales tax. As the City currently provides $86,800 in rental assistance via general fund and Community Development Block Grant funds, staff recommends using these funds for capital or acquisition projects to preserve affordable housing and maximize the potential impact of the funds. In the context of capital projects to acquire, develop, or rehabilitate affordable housing, the annual amount is a small portion of the needed funds for such projects, which may be multiple hundreds of thousands of dollars for rehab to multi-million dollars for acquisition and new construction. If looked at cumulatively among the SKHHP cities, RCW 82.14.540 creates a significant new revenue source for affordable housing. Over the next 20 years, the sales tax will generate $230-$240 million countywide and approximately $20 million for the SKHHP cities. Given the relatively small amount of money the tax will generate for individual jurisdictions annually, the Affordable Housing Committee (AHC) recommends pooling funds for rapid investment to maximize the impact of this revenue source and prioritizing serving those residents with the greatest need. Specifically, AHC recommends local jurisdictions consider the following policies: • Pool funds with existing sub -regional collaborations or new partners and deploy funds as quickly as possible to maximize the impact of this revenue tool. This approach lets jurisdictions collaboratively address regional or sub -regional pipelines or capital or preservation projects. • Cities that are members of A Regional coalition for Housing (ARCH) or South King Housing and Homelessness Partners (SKHHP) should take advantage of existing Interlocal Agreements (ILAs) to pool their resources to create funding sources large enough to have an impact in the realm of capital funding. • Seattle and King County should closely coordinate with ARCH and SKHHP on investment of funds. On November 22, 2019, the SKHHP Executive Board took action to adopt SKHHP Resolution 2019-06, which urges each of the nine member cities to pool 100% of the funds collected under the provisions of HB 1406 (RCW 82.14.540). Member jurisdictions will have a larger voice for projects that are proposed within their communities. Staff recommends the pooling of the City of Federal Way's funds with SKHHP provided that the other cities also pool funds. 179 Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, authorizing the Mayor to transfer funds collected under the provisions of RCW 82.14.540 and City of Federal Way Ordinance 19-879 to the South King Housing and Homelessness Partners. WHEREAS, the 2019 State Legislature approved, and the Governor signed, the Laws of 2019, Chapter 338 (Substitute House Bill 1406), which allows cities and counties to recapture a portion of Washington State sales tax when it is used to support affordable housing initiatives; and WHEREAS, on November 5, 2019, the Federal Way City Council passed Ordinance 19-879, which authorized a recapture of Washington State sales tax that is estimated to generate approximately $125,000 per year for the next 20 years; and WHEREAS, on February 19, 2019, the Federal Way City Council authorized the Mayor to enter into an Interlocal Agreement with eight other south King County cities and King County to form the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, the executed Interlocal Agreement states that "the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King county is through cooperative action and pooling public and private resources;" and WHEREAS, all ten jurisdictions of SKHHP have taken action to enact the sales tax recapture provisions established in RCW 82.14.540; and WHEREAS, on November 22, 2019 the SKHHP Executive Board took unanimous action to and King County to pool 100% of the funds collected under the provisions of HB 1406 (RCW 82.14.540); and Resolution No. 20 - RL&I Page 1 of 4 Rev 1/19 WHEREAS, if all nine cities pool the maximum extent of collected funds under RCW 82.14.540 to SKHHP, the estimated revenue would total approximately $1,000,000 per year for a 20 - year period; and WHEREAS, funds may be used for the purpose of acquiring, rehabilitating, or constructing affordable housing; funding the operations and maintenance costs of new units of affordable or supportive housing; and WHEREAS, cities that have a population of less than 100,000 may also use the funds for providing rental assistance to tenants, however, using the funds in this manner will require substantial administrative oversight with respect to preparing a program that requires city staff to review personal income information of individuals who request access to funds and accounting and auditing the use of the funds; and WHEREAS, the City of Federal Way is projected to exceed a population of 100,000 within the 20 -year window set forth in RCW 82.14.540, which will prohibit Federal Way from using funds for the purpose of providing rental assistance; and WHEREAS, counties and cities that enact the provisions RCW 82.14.540 may issue general obligation or revenue bonds, and may use moneys collected for the repayment of bonds; and WHEREAS, RCW 82.14.540 requires counties and cities that enact its provisions to provide annual reports to the Department of Commerce. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, - VS -- - ---------- —-- Section 1. Findings. The administrative costs associated with managing a program that provides rental assistance to tenants combined with the annual reporting requirements established in Resolution No. 20- Page 2 of 4 Rev 1/19 181 Laws of 2019, Chapter 338 are likely to exceed Federal Way's estimated revenue collection. While $125,000 is a valuable revenue stream that can be used in Federal Way to support various affordable housing initiatives, a contribution to SKHHP will allow the use of funds to stretch much further and to make a far more profound and meaningful impact to addressing the affordable housing challenges faced in South King County. Section 2. The Mayor is authorized to take administrative actions necessary to direct funds collected under RCW 82.14.540 and City of Federal Way Ordinance 19-879 to SKHHP. Section 3. This authorization is contingent upon each of the other SKHHP cities taking similar actions directing funds collected under RCW 82.14.540 to SKHHP. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk is authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the ----_—Fe era Wa—Cit y •—- Resolution No. 20 - 182 Page 3 of 4 Rev 1/19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 520 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 20- Page 4 of 4 Rev 1/19 183 EXHIBIT A RESOLUTION NO. 2019-06 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS URGING SKHHP MEMBER CITIES TO SUPPORT POOLING OF HB 1406 FUNDS. WHEREAS, in 2019 the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, and Tukwila and King County entered into an Interlocal Agreement (ILA) that formed the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, pursuant to the ILA, the member cities have a common goal to ensure availability of housing that meets the needs of all income levels in South King County; and WHEREAS, also pursuant to the ILA, the member cities wish to act cooperatively to formulate housing policies and strategies that address housing stability, to foster efforts to preserve and provide affordable housing by combining public funding with private - sector resources, to support implementation of the Washington State GMA, related countywide planning policies, and other local policies and program relating to affordable housing, and to do so efficiently and expeditiously; and WHEREAS, also pursuant to the ILA, the member cities have determined that the most efficient and expeditious way for the parties to address affordable housing needs in South King County is through cooperative action and pooling of public and private resources; and Resolution No. 2019-06 November 22, 2019 Page 1 of 4 Rev. 2019 WHEREAS, the ILA states that the parties intend that the ILA serves as a framework for all participating municipalities within the broader SKHHP Sphere of Influence to do the aforementioned work; and WHEREAS, on July 26, 2019 the SKHHP Executive Board adopted Resolution 2019-05 which urges member cities to declare their intent to enact the provisions of HB 1406; and WHEREAS, Resolution 2019-05 states that the Executive Board commits to developing options and a recommendation, including for the proposed pooling of funding, that details funding commitments for each member city's legislative authority to consider for future subsequent action; and WHEREAS, HB 1406 is a powerful and meaningful funding source to further advance the efforts of the housing objectives established through the ILA that, if pooled, will generate approximately $1,000,000 per year for the eligible 20 year period (See Attachment A); and WHEREAS, the Executive Board adopts the recommendations contained within this resolution as a unified statement of support by SKHHP member cities. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board of SKHHP urges all member cities to pool the base sales tax credit revenues collected under HB 1406 and to allocate the full amount of those revenues to SKHHP. Section 2. In order to maximize HB 1406 funding within King County, the Executive Board of SKHHP urges all member cities to take Ordinance action on HB 1406 after King County takes action. Resolution No, 2019-06 November 22, 2019 Page 2 of 4 185 Rev. 2019 Section 3. The Executive Board of SKHHP urges King County to award HB 1406 funds to housing development based in the Urban Growth Areas (UGA) of SKHHP member cities in a manner that proportionately represents the cumulative population of the UGA's of SKHHP member cities. Section 4. The Executive Board of SKHHP commits to aligning the use of HB 1406 funds with the work plan required within the adopted ILA and the recommendation and priorities of the Regional Affordable Housing Task Force Five Year Action Plan. Section 5 Individual municipalities have unique housing needs and priorities and not every proiect proposal will align with a city's goals policies or laws. The intent and effect of this resolution is not to usurp a city's individual authority. Therefore, if funds are pooled for the purpose of aiding in the creation or preservation of housing the process for project consideration must allow the city in which the project is proposed to first approve or refect the proposal prior to the Executive Board's commitment of funds to the rp oiect. Section 6. This Resolution will take effect and be in full force on passage and signature. Dated and Signed this 21 day of l Lvem6er , 2019. SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS Resolution No. 2019-06 November 22, 2019 Page 3 of 4 Shawn Campbell, Auburn tity Clerk Rev. 2019 SKHHP Resolution 2019-06 Attachment A Estimated HB 1406 Revenue by SKHHP Municipality (based on 2018 revenues) �- zf Auburn $154,992 Burien $65,477 Covington $43,678 Des Moines $29,793 Federal Wa $124,142 Kent $185,467 Normand Park $4,866 Renton $236,380 Tukwila $162,046 Total not including King Count $1,006,841.00 Resolution No. 2019-06 November 22, 2019 Page 4 of 4 Im Rev. 2019 This Page Left Blank Intentionally WIN SUBJECT: ORDINANCE: REVISING FWRC 6.35.030 - PEDESTRIAN INTERFERENCE POLICY QUESTION: Should the City of Federal Way revise its Pedestrian Interference code to reflect changes in federal and state law? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: February 11, 2020 Council Committee CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Eric Rhoades, Assistant Ci Attorne DEPT: Law ................................ ........................................................................................................................................................... ...... .......................... __................. _...................................... Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: U --W / Initial/Date �IRECTORAPPROVAL: �C i 2320 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 18, 2020. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): ADIN"F-ORDINANCE-(FmRt�xY g, 1020): T move to fortivarzl-t March 3, 2020 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (MARCH 3,2020): "1 move approval of the proposed ordinance. " 189 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # 189 CITY OF FEDERAL WAY MEMORANDUM DATE: January 27, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor Ryan Call, City Attorney FROM: Eric Rhoades, Assistant City Attorney SUBJECT: Ordinance revising the Pedestrian Interference code Financial Impacts: There is no expected direct cost to the City for revising the pedestrian interference sections of the Federal Way Revised Code. The affected code sections do not obligate the City to expend funds. This revision is not expected to significantly change the amount of fines collected pursuant to citation under this section. Background Information: The City of Federal Way's current Pedestrian Interference code section has been revised multiple times since its enactment in 1991. It is time to revise it again to remain consistent with the evolving case law at the intersection of begging and freedom of speech. Federal and state courts hold that charitable appeals for money, including appeals in the form of begging, are constitutionally protected as a form of free speech. The appeal for money is in the content of the speech. Courts also hold that laws that regulate speech based on its content are presumptively unconstitutional. Therefore the regulation of begging has repeatedly been found unconstitutional by the courts. Staff recommends removing all references to begging from the section. Much of the unwanted behavior that the original language was meant to address, such as intimidation, threats_ violence, w n ed-ouching,,ind trespassing, is also prohibited by other criminal code sections. After enacting the proposed code revision, police and prosecutors will remain authorized to make arrests and file criminal charges against persons for harassment, assault, and trespassing without unconstitutionally regulating free speech. What will remain in this section is the essential violation of pedestrian interference, obstructing traffic on the roadway or sidewalk, without reference to the constitutionally protected act of begging for money. 190 Rev. 7/18 Federal Way Pedestrian Interference ordinance shown after proposed revisions -February 2020 FWRC 6.35.030 Pedestrian interference. (1) The following definitions apply to this section: (a) "Roadway" has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future. (2) A person is guilty of pedestrian interference if, in the public right-of-way, he or she intentionally obstructs pedestrian or vehicular traffic by walking, standing, sitting, lying, or placing an object in such a manner as to block passage by another person or a vehicle that has the right-of-way causing a pedestrian or vehicle operator to take evasive action to avoid contact; or loitering on the roadway or on a median between lanes of travel. (3) Persons actually engaged in work upon a development or maintenance project, including construction and maintenance workers, surveyors, and flaggers, within any construction or maintenance area indicated by official traffic control devices are exempt from this prohibition on obstructing traffic. (4) A person violating this section is guilty of a misdemeanor. 191 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to pedestrians interfering with traffic; amending FWRC 6.35.030. (Amending Ordinance Nos. 15-802, 15-784, 11-697, 08-576, 05-509, 94- 214, and 91-89) WHEREAS, the City of Federal Way is a non -charter code city pursuant to Title 35A RCW; and WHEREAS, federal and state courts hold that charitable appeals for funds, including appeals in the form of begging, are free speech protected by the First Amendment to the United States Constitution; and WHEREAS, the City Council wishes to revise this ordinance to be consistent with current case law; and WHEREAS, obstructing traffic and loitering in a roadway interfere with and potentially jeopardize the safety of pedestrians and people in vehicles; and WHEREAS, regulating conduct that obstructs traffic is in the interest of the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin s. The foregoing recitals are adopted as findings of the City Council. Section 2. FWRC 6.35.030 is hereby amended to read as follows: 6.35.030 Pedestrian interference. (1) The following definitions apply to this section: Ordinance No. 20 - 192 Page 1 of 4 Rev 1/18 "Beg" Amity, by bodily whethef 7 ] " stfuEt-pedestcfian of vehie•• " s: Walking, standing, ] lying, take evasive etio to n aid n ntae: •] � (ad) "Roadway" has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future. (2) A person is guilty of pedestrian interference if, while in the a -public right-of-way e, he or ►a:�� —:1-�-ssis� (b) Obstructs pedestrian or vehicular traffic by walking standing, sitting, itting, lying, or placing an object in such a manner as to block passage by another person or a vehicle that has the right - Ordinance No. 20 - 193 Page 2 of 4 Rev 1/18 of -way causing a pedestrian or vehicle operator to take evasive action to avoid contact; or loitering on the roadway or on a median between lanes of travel. (3) Persons actually_ engaged in work upon a development or maintenance project, including construction and maintenance workers surveyors, and flaggers, within any construction or maintenance area indicated by official traffic control devices are exempt from this prohibition on obstructingtraffic. (34) A person violating this section is guilty of a misdemeanor. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall take effect and be in force thirty days after its passage and publication, as provided by law. ' • • �- • • • -•- 4K • Ordinance No. 20 - [signatures to follow] 194 Page 3 of 4 Rev 1/18 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 20 - 195 Page 4 of 4 Rev 1/18