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AG 22-025 - PEER WATRETURN TO: Tiziana Glazzi EXT: 3016 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I. ORIGINATING DEPT./DIV: Federal Way Municipal Court 2 ORIGINATING STAFF PERSON: T.ziana Giazzi EXT: 3016 3. DATE R EQ. BY: 4. TYPE_ OF DOCUMENT (CHECK ONE): 1: E- (E.G.,CON I'RACTORSEL SELECTIONRFB, REP; RFQ" 0 PUBLIC WORKS CONTRACT LJ SMAL.LOR L.I.N11TED PUBLIC WORKS CONTRACT 'REEMENT 0 IviAIN-I'E�NANCI:'--'A(.,PI--ENl�EN-l' A, PRO FESS IONALSERVICE AC. D GOODS AND SERVICE AGREENIENT Ll HUMAN SERVICES /CDBG 17] REAL ESTATE DOCUMENT 0 SECURITYDOCUMENT(EG 90NOREI.,\I-EDDO(..y'il:NTSI ORDINANCE 0 RESOLUTION (-O\'fKACTA1IENDi%,IENI-(AG4). 0 INTERLOCAL 01i OTHER 5. PROJ ECT NAM L: SUBSTANCE USE DISORDER PEER RECOVERY SERVICES - TO FW MUNICIPAL AND DES MOINES MUNICIPAL COURTS 6. NAME OF CONTRACTOR: PEER WA 1520RELFVUE AVE STE i00 RELLEVILI WA 061.n' L-PO A I L: JOSH@PFERWA ORG SIGNATURE NAME' JOSHUAWAL LACE TELL PHONE 2OF-322-2437 FAX: — TITLE CEO PRESIDENT T EX I i I BITS AND ATTACHMENTS:A SCOPE, WORK OR SERVICES j COMPENSA-rION 0 INS 0RAN CFREQU I RE%1ENTS/CERTlFiCVI'E 0 ALL G i 11 L, ii R E" F ER i" N CF F) f,X I I I j-'J'J'S .. P RACr/AMEN D Ni ENTS (3 i ROOF OF At !TI­ !OR I T)'T0 SIGN 10 R EQt )I R Ll) LICENSES PRIOR JONR CONI S. TERM: COMMENCEMEWDATE: 1/3/2022 COMPLETION DATE: 12/31/2023 9. TOTAL CO N1 P EN SAT I ON Snot to exceed S800, 000.00 per fu:I lm-ie equivalent person (INCLUDE EXPENSES AND SALESTAX. WANY) I i I F C:\ L CUI. ON HOU RLY 1, ABIDR CHA RG E -A SCI-H L'DU LES Oi­ EM F-L,O)'ECS 1 1TI_ ES AN D 1-101- IDAY RATES 1:-Xf'I­NSl'.?:(.J)'ES 0 NO DC'LLAR AMOUNT: _S YES, S _L', 'AN () W:'D NO I PAID BY: D' CONTRACTOR 0 Cff 'L - RETAINAGE BOND PROVIDIED RETAINIAGE: RLTAINAGEANIGIuNT: --.REI-!\INAC�Er\Cl<1..Lr,,ILNT(SL CONTRACT) OR 0 PURCHASING: PLEASECHARGETO: '" _p 49 ___ — - 10. DOCUMENT/CONTRACT REVIFW A PRESIDING JUDGE A DIRECTOR _ RISK N1,11 ANAGE1\1 ENT (IFAMDLICAB)LE) E LAW 11 COUNCII-Al-'PROVAI-(lFA"I'l-ICAL3L-6) 12. CONTRACT SIGNATURE ROUTING 1RCVIEWFD INITIAL / DATE APPROV ED DA�,_ j 1-13.- Z2 . . . ......... TRG/ 13_ Z Comimi 11'r­-i Ai'movm., DAI-i..': COUNCI L APPROVAi_ Dim.-*.: L­; SENT TO VENDOR/CON TRACTOR DATE SENT: DATE REC'D:- Fi ATTACH: SIGNATURE AUTHORITY. INSURr1NCE CERTIFICATE, LICENSES, EXHIBITS -..-J CREATE [::" LECTRON IC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION D1'vFE' (Include kpt, SLIPPOrl swiTif necessary and [eel tree to w, notification more than mouth inadvance it'council approval is needed.) INITIAL/DATF�,l 'NED PA RT N I E N'I' 0POS I G N ATO R)' M,\YOR OR DIfE(.-r0R) COPY I'Y CLERK A 20 95 k/-,: () l� I N,1 E N T S ; CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com PROFESSIONAL SERVICES AGREEMENT FOR PEER RECOVERY SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Peer Washington a Washington nonprofit corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: PEER WASHINGTON: Joshua Wallace, CEO & President 1520 Bellevue Ave. Ste 100 Bellevue, WA 98122-7602 206-322-2437 (telephone) 4osh@Peerwa.orli The Parties agree as follows: CITY OF FEDERAL WAY: David A. Larson, Presiding Judge Tiziana Giazzi, Court Administrator 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-3016 (telephone) (253) 835-3020 (facsimile) David. larson(a�, cityoffederalway.com Tiziana. giazzi(cr�,cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2023 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor 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 Contractor 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 Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor 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 Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 7/2021 nrr OF CITY HALL 4 33325Ara � . Fe d e ra I Way Feder Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 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 Contractor Indemnification. The Contractor 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 acts, errors or omissions of the Contractor in 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor'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 Contractor 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. Contractor'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 acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 7/2021 Carr OF CITY HALL AN�Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffeder©lw©y com 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 Contractor 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, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with 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. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liabil . Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 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, Contractor 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, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is 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 Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records 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 that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor 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 Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, 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 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. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor 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 Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. 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 Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor 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 Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor'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 Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, 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, 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. Contractor 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 Parts 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 Contractor 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 PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffeder©hvey com the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor'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; 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 Contractor 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] PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 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. FEDERAL WAY CIPAL COURT: Judge David A. Larson, Presiding Judge DATE: J��{^-� i 2 c:;, 2� CITY OEYEDERAL WAY: Ji Stohdnie Courtney, CMC,kCity Clerk DATE: PEER WASHINGTON: By: ��' Printed N ie: - g e Title: Gr-o t , 45 .c DATE: I I ao-�-a- STATE OF WASHINGTON ) ) ss. COUNTY OF ATTEST: APPROVED AS TP j — O ]ORM: C� J yan Call, City Attorne On thi day personally appeare before me ► &IW, � to me known to be the r 4 of �V 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 , 207ZZ Notary's signatureJ �---� Notary's printed name v� PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �`p�t1►� i i ++++r+rr��r www cityoffederalway com Notary Public in and for the State of Washington. -'my commission expires �Z, ry : •,,$� �f Wash ��.� PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 CITY OF Federal I. WORK STATEMENT CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway com Exhibit A The Contractor, hereafter referred to as "the Agency", will provide behavioral health peer recovery services, recovery coach services and support to Federal Way Municipal Court and Des Moines Municipal Court (Court) participants. Support will include ongoing training of the Agency staff and the purchase and/or distribution of essential participant supplies, but only if funding is available for such purchases. Services will be provided on -site at the Court offices, off -site at the Agency, and in the community. Court participants will also have access to the network of services available through the Agency. II. PROGRAM DESCRIPTION A. Goal: 1. Help the Court and City identify participants at all stages of the process in need of peer support assistance. 2. Assist in supporting the Des Moines DUI Court as well as Federal Way's existing Pretrial Assessment and Linkage Services (PALS) program and its community court. 3. Increase internal motivation for recovery. 4. Develop engagement with the recovery community. 5. Assist with the development and personalization of a long-term recovery plan. 6. Reduce the number of people with substance use and mental health disorders using costly interventions such as jail, emergency rooms and hospitals. B. Objectives: 1. To increase participation in peer support services 2. To successfully integrate behavioral health peer recovery services into the Courts. 3. To incorporate the lived experiences of peers into Court programs for the benefit of the active participants. C. Eligibility: Court participants amenable to peer recovery services. D. Definitions: Peer Recovery Services: The process of giving and receiving non -clinical assistance to achieve recovery from behavioral health issues. Services can be delivered in one of four major types of recovery support services: peer mentoring or coaching; recovery resource connecting; facilitating and leading recovery groups; and building community. The support is provided by people who are experientially credentialed to assist others in initiating recovery, maintaining recovery and enhancing the quality of life in recovery. Peer recovery services provide social support to individuals at all stages on the continuum of change that PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com constitutes the recovery process. Peer recovery services expand the capacity of formal treatment systems, e.g. medication assisted therapy, residential, therapeutic community and outpatient by promoting the initiation of recovery, reducing relapse, and intervening early when relapse occurs. 1 E. Program -Specific Requirements 1. The Agency shall provide peer recovery coaches dedicated to Court participants. The peer recovery coaches shall have training and certifications as a Peer Recovery Coach through the nationally recognized Connecticut Community of Addiction Recovery (CCAR) Recovery Coach Academy (RCA), Trauma Informed Peer Support through the National Center on Trauma Informed Care, and Mental Health First Aid through the National Council for Behavioral Health. 2. Services will be provided as appropriate to all participants active in Court programs regardless of stage in the program and number of participants. 3. The Agency shall work closely with Court services on the design and implementation of peer recovery services into the Court program including continual evaluation and analysis of how the services are working. 4. The Agency shall train and supervise peer recovery coaches to provide peer recovery services which include, but are not limited to: a. Identifying participants eligible for peer support services; b. Peer mentoring or coaching; c. Recovery groups or circles; d. Recovery resource connecting; and e. Building community. F. The Agency shall work in partnership with the Court independently as appropriate to refer people to support services in the community including, but not limited to: 1. Medical services; 2. Housing resources; 3. Employment services; 4. Education services; 5. Other informal or formal support systems; and 6. The provision of transportation, hygiene, and other essential participant supplies, but only if funding is made available for such expenses. G. The Agency shall work with Court staff to incorporate therapeutic court alumni into the Court program and provide training and organization as appropriate. H. The Agency Peer Services Specialist shall provide information set forth in Section IV to the Federal Way Court Administrator, or designee. I. The Agency shall purchase essential participant supplies for Court participants, with approval or upon request from the Court, but only if funding is made available for such expenses. 1 Kaplan, L., The Role of Recovery Support Services in Recovery -Oriented Systems of Care. DHHS Publication No. (SMA) 08-4315. Rockville, MD: Center for Substance Abuse Services, Substance Abuse and Mental Health Services Administration, 2008 PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. com III. COMPENSATION AND METHOD OF PAYMENT A. The Agency shall submit a monthly invoice directly to COURTS equal to approximately 1/12 of the agreed upon annual not to exceed amount of $80,000 per full time equivalent person as follows: o FTEs and Payments for 2022 +� $119,776 for contract peer support services in year one • Position 1 - $73,333.33 for 1.0 FTE for February 1, 2022 to December 31, 2022 • Position 2 - $40,000 for .6 FTE for March 1, 2022 to December 31, 2022 • $6,442.67 for contingency to pay for additional time that may be needed from peers for development of processes and procedures and/or to attend meetings, etc. o FTEs and Payments for 2023 • $128,000 for contract peer support services in year two • Position 1 - $80,000 for 1.0 FTE for January 1, 2023 to December 31, 2023 • Position 2 - $48,000 for .6 FTE for January 1, 2023 to December 31, 2023 B. The Agency shall submit a separate monthly invoice for the actual costs of essential participant supplies pre - approved or requested by Court, not to exceed the funds available for that purpose, if any. The Agency is not obligated to purchase such supplies and the Court is not obligated to reimburse the Agency unless money is made available for that purpose. C. Invoices are due within fifteen (15) days after the end of each month, except at the end of the year when an earlier date may be required. IV. REPORTING REQUIREMENTS A. The Court will use Recovery Capitol (REC-CAP) assessments in cases where the participant is required by the Court to engage in affirmative conditions of release, conditions of sentence, and/or other court -ordered conditions. Peer support personnel will assist participants in order to increase successful compliance with those conditions. Peer support personnel have no obligation to report non-compliance with court -ordered conditions; compliance or non-compliance will be reported directly to the court by the respective agencies providing services to the participant. However, it is understood that the Court must report on the success of the program to the Administrative Office of the Courts using REC-CAP. It is also understood that peer navigators need to enjoy impendence, trust, and confidence with the participants. However, in the balance the Agency must provide the following information in an anonymous format agreed to by the parties, but capable of being audited for financial grant compliance purposes by the Administrative Office of the Courts: • A quarterly assessment of each participant's progress in the following areas: o Recovery strengths. o Barriers. o Unmet service needs. o The execution of concrete recovery goals. • In addition, the following information will be provided by the Agency to the Court: o Number of participants served by judicial referral. o Number of participants served by self -referral due to awareness of peer services from court interaction. o Number of participants successfully completing supervision/services. o Number of participants that terminated engagement in peer services before successful completion. PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwa yuffeder©lmy.com B. The Agency shall maintain and report the above information for statistical tracking purposes only for all participants directly referred by the Court and all participants that engaged in peer services as a result of any contact with the Court. The information shall be provided to the Court Administrator by the 15th day of the following months; April 2022, September 2022, February 2023, and July 2023. For audit purposes, the Agency shall keep track of the names of participants associated with the data, but the Agency's report to the Court will only refer to a participant number and not a name. Nothing herein prevents a participant from signing a release of information that permits the Agency to share information about that participant with the Court and/or others that may also be contained in the reports. HOWEVER, THE REPORTS THEMSELVES SHALL NOT BE CONSIDERED OR DISCLOSED IN ANY MANNER IN COURT PROCEEDINGS AND SHALL NOT BE CONSIDERED BY THE COURT FOR SANCTIONS OR REWARDS AFFECTING ANY PARTICIPANT. C. If funds are available for this purpose, the Agency shall submit a record of essential participant supplies purchased for Court participants, if any, to the Court Administrator by the 15th of the following month. The record shall include the receipts / invoices the date purchased, item(s), cost per item, and total amount requested for reimbursement. PROFESSIONAL SERVICES AGREEMENT - 11 - Rev. 7/2021 CITY OF .. Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Two Hundred Forty -Seven Thousand Seven Hundred Seventy -Six and 00/100 Dollars ($247,776.00). 2. Method of Compensation: . The City shall pay those invoices submitted by the Contractor as outlined in Exhibit A. PROFESSIONAL SERVICES AGREEMENT - 12 - Rev. 7/2021 SEATARE-01 �` ��� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/112112022 A E(MM/D24 DDffYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License # OC36861 : NAAtE�-, Anne Krueger Newport Beach-Alliant Insurance Services, Inc. PHONE g) 260-5087 rAX NeJ: 1301 Dove St Ste 200 VV ' -' Ex - -- Newport Beach, CA 92660 noDRlJss AKruegermalllant,cont - - INSURED PEER WASHINGTON 1520 BELLEVUE AVENUE, SUITE 100 SEATTLE, WA 98122-7602 WSURERIS!- F9 FDRDINGGOYERAGE INSURER A.: Great American E & S Insurance IN SURER A 1 INSURER E : INSURER F nnVFRAnFS CERTIFICATE NUMBER, REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ,ADDL •SUB POLICY NUMBER POLICY EFF POLICYLTR EXP LIMITS A X COMMERCIAL GENERAL LIABILITY - F�A,H O�CLRRENGE 31000,001, _ CLAIMS -MADE X occuR X 14517204 9129/2021 9/29/2022rs7" -.- I 51ca_r �= U10).. 1,000,000 S S 0 —. X GL DED: $1,000 MEDEXP[Anycnep—) PERSONAL &ADV INJURY_ S 3,060100 S GEN1 AGGREGATE LIMIT APPLIES PER: X • POLICY El jl, LOC GENERAL AGGREGATE PRODUCTS-COMP/OPAGG _D S 310001006 OTHER' A AUTOMOBILE LIABILITY GOl.7BINEOSINGLELIMrr _(6'aJl131=ls -`- 3,ODD,000 BODILY INJURY LPer X ANY AUTO 214517204 9/29/2021 9/29/2022 SXAAl OWNED SCHEDULED AIUIgqT��O��S ONLY AAUUTOSBOODDILY INJURY.(Per accident T ONLY EX — SYer.aE rig X g aueD: UI/U1M L1M1T 1,0001000 UMBRELLA LM OCCUR EACH OCCURRENCE AGGREGATE S EXCESS LIAR CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN. I TAS__-TLIT FB— EJ_'EACH ACCIFI�N7 ANY PROPRIETOR/PARTNER/EXECUTIVE ] OFF[GER/MEMgER EXCLUDED' [Mandatory In NH) NIA a1.$E -QYs If yes, describe under DESCRIPTION OF OPERATIONS belmy I -P )Y A INONPROFIT D&O 214517204 9/29/2021 9/29/2022 �ILIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIORS I VEHICLES (ACORD 101, Addifianal Remarks Schedule, may be attached If mare apace Is requlred) .Additlonal Insured endorsement attached. Policy form does not contain a General Liability Aggregate. NotlCe of cancellation will be delivered only to the participating named Insured as stated In Item 1 of the Participation Endorsement. Subject to policy terms, conditions and exclusions. $3MM LIMIT FOR OWNED AUTO LIABILITY AND $1MM LIMIT FOR NON OWNED & HIRED AUTO. AS RESPECTS SERVICE AGREEMENT. CITY OF FEDERAL WAY IS NAMED AS ADDITIONAL INSURED FOR GENERAL LIABILITY ONLY. SEE ATTACHED ACORD 101 City of Federal Way 33325 8th Avenue South Federal Way, WA 98003.6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 'Id—at'd. �� ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SSHEKAR AGENCY CUSTOMER ID: SEATARE-01 LOC #: ADDITIONAL REMARKS SCHEDULE ENCY License # OC36861 NAMED INSURED wport Beach-Alliant Insurance Services, Inc. PEER WASHINGTON 1520 HELLEVUE AVENUE, SUITE 100 LICY NUMBER SEAiTLE, WA 98122-7602 E PAGE 1 RRIER NAIC CODE E PAGE 1 E P 1 EFFECTIVE DATE: SEE PAGE ADDITIONAL REMARKS Page 1 of 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACCRo 25 FORM TITLE: Cartiflcatu of Liahinty Imurance Description of Operation s/LocationsNehicles: The Company may cancel the coverage by mailing to the first Participating Named Insured at the address shown in the participation endorsement written notice stating when, not less than sixty (60) days thereafter, such cancellation shall be effective. Provided that the Participating Named Insured fails to discharge, when due, any of its obligations in connection with the payment of premium for the policy or any installment thereof, the coverage may be canceled by the Company by mailing to the Participating Named Insured at the address shown in the participation endorsement, written notice stating when, not less than ten (10) days thereafter, such cancellation shall be effective. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Additional Insured - Designated Person or Organization This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORATIONS Any person or entity that the "Named Insured" has entered into a written agreement, prior to a loss, to provide defense, indemnity or additional insured protection. The following is added to Section V. PERSONS OR ENTITIES INSURED: Any person(s) or organization(s) listed in the Schedule above is an Additional Insured, but only as respects "Personal Injury" (including "Bodily Injury") and "Property Damage" arising, in whole or in part, out of the operations of the Named Insured. The inclusion of such Additional Insured shall not serve to increase the "Company's" Limit of Liability as specified in the participation endorsement of this Policy: However, additional insured coverage provided by this insurance will not be broader than coverage required in the written agreement. GL330138 0916 Includes copyrighted material of ISO Properties, Inc., 2004 with Page I of 1 its pennission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Primary and Non -Contributory Coverage Endorsement This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORATIONS The following is added to Section VIIL COMMON POLICY CONDITIONS: If insurance similar to this insurance is held by a person or organization that is an additional insured on this policy, this insurance is primary to that other insurance. The "Company" shall not seek contribution from that other insurance for amounts payable under this insurance for liability arising out of the "Participating Named Insured's"ongoing operations performed for that person or organization under written agreement. However, the provisions of this endorsement do not apply to a person or organization unless the "Participating Named Insured" had a written agreement with that person or organization requiring: a. This insurance be primary insurance; b. They be an additional insured on this Policy; and C. The written agreement was entered into prior to the date the "Participating Named Insured's" operations for that person or organization commenced. GL330152 0911 Includes copyrighted material of ISO, Inc., used with permission Page I of 1 CITY OF Federal Way CITY HAL` 33325 Sth Avenue South Federal Way. WA 98003-6325 (253)B35-7000 1 r1N /.i_II N1//31101f111Y1Y. f:lJl1 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER SERVICES This Amendment ("Amendment No. 1'�, is made between the City of Federal Way, a Washington municipal corporation ("City"), and Olbrechts and Associates, PLLC, Washington State Professional Limited Liability Company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Hearing Examiner Services ("Agreement") dated effective December 14, 2020 as follows: 1. AMC, NDED SEMVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 2. GENLeRAL PROVISIONS. All olher terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full tbree acid effect. Any and all cols done by either Party consistent with Ilse authority of the Agreement, together with any prior amendments thereto, alter the previous expiration date and prior to the effective date of this Amendment, are hereby refilled as having been performed under the Agreement, w modified by any prior amendments, as it existed prior is this Amendment. Tlie provisions of Section I3 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE: OLBRECHTS & ASSOCIATES, PLLC: Printed Name: Phil Olbrechts Title: Managing Member Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: I.- Ryan Call, City Attorney : Date: \] Carl Lld(f4 40 ;02-2— STATE OF NEVADA ) 1 ss. COUNTY OF CLARK ) On this day personally appeared before me Phil Olbrechts, to me known to be the Managing Member of Olbrechts and Associates, PLLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal day of r CA 2022. o s signature �C •1_r _ CID Notary's printed name �p 7 Notary Public in and for the State of Nevada._ HELEN M. BLOOD My commission expires 61 '5 -- 2 0 Z S Nntary Public - State 01 Nevada County of Clark APPT. NO. 09-10387-1 My App. Expires June 5, 2025 E)UMIT A-1 ADDITIONAL SERVICES The Contractor shall provide the following Additional Services: DESIGNATED HEARING EXAMINER: Unless otherwise provided in writing by the City, the City hereby designates Olbrechts & Associates, PLLC, as the Federal Way Chief of Police's designee and Hearing Examiner for purposes of seizure and Forfeiture proceedings pursuant to RCW 69.50,505 and related laws, CITY DHLECTION: All duties shall be performed pursuant to the direction of the Police Chief or his or her designee. COMPLIANCE WITH LAWS AND RULES OF PROCEDURE: All duties shall be performed in accordance with all applicable federal, state and City laws, including but not limited to the Uniform Controlled Substances Act (Chapter 69.50 RCW), the Administrative Procedure Act (Chapter 34.05 RCW), and all city codes, ordinances, resolutions, standards or policies as now existing or hereafter adopted or amended CLERICAL SERVICES: The Hearing Examiner shall furnish clerical services including, but not limited to, preparing decisions, mailing or otherwise delivering decisions to parties of record, preparing decisions on requests for reconsideration, and furnishing qualified personnel to mark exhibits, list names and address of parties of record, and record public bearings. Clerical services shall be billed at cost, including state tax, up to $40/hour with a one hour minimum per day of hearing, TEWELINESS: Decisions shall be rendered within the time period prescribed by Chapter 69.50 RCW and Title 34 RCW. Failure to do so will be considered a material breach of contract. PERFORMANCE STANDARD: All duties shall be performed in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, including, but not limited to conducting orderly and impartial hearings, creating a professional and courteous environment for claimants, citizens, and staff; and the preparation of findings and conclusions which are understandable and based upon sound reasoning and all applicable laws.