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HomeMy WebLinkAboutPD12-050 - Original - New Connections of South King County - BJA/SCAAP Grant CKCF Life Skills Workshops/Reentry Planning Services - 01/05/2012 Records Managemenu ��,KcNT Document WASHINGTOH hux' CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: New Connections of South King County Vendor Number: 67492 JD Edwards Number Contract Number: (oQ-•05Z) This is assigned by City Clerk's Office Project Name: BJA/SCAAP Grant CKCF Life Skills Workshops/Reentry Planning Services Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 01/05/12 Termination Date: 12/31/2012 Contract Renewal Notice (Days): 30 days Number of days required notice for termination or renewal or amendment Contract Manager: Debra LeRoy Department: Police Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and New Connections of South King County THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and New Connections of South King County organized under the laws of the State of Washington, located and doing business at 412 West Titus Street, Kent, WA 98032- 1208 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide Life Skills workshops for offenders supervised by the City of Kent Corrections Facility, case management for individual inmates and reentry services for offenders upon their release from jail. The scope of work is further defined in Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012, with possible continuation contingent upon available funding. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $9,975 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant 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. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. i E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. 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 on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. P 9 X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant 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. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. 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. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees 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, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. 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 further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF EN By: By: (signature (signature) Print ame: Q K- Print Name: Kenneth E. Thomas Its: 4 Its: Chief of Police tale) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: May Miller Debra LeRoy New Connections of South King County City of Kent 412 West Titus Street 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 253-856-9200 (telephone) (253) 856-5856 (telephone) 253-856-9210 facsimile (253) 856-6803 (facsimile) [u/2011 SCARP/New Connections Contract CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) r DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical i ili d sab ty. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of Q , 20 L( . By: ran ca I A g��.�bl, For: 2t.42� yQ o Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or art of the Agreement. J P P 9 Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as ..�x ._. 2au_-4- that was entered into on the & � �An (date) between the firm I represent and the City of Kent. I declare that I complied full with all of the requirements and obligations as outlined in the City P Y q 9 Y of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 2 e'e Q , 20 U By: For: lcn�!axirg Title: Date: 4 r Wn EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF WORK A. The Contractor's responsibilities include: 1. Program Administration a. Provide Life Skills Orientation workshops to inmates in the Kent Jail. This orientation will provide offenders with information covering available resources and treatment programs in the community. These 60 minute group classes will be offered as the first week of each four week series of Life Skills classes separately for each gender The expected male class attendance is eight and female class attendance is four. The class size may exceed these numbers of students at the start of each workshop series in consideration of early release resulting for some of the students. b. Provide Motivational Life Skills classes to inmates in the Kent Jail two days per week for three weeks. The Life Skills classes include, but are not limited to instruction in communications, goal setting,problem solving, stress and anger management, employment skills and budgeting g Contractor shall survey students to customize each workshop series' content for each group These weekly 60 minute group classes are offered separately for each ender The expected class capacity includin both g p p Y g genders is 12 clients per week. There shall be at least one week between each Life Skills class series. C. Contractor will perform and document student assessments of the Life Skills series. Provide project evaluator with access to raw data as necessary d. Provide certificate of completion to inmates completing Life Skills classes e. Provide case management contacts each week with individual clients in the Kent Jail This case management shall primarily be conducted in the Kent Jail to include, but not limited to assistance with • Washington State Identification card or Driver license reinstatement assistance • Housing referrals • Drug, alcohol, domestic violence referrals • Referral to support groups • Clothing vouchers EXHIBIT A SCOPE OF WORK PAGE 1 OF 4 S • Preparation for Ignition Interlock Program • Community service referrals • Employment support, may include resume writing and job hunting assistance (The primary focus of this case management is to prepare the offender for successful reentry to the community, including obtaining employment Emphasis for assistance is placed on the offender obtaining a Washington Stated Identification card or reinstatement of driver's license ) 2. Records a. Contractor staff will maintain all class attendance records. b. The consultant must grant access to all data,reports, documents and records relating to the Bureau of Justice—Justice Assistance Grant project to the City and the Department of Justice or any other authorized representatives. C. The consultant must retain all records relating to this grant project for three years following the final grant payment to the grantee and contractor. d. Contractor staff will transport records to and from the class site,maintaining inmate client confidentiality. e. Contractor shall provide inmate client class and service registration forms including release of information language for program evaluation purposes Kent Police Department (KPD) staff or research intern hired by KPD shall have access to all inmate client records at the Contractor's business address for program research and evaluation purposes only 3. Quarterly Meetings The Contractor's representative will meet quarterly with the CKCF Administrator or designee to review the Life Skills instruction,case management and reentry services. 4 Monthly and Final Project Reports The Contractor will provide monthly statistical reports with monthly invoices. The final report is due by February 15,2013. Reports need to provide demographic data to include gender, age and race. Data for these reports will include, but may not be limited to: EXHIBIT A SCOPE OF WORK PAGE 2 OF 4 a. Number of Kent Jail inmates contacted in orientation classes b. Number of Kent Jail inmates enrolled in Life Skills classes C. Number of Kent Jail inmates completing Life Skills classes d Number of Kent Jail inmates who dropped out of Life Skills classes e. Number of Kent Jail inmates released from custody prior to completing Life Skills classes. f. Number of Kent Jail inmate clients contacted in jail individual case management sessions. g. Number and names of Kent Jail Life Skills class students utilizing New Connections once released from the CKCF h. Number and names of Kent Jail offenders obtaining Washington State ID card or drivers license 5. Contractor employees Contractor will run background checks on all employees and volunteers with access to inmates or their records in order to protect their confidentiality. All contractor employees or volunteers entering CKCF will provide picture identification to CKCF staff and be subject to a criminal history background check prior to entering the facility. B. The City's responsibilities include: I. Provide a classroom with furnishings and security for group classes A room will also be provided for individual follow-up support contacts. 2. The CKCF Administrator, or designee, will meet quarterly with the Contractor's representative to review the Life Skills instruction program 3. Coordinate group class and individual follow-up support contact schedules with Contractor. EXHIBIT A SCOPE OF WORK PAGE 3 OF 4 I Exhibit B Consultant Services Agreement between the City of Kent and New Connections of South King County Fee Schedule Summary of Services to provide to Kent Jail inmates Life Skills Workshops series of 4 weeks consisting of: Two orientation classes in first week Two Life Skills Workshops per week for three weeks Case management for individual inmate clients may be adjacent to Life Skills Workshops Weekly relicensing and resource information orientation and/or case management for offenders assigned to Programs, as time allows Continuation of case management for Kent Jail inmate clients at New Connections upon release from jail Data collection on Kent Jail inmates receiving above listed services Monthly fee for services $831.25 Contract Total $9,975.00 The above schedule lists the maximum monthly rate for services provided by this contract. Individual services and costs may be adjusted during the contract period only by mutual agreement of the contract parties. The Contractor may not bill for fees or costs exceeding the total contract amount of$9.975.00.