HomeMy WebLinkAboutPD14-295 - Original - New Connections of South King County - Life Skills Training at Corrections Facility - 11/12/2014 Kelcords an a fi' ,®
KE T
Document
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
00
Contract Number:
This is assigned by City Clerk's Office
Project Name: Life Skills Training at CKCF
Description: Interlocal Agreement ❑ Change Order ❑ Amendment X Contract
❑ Other:
Contract Effective Date: 1/1/2015 Termination Date: 12/31/2015
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager. Sara Wood Department: Police j
Contract Amount: $9,975
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
This interagency agreement provides funding to New Connections of South King County
for ongoing life skills training for inmates housed at the City of Kent Corrections Facility.
Training includes job training, financial management, family management, drug/alcohol
eductionJprevention, etc. ----- - �i
i
As of: 08/27/14
•
W
i
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
New Connections of South King County
I
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 422 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, 2015, with possible continuation contingent upon available funding.
III. COMPENSATION.
I
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)
I�
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.
i
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent j
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:
I,
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.
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 j
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)
i
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.
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 a T
tered below.
CONSULTANT: CITY O KE
LABy--k: By:
ti> (si nature}; (sign re)
Prin ame �1 �� 1.1 Print Name: Kenneth E. Thomas
Its:
�1c_ �1`I� Its: Chief of Police
(VtDATE: �� C--�` �e� DATE: VVA VIA 1 tf
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Randall Smith Sara Wood
New Connections of South King County City of Kent
422 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)
I
i
i
it
CONSULTANT SERVICES AGREEMENT - 5
(Under$10,000)
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
disability.
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.
I
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 fulfi I the five requirements referenced above.
Dated this ,L> day of A 20 �A .
By:
For:
Title:
Date: Ab AA
I
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
I
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
I
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 part of the Agreement.
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.
I
II
I
I
EEO COMPLIANCE DOCUMENTS - 2
I
i
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
i
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
i
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 that was entered into on
I
the (date) between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
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 20 .
By:
For:
Title:
Date:
I
i�
I
I
EEO COMPLIANCE DOCUMENTS - 3
I
EXHIBIT A
SCOPE OF WORK
A. The Contractor's responsibilities include:
1. Program Administration
i
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 90
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.
Contractor shall survey students to customize each workshop series'
content for each group. These weekly 90 minute group classes are offered
separately for each gender. The expected class capacity including both
genders is 12 clients per week. There shall be at least two weeks 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 j
• Referral to support groups
• Clothing vouchers
EXHIBIT A
SCOPE OF WORK
PAGE 1 OF 3
i
• 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 15,2015. 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 3
I
I
i
i
i
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.
It. 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.
i
EXHIBIT A
SCOPE OF WORK
PAGE 3 OF 3
I
i
i
i
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.
i
i
i
EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
i
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage. j
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
i
I
i
I
i
i
EXHIBIT C (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant'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 Consultant's
insurance and shall not contribute with it.
i
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
i
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
i
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
I
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
I
i