HomeMy WebLinkAboutCAG2024-361 - Original - Kent Youth and Family Services - Substance Use Disorder and Mental Health Services - 8/1/24 FOR CITY OF KENT OFFICIAL USE ONLY 40
Sup/Mgr: ,,
Agreement Routing Form DirAsst: K�
• For Approvals,Signatures and Records Management Dir/Dep:
KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover
(Optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Lori Guilfoyle Parks, Recreation & Community Services
Date Sent: Date Required:
0 07/23/2024 August 6
Q Mayor or Designee to Sign. Date of Council Approval:
Q
Q Interlocal Agreement Uploaded to Website July2, 2024
Budget Account Number: Grant? Yes NoWl
18006390.XXXXX.4633
Budget?W]Yes ONO, Type: N/A
Vendor Name: Category:
Kent Youth and Family Services Contract
Vendor Number: NEW— Sub-Category:
33841 Original
0
Project Name: Substance Use Disorder and Mental Health Services
cProject Details: The Substance Use Disorder (SUD) and Mental Health Services program
will provide an array of services focused on school based SUD and mental
health services for students in the Kent School District.
c
Basis for Selection of Contractor:
� AgreementAmoun • 122,500 Direct Negotiation
E *Memo to Mayor must be attached
_
Start Date: August 1, 2024 Termination Date: August 30, 2025
Q Local Business?W]Yes F—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace.
Business License Verification: 91 Yes In-ProcessD Exempt(KCC 5.01.045) W1 Authorized Signer Verified
Notice required prior to disclosure? Contract Numb
Yes W1 No CAG20224-361
Comments:
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Date Received:City Attorney: 7/25/24 Date Routed:Mayor's Office 7/31/24 City Clerk's Office /31/24
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
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4
KENT
WAs H1—ToH
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Kent Youth and Family Services
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Kent Youth and Family Services organized under the laws of the State of Washington,
located and doing business at 232 2nd Avenue S, Kent, WA, 98032 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Substance Use Disorder (SUD) and Mental Health Services program will provide an array
of services focused on school based SUD and mental health services, including individual and
group services in Kent School District. The following exhibits are attached and incorporated
by this reference as if fully set forth herein; Exhibit A, Scope and Schedule of Work, Exhibit
B, Insurance Exhibit and Exhibit C, Debarment Certification.
The 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. The Consultant shall complete the
work described in Section I by August 31, 2025.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$122,500, 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 A.
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 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.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000)
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
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 the
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 the 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 the
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 the Consultant's records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000)
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. 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. The Consultant shall execute
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2.
VIII. INDEMNIFICATION. The 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 the 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 duty to defend, indemnify, and hold the City harmless,
and the Consultant's liability accruing from that obligation 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 the 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
the 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.
IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement.
XI. 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
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000)
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The
City's use or reuse of any of the documents, data, and files created by the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the 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.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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.
XIV. 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. 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 VIII 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 the
Consultant.
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000)
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 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 the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000)
K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT: CITY OF KENT:
Eue Cawou An-apt
B Sue Camou Arrant(Jul 25,202413:49 PDT) B
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Dax
Print Name: Sue Camou Arrant Print Name: Dana Ralph
Its Interim Executive Director Its Mayor
DATE: J u l 25,2024 DATE: 07/31/2024
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Brenda Rodgers Lori Guilfoyle
Kent Youth and Family Serivices City of Kent
232 2nd Avenue S 220 Fourth Avenue South
Kent, WA, 98032 Kent, WA 98032
(253) 856-5061 (telephone)
253-859-0300 (telephone) Iguilfoyle@kentwa.gov (email)
brendar@kyfs.org email
APPROVED AS TO FORM:
Ke Law Depart6j6t
ATTEST:
L;' 6MAL
Kent City Clerk
CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000)
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies.
The City of Kent and its contractors are subject to and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations".
The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
EEO COMPLIANCE DOCUMENTS - 1
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
EEO COMPLIANCE DOCUMENTS - 3
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance.
By signing below, I agree to fulfill the five requirements referenced above.
Slide Cawo"An-ad
By: Sue Camou Arrant(AA 25,202413:49 PDT)
For: Kent Youth and Family Services
Title: Interim Executive Director
Date: Jul 25,2024
EEO COMPLIANCE DOCUMENTS - 4
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
POLICY:
Equal employment opportunity and non-discrimination in contracting 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.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance.
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 coordinate with the City's Title VI coordinator, and perform 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 - 5
4^
Exhibit A
KENT WASHINGTON Scope and Schedule of Work
PARKS, RECREATION b
COMMUNITY SERVICES 9 Consultant Services Agreement
Agency: Kent Youth and Family Services
Program: Substance Use Disorder (SUD) and Mental Health Services
Contact: Name: Brenda Rogers
brendar@kyfs.org
Program The program will provide an array of services focused on school based SUD and
Description: mental health services, and group services in Kent School District.
Term: August 2024—August 2025
Total Funds Awarded: $122,500
Pursuant to Section I. of the Consultant Services Agreement(CSA), Consultant shall provide the approximate number of City
of Kent clients with the following services:
Unduplicated Kent Residents, Service Unit Descriptions and Deliverables Units for Kent Residents
Contracted to Serve
Unduplicated Kent Clients Contracted to Serve 100 Individuals
Service Unit 1: In-school Services
Description: Individual, Family and Group counseling sessions, case 500 Units
management, assessments and SUD education provided for mental health
and substance use services in Kent School District.
Service Unit 2: Mental Health and SUD Support Groups &Workshops 10 Units
Description: Group services provided during out of school times, such as school breaks
and/or after school.
The above services shall be provided by August 31, 2025
Contract Administration
- The Consultant shall notify the City, in writing, within ten (10) days of any changes in agency
leadership or program personnel.
- The Consultant shall provide the City with a current list of its board of directors, general or limited
partners, as applicable.
- In addition to monthly and annual reporting, staff may perform desktop or onsite monitoring to
ensure contract compliance. Any onsite monitoring will be scheduled with adequate time to prepare
for the visit. The Contractor can request a copy of the monitoring form at any time by contacting
City of Kent staff.
- All records related to the CSA must be retained for six (6) years plus the current year.
Performance Measures
The consultant will be expected to meet 100% of the performance measures as set forth within this
Exhibit A. Exceptions may be made only in accordance with Section III.C. of the CSA. If the performance
measures are not fulfilled, payment for services rendered will be reduced in accordance with Section III.0
of the CSA.
Reporting Requirements and Timeline
All data and required forms shall be submitted electronically.
Service Unit Report - Data from this form will be used to track each program's progress toward meeting
the goals stipulated in the Scope of Work. It shall be submitted monthly, no later than the 15th of the
month following the end of the month along with the Reimbursement Request.
Reimbursement Request - This form will be filled out electronically and serve as the invoicing mechanism
for payment to your agency/program. It shall be submitted monthly, no later than the 15th of the month
following the end of the month unless otherwise specified.
Demographic Data Report - The agency shall collect and retain the data requested on this form from
the persons served through this contract. Data should be tracked in an ongoing manner and submitted
annually.
Report Due Date
Service Unit Report and Reimbursement 15t" day following each month
Request
Final Reimbursement Request September 15, 2025
Demographic Data Report September 30, 2025
Exhibit B
Insurance Requirements
Contractor 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 Contractor, their agents, representatives, employees, or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
Commercial General Liability insurance shall be written on Insurance
Services Office (ISO) occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors,
products-completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate
Per Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor'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. If a general
aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
Contractor may use Umbrella or Excess Policies to provide the liability
limits as required in this Agreement. This form of insurance will be
acceptable if all the Primary and Umbrella or Excess Policies shall
provide all the insurance coverages herein required. The Umbrella or
Excess policies shall be provided on a true "following form" or broader
coverage basis, with coverage at least as broad as provided on the
underlying Commercial General Liability insurance.
Automobile Liability insurance providing bodily injury and property
damage liability coverage for all automobiles/vehicles used in the
performance of this Agreement. This coverage must be on a primary
and non-contributory basis only. Coverage shall be written on 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.
Sexual Abuse or Molestation (SAM) Liability insurance endorsed to a
standard liability policy to include affirmative coverage or obtained on
a specially purchased stand-alone policy.
Professional Liability or Errors & Omissions insurance appropriate to
the Contractor's profession.
Workers' Compensation coverage for the employees of Contractor and
subcontractors as required by the Industrial Insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no
less than $1,000,000 per occurrence, $2,000,000 general aggregate,
and $2,000,000 products-completed operations aggregate limit.
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. al.
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000
Waiver of Subrogation
Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per occurrence.
Sexual Abuse or Molestation (SAM) Liability insurance with a limit no
less than $1,000,000 per occurrence or claim.
Professional Liability or Errors & Omissions insurance shall be written
with limits no less than $1,000,000 per occurrence, $2,000,000
general aggregate.
If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City. The above policy
limits may be obtained with excess liability (umbrella) insurance.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions:
1. 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 in
excess of the Contractor's insurance policies and shall not
contribute to the Contractor's insurance policies.
2. Contractor's insurer must deliver or mail written notice of
cancellation to the named insured at least forty-five (45) days
before the effective date of the cancellation. The Contractor's
insurance policy shall include an endorsement that provides the
City with written notice of cancellation forty-five (45) days
before the effective date of the cancellation. If Contractor's
insurer fails to provide the City with a copy of the notice of
cancellation endorsement, the Contractor must notify the City of
any cancellation, nonrenewal or termination before the effective
date of the cancellation.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) with respect to work
performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as an 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 Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately
to each insured against whom claims are made or suit is
brought, except with respect to the limits of the insurer's
liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor 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 Contractor before commencement of the work. The City waives no
rights, and the Contractor is not excused from performance if Contractor
fails to provide the City with a copy of the endorsement naming the City as a
Primary Non-Contributory Additional Insured.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverage for subcontractors shall be subject to all the same insurance
requirements as stated herein for the Contractor.
Issue Date 6/11/2024 Cert#:0000024301
NON PROFIT INSURANCE PROGRAM
CERTIFICATE OF COVERAGE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES
NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT BELOW.THIS CERTIFICATE OF COVERAGE 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 COVERED PARTY,THE COVERAGE AGREEMENT MUST BE ENDORSED. IF SUBROGATION IS
WAIVED,SUBJECT TO THE TERMS AND CONDITIONS OF THE COVERAGE AGREEMENT,CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT.A STATEMENT
ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).
PROGRAM ADMINISTRATOR COMPANIES AFFORDING COVERAGE
Clear Risk Solutions GENERAL LIABILITY
451 Diamond Drive NPIP/Munich Re.et al.
Ephrata,WA 98823
AUTOMOBILE LIABILITY
INSURED NPIP/Munich Re.et al.
Kent Youth and Family Services PROPERTY
NPIP/Munich Re.et al.
232 South Second Avenue#201 MISCELLANEOUS PROFESSIONAL LIABILITY
Kent,WA 98032 NPIP/Munich Re.et al.
COVERAGES
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH COVERAGE AGREEMENT. LIMITS SHOWN BELOW MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LINE OF COVERAGE COVERAGE NUMBER EFF DATE EXP DATE DESCRIPTION LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY NPIP242533501 6/1/2024 6/1/2025 PER OCCURRENCE $5,000,000
OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000
INCLUDES STOP GAP—EMPLOYERS LIABILITY PRODUCT-COMP/OP $5,000,000
PERSONAL&ADV.INJURY $5,000,000
(LIABILITY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000
AUTOMOBILE LIABILITY
ANY AUTO NPIP242533501 6/1/2024 6/1/2025 COMBINED SINGLE LIMIT $5,000,000
(LIABILITY IS SUBJECT TO A 350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE
PROPERTY
NPIP242533501 6/1/2024 6/1/2025 ALL RISK PER OCC EXCL EQ&FL $100,000,000
EARTHQUAKE PER OCC $1,000,000
FLOOD PER OCC $1,000,000
(PROPERTY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE
MISCELLANEOUS PROFESSIONAL LIABILITY
NPIP242533501 6/1/2024 6/1/2025 PER CLAIM $5,000,000
(LIABILITY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Regarding funding received.The City of Kent,its elected,and appointed officials are named as Additional Insured as respects General Liability regarding this funding only
and are subject to coverage terms,conditions,and exclusions.Additional Insured endorsement is attached.Sexual Abuse and Molestation coverage is included in the
General Liability portion of the Coverage Agreement with a limit of$2,000,000 per Claim.
CANCELLATION NOTICE:SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT PROVISIONS.
CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE
City of Kent i
220 4th Ave S
Kent,WA 98032
Coverage Number: NPIP242533501 Effective Date: 6/1/2024
Cert#:0000024301 Issue Date 6/11/2024
ADDITIONAL COVERED PARTY-DESIGNATED PERSON OR ORGANIZATION
(GENERAL LIABILITY)
THIS ENDORSEMENT CHANGES THE COVERAGE AGREEMENT.PLEASE READ IT CAREFULLY
This endorsement modifies Coverage provided under the following:
GENERAL LIABILITY COVERAGE PART
This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless
another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by
and is on file with the Company, the following applies.
SCHEDULE
Person or Organization(Additional Covered Party):
City of Kent
220 4th Ave S
Kent,WA 98032
Description of Activities/Operations/Designated Premises:
Regarding funding received. The City of Kent, its elected, and appointed officials are named as Additional Insured as respects
General Liability regarding this funding only and are subject to coverage terms, conditions, and exclusions.Additional Insured
endorsement is attached. Sexual Abuse and Molestation coverage is included in the General Liability portion of the Coverage
Agreement with a limit of$2,000,000 per Claim.
A. With respects to the General Liability Coverage Part only,the definition of Covered Party in the Liability Conditions,
Definitions and Exclusions section of this Coverage Agreement is amended to include as a Covered Party the
Person or Organization shown in the above Schedule.Such Person or Organization is a Covered Party only with
respect to liability for Bodily Injury,Property Damage,or Personal and Advertising Injury caused in whole or in
part by your acts or omissions or the acts or omissions of those acting on your behalf:
1. In performance of your ongoing operations;or
2. In connection with your premises owned or rented to you.
B. The Limits of Coverage applicable to the additional Covered Party are those specified in either the:
1. Written contract or written agreement;or
2. Declarations for this Coverage Agreement,
whichever is less. These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the
Declarations.
All other terms and conditions remain unchanged.
SEXUAL ABUSE
Named Insured Endorsement Number
Kent Youth and Family Services
Policy Number N1A2RL000001314 Endorsement Effective
Countersigned by
Authorized Representative)
The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
GENERAL LIABILITY COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated above.
Schedule
Retroactive Date: See RL 1000 CDEC
Retained Limit:
Each Occurrence -Group $ 350,000
Excess Limit of Insurance: NPIP (NP) NPIP (IS)
Each Occurrence - Named Insured $ See RL 2032-1 Not Covered
Each Occurrence—Group $ 2,000,000 see
Named Insured Aggregate $ See RL 2032-1 RL2097 NPIP
Group Aggregate $20,000,000
WLAD Cost Claim Group Aggregate $ N/A
This coverage extension is subject to all terms and conditions of the General Liability Coverage Part to which
this coverage extension is attached, except as otherwise stated below.
A. INSURING AGREEMENT
In return for the payment of the premium, the General Liability Coverage Part is extended to include
indemnification for Ultimate Net Loss in excess of the Retained Limit shown in the Schedule above, for
which you become legally obligated to pay because of a Claim arising out of Sexual Abuse by any of your
Employees or Volunteer Workers that is caused by an Occurrence and any corresponding WLAD Claim
arising out of Sexual Abuse brought with such Claim arising out of Sexual Abuse that is otherwise covered
under this Insuring Agreement.
This insurance only applies if:
1. The Sexual Abuse first takes place in the Coverage Territory after the Retroactive Date
shown in the Schedule above and before the end of the Policy Period;
2. The Claim is "first made" against you during the Policy Period or any applicable
Extended Reporting Period we may provide under Section E. of this endorsement; and
3. We receive written notice in accordance with the reporting requirements in the Duties In
the Event of an Accident, Occurrence, Wrongful Act or Claim condition in the Liability
Conditions, Definitions and Exclusions section of this policy, no later than:
a. The termination date of the General Liability Coverage Part or the end of the Policy
Period, whichever comes first; or
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b. The end of any applicable Extended Reporting Period we may provide under
Section E. of this endorsement.
A Claim will be deemed to have been "first made"at the earlier of the following times:
1. When you give written notice to us of Sexual Abuse, of which you have become aware, that may
reasonably and subsequently give rise to a Claim being made against any Insured; or
2. When notice of such Claim is received and recorded by you or by us, whichever comes first.
All Claims based on or arising out of Sexual Abuse by an Employee or Volunteer Worker, or more than
one Employee and/or Volunteer Worker acting in concert, will be considered as arising out of one
Occurrence, and willbe considered "first made"when the first of such Claims is made, regardless of:
1. The number of persons Sexually Abused;
2. The number of locations where the Sexual Abuse occurred;
3. The number of acts of Sexual Abuse prior to or after the first Claim is made; or
4. The period of time over which the Sexual Abuse took place, whether the Sexual Abuse is during,
before or after the Policy Period. However, only acts of Sexual Abuse that take place after the
Retroactive Date shown in the Schedule of this coverage extension and before cancellation or non-
renewal of this coverage extension are covered.
No other obligation to pay any additional sums or perform acts or services is covered.
B. EXCLUSIONS
In addition to the Exclusions in the LIABILITY CLAIM ADMINISTRATION, EXCLUSIONS, CONDITIONS AND
DEFINITIONS section of the policy and the Exclusions in the General Liability Coverage Part the following
applies:
1. The following is added to Exclusion 10. Sexual Abuse in the LIABILITY CLAIM ADMINISTRATION,
EXCLUSIONS, CONDITIONS AND DEFINITIONS sectionof the policy:
However, with respect to the General Liability Coverage Part, this exclusion does not apply to the
extent coverage is provided for Sexual Abuse under the Sexual Abuse Endorsement attached to
such Coverage Part.
2. The Exclusions section in the LIABILITY CLAIM ADMINISTRATION, EXCLUSIONS, CONDITIONS
AND DEFINITIONS part of the policy is amended to add the following:
This insurance under any Liability Coverage Part of this policy does not apply to any liability arising out
of a WLAD Claim unless, and only to the extent, such WLAD Claim is covered under this Sexual
Abuse Endorsement..
3. Exclusion 1. in the General Liability Coverage Part is amended to read:
1. Expected Or Intended Injury
Bodily Injury or Property Damage either expected or intended from the standpoint of the
Insured. This exclusion does not apply:
a. To Bodily Injury resulting from the use of reasonable force to protect persons or property;
or
b. To the extent that coverage is provided under the Law Enforcement Endorsement, if
attached to this Coverage Part; or
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c. To the extent that coverage is provided for Sexual Abuse under the Sexual Abuse
Endorsement, if attached to this Coverage Part.
3. The insurance under this coverage extension does not apply to any Claim arising from Sexual
Abuse by any Employee or Volunteer Worker, committed after initial discovery by any of your
officials,trustees, directors, officers, or partners of Sexual Abuse by such Employee or Volunteer
Worker,whetherthe Sexual Abuse was before or after such Employee or Volunteer Worker was
hired by you. However, discovery does NOT include discovery by the official, trustee, director,
officer, or partner who committed such Sexual Abuse.
4. The insurance under this coverage extension does not apply to either defense or indemnification of
any Employee or Volunteer Worker for Sexual Abuse, with respect to any Claim based on or
arising out ofsuch Sexual Abuse. Such Employee or Volunteer Worker is not covered under this
coverage extension as respects such Claim.
However, at your option, you may defend an Employee or Volunteer Worker for a covered civil
action subjectto the other terms of this policy until either a judgment or final adjudication establishes
such Sexual Abuse. You will be entitled to indemnification by us for such Defense Costs subject to
Section B. Defense and Indemnification of the General Liability Coverage Part.
C. RETROACTIVE DATE
The Retroactive Date of this coverage extension is the date shown in the Schedule above.
D. LIMITS OF INSURANCE
Subject to Section IV. Retained Limit and Excess Limit of Insurance for the Same or Interrelated or
Causally Connected Accidents, Occurrences, Wrongful Acts or Claims of the Liability Claim
Administration, Exclusions, Conditions And Definitions form RL 1000 LC:
1. Your Retained Limit for Ultimate Net Loss under this coverage extension resulting from any one
Occurrence and, if applicable, any corresponding WLAD Claim arising out of Sexual Abuse for
all Named Insureds of the Group combined will not exceed in combined total the amount specified
in the Schedule above for Retained Limit, Each Occurrence -Group.
2. In addition to the above Retained Limit, a separate $25,000 deductible shall apply to any WLAD
Costs arising out of each WLAD Claim covered under this Sexual Abuse Endorsement.
3. The Excess Limit of Insurance for all Ultimate Net Loss under this coverage extension resulting
from any one Occurrence and, if applicable, any corresponding WLAD Claim arising out of
Sexual Abuse for all Named Insureds of the Group combined will not exceed in combined total
the amount specified in the Schedule above for Excess Limit of Insurance, Each Occurrence-
Group.
Subject to the paragraph above, the Excess Limit of Insurance for Ultimate Net Loss under this
coverage extension resulting from any one Occurrence and, if applicable, any corresponding
WLAD Claim arising out of Sexual Abuse for each Named Insured will not exceed in combined
total the amount specified in the Schedule above for Excess Limit of Insurance,Each Occurrence
—Named Insured.
4. The Excess Limit of Insurance Group Aggregate Limit stated in the Schedule above is the most
we will pay for all Ultimate Net Loss for all the Named Insureds of the Group combined under
this coverage extension. Any payments we make under this coverage extension apply to the
Group Aggregate for the General Liability Coverage Part contained within the Schedule of Excess
Limits of Insurance stated in the Declarations of this policy.
Subject to the above, the Excess Limit of Insurance Named Insured Aggregate Limit stated in the
Scheduleabove is the most we will pay for Ultimate Net Loss for each Named Insured under this
coverage extension. This limit is part of and not in addition to the Group Aggregate Limit stated in
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the Schedule above.
5. Subject to the above, the Excess Limit of Insurance WLAD Cost Claim Group Aggregate Limit
stated in the Schedule above is the most we will pay for all WLAD Costs awarded at trial or in
binding arbitration arising from all WLAD Claims covered under this Sexual Abuse Endorsement
for all the Named Insureds of the Group combined. Such amount shall be part of, and not in
additionto the Excess Limit of Insurance Named Insured Aggregate Limit and the Excess Limit of
Insurance Group Aggregate Limit as set forth in the Schedule above. Nothing in the provision
increases the per occurrence limit.
6. Any Limits stated in the Schedule above for this coverage extension are part of, and not in addition
to the applicable Limits of Insurance for the General Liability Coverage Part stated in the
Declarations of this policy.
E. DEFINITIONS
1. Solely for the purpose of this endorsement:
a. The definition of Claim in the Definitions section of the LIABILITY CLAIM ADMINISTRATION,
EXCLUSIONS, CONDITIONS AND DEFINITIONS section of the policy is amended to add the
following:
Claim shall also mean WLAD Claim.
b. The definition of Ultimate Net Loss in the Definitions section of the LIABILITY CLAIM
ADMINISTRATION, EXCLUSIONS, CONDITIONS AND DEFINITIONS section of the policy is
amended to add the following:
Ultimate Net Loss shall also mean WLAD Costs.
c. the following Definitions are added:
WLAD Claim shall mean any Claim arising out of Sexual Abuse and alleging a WLAD Violation.
WLAD Violation shall mean any violation of the Washington Law Against Discrimination, RCW 49.60.
WLAD Costs shall mean any plaintiff attorney fees for which the Insured is found legally liable to pay
and are solely attributable to a WLAD Claim.
F. EXTENDED REPORTING PERIODS
1. We will provide one or more Extended Reporting Periods as described below, if:
a. This endorsement is canceled or not renewed; or
b. We renew or replace this endorsement with insurance that:
(1) Does not apply to Sexual Abuse on a claims made basis; or
(2) Has a Retroactive Date later than the date shown in the Schedule above for this
endorsement.
2. Extended Reporting Periods do NOT extend the Policy Period or change the scope of coverage
provided. They apply only to Claims arising out of Sexual Abuse that take place before the end of
the Policy Period, but not before the Retroactive Date shown in the Schedule.
3. A Basic Extended Reporting Period is automatically provided without additional premium. It does NOT
apply to Claims that are covered under any subsequent insurance you purchase, or that wouldbe
covered but for exhaustion of the amount of insurance applicable to such Claims. This period starts
with the end of the Policy Period and lasts for sixty (60) days.
4. A Supplemental Extended Reporting Period is available by endorsement for an extra premium. This
Supplemental Extended Reporting Period starts when the Basic Extended Reporting Period ends.
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You must give us a written request for the Supplemental Extended Reporting Period endorsement
within 60 days after the end of the Coverage Part. The Supplemental Extended Reporting Period
will not go into effect unless you pay the additional premium promptly when due.
The additional annual premium for the Extended Reporting Period will NOT exceed 200% of the
annual premium for this endorsement.
5. All Extended Reporting Periods do NOT reinstate or increase the Excess Limit of Insurance.
All other terms and conditions remain unchanged.
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�- T
Exhibit C
PARKS, RECREATION
COMMUNITY$ERVICE$ City of Kent
Certification Regarding Debarment and Suspension
Kent Youth and Family Services SUD and Mental Health Serivices
Agency Name of Program(s)
Certification A: Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief that its
principals;
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal debarment or agency;
b) Have not within a three-year period preceding this proposal, been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or
destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d) Have not within a three-year period preceding this application/ proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Certification (A)
1. By signing and submitting this proposal, the prospective primary participant is providing
the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this covered transaction. The prospective participant
shall submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the department or
agency's determination whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an explanation shall
disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction.
If it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government/City of Kent, the department or agency may terminate this transaction for
cause of default.
4. The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if at any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, participant, person, primary covered transaction,
principal, proposal, and voluntarily excluded, as used in this clause, have the
1 of 3
meanings set out in the Definitions and Coverage sections of the rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is being submitted for assistance in obtaining a copy of these regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the
department or agency entering into this covered transaction, without modification, in
all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines this eligibility of its principals. Each participant may, but is not
required to, check the Non-procurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph (6) of these instructions, if a
participant in a covered transaction
11. Knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government/City of Kent, the
department or agency may terminate this transaction for cause of default.
Certification B: Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of this proposal, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
Instructions for Certification (B)
1. By signing and submitting this proposal, the prospective lower tier participant is
providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government/City of Kent, the
department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
2 of 3
3. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, participant, person, primary covered transaction,
principal, proposal, and voluntarily excluded, as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of these regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph (5) of these instructions, if a
participant in a lower covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government/City of Kent, the department or agency with which this
transaction originated may pursue available remedies including suspension and/or
debarment.
Executive Director (Print) Title
Signature of Executive Director Date
Adopted from HUD Form-2992
09/04
3of3
KENT
W A S H I N G T O N
DATE: July 2, 2024
TO: Kent City Council
SUBJECT: Kent Youth and Family Services Contract - Substance Use
Disorder and Mental Health Services - Authorize
MOTION: I move to authorize Mayor to sign the Consultant Services
Agreement with Kent Youth and Family Services, subject to the final terms
and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: House Bill 1590 was enacted by the Washington State Legislature in
2020 and House Bill 1070 increased flexibility of the funds in 2021. They both
amend RCW 2.14.530 and authorize cities and counties to impose a sales and use
tax up to 1/10th of 1% for affordable housing. At least 60% of the revenue
generated by the 1/10th of 1% sales and use tax must be used for capital and will
be pooled with South King Housing and Homelessness Partnership. The State
legislation allows for up to 40% of the revenue be utilized for the operation,
delivery, or evaluation of: (1) behavioral health treatment programs and services;
or (2) housing-related services.
In coordination with Kent School District, Kent Youth and Family Services was
selected to provide individual, family and group counseling sessions, case
management, assessments and substance use disorder (SUD) education to address
mental health wellness and substance use in Kent School District.
This contract for $122,500 expands substance use disorder and mental health
services for Kent youth funded by House Bill 1590 operating fund. The City
currently funds primarily office-based services for individuals from the general fund
for $80,000. The expanded service focus is for school-based services and creates
opportunities for group sessions. In addition, partnerships will be in place to
increase out of school time/summer sessions supporting SUD and mental health for
youth.
BUDGET IMPACT: Increase expenditure budget of $122,500 within the House Bill
1590 operating budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thrivina City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. KYFS SUD and Mental Health Agreement (PDF)
06/18/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 7/2/2024
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner
Signature: Merina Han n Ju123,202413:54 PDT) Signature: Kent Parks 25,202
Email: mhanson@kentwa.gov Email: parkscontracts@kentwa.gov
Signature:
Juli arascondola(Jul 25,202414:34 PDT)
Email: jparascondola@kentwa.gov
HHS-072324-KYFS-Substance Use Disorder
and Mental Health Services
Final Audit Report 2024-07-25
Created: 2024-07-23
By: Leah Bryant(Ibryant@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAIzjbXiXX_MzbVeF1m36KXDAQQiHzDs7A
"HHS-072324-KYFS-Substance Use Disorder and Mental Health
Services" History
Document created by Leah Bryant(Ibryant@kentwa.gov)
2024-07-23-8:47:33 PM GMT
Document emailed to mhanson@kentwa.gov for signature
2024-07-23-8:50:16 PM GMT
Email viewed by mhanson@kentwa.gov
2024-07-23-8:53:17 PM GMT
Signer mhanson@kentwa.gov entered name at signing as Merina Hanson
2024-07-23-8:54:00 PM GMT
Document e-signed by Merina Hanson (mhanson@kentwa.gov)
Signature Date:2024-07-23-8:54:02 PM GMT-Time Source:server
Document emailed to Sue Camou Arrant(suec@kyfs.org)for signature
2024-07-23-8:54:04 PM GMT
T" Email viewed by Sue Camou Arrant (suec@kyfs.org)
2024-07-25-8:39:09 PM GMT
Document e-signed by Sue Camou Arrant(suec@kyfs.org)
Signature Date:2024-07-25-8:49:03 PM GMT-Time Source:server
'4 Document emailed to Kent Parks (parkscontracts@kentwa.gov)for signature
2024-07-25-8:49:07 PM GMT
Email viewed by Kent Parks (parkscontracts@kentwa.gov)
2024-07-25-9:02:06 PM GMT
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E= Document e-signed by Kent Parks (parkscontracts@kentwa.gov)
Signature Date:2024-07-25-9:03:15 PM GMT-Time Source:server
Document emailed to Julie Parascondola Qparascondola@kentwa.gov)for signature
2024-07-25-9:03:18 PM GMT
Email viewed by Julie Parascondola (jarascondola@kentwa.gov)
2024-07-25-9:34:04 PM GMT
E= Document e-signed by Julie Parascondola Qparascondola@kentwa.gov)
Signature Date:2024-07-25-9:34:20 PM GMT-Time Source:server
Agreement completed.
2024-07-25-9:34:20 PM GMT
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K � Acrobat Sign