HomeMy WebLinkAboutSunrise Outreach - Homeless Outreach Coordinator ServicesPROFESSIONAL SERVICES AGREEMENT
FOR
HOMELESS OUTREACH COORDINATOR SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT, entered into this 25th day of March, 2020,
between the City of Yakima, a Washington municipal corporation ("City"), and Sunrise Outreach,
("Contractor).
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby
covenant and agree as follows:
1. Statement of Work
The minimum services that the Contractor will provide include services described in
"Deliverables and Reporting", which are attached as Exhibit A hereto and incorporated herein by
this reference.
2. Compensation
The City agrees to pay the Contractor $60,000 a year, to be invoiced monthly in $5,000
increments, for the work provided in Exhibit A and consistent with the program budget contained
in the Response to the Request for Proposals, No. 12001OP, for a Homeless Outreach
Coordinator dated February 14, 2020 and submitted by contractor, attached hereto and
incorporated herein by reference as exhibit B.
3. Contract Term
The period of this Contract shall be from April 1, 2020 until April 1, 2022. The City may, at its
option, extend the, Contract on a year to year basis for up to four additional years provided,
howetver, that either party may at any time during the life of this Contract, or any extension
thereof. terminate this Contract by giving notice required in Section 18, in writing, to the other
party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect
without written confirmation, unless the City provides advance notice of the intention to not
renew. Prices shall remain firm for the first twenty-four month period of the Contract.
4. Changes
Any proposed change in this Contract shall be submitted to the other party for its prior written
approval. if approved, change will be made by a contract modification that will become effective
upon execution by the parties hereto. Any oral statement or representation changing any of
these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative
of City with regard to performance of the Services. Contractor shall not represent that it is, or
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 1
hold itself out as, an agent or representatiye of City. In no event shall Contractor be authorized
to enter into any agreement or undertaking for, or on, behalf of City.
6. Successors and Assigns
a. Neither the City, nor the Contractor, shall aoogn, transfer, or encumber any h8hta,
duties, or interests accring from this Contract without the prior written consent of the
other.
b. The Contractor for himself, and for his heimu, exmuuboro, adnVrietrmkorx, muom»uoors,
and aomQns, does hereby agree to the full performance of all the covenants bereiri
contained upon the part of the Contractor.
7. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the
property of the City and shall be surrendered to the City upon demand. All information
concerning the City and said project which is not otherwise a matter of public record or required
by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at
any time disclose that information without the express written consent of the City.
8. Inspection and Production of Records
c. The records relating to the Services shall, at all times, be subject to inspection by
and with the approval of the City, but the making of (or failure or delay in making)
such inspection or approval shall not relieve Contractor of responsibility for
performance of the Services in accordance with this Cnntnoct, notwithstanding the
City's knowledge of defective or non -complying perfnrmonue, its substantiality or the
ease of its diseovery. Contractor shall provide the City sufflcierit, safe, and proper
hyni||tiam, and/or send copies of the requested documents to the City. Contractor's
records relating to the Services will be provided to the City upon the City's request.
d. Contractor shall promptly furnish the City with such information and records which
are related to the Services of this Contract as may be requested by the City. Until
the expiration of six (6) years after final payment of the compensation payable under
this Contract, or for a longer period if required by law or by the Washington Secretary
of State's record retention schedule, Contractor shall retain and provide the City
access to (and the City shall have the right to exnm|ne, audit and copy) all of
Contractor's booko, duuumonto, papers and records which are related to the
Services performed by Contractor under this Contract.
e. All records relating to Contractor's services under this Contract must be made
available to the City, and the records relating to the Services are City of Yakima
records. They must be produced to third parUea, if required pursuant to the
Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records
relating to Contractor's services under this Contract must be retained by Contractor
for the minimum period of time required pursuant to the Washington Secretary of
State's records retention schedule.
Professional Services Agreement for
Homeless Outreach CoordinatoServices
f. The terms of this section shall survive any expiration or termination of this Contract.
9. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire,
and shall be the property of the City. The City shall own any and all data, documents, plans,
copyrights, specifications, working papers, and any other materials the Contractor produces in
connection with this Contract. On completion or termination of the Contract, the Contractor shall
deliver these materials to the City.
10. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a
period of one year following the date of completion and acceptance of the Services.
11. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance
with any and all applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor
shall procure and have all applicable and necessary permits, licenses and approvals of any
federal, state, and local government or governmental authority or this project, pay all charges
and fees, and give all notices necessary and Incidental to the due and lavrful execution of the
work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington department of Revenue state
excise tax registration number, as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification
(UBI) number Contractor must have a current UBI number and not be disqualified
from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security
Department number as required by Title 50 RCW,
e. Foreign (Non -Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a
proposal, it is specifically understood and agreed that any such corporation will
promptly take all necessary measures to become authorized to conduct business in
the City of Yakima, at their own expense, without regard to whether such corporation
is actually awarded the contract, and in the event that the award is made, prior to
conducting any business in the City.
12. Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as follows:
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 3
The Contractor shall not discriminate against any person on the grounds of race, ormed, color,
ndigion, national origin, sex, age, marital status, sexual oriantation, prngnanoy, veteran's status,
political affiliation or belief, or the presence of any manoory, mental or physical handicap in
violation of the Washington State Law Against Discrimination (RCW chapter 48.60) or the
Americans with Disabiiities Act (42 USC 12101 et seq.).
This provision shall include but not be limited to the following: omp|oymen1, upgnadinQ,
demoUon, tronsfer, recruitment, advertising, layoff or termination, rates of pay or other forrns of
compensation, selection for training, and the provision of Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this
contract or with any such rules, regu|aUono, or orders, this Contract may be cancelled,
bermineted, or suspended in whole or in part and the Contractor may be declared ineligible for
any future City contracts.
13. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or
applicants because they have inquired obout, diawunoed, or disclosed their own pay or the pay
of another enlployee or applicant. However, employees who have access to the compensation
information of other employees or applicants as a part of their essential job functions cannot
disclose the pay of other employees or applicants to individuals who do not otherwise have
access to compensation informmtion, unless the disclosure is (a) in response to a formal
complaint or charge, (b) in furtherance of an invmmdgaUon, pmoeodin0, hmadn0, or mntion,
including an investigation conducted by the amA|oymr, or (c) consistent with the contractor's
legal duty to fumish information.
14. Indemnification and Hold Harmless
a. Contractor shall take all riecessary precautlons in performing ttie Servicos to prevent
injury to persons or property. Contractor agrees to dehend, indemnify and hold
harmless the City, its elected and appointed officials, officers, employees, mttorneys,
ogentu, and volunteers from any and all claims, demands, losses, liens, |imbi|iUeu,
penalties, fines, |smvmuiho, and other proceedings and all judgments, awards, costs
and expenses (including reasonable costs and attorney fees) which result or arise
out of the sole negligent acts or omissions of Contnoctor, its oMloia|e, mffinmm,
employees or agents.
b. If any suit,judgment, action, claim or demand arises out of, or occurs in conjunction
with, the negligent acts and/oomissions of both the Contractor and the Gity, or their
elected or appointed officio|n, offiumrs, employees, oQonto, attorneys or volunteers,
pursuant to this Contract, each party shall be Iiable for its proportionate share of
negligence for any resulting suit, judgment, action, claim, demand, damages or costs
and expenses, including reasoriable attorneys' fees.
c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or
engineering work is done pursuant to this Contract, Contractor intends that its
indemnification, defense, and hold harniless obligations set forth above iri Section A
shall operate with full effect regardless of any provision to the contrary in Title 51
Professional Services Agreement for
Homeless Outreach Coordinator Services
RCW, Industrial Insurance Act. Aucordingly, to the extent necessary
to fully
obligations set forth above in section A, Contractor specifically waives any immunity
granted under Title 51 RCW, and specifically assumes all potential liability for actions
brought by employees of the Contractor against the City and its elected and
appointed officials, officers, employees, attorneys, agents, and volunteers. The
parties have mutually negotiated this waiver. Contractor shall similarly require that
its subcontractors, and anyone directly or indirectly employed or hired by Contractor,
and anyone for whose acts Contractor may be liable in connection with its
performance of this Agreement, shall comply with the terms of this paragraph, waive
any immunity granted under Title 51 RCW, and assume all potential liability for
actions brought by their respective employees. The provisions of this section shall
survive the expiration or termination of this Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a
Iiability or a right of indemnification iri any third party.
e. ThoLurmonfthismmntionohnUmun/iveanyexpiraUonorbanni'eUoncf this Contract.
15. Contractor's Liability Insurance
At all times during rfo of the Services
maintain In effect insurance to protect the City and Contractor from and against any and all
claims, damages, losses, and expenses arising out of or resulting from the performance of this
Contract. Contractor shall provide and maintain in force insurance in limits no less than that
stated below, as applicable. The City reserves the right to require higher limits should it deem it
necessary in the best interest of the public.
Contractor will provide a Certificate of lnsurariceach of
the policies and outlined herein. A copy of the adthtlonal insured endorsement attached to the
policy will be included with the certificate. This Certificate of insurance shall be provided to the
City, prior to commencement of work.
Failure of
City to demand such verification ofcoverage with these iorhyUunaofChyboiUanU�ade5�wncyfnom�einaunodocumentation provided ��l-----|not '---be
construed as a waiver of Contractor's obligation to maintain such insurance"
The foliowing insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully
with a certificate of insurance as proof of commercial liability insurance with a
minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,
combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) general aggregate. If Contractor carries higher coverage lirnits,
such limits shall be shown on the Certificate of insurance and Endorsements and the
City, its elected and appointed officials, employees, agents, attorneys and volunteers
shall be named as additional insureds for such higher limits. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when
Professional Services Agreement for
Homeless Outreach Coordinator Services
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy shall name the City of Yakima, its elected and
appointed offioia/o, mmp|oyoem, agmntu, attorneys and volunteers as additional
inourado, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving the City prior written notice. The insurance shall be with
an insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the State of Washington. The requirements contained henoin, as well as
City of Yakima's review or acceptance of insurance maintained by Contractor is not
intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this contract.
b. Automobile Liability mmurancm
Before this Contract is fully executed by the parties, Contractor shall provide the City
with a certificate of insurance as proof of automobile liability insurance with a
minimum liability limit of Two Million Dollars ($2.000.000.0O) per occurrence. If
Contractor carries higher coverage limits, such limits shall be shown on the
Certificate of Insurance and Endorsements and the City, its elected and appointed
officim|o, employmen, agents, attarneysand volunteers shall be named as additional
insureds for such higher limits. The certificate shall dearly state who the provider is,
the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract.
The policy shall name the City of Yakima, its elected and appointed offinim|a,
wmp|oyeeo, mgentu, attorneys and volunteers as additional inmunnda, and shall
contain a clause that the insurer will not cancel or change the insurance without first
giving the City prior written notice. The insurance shall be with an insurance
company or companies rated A'V|| or higher in Best's Guide and admitted in the
State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of Insurance maintained by Contractor is not intended to and
shall not in any manner limit or qualify the liabilities or obligations assumed by
Contractor under this contract. The business auto liability shall include Hired and
Non -Owned coverage if necessary.
c. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable
workers' compenmotion, occupational disease, and occupational health and safety
|evvm, ubatutam, and regulations to the full extent app|ivab|m, and shall maintain
Employer's Liability insurance with a limit of no less than s1.000.000.00. The City
shall not be held responsible in any way for claims filed by Contractor or its
employees for services performed under the terms of this Contract. Contractor
agrees to assume full liability for all claims arising from this Contract including claims
resulting from negligent acts of all subcontractor(s). Contractor is responsible to
ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to
comply with insurance requirements does not limit Contractor's liability or
d. Professional Liability
The Contractor shall provide evidence of Professional Liability insurance covering
professional errors and omissions. Contractor shall provide the City with aomrbficmbe
of insurance as proof of professional liability insurance with a minimum liability limit
Professional Services Agreement for
Homeless Outreach Coordinator Services
of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury
and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The
certificate shall clearly state who the provider is, the coverage emount, the policy
numher, and when the policy and provisions provided are in effect. The insurance
shall be with an insurance company or companies rated A -VU or higher in Best's
Guide. If the policy is written on a claims made basis the coverage will continue in
force for an additional two years after the completiori of this cantract. If insurance is
on a claims made form, its retroactive data, and that of all subsequent renewals,
shall be no later than the effective date ofthis Contraci
Contractor's insurance coverage shall be primary insurance with respect to those who are
Additional Insureds under this Contract. Any insunance, self-insurance or insurance pool
coverage maintained by the City shall be in excess of the Contractor's insurance and shall not
contribute to it.
If at any time during the Iife of the Contract, or any extension, Contractor fails to maintain the
required insurance in full force and effec, all work under the contract shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City
to terminate the Contract.
Should a court of competent jurisdictiodetermine that this Contract 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 Contractor and
the City, its ufUnorm, elected and appointed officials, mmp|uyeen, agento, attorneys and
volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's
negligence.
16. Severability
If any term or condition of this Contract or the application thereof to any person(s) or
circumstances is held inmdid, such invalidity shall not affect other temno, conditions or
applications which can be given effect without the invalid term condition or application. To this
end, the terrns and conditions of this Contract are declared severable.
17. Contract Documents
This Contract, the Request for Qualifications & Proposals No. 12001OP Scope of VVork,
nmnditiunm, mddmndo, and modifications and Contractor's proposal (to the extent consistent with
Yakima City documents) constitute the Contract Documents and are complementary. Specific
Federal and State laws and the terms of this ContrmmL, in that order respmctivm|y, supersede
other inconsistent provisions. These Contract Documents are on file in the Office of the
Purchasing K8anagmr, 129 North Second Stnaet, Yokimm, WA 08901. and are hereby
incorporated by reference into this Contract.
18. Termination
Termination for Cause: The City may terminate the Contracafter providing the Contractowith
thirty (30) caledar days writtenotice of the Contractor's right to cure a failure of the Contractor
to perform under the terms of this Contract.
Professional ServiceAgreement for
Homeless Outreach Coardinator Services
The Contractor may terminate the Contracafter providing the Ccalendar days'
notice of the Citys rightto cure a failuro of the City to perform under the ternis of the Contract.
Upon tContract expiration, each party
shall be reieased from all obligations to the other party arising after the date of termination or
expiration, except for those that by their terms survive such termination or expiration.
Termination for Convenience: Either partterminate the Contract at any time, without
cause, by providing a written notice; the City by providing at least thirty calendar days'
notice oethe Contractor, and the Contractor providing at least sixty (GU) calendardays' notice to
the City in advance of the intended date of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive
compensation for any fees owed under the Contract. The Contractor shall also be compensated
for partially completed services. In this evant, compensation for such partially completed
services l be no more than the percentage of completion of the services requested, at the
sole discretion of the City, multiplied by the corresponding payment for completion of such
services as set forth in the Contract. Alternatively, at the sole discretion of the City, the
Contractor may be compensated for the actual service hours provided. The City shall be entitled
to a refund for goods or services paid for but not received or implemented, such refund to be
paid within thirty (30) days of written notice to the Contractor requesting the refund.
Contract Canceilaeon: The City reserves the right to cancel the Contract in whole or in part
without penalty if the Contractor:
a. Breaches or defaults an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to
dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a
legally -imposed, 30 -day notice;
e. Makes an assignment for the benefit of creditors;
C Fails to follow the sales and use tax certification requirements of the State of
Washington;
g. Incurs a delinquent Washington tax liability;
A. Becomes aState orFederally debarred Contractor;
i.
Is excluded from federal procurement arid non -procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as
provided in the Contract;
k. Fails to nbaiconfidentiality the City infotion that is considered to be
Confidential Information, propnetary, or containing Personally Identifiable
Information;
I. Contractor performance threatens the health or safety of a City, County or municipml
employee; or
m. Change in Funding: If the funds upon which the City relied to establish this Contract
are withdoswn, reduoed, or limited, or if additional or modified conditions are placed
on such funding, the City may terminate this Contract by providing at least five
Professional Services Agreernent for
Homeless Outreach Coordinator Services
Page 8
business days written notice to the Contractor. The termination shall be effective on
the date specified in the notice of termination.
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 9
19. Dispute Resolution
In the event that any dispute shall arise as to the Interpretation of this agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the contract, and if
the parties hereto cannot mutually settle such diffenonoma, then the parties shall first pursue
mediation as a means to resolve the dispute. If the afore mentioned methods are either not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
Oounty, in accordance with the laws of Washinto If both parties consent in vvhdnQ, other
available means of dispute resolution may be implemented.
20. Re -Award
When the contracis terminated by the Contractor upon providing the written notice as herein
required, the City, pursuant to City onbnanne, may re -award the contract to the next most
responsible Proposer.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the
montroct, or when the contract is terminated by the City for cause as herein provided, the City
reserves the right to re -award the contract to the next most responsible Proposer.
21. Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without a
written amendment,signed by the City Manager,or pursuant to Section 58 below entitled
or Notice". Any violation of this procedure by the Contractor will be considered cause
for immediate cancellation of the Contract for cause by the City.
22. Contractor Shall Furnish
Except as otherwise
all as the same may he required to perform the services described in accordance with this
Contract: personnel, labor and supervision; and technical, professional and other services. All
such services, property and other items furnished or required to be furnished, together with all
other obligations performed or required to be performed, by Contractor under this Contract are
sometime collectively referred to in this Contract as the "(Services)."
23. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by
one and not mentioned in another shall be performed to the same extent as though required by
aH. Details of the services that are not necessary to carry out the intent of this Contract, but that
are not expressly requimd, shall be performed or furnished by Contractor as part of the
services, without any increase in the compensation otherwise payable under this Contract.
24. Invoices
The City will use its best efforts to pay each of Contractors invoices within thirty (30) days after
the City's receipt and verification thereof; providmd, howevmr, that all such payments are
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 10
expressly conditioned upon Contractor providing services hereunder that are satisfactory to the
City. The City will notify the Contractor promptly if any probiems are noted with the invoice. To
insure prompt paymmnt, each invoice should cite purchase order number, RR]P numbmr,
detailed description of work, unit and total price, discount term and include the Contractor's
name and return remittance address.
Contractor will mail invoices to the City at the following address:
City of Yakima Public Works
Attn: Scott SchaferDirector of Public Works
2301 Fmitva|aBlm].
Yakima, WA 98902
25. Credit Card Acceptance
The Cityin its sole discretion, will determine the rrethod of paymentfor goods and/or services
as part of this agreement. The City's preferred method of payment is by procurement (credit)
card. Proposers may be required to have the capability of accepting the City's authorized
procurement card as a method of payment. No price changes or additional fee(s) may be
assessed when accepting the procurement card as a form of payment.
26. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of
contact with regard to all contractual matters arising hanoundor, including the performance of
services and the payment of any and all charges resulting from its contractual obligations.
27. Delegation of Professional Services
The services provided for herein shall be performed by Contractorand no person other than
regular associates or employees of Contractor shall be engaged on such work or services.
Contractor shall not (by oonhoct, operation of law or otherwise) delegate or subcontract
performance of any services to any other person or entity without the prior written consent of the
City. Any such delegation or subcontracting without the City's prior written consent shall be
voidable at the City's option.
No delegation of subcontracting of performance of any of the services, with or without the City's
prior written conomnd, shall relieve Contractor of its responsibility to perform the services in
accordance with this Contract. Contractor shall be fully responsible for the perfonnmnme, acts
and omissions of Contractor's empioyees, Contractor's uubuontoyctoro, and any other person
who performs or furnishes any services (coilectively, the Support').
Contractor shall at all times be an independent contractor and not an agent or representative of
the City with regard to performance of the services. Contractor shaii not represent that it is, nor
hold itself out as, an agent or representative of the City. In no event shall Contractor be
authorized to enter into any agreement or undertaking for or on behalf of the City. Neither the
Contractor rior any empioyee of the Contractor is erititled to any benefits that the City provides
its employees. The Contractor is solely responsible for payment of any statutory workers
compensation or employer's liability insurance as required by state law. The Contractor will
Professionai Services Agreement for
Homeless Outreath Coordinator Services
have an active account with the Department af Revenue, other stateagencies as needed, and a
separate set of books or records that reflect all items of income and expenses of the business
that the Contractor is conducting.
Contractor shall perform the services in a timely manner and in accordance with the standards
of the profession. At the time of performance, Contractor shaU be properly Iicensed, equipped,
organized, and financed to perfarm the services in accordance with this Contract. Subject to
compliance with the requirements of this Cmntroot. Contractor shall perform the services in
accordance with its own methods.
28. Licenses
If applicable, Contractor shall have a valid and current business license per Chapter 5.02
Section 502.010 of the Yakima Municipal Code covering this type of business and shall satisfy
all applicable City Code provisions. Said license shall be obtained prior to the award of any
contract. Inquiries as to fees, etc., should be made to the Office of Code Administration,
telephone (509)575'G121.
|n addition, Contractors are required to be registered by the State per C2the
Revised Code of Washington and their registration number must be listed on the bid/RFP/quote.
Contractor shall take all reasonable precautions to protec|md any bodily injury (including
death) or property damage that may occur in connection with the services.
29. Removal of Subcontractor
If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The
Contractor shall comply with this request at once and shall not employ the subcontractor for any
further worklservlces under this Contract.
30. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax. FICA, social security tax, assessments for
unemployment and industrial injury |nmunance, and other deductions from income which may be
required by law or assessed against either party as a result of this Contract. In the event the
City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same
before it becomes due.
The City and its agencies are exempt from payment of all federal excise taxes and, but not
sales tax (currently at 8.2%). Tax will not be considered in deterniining which proposal is the
lowest or best, however RCW 39.30.040 allows the City to take any sales tax and B&O tax that
is will receive from purchasing supplies, materials and equipment within its boundaries into
consideration when determining the lowest responsible Proposer.
31. Contractor Tax Dellnquency
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 12
Contractors who have a delinquent Washington tax liability may have their payments offseby
the State of Washington.
32. Inspection: Examination of Records
The Contractor agrees to furnish the City with reasonable periodic reports and documents as it
may requesand in such form as the City requires pertaining to the work or services undertaken
pursuant to this Agreement. The costs and obligations incurred or to be iricurred in connection
therewith, and any other niatter are to be covered by this Agreement.
The records relating to the services shall, at all times, be subject to inspection by and with the
approval of the City, but the making of (or failure or delay in making) such inspection or approval
shall not relieve Contractor of responsibikty for performance of the services in accordance with
this Contract, notwithstanding the City's knowledge of defective or non -complying pmrfurmunum,
its substantiality or the ease of its discovery. Contractor shall provide the City nuffiuiant, safe,
and proper facilities and equipment for such inspection and free access to such facilities.
33. Recordkempingmnd Record Retention
The Contractor shall estblish and maintinmdmqumterwoordanfaUexp*nddurmninounedundmr
the contract. All records must be kept in accordance with generally accepted accounting
procedures. All procedures must be in accordance with federal, state and local ordinances.
The City shall have the right to audit, review, examine, copyand transcribe any pertinent
records or documents relating to any contract resulting from this proposal held by the
Contractor. The Contractor will retain all documents applicable to the contract for a period of
not Iess than three (3) years after final payment is made.
34. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidonda|. Proprietary or Personally Identifiable Information of City
for any purpose other than the limited purposes set forth in this Conbact, and all related and
necessary actions taken in fulfillment of the obligations there under. Contractor shall hold all
Confidential Information in confidwnce, and shall not disclose such Confidential Information to
any persons other than those dirmctorn, nfMuam, omployeeu, and agents ("Representatives")
who have a business-related need to have access to such Confidential Information in
furtherance of the limited purposes of this Contract and who have been apprised of, and agree
to maintain, the confidential nature of such information in accordance with the terms of this
Contract.
Contractor shall institute and maintain such security procedures as are commercially reasonable
to maintain the confidentiality of the Confidential Information while in its possession or control
including transportation, whether physically or electronically.
Contractor shall ensure that all indications of confidentiality contained on or included in any item
of Confidential Information shall be reproduced by Contractor on any reproduction, modification,
or translation of such Confidential Information. If requested by the City in vvriting. Contractor
shall make a reasonable effort to add a proprietary notice or indication of confidentiality to any
Professional ServiceAgreement for
Homeless Outreach Coordinator Services
Page 13
tangible materials within dm possession that contain Confidential Information of the City, as
directed.
Contractor shall maintain all Confidential Information as confidential for a period of three (3)
years from the date of termination of this Cuntuaot, and shall retum or destroy said Confidential
Information as directed by the City in writing.
Contractor may disclose Confidential Information in connection with a judicial or administrative
proceeding to the extent such disclosure is required under law or a court order, provided that
the City shall be given prompt written notice of such proceeding if giving such notice is legally
permissible.
35. Price Increases
If requested by the Contractor in writing thirty (30) days before the anniversary date of each
year of the contract, the City will consider increasing the Contractor's rates per the Seattle -
Tacoma -Bremerton Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -
W) for the previous twelve months. The City, in its sole diannmtion, will decide whether to
approve or deny the rate increase request or any part thereof within 30 days of receipt of the
request. If approved, increase shall take effect 30 days after approval.
Price increases for any other justifiable reason will be considered on a case-by-case basis.
Price increase requests will not be considered or granted until any outstanding required financial
reports have been submitted to the City.
The rates and discounts shown on proposal shall be consistently applied and remain firm
throughout the first twelve months of the contract. If requested by the Contractor, thirty (30)
days before the anniversary date of the contract, labor rates may be adjusted per the West C.
Urban Wage Earners and Clerical Workers Consumer Price Index 50.000 to 330.000
populations for the next year's contract term, if the City agrees to the request. No discount
adjustments will be allowed.
36. Suspension of Work
The City may suspend, in writing by certified mail, all or a portion of the Service under this
Agreement if unforeseen circumstances beyond the City's control are interfering with normal
progress of the Service. The Contractor may ouupend, in writing by certified nnmi|, all or a
portion of the Service under this Agreement if unforeseen circumstances beyond Contranbor'o
control are interfering with normal progress of the Service. The Contractor may suspend
Service on the Project in the event the City does not pay invoices when due, except where
otherwise provided by this Agreement. The time for completion of the Service shall be extended
by the number of days the Service is suspended. If the period of suspension exceeds ninety
(90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted
the option to terminate the Service on the suspended portion of Project in accordance with
Section 18.
37. Provision of Services
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 14
The Contractor shall provide the services set forth herein with all due skill, care, and dUigence,
in accordance with accepted industry proo|oea, standards and legal n*quinementn, and to the
City 'a satisfaction; the CIty decision ir that regard shall be final and conclusive. The City may
inspect, observe and examine the performance of the services performed on the City premises
at any time. The City may inspect, observe and examine the performance of Contractor's
services at reasonable times, without notice, at any other premises.
a. |fthe City noUfimmthe Contractor that any part ufthe services rendered are inadequate or
in any way differ from the Contract requirements for any reason, other than as a result of
the City's default or negligence, the Contractor shall, at its own expense, reschedule and
perform the services correctly within such reasonable time as the City specifies. This
remedy shall be in addition to any other rarnadinm available to the City by law or in
equity.
b. The Contractor shall be solely responsible for controlling the manner and means by
which it and its Contracted Personnel or its subcontractors perform the services, and the
Contractor shall observe, abide by, and perform all of its obligations In accordance with
all legal requirements and City work rules.
38. Assignment
This Contract, or any interesherein, or claim hereunder, shall not be assigned or transferred in
whole or in part by Contractor to any other ntity without the priorwrittm nt of
the City. In the event that such priorwhttan consent to an assignment is granhed, then the
assignee shall assume all duties, obligations, and liabilities of Contractor stated herein.
39. No Contlict of Interest
Contractor represents that it or its employees do not have any interest and shall not hereafter
acquire any inhermm, direct or indinect, which would conflict in ',any manner or degree with the
performance of this Contract. Contractor further covenants that it will not hire anyone or any
entity having such a conflict of interest during the performance of this Contract.
40. Material Safety Data Sheet
If any item(s) on an from this hazardous ohmmicm, as defined
under 29CFR 1910.1200. provide one (1) copy of a Material Safety Data Sheet for each item
with the shipped container(s) and one (1) copy with the invoice(s).
41. Contract Preservation
If any provision of the Agreement, or the application of such pnzvaion, shall be rendered or
declared invalid by a court of competent juhndiuUon, or by reason of its requiring any stepm,
actions or results, the remaining paris or portions of this Agreement shall remain in full force and
effect.
42. Prmmmkixna|Advmrtis|ng/Nmws Releases
Professional Services Agreement for
Homeloss Outreach Coordinator Services
Page 15
Reference to or use of the City, any of its departments, agencies or other subunits, or any
official or employee for commercial promotion is prohibited. News releases pertaining to this
procurement shall not be made without prior approval of the City. Release of broadcast e-mails
pertaining to this procurement shall not be made without prior written authorization of the
contracting agency.
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 16
43. Time is of the Essence
Timely provision of the services required under this Contract shall be of the essence of the
Conbact, including the provision of the services within the time agreed or on a date specified
herein,
44. Expansion Clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include
any other item normally offered by the Contractor, as long as the price of such additional
products iobased onthe same cost/profit formula authe listed item/service. At any tiriie during
the term of this contract, other City departments may be added to this oontroot, if both parties
agree.
45. Patent Infringement
The contractor selling to the City the articles described herein guarantees the articles were
manufactured or produced in accordance with applicable federal labor laws. Further, that the
sale or use of the articles described herein will not infringe any United States patent. The
contractor covenants that it will at its own expense defend every suit which shall be brought
against the City (provided that such contractor is promptly notified of such suit, and all papers
therein are delivered to it) for any alleged infringement of any patent by reason of the sale or
use of such adiu|wn, and agrees that it will pay all uootm, damoges, and profits recoverable in
any such suit.
46. Ownership
All material produced as a result of this Contract shall be the exclusive property of the City.
Additionally, the City shall have unrestricted authority to napmduce, disbibuka, and use any
submitted report, bomplote, data, or material, and any associated documentation that is
designed or developed and delivered to the Agency as part of the performance of the Contract.
47. Safety Requirements
All materials, equipment, and supplies provided to the City must comply fully with all safety
requirements, fedara, state and local laws, ordinmnc*s, rules, regulations as set forth by the
State of Washington RCW's, WAC's and all applicable OSHA Standards.
48. Warranty
Unless otherwise specifically stated by the Proposer, Contractor warrants thaall goods and
services furnished under this contract are warranted against defects by the Proposer for one (1)
year from date of neouipt, are new, conform strictly to the specifications hannin, are
meruhontab|e, good wmrkmmnmhip, free from dafeci, are fit for the intended purpose of which
such goods and services are ordinarily employed and if a particular purpose is stated in a
Special CondiUon, the goods are then warranted as for that particular purpose. Contractor
further warrants that no violation of any f*danu|, state or local law, statute, rule, nugu|mtion,
ordinance or order will result from the mmnufactunar, producUon, sale, ahipmant, installation or
Professional Services Agreernent for
Homeless Outreach Coordinator Services
Page 17
use of any other goodsContractor's warranties (and any more favorable warranties, service
poUcieu, or similar undertaking of Contractor) shall survive deJkery, inupection, and acceptance
of the goods or services.
49. Access and Review of Contractor's Facilities
The City may visit arid view any of the offices,premises, facilities and vehicles of the Contractor
and/or Contractor's Subcontractor upon request and reasonable notice during the term of the
Contract and Contract renewalsiextensions.
50. Notice of Change In Financial Condition
lf, during the Contract Term, the Contractor experiences a change in its financial condition that
may affect its ability to perform under the Contract, or experiences a change of ownership or
control, the Contractor shall immediately notify the City in writing. Failure to notify the City of
such a change in financial condition or change of ownership or control shall be sufficient
grounds for Contract termination.
51. Facility Security
The City may prohibit entry to any secure facility, or remove from the facility, a Contract
employee who does not perform his/her duties in a professional manner, or who violates the
secure facility's security rules and procedures. The City reserves the right to search any
person, property, or article entering its facilrties.
52. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or
condition of this Contract shall noimpair the right of the party not in default to avail itselr of any
subsequent breach thereof. Lenknnoy, delay or failure of either party to insist upon strict
performance of any mQnoament, covenant or condition of this Contnoot, or to exercise any right
herein given in any one or more instances, shall not be construed as a waiver or relinquishment
of any such agreement, covenant, condition or right.
53. Integration
This Contract, along with the City ofYmWmm's RFQ 11838Q and the Contractor's response to
the Request for Qualifications ("RFC")' represents the entire understanding of the City and
Contractor as to those matters contained herein. No prior oral or written understanding shall be
of any force or effect with respect to those matters covered herein. This Contract may not be
modifled or altered except in writing signed by both parties.
54. Force Majeure
Contractor will not be responsible for delays in delivery due toacts of God, fire, strikoo,
epidemics, war, riot, delin transportation transport shortages, provided Contractor
notifies tI'ie City immediately in writing of such pending or actual delay. Normally, in the event or
any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the
time lost due to the reason for delay.
Professional ServiceAgreement for
Homeless Outreach Coordinator Services
Page 18
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 19
55. Goveming Law
This Contract shall be governed by and construed in accordance with the laws of the State of
Washington.
56. Venue
The venue for any judicial action to enforce or interpret this Contract shall be in a court of
competentjurisdiction in Yakima County, Washington.
57. Authority
The persoexecuting this Contracon behaof Contracr, represents and warrants that he/she
has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind
Contractor to all the terms, performances and provisions of this Contract.
58. Change or Notice
Any alterations made to the Contract shall be rendered in writing and signed by both
responsible parties; no changes without such signed documentation shall be valid. No
alterations outside of the general scope and intent of the original Request for Proposals or in
excess of altowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not
authorized herein ar any properly executed amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three (3) business
days of any change in ownership of the facilities of the Contractor or of the facilities of any
subcontractor. The Contractor shall notify the City in writing as soon as p000ib|m, and in no
event later than three (3) business days, after any decision by the Contractor to change or
discontinue service that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the
extent required to accommodate a change ii law policy that, in thsole discretion
of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or
renders performance, enforcement or compliance with the totality of the Contract impossible,
patently unreasonable, or unnecessary. Notices and demands under and related to this
Contract shall be in writing and sent to the parties at their addresses as follows:
TO CITY:
Scott Schafer
Director of Public Works
City of Yakima
2301 Fmitvo|oB|vd
Blvd.
Yakima WA, 98902
AND ALSO TO:
Maria Mayhue
Acting Purchasing Manager
City nfYakima
i2&North 2nd street
Yakima, WA 98901
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 20
TO CONTRACTOR:
David Hanson
Executive Directo
Sunrise Outreach
221 E. Martin Luther King Jr.
Yakima, WA 98901
59. Survival
The foregoing sections of this Contract, 2-58 inclusive, shall survive the expiration or termination
of this Contract in accordance with their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first
above written.
CITY OF YAKIMA
Alex M
Date:
Attest:
echo Interi
RISE OUTREACH
David Hart on, Executive blrector
D 0:
(Print Name)
Sonylie a
CITY CONTRACT NO: ,21j0 05 dit
RESOLUTION NO4 A
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 21
Deliverabies and Reporting
Exhibit A
Statement of Work
The homeless outreach Coordinator, hereafter referred to as the Coordinator, will provide
outnxnohomm|oamto|nd|WduaJuoupehmncinghome|emmnemumndhami|ieuinnon-traditional
mobile and fixed settings, including those who are living in places not meant for human
habitation such as cars, parks, encampments, and abandoned buildings located within the City
of Yakima. The outreach efforts will include transportation by individuals in vehicles and on foot.
Outreach services will be provided to 50-55 individuals per month or 600-660 per year.
The Coordinator will be a professional, skilled outreach worker(s) as described in the City of
Yakima's RFQP 118290 which is incorporated by reference at paragraph 53ofthis
Agreement. Multiple Coordinators will form partnerships in order to maximize service
effectiveness and avoid dupllcatior, of services. At a minimum, the Coordlnator(s) performing
the work will meet the criteria described in the RFPQ which are best evidence -based practices
for homeless outreach progranis.
Eligible clientmust be individuals experiencing homelessness and unsheltered (i.e. living
outside or iri a place not meant for human habitation). Service Ievelsng on the
time of year. Clients will be identified through mobile outreach efforts by outreach staff.
Referrals for service are also anticlpateci.
The Coordinator wilincorporate the following components and services into their program:
• Implement ocomprehensive canvassing strategy conducted at times and in locations
sufficientto identify unsheltered individuals experiencing homelessness throughout
Yakima. The strategy h u|d be desied to engage populationsthat may bah rd to
find and to identify locations where unsheltered people are likely to be found (i.e. well-
knownenoompmantaremm;tmci|itieowithframmccaaotobathnoomm;mneamwithpnotamion
from the elements; transit centers; and places where people can access food and other
basic necessities).
• Provide outreach services to unsheltered individalomo and
families including those who are living in places not meant for human habitation such as
cars, parks, enommpmenbn, and abandoned buildings. The outreach efforts will be
acconiplished by vehicle and on foot. Outreach services will include:
o Establishing contact and engaging initially with the client.
o Conducting a preliminary service needs assessment with an emphasis on
identifying housing needs.
o Linking clients to housing resources by reterring them to the Community Housing
Network coordinated entry system.
o Referring clients and facilitating linkages to mainstream support services (i.e.
DSHS.Veterans Services, medical and mental health services, substance abuse
troatment, employment training, etc.).
o Assisting clients in identifying and applying for benefits under mainstream health
and social service prograrns as appropriate (SSI,TANF, Medicaid, Veterans
beneOtu, unemployment benefits, yNmdinmre, food ntampn, etc.).
Professional Services Agreement for
Homeless Outreach Coordinator Services
Page 22
• Develop ancl conduct a community outreach campaign that will make indivicluals
experiericing homelessness, service providers, and other community organizations
aware ofthe program. The community outreach campaign rnay include fliers,
presentations, and extensive networking with law enforcement, the business community,
school districts, social service providers, faith -based organizations, and other community
organizations. All printed outreach materials will be available In English and Spanish.
• Serve as a rnobile coordinated entry site for the Community Housing Netwo. Duties will
include encouragirg outreach clients to participatin coordinated entry, conducting
coordinated entry assessments in the field, and entering client data into the coordinated
entry program in the Homeless Management Information System (HMIS).
Establish conimunity collaborations and partnerships (both formaland informal).
Collaborate witCity of Yakima — Clean CCollaboration ll include attending
weekly meetings with Clean City Project staff and providing support during homeless outreach
emphasis efforts. The Coordinator will be listed on City mcdia announcements and homeless
outreach pamphlets.
Performance Targets
The following performance targets will be tracked and apply to this agreement:
• 50% of clients encountered agree to work with outreach staff toward housing placement
within six monts of the first encounter
• 50% of engaged clients move into a positive outcome destination such as an emergency
shelter, transitional housing program, substance abuse treatment center, or permanent
housing situation.
• Reduction in PIT Survey counts of individuals experiencing homelessness within City of
Yakima.
Invoice Reporting
Coordinator will be paid consistent with the Agreement. The monthly invoice will include a
performance report that will be shared with the City Council. The performance report shall
include the following monthly information:
Number af Client Contacts and the location of contact described as follows:
Downtown (includes S. Nachos), Greenway, Yakima River, North First, Hospital, Jail or other.
Number of new clients and repeat clients.
Number of clients who have accepted services.
Number ef clients who have been transitioned into housing.
Number of clients who are ready to be transitioned but no housing is available.
Ayeedy,mportohoUbede|ivmnmd.ondifomqumstmd.preumnbodhotheCityCounci|. The yearly
report should include a yearly compilation of the numbers described above along with a
description of cornmunity partners.
Professional Services Agreement for
Homelass Outreach Coordinator Services
of Yakima Clean ~���
City -_��� _ _-� -��~~-~�Request for Qualifications & Proposals (RFQP)No. 12001QP for a Homeless Outreach Coordinator
Section 1: Proposal Background
Introduction
The City is seeking proposals for a homeless outreach Coordinator.
Homeless outreach and engagement programs are a key strategy for addressing chronic homelessness.
Coordinated outreach allows communities to bring services directly to people experiencing homelessness
who otherwise might not seek out services and to then connect them to permanent housing and
necessary supports.
m Description
The homeless outreach Coordinator, hereafter referred to as the Coordinator, will provide outreach
services to individuals experiencing homelessness and families in non-traditional mobile and fixed
settings, including those who are living in places not meant for human habitation such as cars, parks,
encampments, and abandoned buildings. The outreach efforts will include transportation by individuals
in vehicles and on foot.
The goal of the Coordinator is to utilize a professional, skilled outreach worker(s) to identify and reach
out to chronically homeless individuals within the City of Yakima in order to:
• Engage with individuals experiencing homelessness and persuade them to come off the streets to
seek shelter and services.
Coordinate placement in emergency shelter, transitional housing, or permanent housing.
• Refer and link participants to appropriate community services based on client need (i.e. medical
services, mental health and substance abuse treatment services, employment assistance, etc.).
�
Assist clients in identifying and applying for benefits under mainstream health and social service
programs as appropriate (SSI, TANF, Medicaid, Veterans benefits, unemployment benefits,
Medicare, food stamps, etc).
Section 2:Components
Program
Target ClienPopulation
Eligible clients must be individuals experiencing homelessness and unsheltered (i.e. living outside or in a
place not meant for human habitation). Service levels may vary depending on the time of year. Clients
will be identified through mobile outreach efforts by outreach staff. Referrals for service are also
anticipated.
12001QP Homeless Outreach Coordinator Page 1 of 23
In order to meet the client demand, outreach services may be provided by multiple Coordinators in
Yakima. However, if multiple Coordinators are selected, it is expected that these providers will form
partnerships in order to maximize service effectiveness and avoid duplication of services.
m Elements
At a minimum, the Coordinator will meet the following criteria which are based on best evidence -based
practices for homeless outreach programs:
• Adherence .mo|Housing JFirst princijles The focus of outreach should be on connecting individuals
experiencing homelessness with permanent housing as quickly as possible which then provides a
platform for addressing health issues, pursuing employment, and attending to other needs. The
outreach should focus on more than just supporting daily basic needs (i.e. distributing food or
toiletries). Rather it should provide referrals and connections to long-term housing stability.
• Collaborationvithnon-traditional partners: The proposed programshou|d reach outto
non-
traditional partners such as law enforcement, jails, prisons, hospitals, mental health providers,
on'1radidona|par1nerssuchas|avvenforcemnent'ai|s,phsons,hospita|s,mento|hea|thprovidens,
and substance abuse treatment professionals to identify and target chronically homeless
individuals.
• Begular, systematic documentation of outreach efforts with an emphasis on concrete,
measurable results: Data collection should focus on how the outreach impacts clients rather than
simply the number of client contacts made.
Expectation of the need for repeated client contacts: For some chronically homeless individuals,
multiple contacts over an extended period of time will be needed for engagement to be
successful.
• Highly trained outreach staff with the capacity to:
o Serve individuals with disabilities, mental health issues, substance abuse issues, and other
complex medical issues.
o Make referrals to an external team of diverse professionals by leveraging existing expertise
and networks in the community.
o Actively employ evidence -based practices for client engagement such as trauma -informed
care and motivational interviewing.
In addition to meeting the criteria abovethe Coordinator will incorporate the following components and
services into their program design:
• Develop and implement a comprehensive canvassing strategy conducted at times and in locations
sufficient to identify unsheltered individuals experiencing homelessness throughout Yakima. The
strategy should be designed to engage populations that may be hard to find and to identify
locations where unsheltered people are likely to be found (i.e. well-known encampment areas;
facilities with free access to bathrooms; areas with protection from the elements; transit centers;
and places where people can access food and other basic necessities).
�
Provide outreach services to unsheltered individuals experiencing homelessness and families
including those who are living in places not meant for human habitation such as cars, parks,
120010P Homeless Outreach Coordinator Page 2 of 23
encampments, and abandoned buildings. The outreach efforts will be accomplished by vehicle
and on foot. Outreach services will include:
o Establishing contact and engaging initially with the client.
o Conducting a preliminary service needs assessment with an emphasis on identifying
housing needs.
o Linking clients to housing resources by referring them to the Community Housing Network
coordinated entry system.
o Referring clients and facilitating linkages to mainstream support services (i.e. DSHS,
Veterans Services, medical and mental health services, substance abuse treatment,
employment training, etc.).
o Assisting clients in identifying and applying for benefits under mainstream health and
social service programs as appropriate (55I, TANF, Medicaid, Veterans benefits,
unemployment benefits, Medicare, food stamps, etc.).
Develop and conduct a community outreach campain that will make individuals experiencing
homelessness, service providers, and other community organizations aware of the program. The
community outreach campaign may include fliers, presentations, and extensive networking with
law enforcement, the business community, school districts, social service providers, faith -based
organizations, and other community organizations. All printed outreach materials will be available
in English and Spanish.
Serve as a mobile coordinated entry site for the Community Housing Network. Duties will include
encouraging outreach clients to participate in coordinated entry, conducting coordinated entry
assessments in the field, and entering client data into the coordinated entry program in the
Homeless Management Information System (HMIS).
Scope of Work
Approximately $60,000 is available for staffing and other project costs per year for a two-year period
beginning on April 1, 2020.
It is anticipatethat the program will serve approximately 50 55 individuals per month. Most program
participants will be chronically homeless and will face significant barriers to accessing permanent housing
such as physical or mental disabilities or health issues; zero or minimal income; criminal history; poor
credit; or a negative tenancy history.
The description in the Program Elements section above outlines the key program components and
services the selected applicant will provide. Applicants may suggest modifications and/or additions that
will in their estimation make the program more feasible or effective. In addition, applicants should
indicate if they will be able to provide all of the program components to the quantity of clients listed
above. If not, applicants should describe what level of service they will be able to provide while also
maintaining the highest level of program quality.
Partnerships and Collaborations
The establishment of community collaborations and partnerships (both formal and informal) are a critical
and required component of the program. Applicants are encouraged to plan creatively to utilize existing
community resources to provide program services. Applicants must be able to demonstrate collaborative
partnerships with existing servicesboth internal to their own organization and within the broader
community to best maximize the use of existing resources, avoid duplication of services, and expand
options for those served. In particular, partnerships to identify clients who are experiencing
homelessness and to increase access to health and disability services, trauma support, mental health
services, and substance abuse treatment are often necessary to support this population. Additional
partnerships to assist with meeting basic client needs (i.e. government benefit applications, food support,
transportation, clothing and toiletries) are also encouraged.
The Coordinator will also collaborate with City of Yakima — Clean City Project staff. Collaboration will
include attending weekly meetings with Clean City Project staff and provide support during homeless
outreach emphasis efforts. The Coordinator will be Iisted on City media announcements and homeless
outreach pamphlets.
Performance Metrics
The selected Applicant will develop a program evaluation plan that, at a minimum, includes the following
performance targets:
• 50% of clients encountered agree to work with outreach staff toward housing placement within
six months of the first encounter.
50% of eclients move into a positive outcome destination such as an emergency shelter,
transitional housing program, substance abuse treatment center, or permanent housing situation.
Reduction in PIT Survey counts of individuals experiencing homelessness within City of Yakima.
Additional performance targets and metrics may be considered.
Funding & Eligible Activities
Funding may be allocated between the following categories: Staif salaries, program operations, direct
client assistance (i.e. bus tokens, food, toiletries), and administration consistent with the proposed
budget.
Section 3:Preferred Qualifications - -
Successful Applicants will preferably demonstrate experience/knowledge of the following areas:
1. Providing outreach and engagement services to the target population with an emphasis on
reducing barriers to securing and retaining permanent housing.
2. Demonstrated capacity to serve individuals with medical conditions, developmental/physical
disabilities, behavioral health issues, or substance abuse issues and to make referrals to a diverse
team of medical professionals in the community.
D. Demonstrated partnerships with providers of mainstream resources, services, and benefits.
12001QP Homeless Outreach Coordinator Page 4 of 23
4. Accounting for public/grant funds and complying with federal, stateand Iocal funding
requirements.
S. Familiarity with the Washington State Homeless Management lnformation System /HM|S\^
G. Familiarity with the Yakima Community Housing Network coordinated entry system.
Program Staffing
• Applicants should propose a staffing structure/level that best meets the requirements of the
proposal.
• All program staff should be trained in Housing First principles. Outreach staff should be trained in
and actively employ evidence -based practices for client engagement such as trauma -informed
care and motivational interviewing.
SectionProposal Questions
Please provide a proposal narrative in response to the questions contained in this section. All questions
must be answered for a proposal to be considered complete. Incomplete proposals will not be
considered.
Proposal narraivesnoustheor@anizedandform/attedusfo|lovvs:
• Please respond to the questions in this section from a (as opposed to
an agency -wide perspective).
• Responses to questions must be organized in the same order as the questions are listed below.
Please use each question below as a header within your narrative and provide your responses
in a paragraph format below each header.
• Responses should be concise and specific and should be Iimited to the questions Iisted below.
• Submittal should not exceed twenty pages.
Project Overview and Target Population:
1. Provide a general description of your program, a description of the target population, and time
Iimits on services (if any).
2. Total funds requested
3. Describe how many people will be served each year.
4. What days of the week and hours of the day does your agency provide street outreach? Does this
cover weekend and/or evening hours?
S. What geographic areas does your project cover, and is this through a regular route or sporadic
visits?
6. How do you plan to provide services to the outlying, less populated regions of the City of Yakima?
7. What supportive services are offered and how frequently are they offered?
Commitment to Housing First & Low -Barrier Principles:
Note: In addition, to the questions below, please complete a Housing First & Low -Barrier Assessment
Checklist form and include it as an attachment to your narrative.
1. What criteria must participants meet before receiving services?
2. What would cause your agency to deny someone access to the services of this program?
3. Why would someone who is experiencing homelessness want to participate in your program?
4. Describe how your program establishes meaningful relationships with people living unsheltered
who may not want to engage in services?
Program Staffing & Commitment to Housing -Focused Services:
1. Describe the staffing structure for the program:
a. List each program staff position including job title and FTE or PT status.
2. What is the ratio of direct -service staff to participants and how does that ratio support program
outcomes?
3. What responsibilities and/or tasks do program staff have when partnering with participants on
resolving their housing crisis quickly and in a participant -centered way?
4. What qualifications are most important to your agency when hiring direct service staff? How do
these qualifications prepare staff to serve your program's participants?
Program Partnerships:
1. There are a number of homeless outreach teams operating in Yakima County. Describe how your
program's outreach staff will work with other outreach providers to ensure the most effective and
efficient delivery of regional services.
2. Identify and describe other types of partnerships or collaborations that would be leveraged to
support the program. Identify the partner organizations and describe the specific services they
would provide. Outline if you already have formal partnerships in place, or if not, describe how
you would approach building and maintaining partnerships. If applicable, include copies of
partnerships agreements, letters of intent to partner, or memorandums of understanding.
Program Performance Evaluation:
1. Describe how you plan to collect, track, measure, and evaluate performance outcomes.
12001QP Homeless Outreach Coordinator Page 6 of 23
2. How does your program ask for and incorporate participant feedback about services into your
program design and polices/procedures? Please provide specific examples.
Budgeting:
Note: In addition, to the questions belowplease complete a Proposed Program Budget and include it as
an attachment to your narrative. Please include Scope of Work and budget per task.
Section 5: rInformation
��
Contract:
The successful Applicant(s) will be offered the opportunity to enter into a Professional Services
Agreement (see ATTACHMENT A) with the City to provide services.
The Sample Contract provided with this RFQP represents the terms and conditions which the City expects
to execute in a contract with the successful Applicant. Applicants must accept or submit point -by -point
exceptions along with proposed alternative or additional language for each point. The City may or may not
consider any of the Applicant's suggested revisions. Any changes or amendment to any of the Contract
Terms and Conditions will occur only if the change is in the best interest of the City.
Retention of Rights:
The City retains the right to accept or rject any or all responses if deemed to be in its best interests.
Costs for developing responses:
All costs for developing proposals in response to this RFQP are the obligation of the Contractor and are not
chargeable to the City of Yakima. All responses and accompanying material will become the property of
the City and will not be returned.
Tentative Schedule:
Schedule can be changed at any time by the City.
Preliminary RFQSchedule
Request for Qualifications Released: January 24, 2020
Qualification Packets Due — Close date: February 14, I020
Award Date: By March 17, 2020
Contract Start Date: April, 2020
Contractor Selection:
Following review of the Proposals by the Evaluation Committee (EC), one or more firms/individuals may be
selected to participate in an interview, to provide the opportunity for more detailed presentation of their
proposal. The EC will then score the proposals and presentations. The scoring criteria is meant to guide
the EC in awarding a contract (last page of Attachment A). The EC reserves the right to negotiate a contract.
Receiving a high score does not mean an individual, firm, team, or consultant will receive all or any portion
ofanaward.
12001QP Homeless Outreach Coordinator Page 7 of 23
Proposals will be evaluated based on the following criteria:
1
2
3
4
5
6
7
8
Qualification and Experience
Submitted Qualifications
Key Personnel Experience Combination ofteam members that meet the
needs of the project
Relevant Project Experience - Demonstration of Contractor's relevant
experience with similar projects
Relevant collaboration in the homeless community
Program Design
Program Coordination
Program evaluation
TOTAL
Points
17
20
18
15
10
Contact:
Should you have questions, please contact Cynthia Martinez, Assistant City Attorney at
10
5
100
Submittal Instructions;
DUE DATE IS 2:00 PM, February 14, 2020. Late proposals will not be considered. lnterested firms are to
provide eight (8) paper copies and one digital copy (CD or flash -drive) of your proposal submittal to the
address Iisted below. Sea|yourproposu|inanenve|opeorboxondvvrite"RFQP12OO1QPHnrne|ess
Outreach Coordinator" on the outside of it.
Mail to:
City of Yakima Clerks Office
129 No. 2nd Street
Yakima, WA 98901
12001QP HomelesOutreach Coordinator Page 8 of 23
ATTACHMENT
PROFESSIONAL SERVICES AGREEMENT
FOR
Homeless Outreach Coordinator Services
THIS SERVICES AGREEMENT, entered into this day of , 2020, between the City of
Yakima, 8Washington municipal corporation ("CW).and -_-___- /("CUntraotor).
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
1. Statement of Work
The minimum services that the Contractor will provide include services described in "Deliverabies and fee Schedule", which
are attached as Exhibit A hereto and incorporated herein by this reference.
2.
The City agrees to pay the Contractor according to Exhibit A, attached hereand inherein, which Exhibit includes
the deliverables and fee schedule of itemized prices in the manner and upon the conditions provided for the Contract.
3. Contract Term
The period of this Contracshall Uofrom April ##'202Ountil April ##,2U22. The City may, at its option, extend the Contract
on a year to year basis for up to four additional years provided, however, that either party may at any time during the life of
thiuContraot.oranyextBnSionthnmnf,bannina8othioContractbygivingnot|o8mqUirgdinGeoUOn18'invvri1inO.k>theoth8r
party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation,
unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twenty-four month
period of the Contract.
4. Changes
Any proposed change in this Contracshall be submitted to the other party for its prior written approval. If approved, change
will be made by a contract modification that will becomeffective upon execution by the parties hereto. Any oral statement
or representation changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services. Contractor shall not represent that it is, or hold itself but as, an agent or representative of City.
In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
6. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing
from this Contracwithout the prior written consent of the other.
b. The Contractor for himself, and for his ha|nx, exaoutorm, administratom, ouuceoaom, and auaigno, does hereby
agree to the full performance of all the covenants herein contained upon the part of the Contractor.
7. Property Rights
All records or papers of any sort relating to the City and to the project wiH at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said projecwhich is not otherwise a matter of
public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any
time disclose that information without the express written consent of the City.
12001QP Homeless Outreach Coordinator Page 9 of 23
8. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the
City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of
responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's
knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor
shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to
the City. Contractor's records relating to the Services will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services
of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the
compensation payable under this Contract, or for a longer period if required by law or by the Washington
Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the
City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records
which are related to the Services performed by Contractor under this Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and the
records relating to the Services are City of Yakima records. They must be produced to third parties, if required
pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to
Contractor's services under this Contract must be retained by Contractor for the minimum period of time required
pursuant to the Washington Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
9. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the
City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other
materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the
Contractor shall deliver these materials to the City.
10. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following
the date of completion and acceptance of the Services.
11. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state,
local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any
federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices
necessary and incidental to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay
all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration
number, as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor
must have a current UBI number and not be disqualified from bidding on any public works contract under RCW
39.06.101 or 36.12.065(3).
12001QP Homeless Outreach Coordinator Page 10 of 23
dContractor must provide proof of a valid Washington Employment Security Department number as required by
Title 50 RCW.
e. Although the City does not require foreign corporate proposers to
qualify in the City, County or State prior0o submitting a proposal, it is specifically understood and agreed that
any such corporation will promptly take all necessary measures to become authorized to conduct business in
the City of Yakima, at their own expense, without regard to whether such corporation is actually awarded the
contract, and in the event that the award is made, prior to conducting any business in the City.
12. Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as foliows:
The Contractor shall not discriminate against any person on the grounds of race, oreed, nn|Vr, mUgion, national origin, Sox,
age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory,
mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the
Americans with Disabilities Act (42 USC 12101 et seq.).
This provision shall include but not be Iimited to the : employment, upgradinO, demotion, transfer, recruitment,
advertising, Iayoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of
Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules,
regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may
be declared ineligible for any future City contracts.
13. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have
inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their essential job functions cannot
disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation
information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an inv8StigGUon,
proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's
legal duty to furnish information.
14. Indemnification and HoId Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to personuor
property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials,
officers, employees, attorneys, agents, and volunteers from any and all claims, demands, Iosses, Iiens, Iiabilities,
penalties, fines, lawsuits, and other proceedings and all judgments, 8w8odn, costs and expenses (including
reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of
Contractor, its officials, officers, employees or agents.
b. If any suitjudgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts
and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees,
agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share
of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including
reasonable attorneys' fees.
c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any desin or engineering work is done
pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set
forth above in Section A shall operate with full effecregardless of any provision to the contrary in Title 51 RCVV.
Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's
indemnification, defense, and hold harmless obligations set forth above in section A. Contractor specifically
12001QP Homeless Outreach Coordinator Page 11 of 23
waives any immunity granted under Title 51 RCW, and specifically assumes all potential Iiability for actions
brought by employees of the Contractor against the City and its elected and appointed officials, officers,
employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor
shall similarly require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor,
and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, shall
comply with the terms of this paragraph, waive any immunity granted under Title 51 RCVV, and assume all
potential liability for actions brought by their respective employees. The provisions of this section shall survive
the expiration or termination of this Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
e. The terms of this section shafl survive any expiration or termination of this Contract.
15. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effectinsurance to
protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting
from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that
stated below, as applicable. The City reserves thehghkk)reqUir6hi8her|imda8hUV|ditdeemitDeC8SS8[yiOth8b8S1intBreSt
ofthe public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined
herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This
Certificate of insurance shall be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a
deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain
such insurance"
The foHowing insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars
($2.000.000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million
Dollars /$2.000,000.O0\ general aggregate. If Contractor carries higher coverage limits, such limits shall be
shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,
employees, agents, attorneys and volunteers shall benamed 8Sadditional insureds for such higher limits. The
certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy
and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy
shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers
as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without
first giving the City prior written notice. The insurance shall be with an insurance company or companies rated
A -VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as
well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall
not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the
12001QP Homeless Outreach Coordinator Page 12 of 23
Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents,
attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the
City of Yakima, its elected and appointed offioi8|S, employees, agents, attorneys and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving
the City prior written notice. The insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as
City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in
any manner limit or qualify the Ilabilities or obtigations assumed by Contractor under this contract. The business
auto Iiability shall include Hired and Non -Owned coverage if necessary.
c. Liability (Stop Gap)
Contractor and all sushall at all times comply with all applicable workers' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
@pp|ic8ble.anduhal|maintainEmohve/aLiab|dv|nouranc*with8|imdnfnoleooU)an$1'OOO,OOO.00. The
City shall not be held responsible in any way for claims filed by Contractor or its employees for services
performed under the terms of this Contract. Contractor agrees to assume full Iiability for all claims arising from
this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to
ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance
requirements does not limit Contractor's liability or responsibility.
d. Professional Liability
The Contractor shall provide evidence of Professional Liability insurance covering professional errors and
omissions. Contractor shall provide the City with a certificate of insurance as proof of professional liability
insurance with a minimum Ilability limit of Two Million Dollars ($2,000,000.00)) per claim combined single limit
bodily ijury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. The insurance shall be with an insurance company or companies rated A -VII or higher
in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional
two years after the completion of this contract. If insurance is on a claims made form, its retroactive date, and
that of all subsequent renewals, shall be no later than the effective date of this Contract.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the
Contractor's insurance and shall not contribute to it.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force
and effect, all work under the contracshall be discontinued immediately. Any failure to maintain the required insurance may
be sufficient cause for the City to terminate the Contract.
Should a court of competent jurisdiction determine thathis Contracis subjecto RCW 4.24.115, then, in the evenof liability
for damages arising out of bodily injury to persuOm or damages to property caused by or resulting from the concurrent
negligence of Contractor and the City, its offioem, elected and appointed offioia|o, amp|oyaeo, agento, attorneys and
volunteers, Contractos Iiability hereunder shall be Iimited to the extent of the Contractor's negligence.
12001QP Homeless Outreach Coordinator Page 13 of 23
16. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstanceis held |malid, such
invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition
or application. To this end, the terms and conditions of this Contracare declared severable.
17. Contract Documents
This Contract, the Request for Qualifications & Proposals No. 12001QP Scope of YV0[k, conditions, addenda, and
modifications and Contractors proposal (to the extent consistent with Yakima City documents) constitute the Contract
Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively,
supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129
No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract.
18. Termination
Termination for Cause: The Cmay terminate the Contracproviding the Contractor with thirty (30) calendar
days written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this
Contract.
The Contractor may terminate the Contract after providing the City sixty (60) calendar days' notice of the City's
right to cure a failure of the City to perform under the terms of the Contract.
Upon the termination of the Contract for any reason, or upon Contraciration, each party shall be released
from all obligations to the otheparty arising after the date of termination or expiration, except for those that by
their terms survive such termination or expiration
Termination Convenience: Either party may terminate the Contract at any time, without cause, by providing a
written notice; the City by providing at Ieast thirty (30) calendar days' notice to the Contractor, and the Contractor
providing at least sixty (60) calendar days' notice to the City in advance of the intended date of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any
fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In
this event, compensation for such partially completed services shall be no more than the percentage of
completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment
for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the
Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refundhor
goods or services paid for but not received or implemented, such refund to be paid within thirty (30) days of
written notice to the Contractor requesting the refnd.
Contract Cancellation: The City reserves the righttnuanno the Contracin whole or in part withoupenalty if the
Contractor:
a. Breaches or defaults an obliation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;
U. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30 -
day notice;
O'dGynotioe;
e. Makes an assignment for the benetit of creditors;
C Fails to follow the sales and use tax certification requirements of the State of Washington
g. Incurs a delinquent Washington tax Iiability;
h. Becomes a State or Federaily debarred Contractor;
|. Is excluded from federal procuremenand non-moUrem8n Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the
Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential
Information, proprietary, or containing Personally Identifiable Information, or
I. Contractor performance threatens the health or safety of a City, County or municipal employee
m. Change in Funding: If the funds upon which the City relied to establish this Contract are withdrawn,
reduced, or limited, Drifadditional Or0odifioU conditions are placed on such funding, the City may
terminate this Contract by providing at least five business days written notice to the Contractor. The
termination shall be effective on the date specified in the notice of termination.
19. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to
whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences,
then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with
the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented.
20. Re -Award
When the contracis terminated by the Contractor upon providing the written notice as herein rerquired, the City, pursuant to
City ordinance, may re -award the contract to the next most responsible Proposer.
When a Contractor is unable to supply goods and/oservices to the City and is in breach of the contract, or when the contrac
is terminated by the City for cause as herein provided, the City reserves the rightto re -award the contract to the next most
responsible Proposer
21. Substitution
The Contractor shall not substitute or deviate from said sns of this Contracwithout a written amendment, sinad
by the City Manager, or pursuant to Section 58 below entitled "Change or Notice". Any violation of this procedure by the
Contractor will be considered cause for immediate cancellation of the Contract for cause by the City.
22. Contractor Shall Furnish
Except as otherwise sprovided in this Contract, Contractor shall furnish the foliowing, all as the same may be
required to perform the services described in accordance with this Contract: personnel, labor and supervision; and technical,
professional and other services. All such 3emiCeS, property and other items furnished or required to be furnished, together
with all other obligations performed or required to be performed, by Contractor under this Contract are sometime collectively
referred to in this Contract as the "(Services)."
23. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by one and not mentioned in
another shall be performed to the same extent as though required by all. Details of the services that are not necessary to
carry out the intent of this Contract, but that are not expressly required, shall be performed or furnished by Contractor as part
of the services, without any increase in the compensation otherwise payable under this Contract.
12001QP Homeless Outreach Coordinator Page 15 of 23
24. Invoices
The City will use its best efforts to pay each of Contractor's invoices within thirty (30) days after the City's receipt and
verification thereofprovided, however, that all such payments are expressly conditioned upon Contractor providing services
hereunder that are satisfactory to the City. The City will notify the Contractor promptly if any problems are noted with the
invoice. To insure prompt payment, each invoice should cite purchase order number, RFQP number, detailed description of
work, unit and total price, discount term and include the Contractor's name and return remittance address.
Contractor will mail invoices to the City at the foliowing address:
City of Yakima PubIic Works
Attn: Scott Schafer, Director of Public Works
2301 Fmitva|nBlvd
Yakima, WA 98902
25. Credit Card Acceptance
The City, in its sole discretion, will determine •the method of payment for goods and/or services as part of this agreement. The
City's preferred method of payment is by procurement (credit) card. Proposers may be required to have the capability of
accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be
assessed when accepting the procurement card as a form of payment,
12001QP Homeless Outreach Coordinator Page 16 of 23
26. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contacwith regard to all
contractual matters arising hereunder, including the performance of services and the payment of any and all charges resulting
from its contractual obligations.
27. Delegation of Professional Services
The services provided for herein shall be performed by Contractor, and no person other than regular associates or employees
of Contractor shall be engaged on such work or services. Contractor shall not (by contract, operation of law or otherwise)
delegate or subcontracperformance of any services to any other person or entity without the prior written consent of the City.
Any such delegation or subcontracting without the City's prior written consent shall be voidable at the City's option.
No delegation of subcontracting of performance of any of the services, with or without the City's prior written consent, shall
relieve Contractor of its responsibility to perform the services in accordance with this Contract. Contractor shall be fully
responsible for the performance, acts and omissions of Contractor's employees, Contractor's subcontractors, and any other
person who performs or furnishes any services (collectively, the "Support").
Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to
performance of the services. Contractor shall not represent that it is, nor hold itself out as, an agent or representative of the
City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City.
Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the City provides its employees.
The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as
required by state law. The Contractor will have an active account with the Department of Revenue, other state agencies as
nnednd, and a separate set of books or records that reflect all items of income and expenses of the business that the
Contractor is conducting.
Contractor shall perform the services in a timely manner and in accordance with the standards of the profession. At the time
of performance, Contractor shall be properly |ioenoad, equipped, organized, and financed to perform the services in
accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform the
services in accordance with its own methods.
28. Licenses
If applicable, Contractor shall have a valid and currenbusiness license per Chapter 5.02 Section 5.02.010 of the Yakima
Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be
obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration,
telephone (509) 575-6121.
In addition, Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code of Washington and
their registration number must be listed on the bid/RFP/quote.
Contractor shall take all reasonable precautionstoprotect against any bodily injury (including death) or property damage that
may occur in connection with the services.
29. Removal of Subcontractor
If dissatisfied with the b8okomunU, performance, and/or general methodologies of any subcontractor, the City may
request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall
not employ the subcontractor for any further work/services under this Contract.
12001QP Homeless Outreach Coordinator Page 17 of 23
30. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to
federal income tax, FICA, social security tax, assessments for unemployment and industrial injury |nnunonne, and other
deductions from income which may be required by law or assessed against either party as a result of this Contract. In the
event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes
due.
The City and its agencies are exempt from payment of all federal excise taxes and, but not saletax (currently at 8.2%). Tax
will not be considered in determining which proposal is the lowest or best, however RCW 39.30.040 allows the City to take
any sales tax and B&O tax that is will receive from purchasing supplies, materials and equipment within its boundaries into
consideration when determining the owest responsible Proposer.
31. Contractor Tax Delinquency
Contractors who have a delinquent Washington tax liability may have their payments offset by the State of Washington.
32. Inspection: Examination of Records
The Contractor agrees to furnish the City with reasonable periodic reports and documents as it may request and in such form
as the City requires pertaining to the work or services undertaken pursuant to this Agreement. The costs and obligations
incurred or to be incurred in connection therewith, and any other matter are to be covered by this Agreement.
The records relating to the services shall, at aPI times, be subject to inspection by and with the approval of the City, but the
making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for
performance of the services in accordance with this Contnomt, notwithstanding the City's knowledge of defective or non-
complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and
on'oump|yingperfbnnannu.itomubofontia|ityortheoaoeofitadiuouvory.ContmuborohaUpmvidetheCityuuMio|ont'mafe.ond
proper facilities and equipment for such inspection and free access to such facilities.
33. Recordkeeping and Record Retention
The Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records
must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with
federal, state and Iocal ordinances.
The City shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documerits relating
to any contracresulting from this proposaheld by the Contractor. The Contractor will retain all documents applicable
to the contract for a period of not Iess than three (3) years after final payment is made.
12001QP Homeless Outreach Coordinator Page 18 of 23
34. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City for any purpose other thanthe
limited purposes set forth in this Contract, and all related and necessary actions taken in fulfillment of the obligations there
under. Contractor shall hold all Confidential Information in confidence, and shall not disclose such Confidential Information
to any persons other than those directors, officers, employees, and agents ("Representatives") who have a business-related
need to have access to such Confidential Information in furtherance of the limited purposes of this Contract and who have
been apprised of, and agree to maintain, the confidential nature of such information in accordance with the terms of this
Contract.
Contractor shall institute and maintain such security procedures as are commercially reasonable to maintain the confidentiality
of the ConfidentiaInformation while in its possessionn[Cnnhn||n:|udingh3OSpOrt8tion,whothenphvuicdlyO[8leoUnnicaUv.
Contractor shall ensure that all indications of confidentiality contained on or included in any item of Confidential Information
shall be reproduced by Contractor on any reproduction, modific8kiOn, or translation of such Confidential Information. If
requested by the City in wh1|ng. Contractor shall make a reasonable effort to add a proprietary notice or indication of
confidentiality to any tangible materials within its possession that contain Confidential Information of the City, as directed.
Contractor shall maintain all Confidential Information as confidential for a period of three (3) years from the date oftermination
of this Contract, and shall return or destroy said Confidential Information as directed by the City in writing.
Contractor may disclose Confidential Information in connection with a judicial or administrative proceeding to the extent such
disclosure is required under law or a court order, provided that the City shall be given prompt written notice of such proceeding
if giving such notice is legally permissible.
35. Price Increases
If requested by the Contractor in writing thirty (30) days before the anniversary date of each year of the contract, the City will
consider increasing the Contractor's rates per the Seattle -Tacoma -Bremerton Consumer Price Index for Urban Wage Earners
and Clerical Workers (CPI -W) for the previous twelve months. The City, in its sole discretion, will decide whether to approve
or deny the rate increase request or any part thereowithin 30 days of receipt of the request. If approved, increase shall take
effect 30 days after approval.
Price increases for any other justifiable reason will be considered on a case-by-case basis. Price increase requests wiii not
be considered or granted until any outstanding required financial reports have been submitted to the City.
The rates and discounts shown on proposal shall be consistently applied and remain firm throughout the first tweive months
of the contract. If requested by the Contractor, thirty (30) days before the anniversary date of the contract, labor rates may
be adjusted per the West C, Urban Wage Earners and Clerical Workers Consumer Price Index -- 50,000 to 530.000
popuiations for the next yeas contract term, if the City agrees to the request.. No discount adjustments wili be allowed.
36. Suspension of Work
The City may suspend, in writing by certified maU, all or a portion of the Service under this Agreement if unforeseen
circumstances beyond the City's control are interfering with normal progress of the Service. The Contractor may suspend, in
writing by certified mail, all or a portion of the Service under this Agreement if unforeseen circumstances beyond Contractor's
controi are interfering with normai progress of the Service. The Contractor may suspend Service on the Pject in the event
the City does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of
the Service shail be extended by the number of days the Service is suspended. if the period of suspension exceeds ninety
(90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate the
Service on the suspended portion of Pject in accordance with Section 18.
12001QP Homeless Outreach Coordinator Page 19 of 23
37. Provkon of Services
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance with accepted
industry practices, standards and legal requirements, and to the City 's satisfaction; the City decision in that regard shall be
final and conclusive. The City may inspect, observe and examine the performance of the services performed on the City
premises at any time. The City may inapnnt, observe and examine the performance of Contractor's services at reasonable
times, without notice, at any other premises.
a. If the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ from the
Contract reqUire0entshn8Dyre8uon'0the[tkanasaresukoftheCitv'sdefaukcvnGg|i ence, the Contractor shall,
at its own expense, reschedule and perform the services correctly within such reasonable time as the City specifies.
This remedy shall be in addition to any other remedies available to the City by Iaw or in equity.
b. The Contractor shall be solely responsible for controlling the manner and means by which it and its Contracted
Personnel or its subcontractors perform the services, and the Contractor shall observe, abide by, and perform all of
its obligations in accordance with all legal requirements and City work rules.
38. Assignment
This Contract, or any interest herein, orclaim hereunder, shall not be assigned ortransferred in whole or in part by Contractor
to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor stated herein.
39. No Conflict of Interes
Contractor represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of this Contract. Contractor further covenants
that it will not hire anyone or any entity having such a conflict of interest during the performance of this Contract.
40. Material Safety Data Sheet
If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide
one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).
41. Contract Preservation
If any provisionOftheAomemenLnrth0000ic8Uonufsuoh provision,ahal|beRmUeredorded3red|nveidbv@oourtnf
Competent jurisdiction, or by reason of its requiring any stepu, actions or results, the remaining parts or portions of this
Agreement shall remain in full force and effect.
42. Promotional Advertising / News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any official or employee for commercial
promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the
contracting agency.
43. Time is of the Essence
Timely provision of the services required under this Contracshall be of the essence of the Contract, including the provision
of the services within the time agreed or on a date specified herein.
44. Expansion clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally
offered by the Contractor, as long as the price of such additional products is based on the same ooat/orofit8onnu|a as the
listed item/service. At any time during the term of this contract, other City departments may be added to this contract, if both
parties agree.
12001QP Homeless Outreach Coordinator Page 20 of 23
45. Patent Infri
The contractor selling to the City the articles described herein guarantees the articles were manufactured or produced in
accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe
any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought
against the City (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for
any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs,
damages, and profits recoverable in any such suit.
46. Ownership
All material produced as a result of this Contract shall be the exclusive property of the City. Additionally, the City shall have
unrestricted authority to reproduce, distribute, and use any submitted report, template, data, or material, and any associated
documentation that is designed or developed and delivered to the Agency as part of the performance of the Contract.
47. Safety Requirements
All materials, equipment, and supplies provided to the City must comply fully with all safety requirements, federal, state and
local laws, ordinances, rules, regulations as set forth by the State of Washington RCW's, WAC's and all applicable OSHA
Standards.
48. Warranty
Unless otherwise specifically stated by the Proposer, Contractor warrants that all goods and services furnished under this
contract are warranted against defects by the Proposer for one (1) year from date of receipt, are new, conform strictly to the
specifications herein, are merchantable, good workmanship, free from defect, are fit for the intended purpose of which such
goods and services are ordinarily employed and if a particular purpose is stated in a Special Condition, the goods are then
warranted as for that particular purpose. Contractor further warrants that no violation of any federal, state or local law, statute,
rule, mgu|@tiOO, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any
other goods. Contractor's warranties (and any more favorable *mnanUeo, service po|ioiou, or similar undertaking of
Contractor) shall survive delivery, inspection, and acceptance of the goods or services.
49. Access and Review of Contractor's Facilities
The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and/or Contractor's
Subcontractor upon request and reasonable notice during the term of the Contract and Contract renewals/extensions.
50. Notice of Change in Financial Condition
If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform
under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing.
Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds
for Contract termination.
51. Facility Security
The City may prohibit entry to any secure facility, or remove from the facilitya Contract employee who does not perform
his/her duties in a professional manner, or who violates the secure facility's security rules and procedures. The City reserves
the right to search any person, property, or article entering its facilities.
52. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not
impair the right of the party not in default to avail itself of any subsequent breach thereof.Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein
given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant,
condition or right.
12001QP Homeless Outreach CoordinatoPage 21 of 23
53. Integration
This Contract, along with the City ofYakima'oFFQ11029Q and the Contractor's response to the Request for Qualifications
("RFQ"), represents the entire understanding of the City and Contractor as to those matters contained herein. No prior oral
or written understanding shall be of any force or effect with respect to those matters covered herein. This Contract may not
be modified or altered except in writing signed by both parties.
54. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or
actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period
equal to the time Iost due to the reason for delay.
55. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
56. Venu
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima
County, Washington.
57.
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorizeby
Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of
this Contract.
58. Change or Notice
Any alterations made to the Contracshall be rendered in writing and signed by both responsible parties; no changes
withoutsuch signed documentation shall be valid. No alterations outside of the general scope and intentofthe
original Request for Proposals or in excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any
properly executed amendment.
Notice of Business Contractor shall notify the City in writing within three (3) business days of any change
in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notity
the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by
the Contractor to change or discontinue service that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to
accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and
unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance
with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under
and related to this Contract shall be in writing and sent to the parties at their addresses as follows:
TO CITY:
Scott Schafer
Director of Public Works
City of Yakima
2301 Fruitvale Blvd
Yakima WA, 98902
AND ALSO TO: TO CONTRACTOR:
Maria Mayhue
Acting Purchasing Manager
City of Yakima
129 North 2nd street
Yakima, WA 98901
120010P Homeless Outreach Coordinator Page 22 of 23
6
59. Survival
The foregoing sections of this Contract, 2-58 inclusive, shall survive the expiration or termination of this Contract in
accordance with their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA
Alex Meyerhoff, Interim City Manager
Date:
(ENTER CONTRACTOR NAME)
By:
Date:
Attest: (Print name)
City Clerk
EXHIBIT A
Compensation
12001QP Homeless Outreach Coordinator Page 23 of 23