HomeMy WebLinkAboutR-2008-096 Healthy Families Contract ExtensionRESOLUTION NO. R-2008-96
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to amend
the City of Yakima Greater Yakima Valley Healthy Marriage and
Responsible Fatherhood Community Demonstration Initiative Professional
Services Agreement with Kraft Consulting, a business located in the City of
Yakima, serving as the Executive Director for the "Greater Yakima Valley
Healthy Marriage and Responsible Fatherhood Community Demonstration
Initiative" child support enforcement demonstration project.
WHEREAS, the State of Washington has obtained an OCSE Federal Office of Child
Support Enforcement Waiver Terms and Conditions allowing the City of Yakima to obtain
federal IV -D match funds to operate the "Greater Yakima Valley Healthy Marriage and
Responsible Fatherhood Community Demonstration Initiative" child support enforcement
demonstration project; and
WHEREAS, the "Greater Yakima Valley Healthy Marriage and Responsible Fatherhood
Community Demonstration Initiative" is a federally funded five-year community demonstration
initiative intended to facilitate and study the creation of a community coalition providing
programs and supporting efforts designed to strengthen family relations, reduce family violence
through education and related public services, cooperate with Child Support Enforcement to
reach their clients and increase parental financial responsibility towards their children; and
WHEREAS, the City of Yakima is supporting this effort by serving as a subrecipient and
fiscal agent for the disbursement of Federal IV -D match funds granted for the project, as
authorized by Resolution R 2006-91 at Council's June 6, 2006 meeting; and
WHEREAS, KRAFT CONSULTING, a business within the State of Washington, with
offices at 408 North First Street, Yakima, Washington, 98901, specializing and experienced in
directing, developing and managing complex strategic planning, has been acting as the
Executive Director for the, "Greater Yakima Valley Healthy Marriage and Responsible
Fatherhood Community Demonstration Initiative," child support enforcement demonstration
project, otherwise known as, "Healthy Families Yakima," since June of 2006; and
WHEREAS the City of Yakima and Kraft Consulting now wish to continue this
agreement through March 31, 2009.
WHEREAS, the City Council of the City of Yakima has reviewed the attached
amendment to the existing Agreement, which is responsive to City of Yakima concerns; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of
the City of Yakima to amend the contract with Kraft Consulting for an additional year, now,
therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached. amendment to the City of Yakima Greater Yakima Valley Healthy Marriage and
Responsible Fatherhood Community Demonstration Initiative Professional Services Agreement
dated June 30, 2006.
ADOPTED BY THE CITY COUNCIL this 10th day of ne, 2008.
ATTEST:
City Clerk
/ A .. .4r-' ..A..
Davi • •er, Mayor
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The City of Yakima Greater Yakima Valley Healthy Marriage and
Responsible Fatherhood Community Demonstration Initiative
Professional Services Agreement
Amendment
It is the agreement of the parties to amend The City of Yakima Greater
Yakima Valley Healthy Marriage and Responsible Fatherhood Community
Demonstration Initiative Professional Services Agreement originally dated June
8, 2006, as follows:
1. The agreement is extended through March 31, 2009.
2. The maximum consideration payable to Kraft Consulting for the period
of this extension is $114,165.
3. The Statement of Work, Exhibit B, is amended as follows:
Coalition Leadership, No. 4 is amended to read as follows:
(4) Conduct annual review of Domestic Violence protocol with
Local Domestic Violence resources.
Management Information System and program curricula and
materials, the first sentence is amended to read as follows:
Kraft Consulting shall complete the following specific tasks and
outcomes by March 31, 2009 in order to receive consideration for
service related to the Agreement:
OCSE Progress Reports, add the following:
(8)
(9)
The progress report due date for the third semi-annual report
is August 31, 2008.
The progress report due date for the fourth semi-annual
report is January 31, 2009.
This Agreement, including all exhibits and other documents incorporated
by reference, contains all the terms and conditions agreed upon by the parties as
changes to the original Agreement. No other understandings or representations,
oral or otherwise, regarding the subject matter of this Agreement Amendment
shall be deemed to exist or bind the parties. All other terms and conditions of the
original Agreement remain in full force and effect.
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The parties signing below warrant that they have read and understand this
Agreement and have authority to enter into this Agreement Amendment.
CITY OF YAKIMA KRAFT CONSULTING
Richard A. Zais, Jr., City Manager
Date: /,2?//a8
Cal' CON TRAC f NO //I/D�Q �il
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RESOLUTION NO: /� ',R01/4 71?
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Gnd� e- %/2)'`co- f
Linda C. Kraft, Kraft Consulting
Date: (r'/ / �/63
CITY OF YAKIMA .
GREATER YAKIMA VALLEY HEALTHY MARRIAGE AND RESPONSIBLE
FATHERHOOD COMMUNITY DEMONSTRATION INITIATIVE
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 8 day of June, 2006, by and
between .KRAFT CONSULTING, of Selah, Washington hereinafter the "Executive
Director", and the CITY OF YAKIMA, a municipal corporation, hereinafter referred to as
the "City".
WHEREAS, the "Greater Yakima Valley Healthy Marriage and Responsible
Fatherhood Community Demonstration Initiative", otherwise known as "Healthy Families
Yakima" (HFY), is a federally funded five-year community demonstration initiative
intended to assist in the creation of a community coalition providing programs and
supporting efforts designed to strengthen family relations, reduce family violence
through education and related public services, cooperate with Child Support
Enforcement to reach their clients and increase parental financial responsibility towards
children; and
WHEREAS, the City of Yakima is supporting this effort by serving as a
subrecipient and fiscal agent for the disbursement of federal IV -D match funds granted
for the project; and
WHEREAS, KRAFT. CONSULTING, is a business in the State of Washington,
with offices at 1209 Fremont Hills Drive, Selah, specializing and experienced in
directing, developing and managing complex strategic planning as described in Exhibit
A, has the experience and skills to perform the duties of Executive Director for Healthy
Families Yakima, and
WHEREAS, the parties hereto are desirous of effectuating an agreement
whereby Kraft Consulting will serve as the Healthy Families Yakima Executive Director;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City of Yakima and Kraft
Consulting, as follows:
SPECIAL TERMS AND CONDITIONS
1. The following definitions shall apply to this Agreement:
a. "Agreement" means this Agreement, including all Exhibits and other
documents attached or incorporated by reference.
b. "City" means the City of Yakima.
c. "Contracts Administrator" means the manager, or successor, of the City of
Yakima Finance department.
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d. "DCS" means the Division of Child Support.
e. "Debarment" means an action taken by a Federal official to exclude a
person or business entity from participating in transactions involving
certain federal funds.
f. "DSHS" or "the Department" means the state of Washington Department
of Social and Health Services and its employees and authorized agents.
g. "Federal Project Officer" means an OCSE employee that monitors and
assists DCS in the programmatic activities of the project.
h. "MIS" means Management Information System.
i. "National Evaluators" means a third party organization selected by OCSE.
j. "OCSE" means the federal Office of Child Support Enforcement.
k. "Personal Information" means information identifiable to any person,
including, but not limited to, information that relates to a person's name,
health, finances, education, business, use or receipt of governmental
services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any
financial identifiers.
I. . "RCW" means the Revised Code of Washington. All references in this
Agreement to RCW chapters or sections shall include any successor,
amended, or replacement statute. Pertinent RCW chapters can be
accessed at http://slc.leg.wa.gov/.
m. "Regulation" . means any federal, state, or local regulation, rule, or
ordinance.
n. "Executive Director" means the project director or entity performing
services pursuant to this Agreement and includes the Executive Director's
officers, directors, trustees, employees and/or agents. For purposes of
any permitted Subcontract, "Executive Director" includes any
Subcontractor and its owners, members, officers, directors, partners,
employees, and /or agents. For purposes of this Agreement, the
Executive Director shall not be considered an employee or agent of the
City of Yakima.
o. "Subcontract" means any separate agreement or contract between the
Executive Director and an individual or entity ("Subcontractor") to perform
all or a portion of the duties and obligations that the Executive Director is
obligated to perform pursuant to this Agreement.
p. "Subrecipient" means a non-federal entity that expends federal awards
received from a pass-through entity to carry out a federal program, but
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does not include an individual that is a beneficiary of such a program. A
subrecipient may also be a recipient of other federal awards directly from
a federal awarding agency.
"Vender" means a dealer, distributor, merchant, or other seller providing
goods or services that are required for the conduct of a Federal program.
These goods or services may be for an organization's own use or for the
use of beneficiaries of the Federal program.
r. "WAC" means the Washington Administrative Code. All references in this
Agreement to WAC chapters or sections shall include any successor,
amended, or replacement regulation. Pertinent WAC chapters or sections
can be accessed at http://slc.Ieq.wa.gov/.
2. Purpose. The purpose of this agreement is to allow Kraft Consulting, to
perform the duties of Executive Director for the "Greater Yakima Valley Healthy
Marriage and Responsible Fatherhood Community Demonstration Initiative" (YHF)
Child Support Enforcement demonstration project. As the Executive Director, Kraft
Consulting will develop and operate the demonstration project. This project goal is to
explore and study new strategies to strengthen the Child Support Enforcement
program. The primary strategies to be researched are the promotion of healthy
marriage and healthy parental relationships.
3. Statement of Work. The Executive Director shall provide the services and
staff, and otherwise do all things necessary for or incidental to the performance of work,
as set in the attached Exhibit B — Statement of Work and the plan documents
incorporated by reference listed in section 11 of this agreement.
4. Independent Contractor. The parties agree that KRAFT CONSULTING is
an independent contractor with the responsibility and authority to control and direct the
performance of the details of the work described herein, in accordance with the terms
and conditions of this Agreement. The implementation of contracted activities and the
results to be achieved are solely the responsibility of the KRAFT CONSULTING. No
agent, employee, subcontractor, or representative of KRAFT CONSULTING shall be
deemed to be an employee, agent, servant, or representative of the City for any
purpose, and the employees, agents, subcontractor, or representative of KRAFT
CONSULTING is not entitled to any of the benefits the City provides for its employees.
KRAFT CONSULTING will be solely and entirely responsible for its acts and for the acts
of its agents, employees, subcontractors, or otherwise, during the performance of this
Agreement.
5. Consideration. As consideration for contracted activities the Contractor
agrees to comply with all payment and/or billing conditions as follows:
a. GENERAL PAYMENT CONDITIONS: The Contractor agrees to the
following standards in satisfactorily performing the terms and conditions of
this Agreement:
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(1) Payments shall only be made for contracted activities rendered by the
Contractor, which are identified within the terms and conditions of this
Agreement and set forth within a category of the HFY budget, Exhibit
C.
(2) The Contractor shall submit to the City a written request for
modification when the proposed revision would change the scope or
objectives of any contracted service.
(3) Payments shall be based on the City's receipt of all fiscal and
programmatic reports required by this Agreement to substantiate
claims for payment. The City expressly reserves the right to withhold
payment in whole or in part when:
a. the Contractor fails to submit all required documentation; or
b. the Contractor fails to submit required documents per prescribed
due dates; or
c. in the City's judgment, additional information is required to
substantiate the basis upon which claims for payment are made,
provided the request for such additional information is consistent
with the requirements of this Agreement; or
d. if claims for payment are inconsistent with the terms and conditions
of this Agreement.
6. Billing
a. The Contractor shall submit written claims for payment for contracted
activities provided on the appropriate forms by the tenth day of each
month to:
The City of Yakima
Attn: Cindy Epperson
129 N. 2nd Street
Yakima WA 98901
b. The City agrees to make payment for contracted activities within 30 days
of receiving invoice subject to conditions stated in Section 5 of the Special
Terms and Conditions of this agreement.
c. As consideration for services, as described in the Statement of Work, the
City agrees to pay the executive Director a sum not to exceed the
budgeted amounts contained in the Budget Provisions. This total available
sum shall be payable during the Agreement period only, as expenses are
incurred, for services described in the Statement of Work. Payment shall
be based on Contracting Agencies' claims for payment and shall be
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contingent upon the receipt of all required financialand program reports
bythe respectively assigned due dates.
d. If there are no available funds at the time a claim for payment is made,
the City may delay payment until funds become available.
e. Priority of Payment. In the event that there are insufficient funds to pay all
program expenses during a given month, the claims for payment shall be
paid in the following order:
i. Vendor
ii. Executive Director in accordance with this agreement
iii. Other outside service providers
f. Recovery of Costs Claimed In Error --The Executive Director shall
reimburse the City for costs reimbursed under this Contract which the City
later finds were:
(1) Claimed in error,
(2) No allowable under the terms of this Contract,
(3) Disallowed by federal, private or state auditors.
g. Audit. The Executive Director agrees to participate and cooperate with
any fiscal or program audit conducted of the City of Yakima in connection
with the demonstration.
7. Review of Records. Upon providing a written notice of "Intent to Review" at
least 24 hours in advance, the City or its auditors may, during regular business hours,
review and copy all financial and/or program records maintained by the Executive
Director. For purposes of this section, notice sent by E-mail communication will suffice
as written notice.
8. Insurance. The Executive Director shall at all times comply with the following
insurance requirements.
a. Commercial General Liability Insurance.
The Executive Director shall maintain Commercial General Liability
Insurance, or Business Liability Insurance, including coverage for bodily
injury, property damage, and contractual liability, with the. following
minimum limits: Each Occurrence - $1,000,000; General Aggregate -
$2,000,000. The policy shall include liability arising out of premises,
operations, independent contractors, products -completed operations,
personal injury, advertising injury, and liability assumed under an insured
contract. The City of Yakima, its elected and appointed officials, agents,
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and employees of the City and DSHS; its elected and appointed officials,
agents, and employees shall be named as additional insureds.
b. Business Automobile Liability Insurance.
The Executive Director shall maintain a Business Automobile Policy on all
vehicles used to transport clients, including vehicles hired by the
Executive Director or owned by the Executive Director's employees,
volunteers or others, with the following minimum limits: $1,000,000 per
accident combined single limit. The City of Yakima, its elected and
appointed officials, agents, and employees of the • City and . DSHS, its
elected and appointed officials, agents, and employees shall be named as
additional insureds.
c. The Executive Director shall maintain Professional Liability Insurance or
Errors & Omissions insurance, including coverage for losses caused by
errors and omissions, with the following minimum limits: Each Occurrence
- $1,000,000; Aggregate - $2,000,000.
d. Fidelity Bond.
The Executive Director shall secure a fidelity bond to cover theft of money
designated to the program in the amount of $50,000.00.
e. Worker's Compensation.
The Executive Director shall comply with all applicable Worker's
Compensation, occupational disease, and occupational health and safety
laws and regulations. The City of Yakima shall not be held responsible for
claims filed for Worker's Compensation under RCW 51 by the Executive
Director or its employees under such laws and regulations.
f. Employees.
Insurance required of the Executive Director under the Contract shall
include coverage for the acts and omissions of the Executive Director's
employees.
g.
Subcontractors.
The Executive Director shall ensure that all subcontractors have and
maintain insurance with the same types and limits of coverage as required
of the Executive Director under the Contract.
h. Insurers.
The Executive Director shall obtain insurance from insurance companies
identified as an admitted insurer/carrier in the State of Washington, with a
Best's Reports' rating of B++, Class VII, or better. Surplus Lines
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insurance companies will have a rating of A-, Class VII, or better.
i. Evidence of Coverage.
(1) The Executive Director shall submit Certificates of Insurance to the
City of Yakima point of contact located on page four (4) of the contract
for each coverage required of the Executive Director under the
Contract. The Certificate shall identify the City of Yakima Finance
Department as Certificate Holder. A duly authorized representative of
each insurer, showing compliance with the insurance requirements
specified in this Contract, shall execute each Certificate of Insurance.
The Executive Director is not required to submit to DSHS copies of
Certificates of Insurance for personal automobile insurance required of
the Executive Director's employees and volunteers under the contract.
(2) The Executive Director shall maintain copies of Certificates of
Insurance for each subcontractor as evidence that each subcontractor
maintains insurance as required by the Contract.
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Material Changes.
The insurer shall give the City of Yakima Finance Department, 45 days
advance written notice of cancellation or non -renewal. If cancellation is
due to non-payment of premium, the insurer shallgive the City of Yakima
10 days advance written notice of cancellation.
k. General.
By requiring insurance, the City does not represent that the coverage and
limits specified will be adequate to protect the Executive Director. Such
coverage and limits shall not be construed to relieve the Executive
Director from liability in excess of the required coverage and limits and
shall not limit the Executive Director's liability under the indemnities and
reimbursements granted to the State and DSHS in this Contract. All
insurance provided in compliance with this Contract shall be primary as to
any other insurance or self-insurance programs afforded to or maintained
by the State. The Executive Director waives all rights against the City of
Yakima for the recovery of damages to the extent they are covered by
insurance.
9. Governing Law. This agreement has been and shall be construed as having
been made and delivered within the State of Washington, and it is mutually understood
and agreed to by each party hereto that this agreement shall be governed by the laws
of the State of Washington both as to interpretation and as to performance.
10. Venue. Any action at law, suit in equity, or judicial proceeding for the
enforcement of this agreement or any provisions thereof, shall be instituted and
maintained only in the Superior Court for Yakima County, Yakima, Washington.
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11. Incorporation by Reference.
a. The 2002 DSHS DCS application to OCSE for a Section 1115 waiver,
Exhibit. D, entitled The Greater Yakima Valley Healthy Marriage and
Responsible Fatherhood Community Demonstration Initiative is
incorporated by reference into this contract.
b. The OCSE Waiver Terms and Conditions for the Washington State
Yakima Healthy Marriage Application Child Support Demonstration
Project, Exhibit E, are incorporated by reference into this contract.
12. Data Sharing. The City will not be sharing any City client records for the
Executive Director's use in performing services in this Contract.
13. Records. The Executive Director shall provide, the original source
documents for the following client records, but not limited to:
a. Client Records.
(1) All records necessary to prove enrollment of participants in project
programs; and
(2) All records necessary to comply with the National Evaluators
evaluation of the program.
(3) All records and reports enumerated in attachment B --Statement of
Work, Exhibit D --The 2002 DSHS DCS application to OCSE for a
Section 1115 waiver, entitled The Greater Yakima Valley Healthy
Marriage and Responsible Fatherhood Community Demonstration
Initiative, and Exhibit E --The OCSE Waiver Terms and Conditions for
the Washington State Yakima Healthy Marriage Application Child
Support Demonstration Project;
b. Administrative Records.
(1) Press releases and public service announcements;
(2) Fiscal records which document costs for services provided under this
Contract'
(3) Organizational records such as five year project work plan;
(4) Copies of all reports to the City;
(5) Copies of all program materials and brochures; and
(6) Copies of domestic violence protocols.
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14. Contract Period of Performance. This Contract may be extended by
agreement of the parties for up to three (3) one-year extensions.
15. Federal Waiver Terms and Conditions. The Executive Director shall
maintain a copy of the OCSE Waiver Terms and Conditions, State: Washington,
Washington (Yakima) Healthy Marriage Application Child Support Enforcement
Demonstration Project for the records and comply with all of the terms and conditions
that are applicable to the performance and management of this Contract.
16. Taxes and Assessments. The Executive Director shall be solely
responsible for compensating its employees and for paying all related taxes, deductions
and assessments, including but not limited to, leasehold excise taxes, federal income
tax, FICA, social security tax, assessments for unemployment and industrial injury, and
other deductions from income which may be required by law or assessed against either
party as a result of this Agreement. In the event the City is assessed a tax or
assessment as a result of this Agreement, the Executive Director shall pay the same
before it becomes due.
GENERAL TERMS AND CONDITIONS
1. Amendment. This Agreement may only be modified by a written amendment
signed by both parties. Only personnel authorized to bind each of the parties may sign
an amendment.
2. Assignment. The Executive Director shall not assign this Agreement, its
rights or obligations hereunder, without obtaining the prior written consent of the City.
The City shall not recognize any assignment without such prior written consent. In the
event that consent is given and this Agreement is assigned, all terms and conditions of
this Agreement shall be binding upon the Executive Director's successors and assigns.
For purposes of this agreement, a change in the ownership of Kraft Consulting is
considered an assignment.
3. Change in Management. Linda Kraft is the current manager of Kraft
Consulting. Should there be a change in management, Kraft Consulting shall provide
30 days advance written notice of such change.
4. Compliance with Applicable Law. At all times during the term of this
Agreement, the Executive Director shall comply with all applicable federal, state, and
local laws and regulations.
5. Independent Contractor. The parties understand and expressly agree that
the Executive Director will be solely responsible for compensating its employees and for
paying all related taxes, deductions, and assessments, including but not limited to,
federal income tax, FICA, social security tax, assessments for unemployment and
industrial injury, and other deductions from income which may be required by law or
assessed against either party as a result of this Agreement. In the event the City is
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assessed a tax or assessment as a result of this Agreement, the Executive Director
shall pay the same before it becomes due.
6. Nondiscrimination Provision. During the performance of this Agreement,
the Executive Director shall not discriminate on the basis of race, age, color, sex,
religion, national origin, creed, marital status, political affiliation, or the presence of any
sensory, mental or physical handicap. This provision shall include but not be limited to
the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training,
and the provision of services under this Agreement.
7. Confidentiality. Except as otherwise provided in this agreement, the
Executive Director may use Personal Information and other information gained by
reason of this Agreement only for the purpose of this Agreement. The Executive
Director shall not disclose, transfer, or sell any such information to any party, except as
provided by law or, in the case of Personal Information, without the prior written consent
of the person to whom the Personal Information pertains. The Executive Director shall
maintain the confidentiality of all Personal Information and other information gained by
reason of this Agreement, and shall return or certify the destruction of such information
if requested in writing by the City.
8. Debarment Certification. The Executive Director, by signature to this
contract certifies that the Executive Director is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in
this Agreement or any Program Agreement by any Federal department or agency. The
Executive Director also agrees to include the above requirement into any subcontracts
entered into, resulting directly from the Executive Director's duty to provide services
under this Contract
9. Governing Law and Venue. The laws of the state of Washington shall
govern this Agreement. In the event of any action brought hereunder, venue shall be
proper only in the Superior Court for Yakima County, Yakima, Washington.
10. Indemnification and Hold Harmless.
a. Kraft Consulting agrees to protect, defend, indemnify, exonerate, and hold
harmless the City, its elected officials, agents, officers, employees and
agents from any and all claims, demands, losses, liens, liabilities,
penalties, fines, lawsuits, and other proceedings and all judgments,
awards, costs and expenses (including attorneys' fees and
disbursements) which result from or arise out of the sole negligence of
Kraft Consulting, its officers, employees, and agents in connection with or
incidental to the performance or non-performance of this Agreement.
b. The City agrees to protect, defend, indemnify, exonerate, and hold
harmless Kraft Consulting, its elected officials, agents, officers, employees
and agents from any and all claims, demands, losses, liens, liabilities,
penalties, fines, lawsuits, and other proceedings and all judgments,
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awards, costs and expenses (including attorneys' fees and
disbursements) which result from or arise out of the sole negligence of the
City, its officers, employees, and agents in connection with or incidental to
the performance or non-performance of this Agreement.
c. In the event both Kraft Consulting and the City are both negligent, each
party shall be liable for its contributory share of negligence for any
resulting suits, actions, claims, liability, damages, judgments, costs, and
expenses (including reasonable attorney's fees).
d. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
11. Maintenance of Records. During the term of this Agreement and for six (6)
years following termination or expiration of this Agreement, the Executive Director shall
maintain, and provide the City with reasonable access to, its records sufficient to:
a. Document performance of all acts required by law, regulation, or this
Agreement;
b. Substantiate the Executive Director's statement of its organization's
structure, tax status, capabilities, and performance; and
c. Demonstrate accounting procedures, practices, and records, which
sufficiently and properly document the Executive Director's invoices to the
City and all expenditures made by the Executive Director to perform as
required by this Agreement.
12. Order of Precedence. In the event of an inconsistency in this Agreement,
the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable federal and state of Washington statutes and regulations;
b. Special Terms and Conditions contained in this Agreement;
c. General Terms and Conditions contained in this Agreement;
d. Exhibits or other documents incorporated by reference.
13. Ownership of Material. Material created by the Executive Director and paid
for by the City as a part of this Contract shall be owned by the City and shall be "work
made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is
not limited to: books; computer programs; documents; films; pamphlets; reports; sound
reproductions; studies; surveys; tapes; and/or training materials. Material which the
Executive Director uses to perform the Contract but is not created for or paid for by the
City is owned by the Executive Director and is not "work made for hire"; however, the
City shall have a perpetual license to use this material for the City internal purposes at
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no charge to the City, provided that such license shall be limited to the extent which the
Executive Director has a right to grant such a license.
14. Severability. If any term or condition of this Agreement is held invalid by any
court, such invalidity shall not affect the validity of the other terms or conditions of this
Agreement.
15. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
16. Subcontracting. Except as otherwise provided in this Agreement, the
Executive Director shall not subcontract any of the contracted services without the prior
approval of the City as specified in a written amendment to this Agreement. The
Executive Director is responsible to ensure that all terms, conditions, assurances and
certifications set forth in this Agreement are included in any and all Subcontracts. Any
failure of Executive Director or its Subcontractorsto perform the obligations of this
Agreement shall not discharge the Executive Director from its obligations hereunder or
diminish the City's rights or remedies available under this Agreement.
17. Subrecipients.
a. General. The Executive Director understands that the City is a
subrecipient of federal awards as defined by Office of Management and
Budget (OMB) Circular A-133 and this Agreement, therefore the Executive
Director shall assist the City in the following:
(1) Maintain records that identify, in its accounts, all federal awards
received and expended and the federal programs under which they
were received, by Catalog of Federal Domestic Assistance (CFDA) title
and number, award number and year, name of the federal agency,
and name of the pass-through entity;
(2) Maintain internal controls that provide reasonable assurance that the
Contractor is managing federal awards in compliance with laws,
regulations, and provisions of contracts or grant agreements that could
have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule of
expenditures of federal awards;
(4) Incorporate OMB Circular A-133 audit requirements into all
agreements between the Contractor and its Subcontractors who are
subrecipients;
(5) Comply with any future amendments to OMB Circular A-133 and any
successor or replacement Circular or regulation;
(6) Comply with the applicable requirements of OMB Circular A-87 and
any future amendments to OMB Circular A-87, and any successor or
cim/Healthy Marriage Initiative subcontract/page 12 of 19
•
•
•
replacement Circularor regulation; and
(7) Comply with the Omnibus Crime Control and Safe streets Act of 1968,
Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act
of 1990, Title IX of the Education Amendments of 1972, The Age
Discrimination Act of 1975, and The Department of Justice Non -
Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G,
and 28 C.F.R. Part 35 and 39. (Go to www.oip.usdoi.gov/ocr/ for
additional information and access to the aforementioned Federal laws
and regulations.)
18. Termination.
a. Change in Funding. If the funds the City relied upon to establish this
Agreement are withdrawn, reduced or limited, or if additional or modified
conditions are placed on such funding, the City may immediately
terminate this Agreement by providing written notice to the Executive
Director. The termination shall be effective on the date specified in the
notice of termination.
b. Default. If for any cause, either party fails to fulfill its obligations under
this Agreement in a timely and proper manner, or if either party violates
any of the terms and conditions contained in this Agreement, then the
aggrieved party will give the other party written notice of such failure or
violation. The responsible party will be given 15 working days to correct
the violation or failure. If the failure or violation is not corrected, this
Agreement may be terminated immediately by written notice from the
aggrieved party to the other party.
c. Change in Management. Should there be a change in management or if
Linda Kraft is unable or unwilling to work at Kraft Consulting, then the City
may terminate this agreement, with or without cause, by giving not Tess
than thirty (30) calendar days written notice of termination to Kraft
Consulting.
d. Convenience. Either party may terminate this Agreement for any other
reason by providing thirty (30) calendar days written notice to the other
party.
e. Orderly Closing. In the event of termination, the Executive Director shall
perform such additional work as necessary for the orderly closing of the
project, as jointly agreed upon by both parties.
cim/Healthy Marriage Initiative subcontract/page 13 of 19
f. Payment for Performance. If this Agreement is terminated for any reason,
the City shall only pay for performance rendered or costs incurred in
accordance with the terms of this Agreement and prior to the effective
date of termination, except as agreed upon by both parties to accomplish
an orderly closing of the project.
19. Treatment of Client Property. Unless otherwise provided, the Executive
Director shall ensure that any adult client receiving services from the Executive Director
has unrestricted access to the client's personal property. The Executive Director shall
not interfere with any adult client's ownership, possession, or use of the client's
property. The Executive Director shall provide clients under age eighteen (18) with
reasonable access to their personal property that is appropriate to the client's age,
development, and needs. Upon termination of the Contract, the Executive Director
shall immediately release to the client and/or the client's guardian or custodian all of the
client's personal property.
20. No Conflict of Interest. The Executive Director 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
Agreement. The Executive Director further covenants that it will not hire anyone or any
entity having such a conflict of interest during the performance of this Agreement.
21. Waiver. Waiver of any breach or default on any occasion shall not be
deemed to be a waiver of any subsequent breach or default. Any waiver shall not be
construed to be a modification of the terms and conditions of this Agreement unless
amended as set forth in Section 1, Amendment, of the General Terms and Conditions.
Only the Contracts Administrator or designee has the authority to waive any term or
condition of this Agreement on behalf of the City.
DATED this 3014 day of June, 2006.
CITY OF YAKIMA
By:
R. A. Zais, Jr , City Manager
129 North Second Street
Yakima, WA 98901
ATTEST:
City Clerk
City Contract No. 4,200/0- 6 /
Resolution No. • 0200(0 - 9z
KRAFT CONSULTING
By: on7A
Linda C. Kraft, Kraft Consulting
1209 Fremont Hills Drive
Selah, WA 98942
cim/Healthy Marriage Initiative subcontract/page 14 of 19
•
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Exhibit B
Statement of Work
Kraft Consulting shall provide the services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth in the 2002
DSHS project application to OCSE and as forth below:
OCSE Project Teleconferences:
The Contractor shall participate in monthly phone calls led by the Federal Project Officer
for the purpose of providing program updates by June 30, 2006.
Project Set Up:
The Contractor shall complete the following by September 1, 2006:
(1) Provide input to the DSHS Program Manager for the purpose of
creating the DCS's monitoring plan, projected client participation and
identify alternative strategies for corrective action if the project is not
meeting projected targets.
(2) Provide staff names, contact information, template of survey tools
and survey results to the DSHS Program Manager.
The Contractor shall complete the following by January 1, 2007:
(3) Conduct a survey of Yakima Citizens regarding their attitudes and
behaviors on marriage and family.
(4) Conduct a survey with churches to identify family needs & future
volunteer base.
Coalition Leadership:
The Contractor shall complete the following by September 1, 2006:
(1) Identify partners in the faith communities and provide a
list of coalition leaders to the DSHS Program Manager.
(2) Establish schedule for quarterly meetings with broad
Coalition membership. Provide meeting schedule and location to DSHS
Program Manager.
(3) Work with the Yakima DCS staff to create strategies
and targets for working together on this project.
cim/Healthy Marriage Initiative subcontract/page 15 of 19
(4)
resources.
Establish relationships with local domestic violence
The Contractor shall complete the following by December 1, 2006:
(5) Conduct five (5) town meetings to hear community
needs and ideas regarding healthy marriage activities.
(6) Establish community relationships with groups identified
for entry points of program participants into the program.
(7) Develop a site-specific domestic violence protocol that
provides a setting for which victims feel comfortable self -disclosing abuse.
Work with the Third Party Evaluator to create a screening tool and protocol
that responds to the coalition's service delivery model.
(8) Provide a copy of the domestic violence protocol to
DSHS program manager for review. Any future revisions will be submitted
to the DSHS program manager for review and approval.
(9) Provide names of organizations within the coalition,
defined roles, and key contact names and address information to the DSHS
Program Manager.
The Contractor shall complete the following by March 1, 2007:
(10) Conduct coalition outreach briefings to current and prospective members
on the community survey data. Provide a list of attendees for each briefing
to the DSHS Program Manager.
Management Information System and program curricula and materials:
The contractor shall do the following by October 1, 2006:
(1) Build a centralized MIS system that enables the contractor to track
information on all program participants.
(2) Work with the National Evaluators and the DCS Program Manager to
develop and test the MIS.
(3) Obtain written approval from the National Evaluators and the DSHS Program
Manager before using the MIS to collect program participant's data.
(4) Compile data into a single database that belongs to the contractor and which
is housed on the Contractor's server.
cim/Healthy Marriage Initiative subcontract/page 16 of 19
t
•
• The contractor shall do the following by February 1, 2007:
(6) Create program brochures, handouts, and training materials that do not
inherently support religious activities. Provide copies of all project material to
DSHS Program Manager.
Five year Operational Plan:
The Contractor shall complete a fiver year operational plan that takes into consideration at
a minimum the following by October 13, 2006:
•
(1) Program curriculum,
(2) Location of service sites,
(3) Annual program enrollment goals,
(4) Volunteer protocols.
OCSE Progress Reports:
The Contractor shall complete the following:
(1) Complete a progress report to the DSHS Program Manager that will be used
to complete the DSHS semi-annual progress report to OCSE.
(2) Reports shall contain at a minimum but not be limited to the following:
(a) Major activities and accomplishments,
(b) Status of the achievement of project goals and objectives,
(c) Number of program participants,
(d) Characteristics of the participants recruited and enrolled,
(e) Number of participants who have left the program and reasons for
leaving,
(f) Identify any serious problems that occurred.
(3) The progress report due date for the first semi-annual report is October 31,
2006.
(4) The progress report due date for the second semi-annual report is January
31, 2007.
cim/Healthy Marriage Initiative subcontract/page 17 of 19.
(4) The progress report due date for the second semi-annual report is January
31, 2007.
(5) The progress report due date for the second year first semi-annual report is
October 31, 2007.
(6) The progress report due date for the second semi-annual report is January
31, 2008.
(7) Submit all progress reports to the DSHS Program Manager.
Public Awareness Campaign:
The contractor shall do the following by December 1, 2006:
(1) Develop and release project web site. Provide web site address to DSHS
Project Manager.
(2) Release public service announcement campaign for first calendar quarter of
2007.
Enrollment:
The Contractor shall begin the following by February 15, 2007:
(1) Enroll interested parties into the project programs.
(2) Provide responsible fatherhood services.
(3) Provide pre -marriage, and marriage skill building, and parent education
services.
(4) Provide monthly relationship roundtables.
Data Collection and Evaluation:
The contractor shall begin the following by March 1, 2007:
(1) Use the MIS database to input and track information on all program
participants.
(2) Provide pre and post assessment of skill level in subject matter and access
- to appropriate resources.
(3) Ten percent of participants who enroll in classes will be surveyed.
(4) Cooperate with National Evaluator in the process and/or implementation
evaluation. This will include at the minimum the following:
(a) Be available for at least two process related site visits,
cim/Healthy Marriage Initiative subcontract/page 18 of 19
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(b) The first visit shall occur within 6-12 months after the program has
started,
(c) The last visit shall occur at the conclusion of the waiver.
Reports:
The contractor shall begin the following by January 1, 2007:
(1) Prepare monthly reports that provide information on the
(a) Number of participants,
(b) Services received,
(c) Level of marital satisfaction before and after program,
(d) Satisfaction of marriage education,
(e) Number of individuals needing job assistance,
(f) If they received it and track exit from program and reason for leaving.
(2) Submit the monthly reports to the DSHS Program Manager by the 10th of the
following month for review and approval.
Training:
•
(1) The Contractor shall ensure all volunteers receive training on the domestic violence
protocol.
(2) Volunteers receive Prevention and Relationship Enhancement Program
training February 1, 2007.
cim/Healthy Marriage Initiative subcontract/page 19 of 19
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
• Item No. S-11
For Meeting of: June 10, 2008
•
ITEM TITLE: Consideration of a Resolution authorizing the execution of a contract
amendment with KRAFT CONSULTING, of Yakima, Washington, to extend the
Healthy Families Yakima program for an additional year
SUBMITTED BY: Cindy Epperson, Deputy Director of Accounting and Budgeting
CONTACT PERSON/TELEPHONE: Cindy Epperson, 575-6070
Linda Kraft, Executive Director of Healthy Families
Yakima, 452-1519
SUMMARY EXPLANATION:
At their June 6, 2006, meeting, City Council adopted Resolution 2006-92 that authorized the City
Manager to enter into an agreement with Kraft Consulting to engage Linda Kraft as Executive
Director for the Healthy Families Yakima program for which the City had contracted with DSHS to
be fiscal agent for a federal child support enforcement demonstration project.
The federal program had a 5 -year commitment; however, the original contract with Kraft
Consulting was only executed for 2 years, with the expectation that, as the program developed,
there would likely be changes identified for future contracting periods. As a result of a program
evaluation by DSHS, minor contract revisions were identified which included primarily the
additional budget and reporting dates for the 3rd year. A contract amendment with DSHS was
made at the April 15, 2008, Council meeting; this contract amendment basically mirrors that
adjustment.
This is the end of the first 2 -year term contract with the Executive Director. According to the
original contract, dated June 30th, 2006, this contract may be extended by agreement of the
parties for up to three (3) one-year extensions. This amendment is for the first of the three (3)
one-year extensions, through March 31, 2009.
Resolution 1 Ordinance _ Other (Specify)
Contract 1 Mail to (name and address): Linda Kraft, 408 N 1st St, Yakima, WA 98901
Funding Source: DCS Grand donations in the Community Services Fund
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Staff respectfully recommends approval of the resolution
authorizing the City Manager to execute the contract with Kraft Consulting.
BOARD/COMMISSION RECOMMENDATION: The Steering Committee of Healthy Families
Yakima has recommended this extension.
• COUNCIL ACTION: