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HomeMy WebLinkAboutR-2007-119 Kraft Consulting Agreement re: Healthy Families - YakimaA RESOLUTION RESOLUTION NO. R-2007-119 authorizing and directing the City Manager of the City of Yakima to execute service agreements which facilitate the mission of Healthy Families -Yakima, valued at twenty thousand dollars or Tess, presented by Kraft Consulting, the administrator of the "Greater Yakima Valley Healthy Marriage and Responsible Fatherhood Community Demonstration Initiative", and subject to the approval of the contract form by the City Attorney. WHEREAS, the "Greater Yakima Valley Healthy Marriage and Responsible Fatherhood Community Demonstration Initiative", otherwise known as "Healthy Families -Yakima", 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 and 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, having the experience and skills to perform the duties of Executive Director for Healthy Families Yakima, and WHEREAS, currently all service agreements arranged on behalf of the City by Kraft Consulting must be approved by the Yakima City Council and coordinating agreements with scheduled City Council business meetings is causing programmatic delays, WHEREAS, the Yakima City Council finds and determines that it is in the public interest to adopt the resolution set forth herein; cim/Resolution/Healthy Families/page 1 of 2 { NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Yakima, Washington: The Yakima City Council authorizes and directs the City Manager of the City of Yakima to execute service agreements which facilitate the mission of Healthy Families - Yakima, valued at twenty thousand dollars or less, presented by Kraft Consulting, the administrator of the "Greater Yakima Valley Healthy Marriage and Responsible Fatherhood Community Demonstration Initiative", and subject to the approval of the contract form by the City Attorney. This Resolution shall be effective after its adoption. ADOPTED at a regular meeting of the Council of the City of Yakima, Washington, this 28 day of August, 2007. David E • - r, ayor ATTEST: City Clerk cim/Resolution/Healthy Families/page 2 of 2 _ 20G 7-//7 Healthy Families Yakima • Contract Number: 2007 -Bethel Ridge Family Resources This contract is entered into this first day of May 2007, by and between the City of Yakima, acting as the fiscal agent for the Healthy Families Yakima program, hereinafter referred to as City, and Bethel Ridge Family Resources, hereinafter referred to as the Contractor. In consideration of the terms and conditions contained herein and the attached Statement of Work (Attachment "A"), which is made a part of this contract by this reference, the parties hereto agree as follows: 1. Purpose: The Contractor agrees to provide marriage education to those individuals and couples who are interested in gaining knowledge and skills to create and sustain healthy marriages, enhancing the effort to strengthen family relationships in Yakima County. 2. Term: The term of this Contract shall be from May 15, 2007 to June 30, 2008 and may be modified, by mutual written consent of the parties. The Contract will not be effective until signed by all parties. City reserves the right to extend this contract for additional periods, not to exceed a total of four (4) years, provided the Contractor has demonstrated satisfactory performance during the preceding contract period. Any extension or amendment of this contract shall be in writing, signed by both parties. 3. Scope of Services: Nature of Services: The nature of the services provided by the Contractor will be marriage education using the Prep marriage education materials. Statement of Work: The Contractor agrees to perform the work as outlined in the Statement of Work (Attachment "A") attached hereto and incorporated herein by this reference. Program Evaluation: The Contractor will have participants complete a program evaluation. 4. Budget: City agrees to pay for the costs incurred by the Contractor to provide marriage education as outlined in the Statement of Work, at the time, and in the manner, and upon the conditions provided. Total payments made for work performed in accordance with the Contract and the Statement of Work shall not exceed $15,616. The Contractor agrees to provide and document, at Healthy Families Yakima Contract Page 1 a minimum, the total amount of match as outlined in the Statement of Work. The Executive Director will provide instructions and format for documentation to the Contractors. 5. Billing Procedures Payments shall only be made for work and services rendered by the Contractor and which are identified in the Contract Statement of Work. City shall pay the Contractor within 30 days of receiving the properly executed invoice vouchers. Vouchers shall include such information as is necessary for the City to determine the exact nature of all expenditures. City must receive final invoices within sixty (60) calendar days after the Contract expiration date. Each voucher shall clearly reference the Contract Number. Vouchers shall be submitted to: Name Address Phone Linda Kraft, Executive Director 1209 Fremont Hills Drive, Selah, WA 98942 509.697.9625 The Contractor shall not be paid for any billings or invoices presented for work performed prior to the execution of the Contract. 6. Contract Representatives Each party to this Contract shall have a contract representative. Each party may change its representatives upon providing written notice to the other party. The parties' representatives are as follows: A. For Contractor: Name of representative: Title Mailing Address City, State, and Zip Code Telephone Number E-mail Address B. For City Name of Representative Title Mailing Address City, State, and Zip Code Telephone Number Fax Number E-mail Address Gregg Hires Executive Director P 0 Box 5 Naches, WA 98937 509.658.2992 Glenna.hires@verizon.net Cindy Epperson Financial Services Manager 129 N. Second Street Yakima, WA 98901 (509) 576-6644 (509) 576-6364 cepperso@ci.yakima.wa.us Healthy Families Yakima Contract Page 2 7. Disputes and Remedies: Disputes between the Contractor and City, arising under and by virtue of this Contract, shall be brought to the attention of the City at the earliest possible time in order that such disputes may be settled or other appropriate action promptly taken. A written description of the dispute shall be forwarded to the City Contract Representative within 10 calendar days of the incident. Any dispute relating to the quality or acceptability of performance by and/or compensation due the Contractor shall be decided by the City of Yakima's Contract Representative or designee. All rulings, orders, instructions and decisions of the City of Yakima's Contract Representative shall be final and conclusive, subject to the Contractor's right to seek judicial relief pursuant to this Section. Remedial Action: If any of the services provided by Contractor do not conform to Contract requirements, City shall consult with the Contractor and may at its sole discretion require any of the following remedial actions, taking into account the nature of the deficiency: (1) require the Contractor to take corrective action to ensure that performance conforms to Contract requirements; (2) reduce payment to reflect the reduced value of services received; (3) require the Contractor to subcontract all or part of the service at no additional cost to City; or (4) terminate the Contract. Termination for Convenience: City or the Contractor may cancel the Contract at any time, with or without cause, upon thirty (30) calendar days' written notice to the other party specifying the date of termination. Termination for Cause: Either party may terminate the Contract immediately upon written notice if at any time: (1) the other party is in material breach of any warranty, term, condition, covenant or obligation under the Contract; (2) judicial interpretation of federal or state laws, regulations, or rules renders fulfillment of the Contract infeasible or impossible; (3) contractor's license or certification required by law is suspended, not renewed, or is otherwise not in effect at the time service is provided; or (4) Contractor fails to comply with any applicable law, regulation, or rule. Upon termination by City, Contractor shall promptly discontinue all work, unless the termination notice directs otherwise, and shall deliver to City any records and other materials that may have been accumulated by Contractor during performance of the Contract. Upon termination for cause, City shall be entitled to reimbursement from Contractor for losses incurred as a result of the Contractor's breach. 8. Independent Contractor Status Contractor's status under the Contract shall be that of an independent contractor and not that of an agent or employee of City. Contractor shall be responsible for paying all employment-related taxes and benefits, such as federal and state income tax withholding, social security contributions, worker's compensation and unemployment insurance premiums, health and life insurance premiums, pension contributions and similar items. Contractor shall indemnify City and hold it harmless from any and all claims for taxes, including but not limited to social security Healthy Families Yakima Contract Page 3 taxes, penalties, attorneys' fees and costs that may be made or assessed against City arising out of Contractor's failure to pay such taxes, fees or contributions. 9. Hold Harmless and Indemnification: a. The Contractor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Contractor, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both the Contractor and the City are 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). c. Nothing contained in this Section or this Agreement shall be construed to create a liability or aright of indemnification in any third party. d. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 10. Commercial Liability Insurance Commercial General Liability: The Contractor shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 combined bodily injury and property damage per occurrence and $2,000,000 aggregate. i. The Contractor shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The Contractor's Commercial General Liability insurance shall include the City, its officers, officials, employees and agents as additional insureds. iii. The Contractor shall furnish the City with a certificate of insurance as evidence that the additional insured provision required above. If the Contractor's liability coverage is written as a claims made policy, then the Contractor must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. Healthy Families Yakima Contract Page 4 11. Subcontracting The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the City. 12. Records and Data Fiscal Records: The Contractor shall maintain fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Contract. Management Information System (MIS) Reporting: The Contractor agrees to prepare records in sufficient detail to be entered into the Healthy Families Yakima MIS reporting system, as described in the Statement of Work. Records Maintenance: The Contractor shall maintain all records and documents relevant to the Contract for three (3) years from the date of City's final payment to Contractor. • Termination of Contractor's Existence: If the existence of the Contractor is terminated by bankruptcy or any other cause, all program and fiscal records related to the Contract shall become the property of City. Records Review: All records and documents relevant to the Contract, including but not limited to fiscal records, shall be available for and subject to inspection, review or audit, and copying by City and other personnel duly authorized by them, including program and/or financial auditors. Subcontracts: The Contractor shall include the requirements of this Contract in all approved subcontracts and assignments. Confidentiality: The Contractor shall comply with all applicable state and federal laws, rules, and regulations concerning confidentiality. The City shall furnish the Contractor with copies of applicable statutes, rules, and regulations upon receipt of a written request from Contractor. Public Records: Information or documents received from Contractor may be open to public inspection and copying unless they are otherwise exempt from disclosure. Contractor shall clearly designate individual documents as "exempt" and shall indicate the basis for such exemption. Contractor shall indemnify and defend City for honoring such a designation. Contractor's failure to designate as exempt any document that is released by City shall constitute a complete waiver of any and all Contractor claims for damages caused by any such release. 13. Assurances: Charitable Choice: If the contractor is a faith -based organization, the Contractor and all approved subcontractors shall: Healthy Families Yakima Contract Page 5 • Segregate contract funds in a separate account. • Serve all participants without regard to religions, religious belief, and refusal to hold a religious; belief, or refusal to actively participate in a religious practice. • Ensure that City -referred clients' participation in religious activities, including worship, scripture study, prayer or proselytization, is only on a volunteer basis. • Notify participants of the religious nature of the organization, their right to be served without religious discrimination, their right not to take part in religious activities, their right to request an alternative provider and the process for doing so. • Ensure that contract funds are not expended on inherently religious activities. • Comply with applicable terms of 42 CFR Parts 54, 54a, and 45 CFR Parts 260 and 1050, that contain charitable choice regulations. • The Contractor shall ensure that procedural safeguards are followed in confidentiality requirements. 14. Miscellaneous Time of Performance: Time is of the essence with respect to the obligations to be performed under the Contract; therefore, the parties shall strictly comply with all times for performance. Notices: Any notice given in connection with the Contract shall be given in writing and shall be delivered either by hand or by certified mail, return receipt requested, to the other party. Attorney Fees: In the event of a legal proceeding of any kind institute under the Contract or instituted to obtain performance or to remedy a default under the Contract, the prevailing party shall be awarded such additional sums as the court may adjudge for reasonable attorney fees and to pay all costs and disbursements incurred in connection therewith. Exclusivity: This contract shall not be deemed exclusive. The City may at its discretion enter into contracts with other Contractors for the purpose of providing like services. Complete Statement of Terms. The Contract constitutes the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written, negotiations, representations, commitments, and all other communications between the parties. Healthy Families Yakima Contract Page 6 IN WITNESS WHEREOF, the parties have executed this agreement. 2 CONTRACTOR ORGANIZATION: CONTRACTING ORGANIZATION: BETHEL RIDGE FAMILY RESOURCES Name: Gregg Hires CITY OF YAKIMA Name: R. A. Zais, Jr. Title: Executive Director Date: 7I51e7 Title: City Manager Date: S/3D/0'7 Mailing Address: P 0 Box 5 Mailing Address: 129 N Second Street Naches, WA 98937 Yakima, WA 98901 Telephone No.: 509.658.2992 Telephone No.: (509) 575-6040 CITY CONTRACT NO: RESOLUTION NO: Healthy Families Yakima Contract Page 7 Attachment A Statement of Work Marriage Education Provider Name: Bethel Ridge Family Resources Address: P 0 Box 5, Naches, Washington 98937 Name of Marriage Curriculum: PREP, (Prevention and Relationship Enhancement Program) Description: By utilizing Prep training processes to equip the ministry team as class leaders and marriage coaches, the plan will include executing the classes as described in the proposal to Healthy Families Yakima (HFY) by fall of 2007. All volunteers will be trained in domestic violence training as provided by Healthy Families Yakima), use the PREP pre and post evaluation tools, register participants using the HFY Management Information System registration forms, and participate in the marriage education partnership coalition meetings. Anticipated service outcome: 48 couples Total Budget: $15,616. Match: $5,205 Total Request from Healthy Families Yakima: $15,616. /g-2667-0 Healthy Families Yakima Contract Number: 2007 -People For People This contract is entered into this first day of May 2007, by and between the City of Yakima, acting as the fiscal agent for the Healthy Families Yakima program, hereinafter referred to as City, and People for People of Yakima Valley, hereinafter referred to as the Contractor. In consideration of the terms and conditions contained herein and the attached Statement of Work (Attachment "A"), which is made a part of this contract by this reference, the parties hereto agree as follows: 1. Purpose: The Contractor agrees to provide marriage education to those individuals and couples who are interested in gaining knowledge and skills to create and sustain healthy marriages, enhancing the effort to strengthen family relationships in Yakima County. 2. Term: The term of this Contract shall be from May 15, 2007 to June 30, 2008 and may be modified, by mutual written consent of the parties. The Contract will not be effective until signed by all parties. City reserves the right to extend this contract for additional periods, not to exceed a total of four (4) years, provided the Contractor has demonstrated satisfactory performance during the preceding contract period. Any extension or amendment of this contract shall be in writing, signed by both parties. 3. Scope of Services: Nature of Services: The nature of the services provided by the Contractor will be marriage education using the Prep marriage education materials. Statement of Work: The Contractor agrees to perform the work as outlined in the Statement of Work (Attachment "A") attached hereto and incorporated herein by this reference. Program Evaluation: The Contractor will have participants complete a program evaluation. 4. Budget: 'City agrees to pay for the costs incurred by the Contractor to provide marriage education as outlined in the Statement of Work, at the time, and in the manner, and upon the conditions provided. Total payments made for work performed in accordance with the Contract and the Statement of Work shall not exceed $4,517. The Contractor agrees to provide and document, at Healthy Families Yakima Contract Page 1 a minimum, the total amount of match as outlined in the Statement of Work. The Executive Director will provide instructions and format for documentation to the Contractors. 5. Billing Procedures Payments shall only be made for work and services rendered by the Contractor and which are identified in the Contract Statement of Work. City shall pay the Contractor within 30 days of receiving the properly executed invoice vouchers. Vouchers shall include such information as is necessary for the City to determine the exact nature of all expenditures. City must receive final invoices within sixty (60) calendar days after the Contract expiration date. Each voucher shall clearly reference the Contract Number. Vouchers shall be submitted to: Name Address Phone Linda Kraft, Executive Director 1209 Fremont Hills Drive, Selah, WA 98942 509.697.9625 The Contractor shall not be paid for any billings or invoices presented for work performed prior to the execution of the Contract. 6. Contract Representatives Each party to this Contract shall have a contract representative. Each party may change its representatives upon providing written notice to the other party. The parties' representatives are as follows: A. For Contractor: Name of representative: Title Mailing Address City, State, and Zip Code Telephone Number E-mail Address B. For City Name of Representative Title Mailing Address City, State, and Zip Code Telephone Number Fax Number E-mail Address Cindy Maib-Robinson Director Employment and Training 302 W. Lincoln Yakima, WA 98902 509.895.8254 cmaib@pfp.org Cindy Epperson Financial Services Manager 129 N. Second Street Yakima, WA 98901 (509) 576-6644 (509) 576-6364 cepperso@ci.yakima.wa.us Healthy Families Yakima Contract Page 2 1 7. Disputes and Remedies: Disputes between the Contractor and City, arising under and by virtue of this Contract, shall be brought to the attention of the City at the earliest possible time in order that such disputes may be settled or other appropriate action promptly taken. A written description of the dispute shall be forwarded to the City Contract Representative within 10 calendar days of the incident. Any dispute relating to the quality or acceptability of performance by and/or compensation due the Contractor shall be decided by the City of Yakima's Contract Representative or designee. All rulings, orders, instructions and decisions of the City of Yakima's Contract Representative shall be final and conclusive, subject to the Contractor's right to seek judicial relief pursuant to this Section. Remedial Action: If any of the services provided by Contractor do not conform to Contract requirements, City shall consult with the, Contractor and may at its sole discretion require any of the following remedial actions, taking into account the nature of the deficiency: (1) require the Contractor to take corrective action to ensure that performance conforms to Contract requirements; (2) reduce payment to reflect the reduced value of services received; (3) require the Contractor to subcontract all or part of the service at no additional cost to City; or (4) terminate the Contract. Termination for Convenience: City or the Contractor may cancel the Contract at any time, with or without cause, upon thirty (30) calendar days' written notice to the other party specifying the date of termination. Termination for Cause: Either party may terminate the Contract immediately upon written notice if at any time: (1) the other party is in material breach of any warranty, term, condition, covenant or obligation under the Contract; (2) judicial interpretation of federal or state laws, regulations, or rules renders fulfillment of the Contract infeasible or impossible; (3) contractor's license or certification required by law is suspended, not renewed, or is otherwise not in effect at the time service is provided; or (4) Contractor fails to comply with any applicable law, regulation, or rule. Upon termination by City, Contractor shall promptly discontinue all work, unless the termination notice directs otherwise, and shall deliver to C'ity any records and other materials that may have been accumulated by Contractor during performance of the Contract. Upon termination for cause, City shall be entitled to reimbursement from Contractor for losses incurred as a result of the Contractor's breach. 8. Independent Contractor Status Contractor's status under the Contract shall be that of an independent contractor and not that of an agent or employee of City. Contractor shall be responsible for paying all employment-related taxes and benefits, such as federal and state income tax withholding, social security contributions, worker's compensation and unemployment insurance premiums, health and life insurance premiums, pension contributions and similar items. Contractor shall indemnify City and hold it harmless from any and all claims for taxes, including but not limited to social security Healthy Families Yakima Contract Page 3 taxes, penalties, attorneys' fees and costs that may be made or assessed against City arising out of Contractor's failure to pay such taxes, fees or contributions. 9. Hold Harmless and Indemnification: a. The Contractor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Contractor, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both the Contractor and the City are 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). c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. d. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 10. Commercial Liability Insurance Commercial General Liability: The Contractor shall maintain Commercial General Liability coverage at each site for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 combined bodily injury and property damage per occurrence and $2,000,000 aggregate. i. The Contractor shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The Contractor's Commercial General Liability insurance shall include the City, its officers, officials, employees and agents as additional insureds. iii. The Contractor shall furnish the City with a certificate of insurance as evidence that the additional insured provision required above. If the Contractor's liability coverage is written as a claims made policy, then the Contractor must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. Healthy Families Yakima Contract Page 4 11. Subcontracting The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the City. 12. Records and Data Fiscal Records: The Contractor shall maintain fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Contract. Management Information System (MIS) Reporting: The Contractor agrees to prepare records in sufficient detail to be entered into the Healthy Families Yakima MIS reporting system, as described in the Statement of Work. Records Maintenance: The Contractor shall maintain all records and documents relevant to the Contract for three (3) years from the date of City's final payment to Contractor. Termination of Contractor's Existence: If the existence of the Contractor is terminated by bankruptcy or any other cause, all program and fiscal records related to the Contract shall become the property of City. Records Review: All records and documents relevant to the Contract, including but not limited to fiscal records, shall be available for and subject to inspection, review or audit, and copying by City and other personnel duly authorized by them, including program and/or financial auditors. Subcontracts: The Contractor shall include the requirements of this Contract in all approved subcontracts and assignments. Confidentiality: The Contractor shall comply with all applicable state and federal laws, rules, and regulations concerning confidentiality. The City shall furnish the Contractor with copies of applicable statutes, rules, and regulations upon receipt of a written request from Contractor. Public Records: Information or documents received from Contractor may be open topublic inspection and copying unless they are otherwise exempt from disclosure. Contractor shall clearly designate individual documents as "exempt" and shall indicate the basis for such exemption. Contractor shall indemnify and defend City for honoring such a designation. Contractor's failure to designate as exempt any document that is released by City shall constitute a complete waiver of any and all Contractor claims for damages caused by any such release. 13. Assurances: Charitable Choice: LIf the contractor is a faith -based organization, the Contractor and all approved subcontractors shall: Healthy Families Yakima Contract Page 5 • Segregate contract funds in a separate account. • Serve all participants without regard to religions, religious belief, and refusal to hold a religious; belief, or refusal to actively participate in a religious practice. • Ensure that City -referred clients' participation in religious activities, including worship, scripture study, prayer or proselytization, is only on a volunteer basis. • Notify participants of the religious nature of the organization, their right to be served without religious discrimination, their right not to take part in religious activities, their right to request an alternative provider and the process for doing so. • Ensure that contract funds are not expended on inherently religious activities. • Comply with applicable terms of 42 CFR Parts 54, 54a, and 45 CFR Parts 260 and 1050, that contain charitable choice regulations. • The Contractor shall ensure that procedural safeguards are followed in confidentiality requirements. 14. Miscellaneous Time of Performance: Time is of the essence with respect to the obligations to be performed under the Contract; therefore, the parties shall strictly comply with all times for performance. Notices: Any notice given in connection with the Contract shall be given in writing and shall be delivered either by hand or by certified mail, return receipt requested, to the other party. Attorney Fees: In the event of a legal proceeding of any kind institute under the Contract or instituted to obtain performance or to remedy a default under the Contract, the prevailing party shall be awarded such additional sums as the court may adjudge for reasonable attorney fees and to pay all costs and disbursements incurred in connection therewith. Exclusivity: This contract shall not be deemed exclusive. The City may at its discretion enter into contracts with other Contractors for the purpose of providing like services. Complete Statement of Terms. The Contract constitutes the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written, negotiations, representations, commitments, and all other communications between the parties. Healthy Families Yakima Contract Page 6 IN WITNESS WHEREOF, the parties have executed this agreement. 2 CONTRACTOR ORGANIZATION: CONTRACTING ORGANIZATION: PEOPLE FOR PEOPLE ame: Madelyn Cara Title: CEO Date: CITY OF YAKIMA Name: R. A. Zais, Jr. Title: City Manager Date: Mailing Address: 302 W. Lincoln Ave. Mailing Address: 129 N Second Street Yakima, WA 98902 Yakima, WA 98901 Telephone No.: 509.895.8254 Telephone No.: (509) 575-6040 CITY CONTRAC r NO: RESOLUTION NO: Healthy Families Yakima Contract Page 7 Attachment A Statement of Work Marriage Education Provider Name: People For People Address: 302 West Lincoln Avenue, Yakima, WA 98902 Name of Marriage Curriculum: PREP, (Prevention and Relationship Enhancement Program) Description: By utilizing Prep training processes to equip the ministry team as class leaders and marriage coaches, the plan will include executing the classes as described in the proposal to Healthy Families Yakima (HFY) by fall of 2007. All volunteers will be trained in domestic violence training as provided by Healthy Families Yakima), use the PREP pre and post evaluation tools, register participants using the HFY Management Information System registration forms, and participate in the marriage education partnership coalition meetings. Anticipated service outcome: 72 participants Total Budget: $4,517. Match: $1,490 Total Request from Healthy Families Yakima: $4,51 7 Healthy Families Yakima Contract Number: 2007 -United Christian Church This contract is entered into this first day of May 2007, by and between the City of Yakima, acting as the fiscal agent for the Healthy Families Yakima program, hereinafter referred to as City, and United Christian Church, hereinafter referred to as the Contractor. In consideration of the terms and conditions contained herein and the attached Statement of Work (Attachment "A"), which is made a part of this contract by this reference, the parties hereto agree as follows: 1. Purpose: The Contractor agrees to provide marriage education to those individuals and couples who are interested in gaining knowledge and skills to create and sustain healthy marriages, enhancing the effort to strengthen family relationships in Yakima County. 2. Term: The term of this Contract shall be from May 15, 2007 to June 30, 2008 and may be modified, by mutual written consent of the parties. The Contract will not be effective until signed by all parties. City reserves the right to extend this contract for additional periods, not to exceed a total of four (4) years, provided the Contractor has demonstrated satisfactory performance during the preceding contract period. Any extension or amendment of this contract shall be in writing, signed by both parties. 3. Scope of Services: Nature of Services: The nature of the services provided by the Contractor will be marriage education using the Prep marriage education materials. Statement of Work: The Contractor agrees to perform the work as outlined in the Statement of Work (Attachment "A") attached hereto and incorporated herein by this reference. Program Evaluation: The Contractor will have participants complete a program evaluation. . ` Budget: City agrees to pay for the costs incurred by the Contractor to provide marriage education as outlined in the Statement of Work, at the time, and in the manner, and upon the conditions provided. Total payments made for work performed in accordance with the Contract and the Statement of Work shall not exceed $18,555. The Contractor agrees to provide and document, at Healthy Families Yakima Contract Page 1 a minimum, the total amount of match as outlined in the Statement of Work. The Executive Director will provide instructions and format for documentation to the Contractors. 5. Billing Procedures Payments shall only be made for work and services rendered by the Contractor and which are identified in the Contract Statement of Work. City shall pay the Contractor within 30 days of receiving the properly executed invoice vouchers. Vouchers shall include such information as is necessary for the City to determine the exact nature of all expenditures. City must receive final invoices within sixty (60) calendar days after the Contract expiration date. Each voucher shall clearly reference the Contract Number. Vouchers shall be submitted to: Name Address Phone Linda Kraft, Executive Director 1209 Fremont Hills Drive, Selah, WA 98942 509.697.9625 The Contractor shall not be paid for any billings or invoices presented for work performed prior to the execution of the Contract. 6. Contract Representatives Each party to this Contract shall have a contract representative. Each party may change its representatives upon providing written notice to the other party. The parties' representatives are as follows: A. For Contractor: Name of representative: Title Mailing Address City, State, and Zip Code Telephone Number B. For City Name of Representative Title Mailing Address City, State, and Zip Code Telephone Number Fax Number E-mail Address 7. Disputes and Remedies: Rev. Eric Don Anderson Co -Pastor 317 S. 41st. Street Yakima, WA 98901 509.248.6104 Cindy Epperson Financial Services Manager 129 N. Second Street Yakima, WA 98901 (509) 576-6644 (509) 576-6364 cepperso@ci.yakima.wa.us Healthy Families Yakima Contract Page 2 Disputes between the Contractor and City, arising under and by virtue of this Contract, shall be brought to the attention of the City at the earliest possible time in order that such disputes may be settled or other appropriate action promptly taken. A written description of the dispute shall be forwarded to the City Contract Representative within 10 calendar days of the incident. Any dispute relating to the quality or acceptability of performance by and/or compensation due the Contractor shall be decided by the City of Yakima's Contract Representative or designee. All rulings, orders, instructions and decisions of the City of Yakima's Contract Representative shall be final and conclusive, subject to the Contractor's right to seek judicial relief pursuant to this Section. Remedial Action: If any of the services provided by Contractor do not conform to Contract requirements, City shall consult with the Contractor and may at its sole discretion require any of the following remedial actions, taking into account the nature of the deficiency: (1) require the Contractor to take corrective action to ensure that performance conforms to Contract requirements; (2) reduce payment to reflect the reduced value of services received; (3) require the Contractor to subcontract all or part of the service at no additional cost to City; or (4) terminate the Contract. Termination for Convenience: City or the Contractor may cancel the Contract at any time, with or without cause, upon thirty (30) calendar days' written notice to the other party specifying the date of termination. Termination for Cause: Either party may terminate the Contract immediately upon written notice if at any time: (1) the other party is in material breach of any warranty, term, condition, covenant or obligation under the Contract; (2) judicial interpretation of federal or state laws, regulations, or rules renders fulfillment of the Contract infeasible or impossible; (3) contractor's license or certification required by law is suspended, not renewed, or is otherwise not in effect at the time service is provided; or (4) Contractor fails to comply with any applicable law, regulation, or rule. Upon termination by City, Contractor shall promptly discontinue all work, unless the termination notice directs otherwise, and shall deliver to City any records and other materials that may have been accumulated by Contractor during performance of the Contract. Upon termination for cause, City shall be entitled to reimbursement from Contractor for losses incurred as a result of the Contractor's breach. 8. Independent Contractor Status Contractor's status under the Contract shall be that of an independent contractor and not that of an agent or employee of City. Contractor shall be responsible for paying all employment-related taxes and benefits, such as federal and state income tax withholding, social security contributions, worker's compensation and unemployment insurance premiums, health and life insurance premiums, pension contributions and similar items. Contractor shall indemnify City and hold it harmless from any and all claims for taxes, including but not limited to social security taxes, penalties, attorneys' fees and costs that may be made or assessed against City arising out of Contractor's failure to pay such taxes, fees or contributions. Healthy Families Yakima Contract Page 3 9. Hold Harmless and Indemnification: a. The Contractor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Contractor, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both the Contractor cind the City are 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). c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. d. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 10. Commercial Liability Insurance Commercial General Liability: The Contractor shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 combined bodily injury and property damage per occurrence and $2,000,000 aggregate. i. The Contractor shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The Contractor's Commercial General Liability insurance shall include the City, its officers, officials, employees and agents as additional insureds. iii. The Contractor shall furnish the City with a certificate of insurance as evidence that the additional insured provision required above. If the Contractor's liability coverage is written as a claims made policy, then the Contractor must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. 11. Subcontracting Healthy Families Yakima Contract Page 4 The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the City. 12. Records and Data Fiscal Records: The Contractor shall maintain fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Contract. Management Information System (MIS) Reporting: The Contractor agrees to prepare records in sufficient detail to be entered into the Healthy Families Yakima MIS reporting system, as described in the Statement of Work. Records Maintenance: The Contractor shall maintain all records and documents relevant to the Contract for three (3) years from the date of City's final payment to Contractor. Termination of Contractor's Existence: If the existence of the Contractor is terminated by bankruptcy or any other cause, all program and fiscal records related to the Contract shall become the property of City. Records Review: All records and documents relevant to the Contract, including but not limited to fiscal records, shall be available for and subject to inspection, review or audit, and copying by City and other personnel duly authorized by them, including program and/or financial auditors. Subcontracts: The Contractor shall include the requirements of this Contract in all approved subcontracts and assignments. Confidentiality: The Contractor shall comply with all applicable state and federal laws, rules, and regulations concerning confidentiality. The City shall furnish the Contractor with copies of applicable statutes, rules, and regulations upon receipt of a written request from Contractor. Public Records: Information or documents received from Contractor may be open to public inspection and copying unless they are otherwise exempt from disclosure. Contractor shall clearly designate individual documents as "exempt" and shall indicate the basis for such exemption. Contractor shall indemnify and defend City for honoring such a designation. Contractor's failure to designate as exempt any document that is released by City shall constitute a complete waiver of any and all Contractor claims for damages caused by any such release. 13. Assurances: Charitable Choice: If the contractor is a faith -based organization, the Contractor and all approved subcontractors shall: o Segregate contract funds in a separate account. Healthy Families Yakima Contract Page 5 • Serve all participants without regard to religions, religious belief, and refusal to hold a religious; belief, or refusal to actively participate in a religious practice. • Ensure that City -referred clients' participation in religious activities, including worship, scripture study, prayer or proselytization, is only on a volunteer basis. • Notify participants of the religious nature of the organization, their right to be served without religious discrimination, their right not to take part in religious activities, their right to request an alternative provider and the process for doing so. • Ensure that contract funds are not expended on inherently religious activities. • Comply with applicable terms of 42 CFR Parts 54, 54a, and 45 CFR Parts 260 and 1050, that contain charitable choice regulations. • The Contractor shall ensure that procedural safeguards are followed in confidentiality requirements. 14. Miscellaneous Time of Performance: Time is of the essence with respect to the obligations to be performed under the Contract; therefore, the parties shall strictly comply with all times for performance. Notices: Any notice given in connection with the Contract shall be given in writing and shall be delivered either by hand or by certified mail, return receipt requested, to the other party. Attorney Fees: In the event of a legal proceeding of any kind institute under the Contract or instituted to obtain performance or to remedy a default under the Contract, the prevailing party shall be awarded such additional sums as the court may adjudge for reasonable attorney fees and to pay all costs and disbursements incurred in connection therewith. Exclusivity: This contract shall not be deemed exclusive. The City may at its discretion enter into contracts with other Contractors for the purpose of providing like services. Complete Statement of Terms. The Contract constitutes the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written, negotiations, representations, commitments, and all other communications between the parties. Healthy Families Yakima Contract Page 6 IN WITNESS WHEREOF, the parties have executed this agreement. CONTRACTOR ORGANIZATION: CONTRACTING ORGANIZATION: UNITED CHRISTIAN CHURCH CITY OF YAKIMA Name: Edward Birge Title: Moderator r1 Date: July 11, 2007 Name: R. A. Zais, Jr. Title: City Manager Date: Mailing Address: 317 S. 41st Street Mailing Address: 129 N Second Street Yakima, WA 98901 Yakima, WA 98901 Telephone No.: (509) 952-2705 Telephone No.: (509) 575-6040 CITY CONTRAC f NO: Za 7-67 5 K RESOLUTION NO: A407 -1(-/p Healthy Families Yakima Contract Page 7 Attachment A Statement of Work Marriage Education Provider Name: United Christian Church Address: 317 South 41s1 Street, Yakima, Washington 98801 Name of Marriage Curriculum: PREP, (Prevention and Relationship Enhancement Program) Description: By utilizing Prep training processes to equip the ministry team as class leaders and marriage coaches, the plan will include executing the classes as described in the proposal to Healthy Families Yakima (HFY) by fall of 2007. All volunteers will be trained in domestic violence training as provided by Healthy Families Yakima), use the PREP pre and post evaluation tools, register participants using the HFY Management Information System registration forms, and participate in the marriage education partnership coalition meetings. Anticipated service outcome: 45 couples Total Budget: $18,555. Match: $6185. Total Request from Healthy Families Yakima: $18,555 Healthy Families Yakima Contract Number: 2007 -Family Connections This contract is entered into this first day of May 2007, by and, between the City of Yakima, acting as the fiscal agent for the Healthy Families Yakima program, hereinafter referred to as City, and Family Connections of Yakima Valley, hereinafter referred to as the Contractor. In consideration of the terms and conditions contained herein and the attached Statement of Work (Attachment "A"), which is made a part of this contract by this reference, the parties hereto agree as follows: 1. Purpose: The Contractor agrees to provide marriage education to those individuals and couples who are interested in gaining knowledge and skills to create and sustain healthy marriages, enhancing the effort to strengthen family relationships in Yakima County. 2. Term: The term of this Contract shall be from May 15, 2007 to June 30, 2008 and may be modified, by mutual written consent of the parties. The Contract will not be effective until signed by all parties. City reserves the right to extend this contract for additional periods, not to exceed a total of four (4) years, provided the Contractor has demonstrated satisfactory performance during the preceding contract period. Any extension or amendment of this contract shall be in writing, signed by both parties. 3. Scope of Services: Nature of Services: The nature of the services provided by the Contractor will be marriage education using the Prep marriage education materials. Statement of Work: The Contractor agrees to perform the work as outlined in the Statement of Work (Attachment "A") attached hereto and incorporated herein by this reference. Program Evaluation: The Contractor will have participants complete a program evaluation. 4. Budget: City agrees to pay for the costs incurred by the Contractor to provide marriage education as outlined in the Statement of Work, at the time, and in the manner, and upon the conditions provided. Total payments made for work performed in accordance with the Contract and the Statement of Work shall not exceed $2,800. The Contractor agrees to provide and document, at Healthy Families Yakima Contract Page 1 a minimum, the total amount of match as outlined in the Statement of Work. The Executive Director will provide instructions and format for documentation to the Contractors. 5. Billing Procedures Payments shall only be made for work and services rendered by the Contractor and which are identified in the Contract Statement of Work. City shall pay the Contractor within 30 days of receiving the properly executed invoice vouchers. Vouchers shall include such information as is necessary for the City to determine the exact nature of all expenditures. City must receive final invoices within sixty (60) calendar days after the Contract expiration date. Each voucher shall clearly reference the Contract Number. Vouchers shall be submitted to: Name Address Phone Linda Kraft, Executive Director 1209 Fremont Hills Drive, Selah, WA 98942 509.697.9625 The Contractor shall not be paid for any billings or invoices presented for work performed prior to the execution of the Contract. 6. Contract Representatives Each party to this Contract shall have a contract representative. Each party may change its representatives upon providing written notice to the other party. The parties' representatives are as follows: A. For Contractor: Name of representative: Title Mailing Address City, State, and Zip Code Telephone Number E-mail Address B. For City Name of Representative Title Mailing Address City, State, and Zip Code Telephone Number Fax Number E-mail Address Gary Schenck Board Chairman P O Box 370 Grandview, WA 98930 509.882.1660 gs@gvnaz.org Cindy Epperson Financial Services Manager 129 N. Second Street Yakima, WA 98901 (509) 576-6644 (509) 576-6364 cepperso@ci.yakima. wa. us Healthy Families Yakima Contract Page 2 7. Disputes and Remedies: Disputes between the Contractor and City, arising under and by virtue of this Contract, shall be brought to the attention of the City at the earliest possible time in order that such disputes may be settled or other appropriate action promptly taken. A written description of the dispute shall be forwarded to the City Contract Representative within 10 calendar days of the incident. Any dispute relating to the quality or acceptability of performance by and/or compensation due the Contractor shall be decided by the City of Yakima's Contract Representative or designee. All rulings, orders, instructions and decisions of the City of Yakima's Contract Representative shall be final and conclusive, subject to the Contractor's right to seek judicial relief pursuant to this Section. Remedial Action: If any of the services provided by Contractor do not conform to Contract requirements, City shall consult with the Contractor and may at its sole discretion require any of the following remedial actions, taking into account the nature of the deficiency: (1) require the Contractor to take corrective action to ensure that performance conforms to Contract requirements; (2) reduce payment to reflect the reduced value of services received; (3) require the Contractor to subcontract all or part of the service at no additional cost to City; or (4) terminate the Contract. Termination for Convenience: City or the Contractor may cancel the Contract at any time, with or without cause, upon thirty (30) calendar days' written notice to the other party specifying the date of termination. Termination for Cause: Either party may terminate the Contract immediately upon written notice if at any time: (1) the other party is in material breach of any warranty, term, condition, covenant or obligation under the Contract; (2) judicial interpretation of federal or state laws, regulations, or rules renders fulfillment of the Contract infeasible or impossible; (3) contractor's license or certification required by law is suspended, not renewed, or is otherwise not in effect at the time service is provided; or (4) Contractor fails to comply with any applicable law, regulation, or rule. Upon termination by City, Contractorshall promptly -discontinue all work, unless the termination notice directs otherwise, and shall deliver to City any records and other materials that may have been accumulated by Contractor during performance of the Contract. Upon termination for cause, City shall be entitled to reimbursement from Contractor for losses incurred as a result of the Contractor's breach. 8. Independent Contractor Status Contractor's status under the Contract shall be that of an independent contractor and not that of an agent or employee of City. Contractor shall be responsible for paying all employment-related taxes and benefits, such as federal and state income tax withholding, social security contributions, worker's compensation and unemployment insurance premiums, health and life insurance premiums, pension contributions and similar items. Contractor shall indemnify City and hold it harmless from any and all claims for taxes, including but not limited to social security Healthy Families Yakima Contract Page 3 taxes, penalties, attorneys' fees and costs that may be made or assessed against City arising out of Contractor's failure to pay such taxes, fees or contributions. 9. Hold Harmless and Indemnification: a. The Contractor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Contractor, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both the Contractor and the City are 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). c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. d. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 10. Commercial Liability Insurance Commercial General Liability: The Contractor shall maintain Commercial General Liability coverage at each site for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 combined bodily injury and property damage per occurrence and $2,000,000 aggregate. i. The Contractor shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The Contractor's Commercial General Liability insurance shall include the City, its officers, officials, employees and agents as additional insureds. iii. The Contractor shall furnish the City with a certificate of insurance as evidence that the additional insured provision required above. If the Contractor's liability coverage is written as a claims made policy, then the Contractor must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. Healthy Families Yakima Contract Page 4 11. Subcontracting The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the City. 12. Records and Data Fiscal Records: The Contractor shall maintain fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Contract. Management Information System (MIS) Reporting: The Contractor agrees to prepare records in sufficient detail to be entered into the Healthy Families Yakima MIS reporting system, as described in the Statement of Work. Records Maintenance: The Contractor shall maintain all records and documents relevant to the Contract for three (3) years from the date of City's fmal payment to Contractor. Termination of Contractor's Existence: If the existence of the Contractor is terminated by bankruptcy or any other cause, all program and fiscal records related to the Contract shall become the property of City. Records Review: All records and documents relevant to the Contract, including but not limited to fiscal records, shall be available for and subject to inspection, review or audit, and copying by City and other personnel duly authorized by them, including program and/or financial auditors. Subcontracts: The Contractor shall include the requirements of this Contract in all approved subcontracts and assignments. Confidentiality: The Contractor shall comply with all applicable state and federal laws, rules, and regulations concerning confidentiality. The City shall furnish the Contractor with copies of applicable statutes, rules, and regulations upon receipt of a written request from Contractor. Public Records: Information or documents received from Contractor may be open to public inspection and copying unless they are otherwise exempt from disclosure. Contractor shall clearly designate individual documents as "exempt" and shall indicate the basis for such exemption. Contractor shall indemnify and defend City for honoring such a designation. Contractor's. failure to designate as exempt any document that is released by City shall constitute a complete waiver of any and all Contractor claims for damages caused by any such release. 13. Assurances: Charitable Choice: If the contractor is a faith -based organization, the Contractor and all approved subcontractors shall: Healthy Families Yakima Contract Page 5 • Segregate contract funds in a separate account. • Serve all participants without regard to religions, religious belief, and refusal to hold a religious; belief, or refusal to actively participate in a religious practice. • Ensure that City -referred clients' participation in religious activities, including worship, scripture study, prayer or proselytization, is only on a volunteer basis. • Notify participants of the religious nature of the organization, their right to be served without religious discrimination, their right not to take part in religious activities, their right to request an alternative provider and the process for doing so. • Ensure that contract funds are not expended on inherently religious activities. • Comply with applicable terms of 42 CFR Parts 54, 54a, and 45 CFR Parts 260 and 1050, that contain charitable choice regulations. • The Contractor shall ensure that procedural safeguards are followed in confidentiality requirements. 14. Miscellaneous Time of Performance: Time is of the essence with respect to the obligations to be performed under the Contract; therefore, the parties shall strictly comply with all times for performance. Notices: Any notice given in connection with the Contract shall be given in writing and shall be delivered either by hand or by certified mail, return receipt requested, to the other party. Attorney Fees: In the event of a legal proceeding of any kind institute under the Contract or instituted to obtain performance or to remedy a default under the Contract, the prevailing party shall be awarded such additional sums as the court may adjudge for reasonable attorney fees and to pay all costs and disbursements incurred in connection therewith. Exclusivity: This contract shall not be deemed exclusive. The City may at its discretion enter into contracts with other Contractors for the purpose of providing like services. Complete Statement of Terms. The Contract constitutes the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written, negotiations, representations, commitments, and all other communications between the parties. Healthy Families Yakima Contract Page 6 IN WITNESS WHEREOF, the parties have executed this agreement. 2 CONTRACTOR ORGANIZATION: CONTRACTING ORGANIZATION: FAMILY CONNECTIONS OF YAKIMA CITY OF YAKIMA VALLEY Name: Gary Sch Name: R. A. Zais, Jr. C G� Title. Board Chairman . Title: City Manager Date: Date: Mailing Address: P 0 Box 370 Mailing Address: 129 N Second Street Grandview, WA 98930 Yakima, WA 98901 Telephone No.: 509.882.1660 Telephone No.: (509) 575-6040 Healthy Families Yakima Contract Page 7 Attachment A Statement of Work Marriage Education Provider Name: Family Connections of Yakima Valley Address: P 0 Box 370, Grandview, WA 98930 Name of Marriage Curriculum: PREP, (Prevention and Relationship Enhancement Program) Description: By utilizing PREP training processes to equip class leaders and marriage coaches, the plan will include executing the classes as described in the proposal to Healthy Families Yakima (HFY) by fall of 2007. All volunteers will be trained in domestic violence training as provided by Healthy Families Yakima), use the PREP pre and post evaluation tools, register participants using the HFY Management Information System registration forms, and participate in the marriage education partnership coalition meetings. Anticipated service outcome: 50 participants Total Budget: $2,800 Match: $899 Total Request from Healthy Families Yakima: $1,901 POLICY NUMBER: XSL G22905715 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: SCHEDULE COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) Cite of Yakima, its officers, officials, employees and agents 129 No. Second Street Yakima, WA 98901 In regards to the Healthy Families Yakima Contract, May 15, 2007 through June 30, 2008. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ ACORD TM CERTIFICATE OF LIABILITY INSURANCEDA (MWDD TE (MM/DD/YY) o3/12/2008 PRODUCER Wendy H Miller Church Mutual Insurance Company Schuster Lane 3000 L Merrill WI 544 2 If calling from Washington: 1-800.554.2642 Option 1 If caning from Outside Washington: 1-800-5542642 Option 9. then area code 509 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED CHURCH OF THE NAZARENE 500 N ELM GRANDVIEW WA 98930 Group INSURER A: Church Mutual Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE DATE (MMIDD/YY) POUCY EXPIRATION DATE (MMIDD/YY) LIMITS A GENERAL UABILITY Z COMMERCIAL GENERAL LIABIUTY CLAIMS MADEOCCURRENCE GENT AGGREGATE LIMIT APPLIES PER: Z POLICY U LOCATION PROJECT 0216682-02-486760 03/2212005 03/22/2008 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one Tiro) $ MED EXP (Any one person) $ 10,000 PERSONAL E. ADV INJURY $ 1,000 000 GENERAL AGGAEGATE $ 3,000,000 PRODUCTS -COMP/OP A013 $ 1,000,000 $ AUTOMOBILE UAaIUTY ANY AUTO ��1 ALL OWNED AUTOS `J SCHEDULED AUTOS HIRED AUTOS D NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea Accident) $ BODILY INJURY (Per Poison) $ BODILY INJURY (Per Aecldent $ PROPERTY DAMAGE (Par Accident) $ GARAGE UABILITY ANY AUTO$ AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ EXCESS LIABILITY D OCCURRENCE U CLAIMS MADE DEDUCTIBLE III RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS UM:PINY i WC STATUTORY UNITS D OTHER EL EACH ACCIDENT $ EL DISEASE -EA EMPLOYEE $ EL. DISEASE - POUCY USW $ OTHER $ DESCRIPTION OF OPERATIONSfLOCA1IONSNEHICLB$IEXCLUSIONS ADDED BY ENDORSEMENTEPECIAL PROVISIONS Evidence of Uabnity Insurance for use of insured's premises for Healthy Family Meetings being held there. Subject to the coverage provided by the referenced policy. ✓CERTIFICATE HOLDER ❑ ADDITIONAL INSURED: INSURER LETTER: CANCELLATION City of Yakima 120 North Second Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POUCIEB BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO T148 CERTIFICATE HOLDER NAMED TO THE LEFT; BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATOR OR LIABIUTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES ACORD 25-5 (7197) AUTH RESER TTVfiin v4 9 ®ACORD CORPORATION 1988 CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder Grace Fellowship Address of policyholder Location of operations Description of operations Po Box 1610 Prosser Wa 99350 SAME church The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Date LIMITS OF LIABILITY (at beginning of policy period) 98-71-0636-8 f This insurance includes: Comprehensive Business Liability 4 Products - Completed Operations Contractual Liability ►4 Personal Injury :I Advertising Injury ■ I♦ II 05/12/07 05/12/09 BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $1,000,000 General Aggregate $ 2, 000, 000 Products — Completed $ 2 , 000 , 000 Operations Aggregate EXCESS LIABILITY POLICY PERIOD Effective Date i Expiration Date BODILY INJURY AND PROPERTY DAMAGE .. (Combined Single Limit) Each Occurrence $ Aggregate $ • Umbrella • Other Workers' Compensation and Employers Liability POLICY PERIOD Effective Date � Expiration Date Part I - Workers Compensation - Statutory • Part II - Employers Liability Each Accident $ Disease - Each Employee $ Disease - Policy Limlt $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) • TI -IF CERTIFICATF OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder City of Yakima 558-994 a.6 Printed in U.S.A. Rev. 05-09-2006 If any of the described policies are canceled before their expiration date, State Farm will try to mail a written notice to the certificate holder 90 days before cancellation. If however, we fail to mail such notice, -no-obligation or liability will be imposed on State Farm i . or its agents or representatives. 'Signature or-Authonzeed Representative 03/07/08 Title Date Richard S Poteet Agent Name Telephone Number 1-509-786-3630 Agent's Code Stamp Agent Code 2480 AFO Code f488 A.CORDrm CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IDATE (MM/DD/YYYY) 02/27/2008 PRODUCER (509) 882-2200 Central Washington Realty & Insurance "70 Division St. Box 338 Grandview WA 98930 - INSURED Grandview Christian Church 310 Euclid Ave INSURERS AFFORDING COVERAGE NAIC # Grandview WA 98930 - INSURER A: Church Mutual INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER. PRO- -1 POLICY JECT n LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 0035806-02-431025 EACH OCCURRENCE 300,000 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) 300,000 S 5,000 PERSONAL & ADV INJURY S 300,000 GENERAL AGGREGATE $ 900,000 PRODUCTS - COMP/OP AGG $ 300,000 COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER I WC STAT- ITORY LIMITUS l IO ETR E.L. EACH ACCIDENT S E L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ( ) CANCELLATION Additional Insured: City of Yakima 129 N 29th St Yakima WA 98901 - ACORD 25 (2001/08) ^ INS025 (0108).05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 010 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESE/JTATIVES. AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 ELECTRONIC LASER FORMS, INC. - (800)327-0545 Page 1 of 2 • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.* 10 For Meeting of: August 28, 2007 Consideration of a Resolution authorizing the City Manager to execute service agreements for programs to facilitate the mission of Healthy Families - Yakima SUBMITTED BY: Cindy Epperson, Financial Services Manager CONTACT PERSON/TELEPHONE: Linda Kraft, Excecutive Director, 697-9625 Cindy Epperson, Financial Services Manager, 575-6070 SUMMARY EXPLANATION: In June, 2006, the City Council entered into agreements to become the fiscal agent for a Federal Department of Health and Human Services (DHHS) demonstration project to test the effectiveness of altemative approaches to the child support enforcement issue. The: emphasis of this project is to strengthen marriages and promote responsible fatherhood which should decrease the need for child support enforcement, along with other positive outcomes for the community. The local steering committee has titled this program "Healthy Families - Yakima" (HFY), and it is basically on -track with the goals set forth in the grant application. A major aspect of the program is a marriage education component. The steering committee reviewed proposals from various service providers and accepted five of these for programs to be conducted in 2007. A summary of the service providers and related project expense follows: United Christian Church : $18,555 Bethel Ridge Family Resources: $15,615 West Side Baptist Church: $7,232 People For People: $4,517 Family Connections of Yakima Valley: $2,800 The total cost of these programs is $48,719, and is included in the 2007 budget in the 127 — Community Services Fund. It should be noted that this demonstration project is authorized at the Federal level to include "faith -based" service providers, and the applicable federal regulations are referenced in these contracts. To date, the executive director has met with representatives of all five of these providers to explain the terms of the contract. Additionally, each of the entities participated in the curriculum training provided by HFY and have agreed to provide their own "match" of approximately one-third of the contract amount. The attached resolution will allow the City Manager to execute service agreements related to HFY up to $20,000 that are within the scope of the grant application, subject to approval of the contract form by the City Attorney.. Resolution 1 Ordinance _ Other (Specify) Contract X Mail to (name and address): Funding Source: DCS Grant anddonation in the Community Services Fund APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the attached resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: AGREEMENT FOR PROFESSIONAL SERVICES YAKIMA VALLEY FAMILY CONNECTIONS ADDENDUM NO. 2 This addendum, hereinafter identified as ADDENDUM NO. 2 to the Healthy Families Yakima Professional Services Contract No. 2007-118, between the CITY OF YAKIMA (hereinafter "CITY") and YAKIMA VALLEY FAMILY CONNECTIONS (hereinafter "Contractor") is hereby made a part of the underlying Agreement between the City of Yakima, Washington, and Yakima Valley Family Connections, for services first entered into on the 15`h day of May, 2007 (Contract 2007-118, Resolution R-2007-119), and first amended on October 22, 2008. City and contractor, for mutual consideration hereinafter set forth, agree to further amend City contract No. 2007-118 (hereafter "Agreement"), previously executed by the parties hereto, as follows: I. OBJECTIVES The specific purpose for this Addendum to the underlying Agreement is to extend the terms of the contract for one (1) additional year in order to allow the contractor to continue to provide marriage education classes using PREP marriage education materials, within the same funding provisions as were already awarded under the original contract. There are no new funding sources provided by this ADDENDUM NO. 2 beyond what have already been provided through the original contract and Addendum 1 thereto. II. AMENDMENT SECTION 2 — TERM The term of the amended contract shall extend, retroactively, from October 1, 2009 to October 1, 2010. This ADDENDUM NO. 2 shall be considered the second extension of Contract 2007-118. This ADDENDUM shall not be effective until signed by all parties. Other than the specific amendments stated herein, all other terms, conditions, and requirements of the underlying contract and previous ADDENDUMS thereto shall remain in full force and effect throughout the term of the Contract's performance. Healthy Families Yakima -Bethel Ridge Family Resources -Contract Addendum No. 3 1 IN WITNESS WI-,.EREOF the parties hereto duly enter into and execute this ADDENDUM NO. 2, as of this Z2' day of December, 2009. CITY OF YAKIMA YAKIMA VALLEY FAMILY CONNECTIONS R.A. Zais, Jr., ity Manager Date: Attest City Clerk /Z/ZZ jog Gary Schenck, xecutive Director Date: City Contract No. Resolution No. Zoo? //8. Healthy Families Yakima -Bethel Ridge Family Resources -Contract Addendum No. 3 2 Healthy Families Yakima Contract Number: This contract is entered into 2.1 s -r 0 GT08V 210by and between the City of Yakima, acting as -the fiscal agent for the Healthy Families Yakima program, hereinafter referred to as City, and United Christian Church, hereinafter referred to as the Contractor. In consideration of the terms and conditions contained herein and the attached Statement of Work (Attachment "A"), which is made a part of this contract by this reference, the parties hereto agree as follows: 1. Purpose: The contractor agrees to provide marriage education to those individuals and couples who are interested in gaining knowledge and skills to create and sustain healthy marriages, enhancing the effort to strengthen family relationships in Yakima County. 2. Term: The term of this Contract shall be from October 1, 2008, to October 1, 2009, and may be modified by mutual written consent of the parties. City reserves the right to extend this contract -for additional periods, not to exceed a total of four (4) years, provided the Contractor has demonstrated satisfactory performance during the preceding contract period. Any extension or amendment of this contract shall be in writing, signed by both parties. 3. Scope of Services: Nature of Services: The nature of the services provided by the Contractor will be marriage education using the PREP marriage education materials. Statement of Work: The Contractor agrees to perform the work as outlined in the Statement of Work (Attachment "A") attached hereto and incorporated herein by this reference. Program Evaluation: The Contractor will have participants complete a program evaluation. 4. Budget City agrees to pay for the costs incurred by the Contractor to provide marriage education as outlined in the Statement of Work, at the time, and in the manner, and upon the conditions provided. Total payments made for work performed in accordance with the Contract and the Statement of Work shall not exceed $19,390. The Contractor agrees to provide and Healthy Families Yakima Contract Page 1 document, at a minimum, the total amount of match as outlined in the Statement of Work. The executive Director will provide instructions and format for documentation to the Contractors. 5. Billing Procedures Payments shall only be made for work and services rendered by the Contractor and which are identified in the Contract Statement of Work. City shall pay the Contractor within 30 days of receiving the properly executed invoice vouchers. Vouchers shall include such information as is necessary for the City to determine the exact nature of all expenditures. City must receive final invoices within sixty (6) calendar days after the Contract expiration date. Each voucher shall clearly reference the Contract Number. Vouchers shall be submitted to: Name: Address: Phone: Linda Kraft, Executive Director 408 N. First Street, Yakima, WA 98901 509.452.1519 The Contractor shall not be paid for any billings or invoices presented for work performed prior to the execution of the Contract. 6. Contract Representatives Each party to this Contract shall have a contract representative. Each party may change its representatives upon providing written notice to the other party. The parties' representatives are as follows: A. For Contractor: Name of Representative: Title: Mailing Address: City, Sate, and Zip Code: Telephone Number: B. For City: Name of Representative: Title: Mailing Address: City, State, and Zip Code: Telephone Number: United Christian Church Eric Anderson Pastor 317 S. 41st Street Yakima, WA 98901 (509) 248-6104 City of Yakima Cindy Epperson Financial Services Director 129 N. Second Street Yakima, WA, 98901 (509) 576-6644 Healthy Families Yakima Contract Page 2 7. Disputes and remedies: Disputes between the Contractor and City, arising under and by virtue of this Contract, shall be brought to the attention of the City at the earliest possible time, in order that such disputes may be settled or other appropriate action promptly taken. A written description of the dispute shall be forwarded to the City Contract representative within 10 calendar days of the incident. Any dispute relating to the quality or acceptability of performance by and/or compensation due the Contractor shall be decided by the City of Yakima's Contract Representative or designee. All rulings, orders, instructions and decisions of the City of Yakima's Contract Representative shall be final and conclusive, subject to the Contractor's right to seek judicial relief pursuant to this Section. Remedial Action: If any of the services provided by Contractor do not conform to Contract requirements, City shall consult with the Contractor and may at its sole discretion require any of the following remedial actions, taking into account the nature of the deficiency: (1) require the Contractor to take corrective action to ensure that performance conforms to Contract requirements; (2) reduce payment to reflect the reduced value of services received; (3) require the contractor to subcontract all or part of the service at no additional cost to City; or (4) terminate the contract. Termination for Convenience: City or the Contractor may cancel the Contract at any time, with or without cause, upon thirty (30) calendar days' written notice to the other party specifying the date of termination. Termination for Cause: Either party may terminate the Contract immediately upon written notice if at any time: (1) the other party is in material breach of any warranty, term, condition, covenant or obligation under the Contract; (2) judicial interpretation of federal or state laws, regulations, or rules renders fulfillment of the Contract infeasible or impossible; (3) Contractor's license or certification required by law is suspended, not renewed, or is otherwise not in effect at the time service is provided; or (4) Contractor fails to comply with any applicable law, regulation, or rule; or (5) the Federal Grant funding this project is terminated. Upon termination by City, Contractor shall promptly discontinue all work, unless the termination notice directs otherwise, and shall deliver to City any records and other materials that may have been accumulated by Contractor during performance of the Contract. Upon termination for cause, City shall be entitled to reimbursement from Contractor for losses incurred as a result of the Contractor's breach. Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Healthy Families Yakima Contract Page 3 8. Independent Contractor Status Contractor's status under the Contract shall be that of an independent contractor and not that of an agent or employee of City. Contractor shall be responsible for paying all employment-related taxes and benefits, such as federal and state income tax withholding, social security contributions, worker's compensation and unemployment insurance premiums, health and life insurance premiums, pension contributions and similar items. Contractor shall indemnify the City, its elected officials, officers, employees, and agents and hold it harmless from any and all claims for taxes, including but not limited to social security taxes, penalties, attorney's fees and costs that may be made or assessed against City arising out of Contractor's failure to pay such taxes, fees or contributions. 9. Hold Harmless and Indemnification a. The Contractor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees), which result from or arise out of the negligence of the Contractor, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both the Contractor and the City are negligent, each party shall be liable for its contributor share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. d. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 10. Commercial Liability Insurance Commercial General Liability: The Contractor shall maintain Commercial General Liability coverage at each site for bodily injury, personal injury and property damage, subject to Healthy Families Yakima Contract Page 4 limits of not less -than $1,000,000 combined bodily injury and property damage per occurrence and $2,000,000 aggregate. i. The Contractor shall provide Commercial General Liability coverage, which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The Contractor's Commercial General Liability insurance shall include the City, its elected officials, officers, , employees, and agents as additional insured's and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. iii. The insurance shall be with an insurance company rated A -VII of higher in the Best's Guide and admitted in the State of Washington. iv. The Contractor shall furnish the City with a certificate of insurance as evidence that the additional insured provision required above. If the Contractor's liability coverage is written as a claims made policy, then the Contractor must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. 11. Subcontracting The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the City. 12. Records and Data Fiscal Records: The Contractor shall maintain fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Contract. Management Information System (MIS) Reporting: The Contractor agrees to prepare records in sufficient detail to be entered into the Healthy Families Yakima MIS reporting system, as described in the Statement of Work. Records Maintenance: The Contractor shall maintain all records and documents relevant to the Contract for three (3) years from the date of the City's final payment to Contractor. Healthy Families Yakima Contract Page 5 Termination of Contractor's Existence: If the existence of the Contractor is terminated by bankruptcy or any other cause, all program and fiscal records related to the Contract shall become the property of the City. Records Review: All records and documents relevant to the Contract, including but not limited to fiscal records, shall be available for and subject to inspection, review or audit, and copying by the City and other personnel duly authorized by them, including program and/or financial auditors. Subcontracts: The Contractor shall include the requirements of this Contract in all approved subcontracts and assignments. Confidentiality: The Contractor shall comply with all applicable state and federal laws, rules, and regulations concerning confidentiality. The City shall furnish the Contractor with copies of applicable statuette, rules, and regulations upon receipt of a written request from the Contractor. Public Records: Information or documents received from the Contractor may be open to public inspection and copying, unless they are otherwise exempt from disclosure. Contractor shall clearly designate individual documents as "exempt" and shall indicate the basis for such exemption. Contractor shall indemnify and defend the City, its elected officials, officers, employees and agents for honoring such a designation. Contractor's failure to designate as exempt any document that is released by the City shall constitute a complete waiver of any and all Contractor claims for damages caused by any such release. 13. Assurances: Charitable Choice: If the Contractor is a faith -based organization, the Contractor and all approved subcontractors shall: • Segregate Contract funds in a separate account. • Serve all participants without regard to religions, religious belief, and refusal to hold a religious; belief, or refusal to actively participate in a religious practice. • Ensure that City -referred clients' participation in religious activities, including worship, scripture study, prayer or proselytization, is only on a volunteer basis. • Notify participants of the religious nature of the organization, their right to be served without religious discrimination, their right not to take part in religious activities, their right to request an alternative provider, and the process for doing so. • Ensure that contract funds are not expended on inherently religious activities. • Comply with applicable terms of 42 CFR Parts 54, 54a, and 45 CFR Parts 260 and 1050, that contain charitable choice regulations. • The Contractor shall ensure that procedural safeguards are followed in confidentiality requirements. Healthy Families Yakima Contract Page 6 14. Miscellaneous Time of Performance: Time is of the essence, with respect to the obligations to perform under the Contract; therefore, the parties shall strictly comply with all times for performance. Notices: Any notice given in connection with the Contract shall be given in writing and shall be delivered either by hand or by certified mail, return receipt requested, to the other party. Attorney Fees: In the event of a legal proceeding of any kind institute under the Contract or instituted to obtain performance or to remedy a default under the Contract, the prevailing party shall be awarded such additional sums as the court may adjudge for reasonable attorney fees and to pay all costs and disbursements incurred in connection therewith. Exclusivity: This contract shall not be deemed exclusive. The City may at its discretion enter into contracts with other Contractors for the purpose of providing like services. Complete Statement of Terms: The Contract constitutes the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written, negotiations, representations, commitments, and all other communications between the parties. IN WITNESS WHEREOF, the parties have executed this agreement. CONTRACTOR ORGANIZATION: UNITED CHRISTIAN CHURCH Name: Eric Anderson Title: P p(aaL Dat : CONTRACTING ORGANIZATION: CITY OF YAKIMA Name: R.A. Zais Title: City Manager Date ��=� 10%2 i l xoo Mailing Address: 129 N. Second St. Yakima, WA 98901 Telephone: (509) 575-6040 or al -0( Mailing Address: 317 S. 41st Street Yakima, WA 98901 Telephone: (509) 248-6104 CITY CONTRAC r NO:]�,/qa07-/ RESOLUTION Healthy Families Yakima Contract Page 7 Attachment A Statement of Work Marriage Education Provider Name: United Christian Church Address: 317 S. 415t Street Yakima, Washington 98801 Description: Utilizing PREP training materials and processes to equip class leaders and marriage coaches, the plan will include executing the classes as described in the proposal to Healthy Families Yakima (HFY) by fall of 2008. All volunteers will be trained in domestic violence training as provided by Healthy Families Yakima, use the PREP pre and post evaluation tools, participants will be registered using the HFY materials and forms, marketing materials will be preapproved by HFY, and a site coordinator will participate in marriage education partnership coalition meetings. Anticipated service outcome: 45 families (90 individuals) Total Budget for 2008/2009 PREP classes: $19,390 Match to be provided by UCC: $ 5,828 Total funding request by Healthy Families Yakima: $13,562 AGREEMENT FOR PROFESSIONAL SERVICES UNITED CHRISTIAN CHURCH ADDENDUM NO. 2 This addendum, hereinafter identified as ADDENDUM NO. 2 to the Healthy Families Yakima Professional Services Contract No. 2007-65, between the CITY OF YAKIMA (hereinafter "CITY") and UNITED CHRISTIAN CHURCH (hereinafter "Contractor") is hereby made a part of the underlying Agreement between the City of Yakima, Washington, and United Christian Church, for services first entered into on the 15`h day of May, 2007 (Contract 2007-65, Resolution R-2007-119), and first amended on October 21, 2008. City and contractor, for mutual consideration hereinafter set forth, agree to further amend City contract No. 2007-65 (hereafter "Agreement"), previously executed by the parties hereto, as follows: I. OBJECTIVES The specific purpose for this Addendum to the underlying Agreement is to extend the terms of the contract for one (1) additional year in order to allow the contractor to continue to provide marriage education classes using PREP marriage education materials, within the same funding provisions as were already awarded under the original contract. There are no new funding sources provided by this ADDENDUM NO. 2 beyond what have already been provided through the original contract and Addendum 1 thereto. II. AMENDMENT SECTION 2 — TERM The term of the amended contract shall extend, retroactively, from October 1, 2009 to October 1, 2010. This ADDENDUM NO. 2 shall be considered the second extension of Contract 2007-65. This ADDENDUM shall not be effective until signed by all parties. Other than the specific amendments stated herein, all other terms, conditions, and requirements of the underlying contract and previous ADDENDUMS thereto shall remain in full force and effect throughout the term of the Contract's performance. Healthy Families Yakima -Bethel Ridge Family Resources -Contract Addendum No. 3 1 IN WITNESS WHEREOF the parties hereto duly enter into and execute this ADDENDUM NO. 2, as of this day of December, 2009. CITY OF YAKIMA UNITED CHRISTIAN CHURCH R.A. Zais, Jr., City Manager Date: /2/2_2107 Attest Eric Anderson, Pastor Date: City Clerk City Contract No. 2-0 0 7 - 6S- Resolution S Resolution No. ,e 2_0o 7 —/ Healthy Families Yakima -Bethel Ridge Family Resources -Contract Addendum No. 3 2 )(7z2 Healthy Families Yakima Contract Number: This contract is entered into // -25- OE' , by and between the City of Yakima, acting as the fiscal agent for the Healthy Families Yakima program, hereinafter referred to as City, and People For People hereinafter referred to as the Contractor. In consideration of the terms and conditions contained herein and the attached Statement of Work (Attachment "A"), which is made a part of this contract by this reference, the parties hereto agree as follows: 1. Purpose: The contractor agrees to provide marriage education to those individuals and couples who are interested in gaining knowledge and, skills to create and sustain healthy marriages, enhancing the effort to strengthen family relationships in Yakima County. 2. Term: The term of this Contract shall be from October 1, 2008, to October 1, 2009, and may be modified by mutual written consent of the parties.. City reserves the right to extend this contract for additional periods, not to exceed a total of four (4) years, provided the Contractor has demonstrated satisfactory performance during the preceding contract period. Any extension or amendment of this contract shall be in writing, signed by both parties. 3. Scope of Services: Nature of Services: The nature of the services provided by the Contractor will be marriage education using the PREP marriage education materials. Statement of Work: The Contractor agrees to perform the work as outlined in the Statement of Work (Attachment "A") attached hereto and incorporated herein by this reference. Program Evaluation: The Contractor will have participants complete a program evaluation. 4. Budget City agrees to pay for the costs incurred by the Contractor to provide marriage education as outlined in the Statement of Work, at the time, and in the manner, and upon the conditions provided. Total payments made for work performed in accordance with the Contract and the Statement of Work shall not exceed $2,935. The Contractor agrees to provide and Healthy Families Yakima Contract Page 1 document, at a minimum, the total amount of match as outlined in the Statement of Work. The executive Director will provide instructions and format for documentation to the Contractors. 5. Billing Procedures Payments shall only be made for work and services rendered by the Contractor and which are identified in the Contract Statement of Work. City shall pay the Contractor within 30 days of receiving the properly executed invoice vouchers. Vouchers shall include such information as is necessary for the City to determine the exact nature of all expenditures. City must receive final invoices within sixty (6) calendar days after the Contract expiration date. Each voucher shall clearly reference the Contract Number. Vouchers shall be submitted to: Name: Linda Kraft, Executive Director Address: 408 N. First Street, Yakima, WA 98901 Phone: 509.452.1519 The Contractor shall not be paid for any billings or invoices presented for work performed prior to the execution of the Contract. 6. Contract Representatives Each party to this Contract shall have a contract representative. Each party may change its representatives upon providing written notice to the other party. The parties' representatives are as follows: A. For Contractor: People For People Name of Representative: Cindy Maib-Robinson Title: Director Employment and Training Mailing Address: 302 W. Lincoln City, Sate, and Zip Code: Yakima, WA 98902 Telephone Number: 509-895-8254 B. For City: City of Yakima Name of Representative: Cindy Epperson Title: Financial Services Manager Mailing Address: 129 N. Second Street City, State, and Zip Code: Yakima, WA, 98901 Telephone Number: (509) 575-6644 Healthy Families Yakima Contract Page 2 7. Disputes and remedies: Disputes between the Contractor and City, arising under and by virtue of this Contract, shall be brought to the attention of the City at the earliest possible time, in order that such disputes may be settled or other appropriate action promptly taken. A written description of the dispute shall be forwarded to the City Contract representative within 10 calendar days of the incident. Any dispute relating to the quality or acceptability of performance by and/or compensation due the Contractor shall be decided by the City of Yakima's Contract Representative or designee. All rulings, orders, instructions and decisions of the City of Yakima's Contract Representative shall be final and conclusive, subject to the Contractor's right to seek judicial relief pursuant to this Section. Remedial Action: If any of the services provided by Contractor do not conform to Contract requirements, City shall consult with the Contractor and may at its sole discretion require any of the following remedial actions, taking into account the nature of the deficiency: (1) require the Contractor to take corrective action to ensure that performance conforms to Contract requirements; (2) reduce payment to reflect the reduced value of services received; (3) require the contractor to subcontract all or part of the service at no additional cost to City; or (4) terminate the contract. Termination for Convenience: City or the Contractor may cancel the Contract at any time, with or without cause, upon thirty (30) calendar days' written notice to the other party specifying the date of termination. Termination for Cause: Either party may terminate the Contract immediately upon written notice if at any time: (1) the other party is in material breach of any warranty, term, condition, covenant or obligation under the Contract; (2) judicial interpretation of federal or state laws, regulations, or rules renders fulfillment of the Contract infeasible or impossible; (3) Contractor's license or certification required by law is suspended, not renewed, or is otherwise not in effect at the time service is provided; or (4) Contractor fails to comply with any applicable law, regulation, or rule; or (5) the Federal Grant that funds this project is terminated. Upon termination by City, Contractor shall promptly discontinue all work, unless the termination notice directs otherwise, and shall deliver to City any records and other materials that may have been accumulated by Contractor during performance of the Contract. Upon termination for cause, City shall be entitled to reimbursement from Contractor for losses incurred as a result of the Contractor's breach. Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Healthy Families Yakima Contract Page 3 8. Independent Contractor Status Contractor's status under the Contract shall be that of an independent contractor and not that of an agent or employee of City. Contractor shall be responsible for paying all employment-related taxes and benefits, such as federal and state income tax withholding, social security contributions, worker's compensation and unemployment insurance premiums, health and life insurance premiums, pension contributions and similar items. Contractor shall indemnify the City, its elected officials, officers, employees and agents and hold it harmless from any and all claims for taxes, including but not limited to social security taxes, penalties, attorney's fees and costs that may be made or assessed against City arising out of Contractor's failure to pay such taxes, fees or contributions. 9. Hold Harmless and Indemnification a. The Contractor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (Including reasonable attorney's fees), which result from or arise out of the negligence of the Contractor, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both the Contractor and the City are negligent, each party shall be liable for its contributor share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. d. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 10. Commercial Liability Insurance Commercial General Liability: The Contractor shall maintain Commercial General Liability coverage at each site for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 combined bodily injury and property damage per occurrence and $2,000,000 aggregate. Healthy Families Yakima Contract Page 4 i. The Contractor shall provide Commercial General Liability coverage, which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The Contractor's Commercial General Liability insurance shall include the City, its officers, officials, employees, and agents as additional insureds and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. iii. The insurance shall be with an insurance company rated A -VII of higher in the Best's Guide and admitted in the State of Washington. iv. The Contractor shall furnish the City with a certificate of insurance as evidence that the additional insured provision required above. If the Contractor's liability coverage is written as a claims made policy, then the Contractor must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. 11. Subcontracting The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the City. 12. Records and Data Fiscal Records: The Contractor shall maintain fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Contract. Management Information System (MIS) Reporting: The Contractor agrees to prepare records in sufficient detail to be entered into the Healthy Families Yakima MIS reporting system, as described in the Statement of Work. Records Maintenance: The Contractor shall maintain all records and documents relevant to the Contract for three (3) years from the date of the City's final payment to Contractor. Termination of Contractor's Existence: If the existence of the Contractor is terminated by bankruptcy or any other cause, all program and fiscal records related to the Contract shall become the property of the City. Healthy Families Yakima Contract Page 5 Records Review: All records and documents relevant to the Contract, including but not limited to fiscal records, shall be available for and subject to inspection, review or audit, and copying by the City and other personnel duly authorized by them, including program and/or financial auditors. Subcontracts: The Contractor shall include the requirements of this Contract in all approved subcontracts and assignments. Confidentiality: The Contractor shall comply with all applicable state and federal laws, rules, and regulations concerning confidentiality. The City shall furnish the Contractor with copies of applicable statuette, rules, and regulations upon receipt of a written request from the Contractor. Public Records: Information or documents received from the Contractor may be open to public inspection and copying, unless they are otherwise exempt from disclosure. Contractor shall clearly designate individual documents as "exempt" and shall indicate the basis for such exemption. Contractor shall indemnify and defend the City, its officers, elected officials, employees, and agents for honoring such a designation. Contractor's failure to designate as exempt any document that is released by the City shall constitute a complete waiver of any and all Contractor claims for damages caused by any such release. 13. Assurances: Charitable Choice: If the Contractor is a faith -based organization, the Contractor and all approved subcontractors shall: • Segregate Contract funds in a separate account. • Serve all participants without regard to religions, religious belief, and refusal to hold a religious; belief, or refusal to actively participate in a religious practice. • Ensure that City -referred clients' participation in religious activities, including worship, scripture study, prayer or proselytization is only on a volunteer basis. • Notify participants of the religious nature of the organization, their right to be served without religious discrimination, their right not to take part in religious activities, their right to request an alternative provider, and the process for doing so. • Ensure that contract funds are not expended on inherently religious activities. • Comply with applicable terms of 42 CFR Parts 54, 54a, and 45 CFR Parts 260 and 1050, that contain charitable choice regulations. • The Contractor shall ensure that procedural safeguards are followed in confidentiality requirements. 14. Miscellaneous Healthy Families Yakima Contract Page 6 Time of Performance: Time is of the essence, with respect to the obligations to perform under the Contract; therefore, the parties shall strictly comply with all times for performance. Notices: Any notice given in connection with the Contract shall be given in writing and shall be delivered either by hand or by certified mail, return receipt requested, to the other party. Attorney Fees: In the event of a legal proceeding of any kind institute under the Contract or instituted to obtain performance or to remedy a default under the Contract, the prevailing party shall be awarded such additional sums as the court may adjudge for reasonable attorney fees and to pay all costs and disbursements incurred in connection therewith. Exclusivity: This contract shall not be deemed exclusive. The City may at its discretion enter into contracts with other Contractors for the purpose of providing like services. Complete Statement of Terms: The Contract constitutes the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written, negotiations, representations, commitments, and all other communications between the parties. IN WITNESS WHEREOF, the parties have executed this agreement. CONTRACTOR ORGANIZATION: CONTRACTING ORGANIZATION: PEOPLE FOR PEOPLE Name: Madelyn Carlson Title: CEO Date: Mailing Address: 302 W. Lincoln Yakima, WA 98902 Telephone: (509) 895-8254 CITY OF YAKIMA Name: R.A. Zais Title: City Manager Date. Mailing Address: 129 No. Second Street Yakima, WA 98901 I o/a Ala 008 Telephone: (509) 575-6040 CITY CONTRAC f NO 12"49.-- /+'i RESOLUTION NO R-2047 ` 30 11° II 0 -- Healthy Families Yakima Contract Page 7 ATTACHMENT A: STATEMENT OF WORK MARRIAGE EDUCATION PROVIDER NAME: PEOPLE FOR PEOPLE ADDRESS: 302 W. LINCOLN, YAKIMA, WA 98902 NAME OF MARRIAGE CURRICULUM: PREP (PREVENTION AND RELATIONSHIP ENHANCEMENT PROGRAM) DESCRIPTION: BY UTILIZING PREP TRAINING PROCESSES TO EQUIP CLASS LEADERS AND MARRIAGE COACHES, THE PLAN INCLUDES THE CLASSES AS DESCRIBED IN THE PROPOSAL TO HEALTHY FAMILIES YAKIMA BY FALL OF 2008 AND WILL BE COMPLETED BY OCTOBER 1, 2009 ALL VOLUNTEERS WILL BE TRAINED IN DOMESTIC VIOLENCE TRAINING AS PROVIDED BY HEALTHY FAMILIES YAKIMA. PEOPLE OR PEOPLE WILL USE THE PREP PRE AND POST EVALUATION TOOLS, REGISTER PARTICIPANTS USING HEALTHY FAMILIES YAKIMA MANAGEMENT INFORMATION SYSTEM REGISTRATION FORMS, AND PARTICIPATE IN THE MARRIAGE EDUCATION PARTNERSHIP COALITION MEETINGS. Anticipated Service Outcome: 52 Participants Total Budget for 2008-2009 Year Beginning October 2008 People For People provided one-third match in 2007 under separate agreement $2,935 TOTAL REQUEST FROM HEALTHY FAMILIES YAKIMA $2,935 Healthy Families Yakima Contract Number: This contract is entered into (date) /0/V74.60 , by and between the City of Yakima, acting as the fiscal agent for the Healthy Families Yakima program, hereinafter referred to as City, and Yakima Valley Family Connection, hereinafter referred to as the Contractor. In consideration of the terms and conditions contained herein and the attached Statement of Work (Attachment "A"), which is made a part of this contract by this reference, the parties hereto agree as follows: 1. Purpose: The contractor agrees to provide marriage education to those individuals and couples who are interested in gaining knowledge and skills to create and sustain healthy marriages, enhancing the effort to strengthen family relationships in Yakima County. 2. Term: The term of this Contract shall be from October 1, 2008 to October 1, 2009 and may be modified by mutual written consent of the parties. City reserves the right to extend this contract for additional periods, not to exceed a total of four (4) years, provided the Contractor has demonstrated satisfactory performance during the preceding contract period. Any extension or amendment of this contract shall be in writing, signed by both parties. 3. Scope of Services: Nature of Services: The nature of the services provided by the Contractor will be marriage education using the PREP marriage education materials. Statement of Work: The Contractor agrees to perform the work as outlined in the Statement of Work (Attachment "A") attached hereto and incorporated herein by this reference. Program Evaluation: The Contractor will have participants complete a program evaluation. 4. Budget City agrees to pay for the costs incurred by the Contractor to provide marriage education as outlined in the Statement of Work, at the time, and in the manner, and upon the conditions provided. Total payments made for work performed in accordance with the Contract and the Statement of Work shall not exceed $ 5,700. The Contractor agrees to provide and Healthy Families Yakima Contract Page 1 document, at a minimum, the total amount of match as outlined in the Statement of Work. The executive Director will provide instructions and format for documentation to the Contractors. 5. Billing Procedures Payments shall only be made for work and services rendered by the Contractor and which are identified in the Contract Statement of Work. City shall pay the Contractor within 30 days of receiving the properly executed invoice vouchers. Vouchers shall include such information as is necessary for the City to determine the exact nature of all expenditures. City must receive final invoices within sixty (6) calendar days after the Contract expiration date. Each voucher shall clearly reference the Contract Number. Vouchers shall be submitted to: Name: Linda Kraft, Executive Director Address: 408 N. First Street, Yakima, WA 98901 Phone: 509.452.1519 The Contractor shall not be paid for any billings or invoices presented for work performed prior to the execution of the Contract. 6. Contract Representatives Each party to this Contract shall have a contract representative. Each party may change its representatives upon providing written notice to the other party. The parties' representatives are as follows: A. For Contractor: Yakima Valley Family Connections Name of Representative: Gary Schenck Title: Executive Director Mailing Address: P 0 Box 370 City, State, and Zip Code: Grandview, WA 98930 Telephone Number: 509.882.1660 B. For City: City of Yakima Name of Representative: Cindy Epperson Title: Financial Services Director Mailing Address: 129 N. Second Street City, State, and Zip Code: Yakima, WA 98901 Telephone Number: (509) 576-6644 7. Disputes and remedies: Healthy Families Yakima Contract Page 2 Disputes between the Contractor and City, arising under and by virtue of this Contract, shall be brought to the attention of the City at the earliest possible time, in order that such disputes may be settled or other appropriate action promptly taken. A written description of the dispute shall be forwarded to the City Contract representative within 10 calendar days of the incident. Any dispute relating to the quality or acceptability of performance by and/or compensation due the Contractor shall be decided by the City of Yakima's Contract Representative or designee. All rulings, orders, instructions and decisions of the City of Yakima's Contract Representative shall be final and conclusive, subject to the Contractor's right to seek judicial relief pursuant to this Section. Remedial Action: If any of the services provided by Contractor do not conform to Contract requirements, City shall consult with the Contractor and may at its sole discretion require any of the following remedial actions, taking into account the nature of the deficiency: (1) require the Contractor to take corrective action to ensure that performance conforms to Contract requirements; (2) reduce payment to reflect the reduced value of services received; (3) require the contractor to subcontract all or part of the service at no additional cost to City; or (4) terminate the contract. Termination for Convenience: City or the Contractor may cancel the Contract at any time, with or without cause, upon thirty (30) calendar days' written notice to the other party specifying the date of termination. Termination for Cause: Either party may terminate the Contract immediately upon written notice if at any time: (1) the other party is in material breach of any warranty, term, condition, covenant or obligation under the Contract; (2) judicial interpretation of federal or state laws, regulations, or rules renders fulfillment of the Contract infeasible or impossible; (3) Contractor's license or certification required by law is suspended, not renewed, or is otherwise not in effect at the time service is provided; or (4) Contractor fails to comply with any applicable law, regulation, or rule; or (5) the Federal Grant that funds in part this project is terminated. Upon termination by City, Contractor shall promptly discontinue all work, unless the termination notice directs otherwise, and shall deliver to City any records and other materials that may have been accumulated by Contractor during performance of the Contract. Upon termination for cause, City shall be entitled to reimbursement from Contractor for losses incurred as a result of the Contractor's breach. Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Healthy Families Yakima Contract Page 3 8. Independent Contractor Status Contractor's status under the Contract shall be that of an independent contractor and not that of an agent or employee of City. Contractor shall be responsible for paying all employment-related taxes and benefits, such as federal and state income tax withholding, social security contributions, worker's compensation and unemployment insurance premiums, health and life insurance premiums, pension contributions and similar items. Contractor shall indemnify the City, its elected officials, officers, agents and employees and hold it harmless from any and all claims for taxes, including but not limited to social security taxes, penalties, attorney's fees and costs that may be made or assessed against City arising out of Contractor's failure to pay such taxes, fees or contributions. 9. Hold Harmless and Indemnification a. The Contractor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees), which result from or arise out of the negligence of the Contractor, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both the Contractor and the City are negligent, each party shall be liable for its contributor share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. d. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 10. Commercial Liability Insurance Commercial General Liability: The Contractor shall maintain Commercial General Liability coverage at each site for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 combined bodily injury and property damage per occurrence and $2,000,000 aggregate. i. The Contractor shall provide Commercial General Liability coverage, which does not exclude any activity to be performed in fulfillment of this Contract. Healthy Families Yakima Contract Page 4 Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The Contractor's Commercial General Liability insurance shall include the City, its elected officials, officers, , employees, and agents as additional insured's and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. iii. The insurance shall be with an insurance company rated A-VI1 of higher in the Best's Guide and admitted in the State of Washington. iv. The Contractor shall furnish the City with a certificate of insurance as evidence that the additional insured provision required above. If the Contractor's liability coverage is written as a claims made policy, then the Contractor must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. 11. Subcontracting The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the City. 12. Records and Data Fiscal Records: The Contractor shall maintain fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Contract. Management Information System (MIS) Reporting: The Contractor agrees to prepare records in sufficient detail to be entered into the Healthy Families Yakima MIS reporting system, as described in the Statement of Work. Records Maintenance: The Contractor shall maintain all records and documents relevant to the Contract for three (3) years from the date of the City's final payment to Contractor. Termination of Contractor's Existence: If the existence of the Contractor is terminated by bankruptcy or any other cause, all program and fiscal records related to the Contract shall become the property of the City. Records Review: All records and documents relevant to the Contract, including but not limited to fiscal records, shall be available for and subject to inspection, review or audit, Healthy Families Yakima Contract Page 5 and copying by the City and other personnel duly authorized by them, including program and/or financial auditors. Subcontracts: The Contractor shall include the requirements of this Contract in all approved subcontracts and assignments. Confidentiality: The Contractor shall comply with all applicable state and federal laws, rules, and regulations concerning confidentiality. The City shall furnish the Contractor with copies of applicable statuette, rules, and regulations upon receipt of a written request from the Contractor. Public Records: Information or documents received from the Contractor may be open to public inspection and copying, unless they are otherwise exempt from disclosure. Contractor shall clearly designate individual documents as "exempt" and shall indicate the basis for such exemption. Contractor shall indemnify and defend the City, its elected officials, officers, employees and agents for honoring such a designation. Contractor's failure to designate as exempt any document that is released by the City shall constitute a complete waiver of any and all Contractor claims for damages caused by any such release. 13. Assurances: Charitable Choice: If the Contractor is a faith -based organization, the Contractor and all approved subcontractors shall: • Segregate Contract funds in a separate account. • Serve all participants without regard to religions, religious belief, and refusal to hold a religious; belief, or refusal to actively participate in a religious practice. • Ensure that City -referred clients' participation in religious activities, including worship, scripture study, prayer or proselytization, is only on a volunteer basis. • Notify participants of the religious nature of the organization, their right to be served without religious discrimination, their right not to take part in religious activities, their right to request an alternative provider, and the process for doing so. • Ensure that contract funds are not expended on inherently religious activities. • Comply with applicable terms of 42 CFR Parts 54, 54a, and 45 CFR Parts 260 and 1050, that contain charitable choice regulations. • The Contractor shall ensure that procedural safeguards are followed in confidentiality requirements. 14. Miscellaneous Time of Performance: Time is of the essence, with respect to the obligations to perform under the Contract; therefore, the parties shall strictly comply with all times for performance. Healthy Families Yakima Contract Page 6 Notices: Any notice given in connection with the Contract shall be given in writing and shall be delivered either by hand or by certified mail, return receipt requested, to the other party. Attorney Fees: In the event of a legal proceeding of any kind institute under the Contract or instituted to obtain performance or to remedy a default under the Contract, the prevailing party shall be awarded such additional sums as the court may adjudge for reasonable attorney fees and to pay all costs and disbursements incurred in connection therewith. Exclusivity: This contract shall not be deemed exclusive. The City may at its discretion enter into contracts with other Contractors for the purpose of providing like services. Complete Statement of Terms: The Contract constitutes the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written, negotiations, representations, commitments, and all other communications between the parties. IN WITNESS WHEREOF, the parties have executed this agreement. CONTRACTOR ORGANIZATION: Yakima Valley Family Connections Gary Schenk Title: Executive Director Date: Mailing Address: P 0 Box 370 Grandview, WA 98930 Telephone: (509) 882-1660 9/‘A -7-1C)0? CONTRACTING ORGANIZATION: CITY OF YAKIMA Name: R.A. Zais Title: City Manager Date: Mailing Address: 129 N. Second St. Yakima, WA 98901 Telephone: (509) 575-6040 CITY CONTRAC f NO n�O`�,,/-7 `/(! RESOLUTION NO . 'z 7V 7 H' Healthy Families Yakima Contract Page 7 ATTACHMENT A: STATEMENT OF WORK MARRIAGE EDUCATION PROVIDER NAME: YAKIMA VALLEY FAMILY CONNECTIONS ADDRESS: P 0 BOX 370, GRANDVIEW, WA 98930 NAME OF MARRIAGE CURRICULUM: PREP (PREVENTION AND RELATIONSHIP ENHANCEMENT PROGRAM) DESCRIPTION: BY UTILIZING PREP TRAINING PROCESSES TO EQUIP CLASS LEADERS AND MARRIAGE COACHES, THE PLAN INCLUDES THE CLASSES AS DESCRIBED IN THE PROPOSAL TO HEALTHY FAMILIES YAKIMA BY FALL OF 2008 AND WILL BE COMPLETED BY OCTOBER 1, 2009 ALL VOLUNTEERS WILL BE TRAINED IN DOMESTIC VIOLENCE TRAINING AS PROVIDED BY HEALTHY FAMILIES YAKIMA. YAKIMA VALLEY FAMILY CONNECTIONS WILL USE THE PREP PRE AND POST EVALUATION TOOLS, REGISTER PARTICIPANTS USING HEALTHY FAMILIES YAKIMA MANAGEMENT INFORMATION SYSTEM REGISTRATION FORMS, AND PARTICIPATE IN THE MARRIAGE EDUCATION PARTNERSHIP COALITION MEETINGS. Anticipated Service Outcome: 80 Participants Total Budget for 2008-2009 Year Beginning October 2008 $5,700. Yakima Valley Family Connections to provide one-third match -1,900. TOTAL REQUEST FROM HEALTHY FAMILIES YAKIMA $3,800.