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Home My WebLink About50280 Contract Number: Vendor: Sub�ect: Department: F�.le Class : 5028 YWGA - ALIVE PROGRAM Domestic Violence Program Police LEG 12-1 Begin Date: End Date: Review Date: Vault Date: 1/1/2011 12/31/2011 11/1/2011 Comments : PROFESSIONAL SERVICES AGREEMENT [AI..IVE DOlVIESTIC VIOLENCE PROGRAM.] The Crty of Bremerton ("C�ty") and YWCA — ALIVE PROGRAM ("Contractor"), referred to collectively as the "Parties," enter mto the following Agreemerrt for professional services I. Scope: The Contractor agees to provide 24 hour a day cnsis mtervention, safe shelter, legal advocacy, support goups, pareirtmg classes, commumty education and children's programming for women and their children who are victims of domestic violence m an effort to bring them out of crisis and mto a healthier, more manageable lifestyle The ALIVE program will inrtiate daily contact wrth the Bremerton Police Department for a hst of victims referrals so early imervemion can be made The ALIVE program advocate will explam the legal process and provide direction for protection orders and accompany victims of domestic violence through criminal and civil proceedings The advocacy will also provide the victim wrth education and advocacy based education on the nature, scope and dynamics of domestic violence A City of Bremerton based support group will be established and will meet at least once a week The Scope of Work may be modified only pursuant to Section VII H of this Agreement Contractor further represents that the services furnished under ttus Agreement will be performed in accordance with generally a.ccepted professional practices m effect at the hme such services are performed II. �'�rm: The Contract shall commence on January 1, 2011 and will terminate on December 31, 2011 ffi. Comp�nsation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor an amount deternuned by a grant from the State Department of Community Development Dunng the term of this Agreement, the Crty expects to receive Ten Thousand Three Hundred Sixty Dollars ($10,360 00) from the grant wluch will be paid to the Contractor in four equal quarterly installmeirts of Two Thousand Five Hundred Ninety Dollars ($2,590 00) beginning January 2011 However, should the Crty receive less than $10,360 00 from the grant, the City shall not be obligated to compensa.te YWCA in excess of the amount actually received through the grant IV. IYelatio0sl�ip af Parties: Contractor is skilled m the matters addressed m the Scope of Work and is performing independeirt functions and responsibilrties wrthin its field of expertise Contractor and its personnel are independent contractors and not employees of the City Contractor and its personnel have no authority to bmd the City or to control the City's employees a.nd other comractors None of the benefits provided by the Crty to rts employees, including, but not limited to, compensation, msurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of the Contractor Contractor will be solely and entu responsible for rts acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Agreement The Crty may, during the term of this Agreement, engage other independeirt contractors to perform the same or similar work Bremerton/ CA [Alive Prog�.,ramj Page 1 of 5 As an mdependent contractor, Contractor is responsible for its own management The City's admimstration and enforcement of tlus Agreement shall not be deemed an exercise of managerial control over Contractor or rts personnel As an mdependent contractor, Contractor is responsible for payment of all taxes and licensmg fees necessary to perform rts obligations under ttus Agreement These taxes and fees may include but are not limited to State mdustrial msurance, B&O, State professional licensmg, and City business licensing If any taxes or fees due the Crty have been declared delmquent, the City may withhold the delmquent amount, plus any additional chazges arising from the delmquency, from any payments due Contractor V. I�demnifica�eon: Comractor shall defend, indemnify and hold the City, rts officers, officials, employees, agents and volunteers harmless from any and all claims, m�unes, damages, losses or surts, includmg all legal costs and attorney fees, ansing out of or in connection with the Contractor's performance of ttus Agreement, except for that portion of the mjuries and damages caused by the City's sole negligence IT IS FURTI�R SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT TI� INDEMNIFICATION PROVIDED HEREIN CONSTITUTES TI-� CONTRACTOR'S WAIVER OF Il1�MUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR TI� PURPOSES OF THIS INDEMNIFICATION TI� PARTIES FURTI�R ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WANER The provisions of ttus section shall survive the expiration or termination of this Agreement VL Insur�mce: Prior to the commencement date of this Agreement, Contractor shall provide Certificates of Insurance to the City's Risk Manager venfying the followmg coverage 1. Professional tiabi9ity policy ("E&O") providing coverage of $1,000,000 for errors and omissions committed by Contractor while performing its obligations under this Agreement The policy sha11 remain in full force and effect, and provide coverage for the full term of tlus Agreement Comractor sha11 provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of the policy Any payment of deductible or self insured retention shall be the sole responsibilrty of the Contractor The Contractor's msurance shall be pnmary msurance as respects the City and the Crty shall be given thirty (30) days pnor wntten notice by certified mail, return receipt requested, of any cancellation, suspension or material change m coverage The City also re: proof of coverage m the evidence of coverage ;rves its unqualified right to require at any time and for any reason, form of a duplicate of the msurance policy with a11 endorsements as Bremerton/ YWCA [Alive Programj Page 2 of 5 VII. General Conditions: A Reports and Information When requested by the Crty, Contractor shall furnish periodic reports and documents on matters covered by tlus Agreement The reports and documents shall be furnished in the time and form requested Contractor shall ma.intain accounting records in accordance with Generally Accept�d Accountmg Pnnciples (GAAP) to substantiate all billed amounts B Ownership and Use of Records and Documents All written mformation submitted by the Crty to the Contractor m connection wrth the services performed by the Contractor under tlus Agreemem will be safeguarded by the Contractor to at least the same e�ctent as the Contractor safeguards like information relating to its ovcm business If such information is publicly available or is already m Contractor's possession or known to it, or is nghtfully obtamed by the Contractor from thu parties, Contractor shall bear no responsibilrty for its disclosure, madvertent or othervv�se C Contractor to Ma�ntam Records to Su�.port Independent Contractor Status On the effective date of this Agreement (or shortly thereafter), Contractor shall 1 File a schedule of expenses wrth the Irrtemal Revenue Service for the type of business Contractor conducts, 2 Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a urufied busmess idemifier number from the State of Washington, and 3 Mamtain a separate set of books and records that reflect all items of income and expenses of Contractor's busmess, all as descnbed m the Revised Code of Washington (RCV1� Section 51 OS 195, as required to show that the services performed by Contractor under tlus Agreement shall not give nse to an employer- employee relationsl�up between the parties wtuch is subJect to RCW Trtle 51, Industrial Insurance D Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of rts employees, agents, and subcontractors m the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Contractor's own nsk, and Contractor sha11 be responsible for any loss of or damage to materials, tools, or other articles used or held for use m connection wrth the work E Place of Work The Contractor sha11 perform the work authonzed under ttus Agreement at its offices in Bremerton, Waslungton Meetings with the Crty staff as descnbed m Scope of Work, shall take place at the Crty's offices at 345 6�` Street, Surte 600, Bremerton, Washmgton, or at locations mutually agreed upon by the parties Bremerton/ YWCA [Alrve Progra,�m] Page 3 of 5 F Entu Agreement This Agreement and its Exhibrts constrtutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, wrrtten or oral, that have not been set forth m the text of tlus Agreement G Severabilrtv Should any part of this Agreement be found void, the balance of the Agreement shall remain m full force and effect H Modification This Agreement may only be modified by written instrument signed by both Parties I Wntten Notices All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary Any wntten notice hereunder shall become effective upon the date of mailmg by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in tlus Agreement or such other address as may be hereafter specified m wntmg City Address Contractor Address Crty Clerk YWCA — ALIVE Program 345 6�' Street, Suite 600 PO Box 559 Bremerton, WA 98337 Bremerton, WA 98337 J Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any nght or power ansmg out of this Ageement shall not be deemed waiver of any other nght or power K Non-Waiver of Breach The failure of the City to msist upon stnct performance of any of the covenants and agreements contamed herein, or to exercise any option herem conferred m one or more instances shall not be construed to be a waiver or relmquishment of said covenants, agreements or options, and the same shall be and remam in full force and effect L Compliance wrth Laws Contractor shall comply wrth all applicable Federal, State, and local laws m perforrrung its obligations under ttus Agreement M Choice of Law and Venue Tlus Agreement shall be interpreted accordmg to the laws of the State of Washington Any �udicial achon to resolve disputes arismg out of ttus Agreement shall be brought in Krtsap County Supenor Court N Attorneys' Fees In the event of lrtigation to enforce any of the terms or provisions herem, each party shall pay all its own costs and attorney's fees Vffi. Nondiscrimination: Contractor shall not discrimmate m employment or services to the public on the basis of race, color, national ongm, sex, religion, age, mantal status, sexual oneirtation or disability, except for employment actions based on bona fide occupational qualification Bremerton/ YWCA [Alive Prog,�l - - Page 4 of 5 IX. 'I'cr�ina�ion: This Agreement may be termmated, at vv�ll, by erther Party upon 30 days' notice to the other Party This Agreement ma.y be immediately ternunated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performmg Party does not commence correction of the failure of performance wittun five days of the terminatmg Party's sendmg notice to the non-perfornung Party If the Crty receives reimbursement by any federal, state, or other source for work described in Section I herem, and that funding is withdrawn, reduced or hmrted m any way, or the pro�ect is cancelled or substantially reduced after the execution date of ttus Agreement and prior to the completion of the work, the City may summanly terminate this Agreement Ternunation shall be effective ten calendar days after Contractor's receipt of the wntten notice by certified mail CITY OF BREMERTON � � By Crai ogers its Chief of Pohce Approved as to, form �( �oz ' oger A L ovich, City Attorney R U.egalll,cgallContrads�Pohce\YWCA - ALIVE PROGRAM 2011 doc Bremerton/ YWCA jAlive Program]. Page 5 of 5 CONTRACTOR / � .G •o� ��'Erm�� D��e�J . � �B97fl'�67��@B9� B'�C9SB�'1 �B9'9�OW�Q'90�� W�B'9'fl�Q� ��a �� o�� a�� YWCA Community Center 905 Pacific Avenue P O Box 559 Bremerton, WA 98337 Phone (360) 479-0522 Fax (360} 479-0484 Emad ywca@donobi net � � r Reimbursement Request Contact Agency Agency Mailmg A n Agency Phone ��le0� l�79- O�a� Contact Persor Period of Reimbursement (Check one� Januaryl — March 31 � � Apiil — June 30 July 1— September 30 October 1 — December 31 Is this a final request� I'es No d s� � i �t t � ' r� r f Y ` 1 � � �� : ., � , x, , , J @ Budget Summary This Request $ ,2 s�Q, 00 Date v/� 20 / _� G 1 . o Staff Name/Title Benefits @ /U % ', � TOTAL WAGES AND BENEFITS =$�0�00 �, "To trust our coilect�ve power toward the elimination of racism wherever it exists and by A Umlecl t,Vdy Ac�E�ncy any means necessary _� Hrs worked x Rate/hr 1 Personnel Costs/Wages and Benefits y�� v��r��n/ DESCRIPTION/I 2 Operation and Maintenance Budget �V TOTAL OPERATIONS AIVD MAINTEIVACE 3. Goods and Services /� $ :� TOTAL GOODS AiVD SERVICES n u Specify) • $ Y 0 H tLL �T11L' !l: Total wages and benefits (from page 1 Total Funding award This Reimbursement Total Previous Reimbursement Total Total Contract Funds Remaining W $ � 0�3 $ I .3(00. 00 $ � 0, OD $ � 7 0. 00 , ��e yw �L�l/L� l� �vi�2 �� ' �� C� e� �r�� r � �� r , Q // , �� v � lV o� G� e�7C/ !//o P�/`(�P/ r � �/12(� G'�1�/G�/��/I'I �. ,� � � � ' � 0 YWCA OF KITSAP COUNTY PO BOX 559 BREMERTON WA9833701&4 Employee Journal by Check Name T e Em lo ee Paid Em lo ee Summary Date Num L�e 1/22/2011 (blank) . 2/7/2011 (blank) 1,056 00 -57 00 -44 36 - 2/22/2011 (blank) 1,056 00 -57 00 -44 35 - 3/7/2011 (blank) 864 00 -38 00 -36 29 - 3/22/2011 (blank) 1,056 00 -57 00 -44 35 - 4/7/2011 (blank) 1,152 00 -67 00 �8 38 - ' l I O • I I • O ��M ... r ' - e r� - ..._ ;,,^'i" .. ' „^ R . ^ �• .r,t'.,.. , , ' c. ..73i'1TT.." — DonaUons Fl� 20-Jan-2011 to 07-Apr-2011 i.n - 891 84 891 86 732 15 892 88 971 83 � 5/18/2011 2 27 PM Page 1 of 1