HomeMy WebLinkAboutCatholic Community Services GF0827
AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into this day of? 2008,
by and between the CITY OF AUBURN, a municipal corporation of the State of Washington,
hereafter referred to as "CITY", and CATHOLIC COMMUNITY SERVICES which is located at 1229
West Smith Street. Kent, WA 98032, a non-profit corporation organized under the laws of the State
of Washington, hereafter referred to as "AGENCY."
WHEREAS, The AGENCY provides a valuable service to the CITY and its residents
through the provision of homeless shelter for single, adult men; and
WHEREAS, the CITY is interested in continuing support of H.O.M.E., including
development of additional resources and service sites, for low income Auburn residents;
NOW, THEREFORE, In consideration of the covenants and conditions of this Agreement,
the parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to provide for an appropriation to the AGENCY for
providing services as set forth in Exhibit 1 through 4, and incorporated herein by this reference as if
fully set forth, to Auburn residents during the 2008 term. This support is in recognition of the fact
that the demand for the services delivered by the AGENCY continues to rise.
II. SCOPE OF SERVICES
A. The parties agree and understand that the AGENCY agrees to provide services, as
described in Exhibits 1 through 4, which may include development of new resources, to low income
Auburn residents. Services to be provided are set forth in Exhibits 1 through 4 to this agreement,
and incorporated herein by this reference as if fully set forth.
B. The Agency agrees to provide at a minimum the services outlined in the Exhibits. Said
services are to be completed no later than December 31, 2008.
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III. TERM
The term of this Agreement shall commence on January 1, 2008 and shall expire on
December 31, 2008.
IV. PERFORMANCE REPORTS AND COMPENSATION
A. The AGENCY shall provide to the City within 15 days of the close of each calendar quarter
a status report containing program statistics regarding the type and level of services provided to the
City of Auburn, as well as financial information pertaining to the contract agreement and
expenditures. The final report, which may include estimated service levels, shall be submitted no
later than December 12, 2008. Format and contents of these reports are set forth in Exhibits 1 to 4
to this Agreement, which are incorporated herein by this reference.
B. The Agency shall prepare and submit to the City two program evaluation reports in the
format commonly referred to as "outcomes reports" which will show the intended linkages between
the activities conducted and the changes the activities will produce. These reports shall contain
information as set forth in Exhibit 4 to this Agreement, which is incorporated herein by this
reference, and shall be submitted to the City at the end of the first quarter and within sixty days
following the close of the calendar year.
C. As full and total payment for the services provided under this Agreement, the CITY agrees
to pay the AGENCY the total amount of $15,000.00 as set forth in Exhibit 1. The CITY will pay
an amount equal to one-quarter of the total amount within thirty (30) days following the CITY's
receipt of quarterly invoices. The required format and content of quarterly invoices is set forth in the
Exhibits to this Agreement, and is incorporated herein by this reference.
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V. INDEMNIFICATION
The AGENCY agrees to defend, indemnify, and hold harmless the CITY, its elected and
appointed officials, employees and agents from and against any and all claims, demands and/or
causes of action of any kind or character whatsoever arising out of or relating to services provided
by the AGENCY, its employees, volunteers or agents concerning any and all claims by any persons
for alleged injury or damage to persons or property to the extent caused by the negligent acts,
errors or omissions of the AGENCY, its employees, volunteers or agents or representatives. In the
event that any suit or claim for damages based upon such claim, action, loss or damage is brought
against the CITY, the AGENCY shall defend the same as its sole costs and expense; provided that
the CITY retains the right to participate in said suit if any principle of governmental or public law is
involved; and if final judgment be rendered against the CITY and/or its officers, elected officials,
agents and employees or any of them or jointly against the CITY and the AGENCY and their
respective officers, agents, volunteers, employees or any of them, the AGENCY shall fully satisfy
the same and shall reimburse the CITY any costs and expense which the CITY has incurred as a
result of such claim or suit. The provisions of this section shall survive the expiration or termination
of this Agreement.
VI. INDEPENDENT CONTRACTOR/ASSIGNMENT
The parties agree and understand that the AGENCY is an independent contractor and not
the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering
into this Agreement except as provided herein. The services required under this Agreement may
not be assigned or subcontracted by the AGENCY without the prior written consent of the CITY.
VII. INSURANCE
The AGENCY shall procure and maintain for the duration of this Agreement insurance
against claims for injuries to persons or property which may arise from or in connection with
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services provided by the AGENCY, it agents, employees or volunteers under this Agreement. The
AGENCY agrees to provide comprehensive general liability insurance and shall maintain liability
limits of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit coverage per
occurrence for bodily injury, personal injury and property damage. Where professional services are
provided as part of the services rendered pursuant to this Agreement, as shown in Exhibit 1, the
AGENCY shall also provide and maintain professional liability coverage including errors and
omissions coverage in the minimum liability amount of ONE MILLION DOLLARS ($1,000,000)
combined single limit per occurrence for bodily injury, personal injury and property damage. Any
deductibles or self insured retentions in either policy must be declared to and approved by the
CITY. At the option of the CITY either: The insurer shall reduce or eliminate such deductibles or self
insured retentions as respects the CITY, its officials and employees; or, The AGENCY shall procure
a bond guaranteeing payment of losses and related investigations, claim administration and
defense expenses. The policies are to contain or be endorsed to contain the following provisions:
1) GENERAL LIABILITY COVERAGE:
The CITY, its elected and appointed officials, employees and agents are to be covered as
additional insured as respects: Liability arising out of services and activities performed by or
on behalf of AGENCY, its employees, agents and volunteers. The coverage shall contain
no special limitations on the scope of protection afforded to the CITY, its elected and
appointed officials, employees or agents.
2) GENERAL LIABILITY AND PROFESSIONAL LIABILITY COVERAGES:
(a) The AGENCY's insurance coverage shall be primary insurance as respects the CITY,
its officials, employees and agents. Any insurance or self insurance maintained by the
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CITY, its officials, employees or agents shall be in excess of the AGENCY's insurance
and shall not contribute with it.
(b) Any failure to comply with reporting provisions of the policy shall not affect coverage
provided to the CITY, its officials, employees or agents.
(c) Coverage shall state that the AGENCY's insurance shall apply separately to each
insured against whom claim is bought or suit is brought except with respect to the limits
to the insurer's liability.
(d) Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled, reduced in coverage, or in limits except after
thirty (30) days prior written notice by certified mail return receipt requested has been
given to the CITY. The AGENCY agrees to provide copies of the Certificates of
Insurance to the CITY at the time that this Agreement takes effect.
(e) The AGENCY shall furnish the CITY with Certificates of Insurance and with original
endorsements affecting coverage required by this clause. The certificate and
endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The CITY reserves the right to require
complete, certified copies of all required insurance policies at any time.
(f) The AGENCY shall include all volunteers, employees and agents under its policies or
shall furnish separate certificates and endorsements for each. All coverages for
volunteers shall be subject to all the requirements stated herein.
Vlll. NONDISCRIMINATION
The AGENCY shall not discriminate under any services or programs to which this
Agreement may apply directly or through contractual or other arrangements on the grounds of race,
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color, creed, religion, national origin, sex, age, or the presence of any sensory, mental or physical
handicap.
IX. BOOKS AND RECORDS
The AGENCY agrees to maintain separate accounts and records in accordance with State
Auditor's procedures, including personnel, property, financial and programmatic records which
sufficiently reflect direct and indirect costs and services performed under this Agreement. The
AGENCY agrees to maintain all books and records relating to this Agreement for a period of three
(3) years following the date that this Agreement is expired or otherwise terminated. The parties
agree that the CITY OF AUBURN may inspect such documents upon good cause at any
reasonable time within the three (3) year period.
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X. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon ten (10) days written notice should
the other party fail substantially to perform in accordance with its terms through no fault of the other.
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XI. GENERAL PROVISIONS
A. The AGENCY agrees to submit a report to the CITY no later than December 12,
2008, describing the progress and activities performed for the year 2008 under its
scope of services.
B. This Agreement shall be governed by the laws, regulations and ordinances of the
City of Auburn, the State of Washington, and County of King and C. Agency
agrees to conduct its activity in such a manner as to coincide with the goals
identified in the attached Memorandum of Understanding. The Agency understands
that the performance indicators established in the Memorandum will be used by the
City as a measurement tool in determining if the goals have been achieved.
D. The CITY and the AGENCY respectively bind themselves, their successors,
volunteers, assigns and legal representatives to the other party to this Agreement
and with respect to all covenants to this Agreement.
E. This Agreement represents the entire and integrated Agreement between the CITY
and the AGENCY and supersedes all prior negotiations. This Agreement may be
amended only by written instrument signed by both the CITY and the AGENCY.
F. Should it become necessary to enforce any term or obligation of this Agreement,
then all costs of enforcement including attorneys fees and expenses and court
costs shall be paid to the substantially prevailing party.
G. The AGENCY agrees to comply with all local, state and federal laws applicable to
its performance under this Agreement.
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A
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
D
CieIB. Heider'"
City Attorney
CATHOLIC COMMUNITY
SERVICES.<<AGENCY»
TITLE: Oir'ecfO(-
13
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this -u T? day of McL,, j„ , 2008, before me, the undersigned, a
Notary , Public in and for the State of Washington, personally appeared
JUScOyitytp r f('4`E , to me known to be the Executive Director Catholic Community
Service?., the non-profit orporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said non-profit
corporation for the uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute said instrument on behalf of said non-profit corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date
hereinabove se ?pkEF?!A/Z
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MARCH 10
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Agreement - GF-0827: Catholic Community Services H.O.M.E./A.RLS.E.
January 1, 2008
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is an addendum to the agreement for services
between the City of Auburn and Catholic Community Services(CCS) for the delivery of
services through the CCU O.M.E. Program , the original of which was executed on the
day of , 2008. All other terms and conditions of the agreement
for services shall 4 main in full force and effect except as specifically amended by this
Memorandum of Understanding.
It is the goal of the City of Auburn to increase the number of Auburn residents
no longer living in poverty by 15% between January, 2007 and January,
2010.
H. The grant funds provided to the Agency during the 2008 year are provided
with the objective of achieving the result of increasing the number of
residents no longer living in poverty.
III. Agencies receiving funding from the City of Auburn agree to participate in the
conceptual development of the One Stop Center and to collaborate with other
agencies concerning the delivery of services to clients when the Center is
operational. The nature and extent of the collaboration to be determined
when the One Stop Center is operational.
IV. The City of Auburn will utilize the following performance measures in
evaluating the effectiveness of reaching this goal.
a. Performance Indicators
¦ Increase in the number of livable wage jobs in Auburn.
¦ Increase in the number of Auburn residents who work in Auburn.
¦ The number of Auburn residents enrolled in employment training
programs.
¦ Increase in the number of residents enrolled in ESL classes
¦ Increase in the educational attainment of Auburn's adult labor force.
Agreement GF - 0827 Catholic Community Services - H.O.M.E/A.R.I.S.E.
January 1, 2008
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¦ Increase in the number of children enrolled in Headstart and
preschool
¦ Reduction in the number of emergency room visits.
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Agreement GF - 0827 Catholic Community Services - H.O.M.E/A.R.I.S.E.
January 1, 2008
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CITY O UBURN
PETER B. LEWIS
MAYOR
AT EST:
Danielle E. Daskam,
City Clerk
APP V A R
n' B. Heid,
Ci y Attorney
CATHOLIC COMMUNITY SERVICES
B?
TITLE: _?ag_ r)c.LA 1 r ectcr
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this /Z A day of W 2008, before me, the
undersig ed, a Notary Public in and for the State of Washington, personally appeared
to me known to be the Executive Director of
CATHO IC COMMUNITY SERVICES, the non-profit corporation that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said non-profit corporation for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to execute said instrument on
behalf of said non-profit corporation.
IN WITNESS WHEREOF, I
seal the date hereinahove set forth.
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have hereunto set my hand and affixed my official
NOTAR tLICih--?nd fb?e State of
Washington, residing in „f2,OA kkP
MY COMMISSION expires: 3- 10 - l
Agreement GF - 0827 Catholic Community Services - H.O.M.E/A.R.I.S.E.
January 1, 2008
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