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AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into this day of
yc (? 2008; by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington, hereafter referred to as "CITY", and BIRTH TO
THREE DEVELOPMENT CENTER which is located at 35535 6T" PI SW, Federal Way,
WA 98023, 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 provide services its Family Services Program, serving
children under 3 years of age living within the City of Auburn; and
WHEREAS, the CITY is interested in continuing support of BIRTH TO THREE
DEVELOPMENT CENTER, 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
Agreement - GF-0804, Birth to Three Development Center
January 1, 2008
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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.
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 $10,000.00 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
Agreement - GF-0804, Birth to Three Development Center
January 1, 2008
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quarterly invoices is set forth in the Exhibits to this Agreement, and is incorporated herein
by this reference.
VI. 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.
VII. 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.
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January 1, 2008
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VIII. 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 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 insureds 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.
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January 1, 2008
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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 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.
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January 1, 2008
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IX. 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, color, creed, religion, national origin, sex, age, or the presence of any
sensory, mental or physical handicap.
X. 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.
XI. 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.
XII. 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
where applicable, Federal laws.
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January 1, 2008
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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.
INTENTIONALLY BLANK
Agreement - GF-0804, Birth to Three Development Center
January 1, 2008
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CITY OF AUB N
PETER B. LEWIS
MAYOR
ATT ST:
Danielle E. Daskam,
City Clerk
APP tV ZZ2
Da I B. Heid,
City Attorney
BY
TITLE
STATE OF WASHINGTON }
)ss
COUNTY OF KING )
BIRTH TO THREE DEVELOPMENT
CENTER«AGENCY»
??ft. 6
: Executive rector
On this 1341 day of t CjorCkAr Ll , 2008, before me, the
undersigned, a Notary Public in and for the State of Washington, personally
appeared 020aGon he` , to me known to be the Executive
Director of Birth to Three Development Center«Agencyo, 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 have hereunto set my hand and affixed my
h,.
official seal the date hereinabove set fort
ov,
s N6T? ;, '; NOTARY PUBLIC in and for the State ofC?c
s Washington, residing in
MY COMMISSION expires: (- ??- ?OC1
Agreement - GF-0804, Birth to Three Development Center
January 1, 2008
Page 8 of 8
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is an addendum to the agreement for
services between he ity of Auburn and nirt to Three the original of which was
executed on the day of / 008. All other terms and conditions of
the agreement for services shall remain in full force and effect except as specifically
amended by this Memorandum of Understanding.
It is the goal of the City of Auburn to reduce the number of children within the
City of Auburn who are victims of on-going and repeated neglect and abuse by
15% between January, 2007 and January, 2010.
The grant funds provided to the Agency during the 2008 year are provided with
the objective of achieving the result of reducing repeated neglect and abuse of
children within the City of Auburn.
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.
Agreement GF - 0804, Birth to Three
January 1, 2008
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a. Performance Indicators
¦ Number of police reports of misdemeanor and felony child abuse and
neglect
¦ Number of police incidence reports for juvenile runaways
¦ Number of truancy petitions filed by the Auburn School District
¦ Number of out-of-home placements reported by Child Protective
Services (CPS)
¦ Number of confirmed CPS reports in Auburn
LEFT INTENTIONALLY BLANK
Agreement GF -0804, Birth to Three
January 1, 2008
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CO AUBU N
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
AP VE TO FO
niel B. eid,,
City Attorney
BIRTH TO THREE DEVELOPMENT
CENTER
TITLE: Executive Director
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this 1 day of bf u. ' t_ , 2008, before me, the
undersigned, a Not ry Public in and for the State f Washington, personally appeared
a ,? (?r &S to me known to be the Executive Director of
BIRTH O THREE DEVELOPMENT CENTER, 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 have hereunto set my hand and affixed my official
seal the date hereinabove set forth.
:d NOTARY PUBLIC in and for the State o
V 4 ; Z Washington, residing in e SIC'
'?,? ??•. ?0 MY COMMISSION EXPIRES
Agreement GF - 0804, Birth to Three
January 1, 2008
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