HomeMy WebLinkAboutACAP Child and Family Services GF0802/-\ :?, ,I?,?
AGREEMENT FOR SERVICES
st
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 ACAP
CHILD AND FAMILY SERVICES which is located at 1102 J Street S.E., Auburn,
Washington 98002, 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 parenting classes and family support; and
WHEREAS, the CITY is interested in continuing support of ACAP, including
development of additional resources 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,
--------------------------------------
Agreement - GF - 0802, ACAP Childcare
January 1, 2008
Page 1 of 9
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.
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 13, 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 $25,000.00 as set forth in Exhibit 1. The
CITY will pay an amount equal to one-quarter of the total amount within thirty (30) days
--------------------------------------
Agreement GF - 0802, ACAP Childcare
January 1, 2008
Page 2 of 9
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.
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
--------------------------------------
Agreement - GF - 0802, ACAP Childcare
January 1, 2008
Page 3 of 9
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 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
--------------------------------------
Agreement GF - 0802, ACAP Childcare
January 1, 2008
Page 4 of 9
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 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
--------------------------------------
Agreement - GF - 0802, ACAP Childcare
January 1, 2008
Page 5 of 9
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.
VIII. 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.
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.
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.
Agreement GF - 0802, ACAP Childcare
January 1, 2008
Page 6 of 9
XI. GENERAL PROVISIONS
A. The AGENCY agrees to submit a report to the CITY no later than
December 13, 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.
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.
--------------------------------------
Agreement - GF - 0802, ACAP Childcare
January 1, 2008
Page 7 of 9
G. The AGENCY agrees to comply with all local, state and federal laws
applicable to its performance under this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Agreement GF - 0802, ACAP Childcare
January 1, 2008
Page 8 of 9
Y N
PETER B. LEWIS
MAYOR
ATT T:
Danielle E. Daskam,
City Clerk
APP D
D . Hei ,
Ci y Attorney
A AP CHILD ND Y SERVICES
BY:
STATE OF WASHINGTON
TITLE: Executive Director
)ss
COUNTY OF KING )
On this day of 2008, before me, the undersigned, a
Notary Publ in and for the State of Washington, personally appeared
,. _-AAh)A , to me known to be the Executive Director of ACAP Child and
Family 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 have hereunto set my hand and affixed my official seal the date
hereinabove set forth.
"IUBLIC
.HINGTON
C EXRRES
N ARY PUBLIC in and for the State of
ashington, residing in ?1 %d
MY COMMISSION expires: a
Agreement GF - 0802, ACAP Childcare
January 1, 2008
Page 9 of 9
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is an addendum to those agreements for services between
the City of Auburn and ACAP Child and Family Servic for the Childcare program, the originals
of which were executed on the IW?- day of 2008. 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.
II. 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.
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
Agreement GF 0802 ACAP Childcare
January 1, 2008
Page 1 of 2
C NOAUB
r-
PETER B. LEWIS
MAYOR
ATT ST: ~
Danielle E. Daskam,
City Clerl
Daniel B. Heid," \
City Attorney
BY: t=77t7_
TITLE: Executive Director
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this -1,,- day of Q kq , 2008, before me, the undersigned, a
Notar-v Public in and for the State of Washington, personally appeared
Q:J / " iW £1 f , to me known to be the Executive Director of ACAP Child
and Family 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 have hereunto set my hand and affixed my official seal the
date hereinabove set forth.
NO-i-Ar ?_A BLIC
L
?? NGTON
_ ?:XPIRES
NOTARY PUBLIC in and for the State of
W shington, residing in 4121.o
My COMMISSION EXPIRES:
414
Agreement GF 0802 ACAP Childcare
January 1, 2008
Page 2 of 2
7A . I (o.
ADDENDUM NO. 1
ADDENDUM TO SERVICES AGREEMENT
BETWEEN ACAP CHILD AND FAMILY SERVICES AND THE CITY OF AUBURN
RELATING TO PROVISION OF PARENTING CLASSES AND FAMILY SUPPORT
THIS ADDENDUM is made and entered into this S4~day of 0 qa~L' ,
2008, by and between ACAP FAMILY SERVICES (hereinafter referred to as "ACAP") and the
CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as
the "CITY"), as an addendum to the Agreement between the parties for the provision of parenting
classes and family services executed on April 1, 2008.
In consideration of the mutual consideration outlined below, the sufficiency of which is
acknowledged by both parties, the parties agree to modify the original agreement as follows:
ITEM ONE The term of the contract is extended for 11 months: Section II of the
Agreement is amended to read as follows:
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 during 2008 are set forth in Exhibits 1 through 4 to this
agreement, and incorporated herein by this reference as if fully set forth.
During 2009 the services to be provided are as follows:
Program enhancement of service to under-served low-income children of the
Auburn community. Increase subsidies for access to off-set decreasing
DSHS subsidies of childcare To include: food art/crafts supplies, school
preparation and readiness targets in conLunction with Auburn School District.
Increase capacitv to serve special needs children of the greater Auburn area
Page 1
that otherwise have no other resource far childcare and education
preparedness.
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 31,2998
2009.
ITEM TWO Section III of the Agreement is amended to read as follows:
III. TERM
The term of this Agreement shall commence on January 1, 20098 and shall
expire on December 31, 2998 2009.
ITEM THREE Total compensation is increased by $22,000 for a total of $47,000: Section
4 C of the Agreement is amended to read as follows:
IV. PERFORMANCE REPORTS AND COMPENSATION
C. As full and total payment for the services provided under this Agreement, the
CITY agrees to pay the AGENCY the total amount of $47,000. For the
remainder of 2008, $25,000.00 shall be paid 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. For 2009,
the City shall make full pavment of $22 000 on the date this Amendment is
executed. The required format and content of quarterly invoices is set forth
Page 2
in the Exhibits to this Agreement, and is incorporated herein by this
reference. AGENCY will stillprovide quarterlv invoices for audit purposes
during the 2009 contract term.
ITEM FOUR Other provisions amended. Section XI A is amended to read as follows:
XI. GENERAL PROVISIONS
A. The AGENCY agrees to submit a report to the CITY no later than December
13, 2008, describing the progress and activities performed for the year 2008
under its scope of services. Additionallv Agencv agrees to submit a similar
report no later than December 13 2009 for the 2009 contract vear.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 3
ITEM FIVE REMAINING TERMS iJNCHANGED: All other provisions of the
Agreement between the parties for parenting classes and family support executed on April 1, 2008
shall remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the day and
year first above written.
ACAP CHILD AND FAMILY SERVICES
By:
Its:
Attest:
By:
Its:
Approved as to form:
Attorney for ACAP Child and Family Services
CIT~~U$URN
,
,
By:
Peter B. wis, Mayor
Attest:
By:
Daniel . Daskam. City Clerk
Page 4