HomeMy WebLinkAboutKing County Sexual Assault Resource Center GF0928,A 3 , t(o.1►
AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into this ~t~ day of
2009, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington, hereafter referred to as "CITY", and KING
COUNTY SEXUAL ASSAULT RESOURCE CENTER which is located at 200 Mill Avenue
South, Ste 10, Renton. WA 98055, 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 confidential shelter to victims of domestic violence; and
WHEREAS, the CITY is interested in continuing support of KCSARC, 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 2009 term. This support is in
recognition of the fact that the demand for the services delivered by the AGENCY
continues to rise.
111. 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,
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January 1, 2009
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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, 2009.
III. TERM.
The term of this Agreement shall commence on January 1, 2009 and shall expire
on December 31, 2009.
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, 2009. 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 aprees to pav the AGENCY the total amount of $22,500 00 as set forth in
Exhibit 1. The CITY will pay an amount equal to one-quarter of the total amount within
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January 1, 2009
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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.
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 ctaim
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
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January 1, 2009
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under this Agreement may not be assigned or subcontracted by the AGENCY without the
prior written consent of the CITY.
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 insured as respects: Liability arising out of services and
activities performed by or on behalf of AGENCY, its employees, agents and
Agreement - GF - 0928, KCSARC
January 1, 2009
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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
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January 1, 2009
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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.
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.
Agreement - GF - 0928, KCSARC
January 1, 2009
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XIi. GENERAL PROVISIONS.
A. The AGENCY agrees to submit a report to the CITY no later than
December 12, 2009, describing the progress and activities performed for
the year 2009 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 attorney's fees and
expenses and court costs shafl be paid to the substantially prevailing party.
Agreement - GF - 0928, KCSARC
January 1, 2009
Page 7 of 9
G. The AGENCY agrees to comply with all local, state and federal laws
applicable to its performance under this Agreement.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Agreement - GF - 0928, KCSARC
January 1, 2009
Page 8 of 9
CITY OF AU URN
PETER B. LEWIS
MAYOR
AT EST:
Danielle E. Daskam,
City Clerk
D
Daniel B. F
City Attorn
BY:
TITLE:
STATE OF WASHINGTON
)ss
COUNTY OF KING )
On this Iday of I GC,d''Lj1 , 2009, before me, the undersigned, a
Notary Public in and for e State of Washington, personally appeared
P1 L,,r~d &-/(,Q. ,I ~~~to me known to be the Executive Director of KCSARC, the
non-profit rporation 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
hereinabovk~se~~l1h~~,,
~~,DA Rog, f~+f+~~~/
,~.~~~~t~~~
wXgS10A/
NOTARY PUBLIC in and for the State of
Au~~.,~ 'OVg~~G = = Washington, residing in
i,o`~GMY COMMISSION expires: 7-/v " i/
'►i~... WASH
Agreement - GF - 0928, KCSARC
January 1, 2009
Page 9 of 9
MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT made and entered into this 2k"" day of , 2009,
by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington, hereafter referred to as "CITY", and KING COUNTY SEXUAL ASSAULT
RESOURCE CENTER which is located at 200 Mill Avenue South, Ste 10. Renton, WA
98055, a non-profit corporation organized under the laws of the State of Washington,
hereafter referred to as "AGENCY."
1. It is the long term goal of the City of Auburn to reduce the number of people
within the City of Auburn who are victims of sexual assault by insuring victims
receive needed services and prevention programming is in place within the
city.
II. The grant funds provided to the Agency during the 2009 year are provided with
the objective of working towards the goal of reducing sexual assault within the
City of Auburn.
KCSARC will consult in the creation of a collaborative and comprehensive
intervention strategy that establishes written procedures and protocols for
interaction, support and assistance with the City's Domestic Violence advocate
with the goal of connecting, where appropriate and desired, victims of sexual
assault and domestic violence to KCSARC and DV senrices.
III. The City of Auburn will utilize the following performance measures in
evaluating the effectiveness of reaching this goal.
a. Performance Indicators
Agreement GF - 0928, KCSARC
January 1, 2009
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■ Increasing the number of victims and their families who seek assistance
from KCSARC.
■ Increasing the number of community member who know about
prevention and safety resources.
■ Developing a base line of parents and other concerned adults to
contact KCSARC for advice re: prevention or early intervention.
■ Increase in the number of sexual assault protection orders provided to
Auburn residents (where appropriate).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Agreement GF - 0928, KCSARC
January 1, 2009
Page 2 of 4
ER B. LEWIS
MAYOR
A ST:
Dan Ile E. Daskam,
City Clerk n
DanWB. Heid,
City Attorney
~ KSCARC
BY:
TITLE: Executive Director
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this c~ ~ day of 1eZ4rt:-1, 2009, before me, the
undersigned; a Notary Public in and for t State of Washington, personally appeared
/a~"'~Ja,i t,/ $~//,erl to me known to be the Executive Director of
K SAR , 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 hergipabove set forth. _
,nA ROQ
~ gtON~F~~,~~~~ ~ ~~~~''h~~F
Agreement GF - 0928,
January 1, 2009
Page 3 of 4
NOTARY PUBLIC in and for the State of
Washington, residing in
MY COMMISSION expires: 7-iC~
KCSARC
Agreement GF - 0928, KCSARC
January 1, 2009
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