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HomeMy WebLinkAboutAuburn Boys and Girls ClubAGREEMENT FOR SERVICES THIS AGREEMENT made and entered into this i day of , 2009, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereafter referred to as "CITY", and AUBURN BOYS AND GIRLS CLUB which is located at 313 37th Place SE, Auburn, Washinqton 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 out-of-school programs for Auburn youth; and WHEREAS, the CITY is interested in continuing support of AUBURN BOYS AND GIRLS CLUB 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. 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-0909, Auburn Boys & Girls Club January 1, 2009 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, 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 senrices 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, 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 aqrees to pav the AGENCY the total amount of $30,000.00 as set forth in Exhibit 1. The CITY will pay an amount equal to one-quarter of the total amount within Agreement - GF-0905, Auburn Boys & Girls Club January 1, 2009 Page 2 of 9 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 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 Agreement - GF-0909, Auburn Boys & Girls Club January 1, 2009 Page 3 of 9 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-0905, Auburn Boys & Girls Club January 1, 2009 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-0909, Auburn Boys & Girls Club January 1, 2009 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. 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 fotlowing 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-0905, Auburn Boys & Girls Club January 1, 2009 Page 6 of 9 XII. GENERAL PROVISIONS. A. The AGENCY agrees to submit a report to the CITY no later than December 13, 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 attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. Agreement - GF-0909, Auburn Boys & Girls Club 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement - GF-0905, Auburn Boys & Girls Club January 1, 2009 Page 8 of 9 CITY F AUBURN ~ PETER B. LEWIS MAYOR STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this ~ day of rvltirel~ , 2009, before me, the undersigned, a NoM41M _P blic in and for the State of Washington, personally appeared -0~600"je% , to me known to be the Executive Director of Boys and Girls Clu , the n-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. NOTARY PUBLIC in and for~e St~f . Washington, residing in ~ MY COMMISSION expires: / 2- Agreement - GF-0909, Auburn Boys & Girls Club January 1, 2009 Page 9 of 9 AT EST: ~ kfict\tq Danielle E. Daskam, City Clerk CITYOF z'U'~~. `~l \ * J~ ~ WASHINGTON HUMAN SERVICE AGREEMENT 2009 INVOICE FOR CONTRACTED SERVICES To: CITY OF AUBURN, ATTN: MICHAEL HURSH, HUMAN SERVICES 25 WEST MAIN STREET, AUBURN WA 98001 Agency: Auburn Boys & Girls Club P.O. Box 3134 Federal Way, WA 98063 Program: Safe Zone for Kids Amount Requested: $ 7,500.00 ' COt0Ef~ PAGE Contact, Title: Daniel Johnson, Director Phone: 206-954-5926 Email: djohnson@positiveplace.org Invoice for: ❑ 1St Quarter, January to March - Due April 15, 2009 ❑ 2"d Quarter, April to June - Due July 15, 2009 ❑ 3`d Quarter, July to September - Due October 15, 2009 ❑ 4th Quarter (Final) October to December - Due January 31, 2010 Attachments: ❑ Quarterly Service Report ❑ Quarterly Financial Report ❑ Demographic Report (2"d and 4th Quarters only) ❑ Logic Model (1st Quarter only) ❑ Outcomes Report (4th Quarter only) ❑ Proof of Insurance (1't Quarter and/or if expired since last reimbursement request) I certify to the best of my knowledge that this invoice and attachments reflect actual service provided to Auburn residents. Signature of Authorized Representative Date The City of Auburn will issue payment upon this invoice within forty-five (45) business days of receipt. To ensure prompt payment, please submit this form and all required attachments by the date listed above. FOR CITY OF AUBURN USE ONLY: Contract Amount: $30,000.00 Payments Year to Date: Payment this invoice: Contract Balance: Authorized to Pay: Signature / Date CITY OF AUBUR;~V CUVER PAGE - IVIUST BE StGNED AND SUBMITTECt VVITH EACH PAYIUCENT REQUEST HUMAN SERVICE AGREEMENT 2009 SCOPE OF SERVICES AND QUARTERLY SERVICE UNIT REPORT Agency Information Auburn Boys & Girls Club P.O. Box 3134 Federal Way, WA 98063 Contact, Title: Daniel Johnson, Director Phone: 206-954-2926 Email: djohnson@positiveplace.org Are professional services (e.g., counseling, case management) provided as part of this Agreement? Contract Information Contract Amount: $30,000 Program Name: Safe Zone for Kids Description of Service to be provided: Reporting Information Report for _ 1 st Qtr/Jan-Mar 2009 Service Units Service Unit Description: Auburn Residents Only _ 2"d Qtr/Apr-Jun _ 3'd Qtr/Jul-Sep City Funding Only Total Projected Annual Units All Funding Sources Actual Units by Quarter _ 4th Qtr/Oct-Dec Actual Service Units to Date, all Fund Sources I Service Unit/Performance Measure ~ I 1st I 2"d I 3ro 4t Unduplicated Number of Auburn Clients Served Narrative: Please attach other relevant information, including current trends, program developments, special events, publicity, community education, etc. If actual service units are lower than anticipated, please explain. CITY OF AUBURN 2009 Quarterly Financial Report Agency: Auburn Boys & Girls Club Date: Program: Safe Zone for Kids Report for _ 15` Qtr/Jan-Mar _ 2"d Qtr/Apr-Jun _ 3`" Qtr/Jul-Sep 4'h Qtr/Oct-Dec ti l C Award Cost Categories Budget Award This Request ve a umu to date Balance 1 Personal/Agency Services 2 Office/Operating Supplies 3 Consultant or Purchased Services 4 Direct Client Assistance rt = Detail Grand Total $30,000.00 Requested Reimbursement: ble: Detail as Applica CITY OF AUBURN 2009 Demographic Report Agency: Auburn Boys and Girls Club Date: Program: Safe Zone for Kids CITY OF AUBURN 2009 Outcomes Evaluation Format Agency: Auburn Boys & Giris Club Date: Program: Safe Zone for Kids 1. Submission Dates. This report shall be submitted with the first quarter invoice and again within sixty (60) days of the end of the calendar year. II. Contents. A. The components of the evaluation will: 1) Identify both process and outcome portions of the services that BOYS & GIRLS CLUB proposes to provide the City of Auburn. 2) Show the relationship of program resources and activities to the expected results or outcomes; 3) Help identify those questions the evaluation is to answer; 4) Provide a graphic summary of how program parts relate to the whole; 5) Make explicit the underlying theory of the program; and 6) Identify measurable categories in the program evaluation. B. BOYS & GIRLS CLUB shall develop the following status report components within the time frames established below: 1) 15` Quarter a) The outcome based results BOYS & GIRLS CLUB expects to achieve; b) An indicator to inform the City of Auburn that the anticipated change has or has not occurred; and c) The method for gathering information needed to indicate the outcomes that have occurred. d) Initial Collection and assessment of the information acquired to include alterations in the anticipated outcomes or alterations in the methodology of information gathering. 2) 4'h Quarter a) Information collected; b) Conclusions developed as a result of the information. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is an addendum to the agreement for services between the City of 9u _burn and Au rn 6 ys and Girls Clubs, the original of which was executed on the day of , 2009. All other terms and conditions of the agreement for services shall r ain 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 2009 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 - 0909, AUBURN BOYS AND GIRLS CLUBS January 1, 2009 Page lof 2 ~RN PETER B. LEWIS MAYOR A EST: A )aQ~ Da ' le E. Daskam, City Clerk APP O =DO iel B. Heid, ~ City Attorney AUBURN OYS AND GIRLS CLUBS Y: TITLE: Executive ~ ctor STATE OF WASHINGTON )ss COUNTY OF KING ) ~ On this 2L4 day of n/~ V V IGVU~ , 2009, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared G► 4'. l.E 'VDh n sO, , to me known to be the Executive Director of AUBURN BOY AND GIRLS CLUBS, 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. ~ Ma++~c.... W a-fYDKs NOTARY PUBLIC in and for the S ate of Washington, residing in kre(Q MY COMMISSION EXPIRES /Z Agreement GF - 0805, AUBURN BOYS AND GIRLS CLUBS January 1, 2009 Page 2 of 2