HomeMy WebLinkAboutITEM VIII-B-2
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 3855
Department: I Attachments:
Finance Resolution No. 3855
Administrative Recommendation:
Date:
April 25, 2005
Budget Impact:
City Council adopt Resolution No. 3855.
Background Summary:
The City has negotiated a contract with the Auburn Food Bank to provide to the City and its residents
financial help to pay for heating bills, water/sewer utilities, shelter and other emergent financial needs at a
cost that is acceptable to the City.
N0502-1
03.11
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport [8J Finance
o Hearing Examiner 0 Municipal Servo
o Human Services 0 Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
[8J Finance 0 Parks
o Fire 0 Planning
o Legal 0 Police
o Public Works D Human Resources
o Information Services
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Backus I Staff: Coleman
Meeting Date: May 2, 2005 litem Number: VIII.B.2
RESOLUTION NO. 3 8 5 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT WITH THE AUBURN FOOD BANK
WHEREAS, the City of Auburn is engaged in various municipal functions,
including human services; and
WHEREAS, in order to provide for such services, it is appropriate that the
City enter into to contracts with other agencies; and
WHEREAS, the City has negotiated a contract with the Auburn Food Bank
to provide to the City and to its residents financial help to pay for h€lating bills,
water/sewer utilities, shelter and other emergent financial needs at a wst that is
acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute
an agreement in substantial conformity with the Agreement attachød hereto,
marked as Exhibit "A" and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Resolution 3855
April 26.2005
Page 1
Dated and Signed this
ATTEST:
Danielle E. Daskam,
City Clerk
Daniel B. Held,
City Attorney
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Resolution 3855
April 26, 2005
Page 2
day of
,2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
I
CONTRACT FOR HUMAN SERVICES
FY 2005 and 2007
THIS AGREEMENT, made and entered into this day of 2005
is by and between the City of Auburn, a code city and municipal corporation of the State
of Washington, hereinafter referred to as "City," and Auburn Food Bank, hereinafter
referred to as "Agency," to cover the City of Auburn Voluntary Utility BiII Donation
Program ("Auburn Cares" Program):
WITNESSETH:
WHEREAS, the City of Auburn, by Resolution , adopted a human
services policy to provide for the delivery of human services by private human services
agency under contract with the City of Auburn; and further, authorized the Mayor to enter
into a contract with Agency for the performance and delivery of such services; now,
therefore, in consideration of the mutual promises, terms and covenants herein set forth it
is agreed as follows:
I. Services. Agency shall provide to the City and to it's residents financial
help to pay for heating bills, water/sewer utilities, shelter, and other emergent
fmancíalneeds.
2. Comoensation. The City of Auburn shall pay Agency for completed
services rendered under this Agreement the total sum collected from utility bilIings
under the City of Auburn Voluntary Utility BíII Donation Program ("Auburn
Cares" Program) that are made during the term of this Agreement. Said amount(s)
shall be the total compensation for all services performed by Agency, including all
reports, supporting data, supervision, labor, supplies, materials, equipment, or the use
thereof and for all other necessary incidentals.
Agency shall submit a statement to the Mayor or his designee, no less than
quarterly, together with supporting documentation to the City no later than ten working
days after the close of each quarter. In no event shall a total of all payments for
completed services rendered under this agreement exceed the amount(s) set forth above.
Agency agrees that the services for which it seeks compensation under the terms
of this Agreement shall be or have been performed solely for the residents ofthe City of
Auburn.
3. General Administration and Management. The Mayor or his designee i!hall have
administrative responsibility for the City's performance under this Agreement IUld shall
review and mayapptove for payment of all statements and bills submitted by Agency to
the City for its performance under this Agreement. The Executive Director of Agency
shall be responsible for overall administration of the services by Agency under the terms
of this Agreement and for coordination with the City. Such coordination shall be
accomplished through the Finance Director.
4. Recordkeepin2IDocumentation. Agency shall maintain records and
accounts including personnel, property, financial, and programmatic records which
sufficiently and properly reflect all direct and indirect costs of any nature expended and
services performed in the performance of this Agreement and other such records as may
be deemed necessary by the City to insure proper accounting for all funds conttibuted by
the City to the performance of this Agreement in compliance with this AgreefJ1l~nt. These
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records shall be maintained for a period of seven (7) years after termination hl:reof unless
permission to destroy them is granted by the Office of the Archivist in accordimce with
RCW Chapter 40.14 and by the City.
The records and documents with respect to all matters covered by this Agreement
shall be subject at all times to inspection, review, or audit by the City and any other
governmental agency so authorized by law during the performance of this Agreement.
The City shall have the right to an annual audit of agency's financial statement and
condition.
5. Termination of Agreement. The term of this Agreement shall be
effective ,2005 and end effective December 31, 2007, provided either party
hereto may terminate or suspend this Agreement at any time with or without cause by
giving ten (10) days notice to the other party in writing. Termination or suspension shall
be effective ten days after the receipt of notice thereof by certified mail. In th~: event the
City terminates or suspends this Agreement, Agency shall be entitled to receive just and
equitable compensation for any satisfactory services rendered prior to the effe;tive date of
termination or suspension. If Agency's insurance coverage as required by this Agreement
is cancelled for any reason, the City shall have the right to terminate this Agrel~ment.
6. Hold Harrnless/Indemnification. Agency agrees to indemnify, defend, and
save harmless the City or its officers, agents, or employees, for any claim, real or
imaginary, filed against the City or its officers, agents, or employees, alleging damage or
injury arising out of the subject matter of this Agreement; due to the tortuous f~cts or
omissions of the Agency, its agents, servants. officers or employees provided. however,
that such provision shall not apply to the extent that damage or injury results fi:om the
sole fault of the City or its officers, agents, or employees. "Fault" as herein uSI:d shall
have the same meaning as set forth in RCW 4.22.015.
7. Insurance. Agency agrees to maintain and keep in force during the term of
this Agreement a standard form public liability policy, the limits of which shall not be
less than $1,000,000, combined limits, personal injury and property damage insurance. If
services to be provided include transportation by motor vehicle, then Agency agrees that
automobile liability insurance will be maintained which at a minimum provides a
business automobile policy with $1,000,000 combined single limit per accident for bodily
injury and property damage. If the services to be provided will include professional
services, then Agency agrees to maintain professional liability errors and omissions
insurance with minimum limits of no less than $1,000,000. For purposes of this section,
"professional services" shall mean any service provided by a physician, psychologist, or
other licensed professional.
Ifany policies of insurance are written on a "claims made basis," Agem:yagrees to
maintain such insurance coverage for a period of not less than three (3) years following
the completion of the services to the City under this Agreement.
Certification of coverage as required by paragraphs above shall be delivered to the
City within fifteen (15) days of execution of this Agreement.
8. General Provisions. Agency shall not deny or substantially impair any
person's receipt of services or benefits or assistance under this Agreement on the grounds
of age, sex, marital status, race, creed, color, sexual orientation, nationality, sensory,
mental, or physical handicap.
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Agency agrees it shall use all sums collected under this Agreement to provide
direct services only. Further that none of the money received under this Agreement
wíll be used for administrative expenses.
Agency and the City agree that Agency is an independent contractor with respect
to the services provided pursuant to this Agreement. Nothing io this Agreem<mt shall be
considered to create the relationship of employer and employee between the parties
hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits
accorded City employees by virtue ofthe services provided under this Agreement. The
City shall not be responsible for withholdiog or otherwise deducting federal income tax or
social security or contributing to the State Industrial Insurance program, or otherwise
assurning the duties of an employer with respect to Agency or any employees of the
Agency.
This Agreement may not be assigned or otherwise transferred by either of the parties
hereto.
Agency agrees to comply with all applicable federal, state, and local laws and
regulations regarding non-discrimination and employment. Agency shall not discriminate
against any employee or applicant for employment in connection with this Agreement
because of age, sex, marital status, race, creed, color, sexual orientation, nationality, or
the presence of any sensory, mental, or physical handicap, except where there is a bona
fide occupational limitation.
This Agreement contains the entire agreement between the parties hen,to and no
other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall
be deemed to exist or to biod any of the parties hereto.
No change, alteration, modification, or addition to this Agreement will be
effective unless it is io writing and properly signed by both parties hereto.
This Agreement will termioate on December 31, 2007 unless otherwise
extended by mutual agreement of both parties io writiog.
Notices to the City of Auburn shall be sent to the following address:
Shelley Coleman, Finance Director
City of Auburn
25 W. Main Street
Auburn, Washington 98001
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
CITY OF AUBURN
Auburn Food Bank
Agency
By:
Mayor
By:
Agency Executive Director
Address:
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By:
City Attorney
PHONE:
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