HomeMy WebLinkAbout30421 RESOLUTION NO. 3 0 4 2
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF AUBURN, TO EXECUTE A CONTRACT BETWEEN THE CITY OF AUBURN
4 AND DOMESTIC ABUSE WOMEN'S NETWORK (DAWN) RELATING TO FUNDS
RECEIVED FROM A PORTION OF THE CRIMINAL JUSTICE TWO PERCENT
5 SALE TAX REVENUES RECEIVED BY THE CITY PURSUANT TO RCW
82.14,340 TO PROVIDE DOMESTIC VIOLENCE COMMUNITY ADVOCACY
6 SERVICES FOR 1999.
7
8 WHEREAS, the CITY has 'approved the expenditure of a
9 portion of the Criminal Justice two percent sales tax revenues
]0 received by the CITY pursuant to RCW 82.14.340 for domestic
11 violence community advocacy services; and
12 WHEREAS, the CITY desires to award these funds to DAWN to
]3 perform domestic violence community advocacy services pursuant
]4 to certain terms and conditions as described in this contract;
15 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
16 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
]7 RESOLVES THAT:
18 Section 1. The Mayor and City Clerk of the City of
]9
Auburn, Washington, are authorized to execute a Contract for
20
Services between the City of Auburn and Domestic Abuse Women's
Network (DAWN) to provide domestic violence community advocacy
22
services for 1999 as outlined in said Contract. A copy of
said Contract is attached hereto, is designated Exhibit
24
and incorporated by reference in this Resolution.
25
26
Resolution No. 3042
December 21, 1998
Page 1
1 Section 2. The Mayor is hereby authorized to implement
2
such administrative procedures as may be necessary to carry
3
out the directires of this legislation.
4
/
5 DATED and SIGNED this yFebruary, 1999.
7 CITY OF AUBURN
8
]0
CHARLES A. BOOTH
]1 MAYOR
12
13
ATTEST:
14
15
Danielle E. Daskam,
]7 City Clerk
18
19
APPROVED AS TO FORM:
20
2] /Mi!hae~n
22
olds,
23 City Attorney
24
25
26
Resolution No. 3042
December 21, 1998
Page 2
CONTRACT FOR SERVICES
2
THIS CONTRACT made and entered into this /~ day of
4 ~ , 1998 by and between the CITY OF AUBURN, a
5
municipal corporation of the State of Washington, hereinafter
6
referred to as the ~CITY", and DOMESTIC ABUSE WOMEN'S METWORK,
7
P.O. Box 1521, Kent, WA 98032, hereinafter referred to as
8
"DAWN".
9
WHEREAS, the CITY has approved by Council Resolution the
]0
expenditure of a portion of the Criminal Justice two percent
]1
sales tax revenues received by the City pursuant to RCW
]2
82.14.340; and
WHEREAS, the CITY desires to award a portion of these
14
funds to DAWN to perform services pursuant to certain terms
15
and conditions as described in this Contract;
16
NOW, THEREFORE, IN CONSIDERATION of the mutual benefits
17
and conditions hereinafter contained, the parties hereto agree
]8
as follows:
19
I. PURPOSE
20
The purpose of this Contract is to provide a portion of
the criminal justice two percent sales tax revenues received
22
by the CITY pursuant to RCW 82.14.340 to provide domestic
violence community advocacy services to domestic violence
24
25
26 Resolution No. 3~2 DAWN-Communi~ Advocate
Exhibit "A" { dawn99ca}
~cember 21, 1998
Pge 1
1
victims residing within the jurisdictional boundaries of the
2
CITY.
II. SCOPE OF SERVICES
4
The parties agree and understand that DAWN agrees to
5
provide community advocacy services for victims of domestic
6
violence.
7
A. DAWN will provide a half-time community advocate(s)
8
to serve CITY residents who are victims of domestic violence.
9
B. DAWN will provide outreach services to the Auburn
]0
community. Such outreach services will include:
]]
1. Public information activities aimed at
12
informing the general public of the services
available through DAWN.
]4
2. Working with the general public to enhance the
15
understanding of domestic violence as a
]6
reprehensible social and criminal act.
17
3. Conduct outreach to unserved and underserved
18
special populations to allow access to victims
19
who would not otherwise seek assistance.
20
4. Conduct outreach in a culturally relevant
21
manner consistent with the social norms of the
22
population(s) being served.
24
25
26 Resolution No. 30~ DAWN~ommuni~ A~oc~e
Exhibit "A" {dawn99ca}
December 21, 1998
P~e 2
1
5. Ongoing knowledge of and contact with other
2
community resources
6. Post information on domestic violence in
4
hospitals, community clinics and with other
5
community organizations providing resources to
the potential client population.
?
C. DAWN will provide intervention and ongoing advocacy
8
to victims of domestic violence.
9
1. Priority will be given to victims in the most
]0
immediate danger.
]1
D. Services will be provided in such a way that the
]2
rights and needs of the victims, which include children,
are addressed.
14
1. The first priority will be the safety of the
15
victims of domestic violence.
16
2. Services will be delivered in a manner
17
sensitive to the needs of the individual but
18
without prejudice based upon race, color, sex,
19
religion, nationality, creed, marital status,
20
sexual orientation, age or presence of any
21
sensory, mental or physical handicap.
22
24
26 ~so|mion N0, 30~ DAV~N-C0mmuni~ Adv0c~e
Exhibit "A" {dawn99ca}
December 21, 1998
P~e 3
]
3. Services will be delivered in such a manner as
to clearly communicate to victims that help is
continually available and accessible.
4
4. Upon initial contact, assess the victims
5
current situation, develop an individual safety
6
plan, and make appropriate timely referrals.
7
5. Educate victims on the cycle and dynamics of
8
domestic violence.
9
6. Provide information about obtaining safe and
]0
affordable temporary housing.
1]
7. Assist victims in securing necessary language
]2
interpretation services.
8. Assist victims to obtain services which meet
]4
special physical or emotional needs, including
]5
services for the disabled.
]6
9. Provide ongoing problem solving, advocacy
17
personal support and consultation to include
being available to the victim for emergency
19
situations.
20
10. Assist victims by conducting a comprehensive
2]
needs assessment to determine long-term
22
choices, regardless of whether the victim
leaves home.
24
25
~solution No. 3042 DAWN~omm~i~ Advocate
Exhibit "A" { dawn99ca}
Decemir 21, 1998
Page 4
]
E. DAWN will coordinate with the local community
support systems to assist victims of domestic violence.
Advocates will:
4
1. Assist and educate the victim how to access
5
other systems such as health care, counseling,
food banks safe or affordable housing,
7
childcare.
8
2. Referrals to CPS if necessary.
9
3. Child care referrals.
10
4. Referrals to support groups.
11
5. Work with the victim, children and educational
12
system to arrange for appropriate and safe
13
school setting.
14
6. Facilitate creation of support groups in cases
15
where those groups are not readily available
]6
when funding allows.
17
F. DAWN will assist in establishing referral protocol
18
with local hospitals and other health related services.
19
G. DAWN will work with the Regional Planning team to
20
develop a regional approach to domestic violence with
specific attention to:
22
1. Regional Training & Protocol Development;
25
26 ~solution No. 3042 DAWN~omm~i~ A~ocate
~hibit "A" {dawn99ca}
December 21, 1998
P~e 5
I
2. Management Information System (MIS) and Data
2
gathering;
3. Evaluation.
4
III. STATU8 REPORT
5
DAWN shall develop and provide to the City within 60 days
after the completion of the 1998 calendar year a status report
?
containing a program evaluation component commonly referred to
8
as the ~Logic Model" which will show the intended linkages
9
between the activities conducted and the changes the
10
activities will produce.
A. The components of the evaluation will:
12
1) Identify both process and outcome portions of those
services which DAWN has agreed to provide;
]4
2) Show the relationship of program resources and
]5
activities to the expected results or outcomes
]6
3) Help identify those questions the evaluation is to
17
answer
18
4) Provide a graphic summary of how program parts
19
relate to the whole
20
5) Make explicit the underlying theory of the program
21
and
22
6) Identify measurable categories in the program
evaluation.
24
25
26 ~solution No. 3~2 DAWN-Communi~ Advocate
Exhibit "A" {dawn99ca}
~cember 21, 1998
P~e6
1
B. DAWN shall develop the following status report
2
components within the time frames established below:
1) 2nd Quarter 1998 Year
4
a) The outcome based results DAWN expects to
5
achieve;
b) An indicator to inform DAWN that the anticipated
?
change has or has not occurred;
8
c) The method for gathering information needed to
9
indicate the outcomes that have occurred;
10
2) 3rd Quarter 1998 Year
11
a) Initial Collection and assessment of the
12
information acquired to include:
alterations in the anticipated outcomes or
14
alteration in the methodology of information
15
gathering.
3) 4th Quarter 1998
17
a) Information collected;
]8
b) Conclusions developed as a result of the
]9
information.
20
IV. TERM
21
The term of this Contract shall commence on January 1,
22
1998 and will expire on December 31, 1998.
24
25
28 ~solution No. 3042 DAWN-Commun~ A~oc~e
~hibit "A" {dawn99ca}
~¢ember 21, 1998
Page 7
1
V. COMPENSATION
2
As full and total payment for the services provided under
the terms of this Contract, the CITY agrees to pay DAWN the
4
total amount of TWENTY THOUSAND ONE HUNDRED DOLLARS ($20,100).
5
DAWN will submit a statement with documentation to the CITY
describing services and activities that it has rendered under
7
the terms of this Contract together with the source
8
documentation for hours of service delivered and the
9
activities provided and the CITY will pay such amount upon
10
proper submittal. However, the final statement of services
11
rendered will be submitted on or before December 15, 1998.
VI. INDEMNIFICATION
13
DAWN agrees to defend, indemnify, and hold harmless the
14
CITY, its elected and appointed officials, employees and
15
agents from and against any and all claims, demands and/or
16
causes of action of any kind or character whatsoever arising
17
out of or relating to services provided by DAWN, its
18
employees, volunteers or agents concerning any and all claims
19
by any persons for alleged injury or damage to persons or
20
property to the extent caused by the negligent acts, errors or
property to the extent caused by the negligent acts, errors or
omissions of DAWN, its employees volunteers or agents or
representatives. In the event that any suit or claim for
24
25
26 Resolution No. 3042 DAWN-Communi~ Advoc~e
Exhibit "A" {dawn99ea}
December21, 1998
Page 8
1
damages based upon such claim, action, loss or damage is
brought against the CITY, DAWN shall defend the same as its
3
sole costs and expense; provided that the CITY retains the
4
right to participate in said suit if any principle of
5
governmental or public law is involved; and if final judgment
be rendered against the CITY and/or its officers, elected
7
officials, agents and employees or any of them or jointly
8
against the CITY and DAWN and their respective officers,
9
agents, volunteers, employees or any of them, DAWN shall fully
10
satisfy the same and shall reimburse the CITY any costs and
11
expense which the CITY has incurred as a result of such claim
12
or suit. The provisions of this section shall survive the
expiration or termination of this Contract.
14
VII. INDEPENDENT CONTRACTOR/ASSIGNMENT
15
The parties agree and understand that DAWN is an
16
independent contractor and not the agent or employee of the
17
CITY and that no liability shall attach to the CITY by reason
18
of entering into this Contract except as provided herein. The
]9
City will not be responsible for withholding or otherwise
20
deducting federal income tax or social security payments, or
21
contributing to the State Industrial Insurance Program, or
22
otherwise assuming the duties of an employer with respect to
DAWN and that neither DAWN or any employee of DAWN shall be
24
25
26 ~solution No. 3042 DAWN-Communi~ Advoca~
Exhibit "A" {dawn99ca}
December 21, 1998
Page 9
1
entitled to any benefits accorded city employees by virtue of
2
any services provided under the contract. The services
required under this Contract may not be assigned or
4
subcontracted by DAWN without the prior written consent of the
5
CITY.
VIII. INSURANCE
7
DAWN shall procure and maintain for the duration of this
8
Contract insurance against claims for injuries to persons or
9
property which may arise from or in connection with services
10
provided by DAWN, its agents, employees or volunteers under
11
this Contract. DAWN agrees to provide comprehensive general
]2
liability insurance and shall maintain liability limits of not
iS
less than ONE MILLION DOLLARS ($1,000,000) combined single
14
limit coverage per occurrence for bodily injury, personal
15
injury and property damage. DAWN shall also provide and
maintain professional liability coverage including errors and
17
omissions coverage in the minimum liability amount of ONE
]8
MILLION DOLLARS ($1,000,000) combined single limit per
19
occurrence for bodily injury, personal, injury and property
20
damage. Any deductibles or self insured retentions in either
policies 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
24
25
28 ~solution No. 3042 DAWN-Communi~ Advoc~e
Exhibit "A" { dawn99ca}
Dcccmbcr 21, 1~8
P~c 10
1
respects the CITY, its officials and employees; or DAWN shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
4
The policies are to contain or be endorsed to contain the
5
following provisions:
A. GENERAL LIABILITY COVERAGE:
7
1) The CITY, its elected and appointed officials,
8
employees and agents are to be covered as insureds
9
as respects: Liability arising out of services and
10
activities performed by or on behalf of DAWN, its
11
employees, agents and volunteers. The coverage
12
shall contain no special limitations on the scope of
protection afforded to the CITY, its elected and
14
appointed officials, employees or agents.
15
B. GENERAL LIABILITY AND . PROFESSIONAL LIABILITY
18 COVERAGES:
]7 1) DAWN's insurance coverage shall be primary insurance
18
as respects the CITY, its officials, employees and
19
agents. Any insurance or self insurance maintained
20
by the CITY, its officials, employees or agents
21
shall be in excess of DAWN's insurance and shall not
contribute with it.
24
25
26 Resolution No. 3042 DAWN~omm~i~ Advocate
Exhibit "A" {dawn99ca}
Decemir 21, 1998
Page 11
2) Any failure to comply with reporting provisions of
the policy shall not affect coverage provided to the
CITY, its officials, employees or agents.
4
3) Coverage shall state that DAWN's insurance shall
5
apply separately to each insured against whom claim
is brought or suit is brought except with respect to
7
the limits to the insurer's liability.
8
4) Each insurance policy required by this clause shall
9
be endorsed to state that coverage shall not be
10
suspended, voided, cancelled, reduced in coverage,
11
or in limits except after thirty (30) days prior
12
written notice by certified mail return receipt
requested has been given to the CITY. DAWN agrees
14
to provide copies of the Certificates of Insurance
15
to the CITY at the time that this Contract takes
16
effect.
17
5) DAWN shall furnish the CITY with Certificates of
]8
Insurance and with original endorsements affecting
19
coverage required by this clause. The certificate
20
and endorsements for each insurance policy are to be
2]
signed by a person authorized by that insurer to
bind coverage on its behalf. The CITY reserves the
23
24
28 ~sol~on No. 3042 DAWN-Commun~ Advoca~
E~ibit "A" {da~99ca}
~eember 21, 1998
Page 12
1
right to require complete, certified copies of all
required insurance policies at any time.
6) DAWN shall include all volunteers, employees and
4
agents under its policies or shall furnish separate
5
certificates and endorsements for each. All
coverages for volunteers shall be subject to all the
7
requirements stated herein.
8
IX. NO~DISCRIMINATION
9
DAWN may not discriminate under any services or programs
10
to which this Contact may apply directly or through
11
contractual or other arrangements on the grounds of race,
12
color, sex, religion, nationality, creed, marital status,
13
sexual orientation, age or presence of any sensory, mental or
14
physical handicap.
15
X. BOOKS AND RECORDS
]6
DAWN agrees to maintain separate accounts and records in
17
accordance with State Auditor's procedures, including
18
personnel, property, financial and programmatic records which
19
sufficiently reflect direct and indirect costs and services
performed under this Contract. DAWN agrees to maintain all
books and records relating to this Contract for a period of
six (6) years following the date that this Contract is expired
or otherwise terminated. The parties agree that the CITY OF
24
25
26 ~soludon No. 3~2 DAWN~ommuni~ Advoc~e
E~ibit "A" { dagm99¢a}
December 21, 1998
Page 13
1
AUBURN may inspect such documents upon good cause at any
reasonable time within the six (6) year period.
XI. TERMINATION OF AGREEMENT
4
This Contract may be terminated by either party upon ten
5
(10) days written notice should the other party fail
6
substantially to perform in accordance with its terms through
7
no fault of the other.
8
XII. GENERAL PROVISIONS
9
A. In addition to the reports required by this
10
Contract, DAWN agrees to submit a report to the CITY no later
11
than January 31, 1998 describing the progress and activities
performed for the year 1998 under its Scope of Services. The
13
report shall include data regarding the type and level of
]4
services provided to CITY residents as well as the number of
]5
persons served who reside within the jurisdictional boundaries
of the CITY.
17
B. This Contract shall be governed by the laws,
18
regulations and ordinances of the CITY, the State of
]9
Washington and County of King and where applicable, Federal
20
laws.
2]
C. The CITY and DAWN respectively bind themselves,
their successors, volunteers, assigns and legal
24
25
28 ~solut~n No, 3~2 DAWN-Commun~ Advoc~
E~ibit "A" { dawn99ca}
~mber 21, 1998
P~eI4
1
representatives to the other party to this Contract and with
2
respect to all covenants to this Contract.
Do This Contract represents the entire and
4
integrated Contract between the CITY and DAWN and supersedes
5
all prior negotiations. This Contract may be amended only by
written instrument signed by both the CITY and DAWN.
7
E. Should it become necessary to enforce any term
8
or obligation of this Contract, then all costs of enforcement
9
including attorneys fees and expenses and court costs shall be
10
paid to the substantially prevailing party.
]]
F. DAWN agrees to comply will all local, state and
12
federal laws applicable to its performance under this
13
Contract.
14
CITY OF AUBURN
15
17 CHARLES A. BOOTH MAYOR
18 ATTEST:
~a~ielle E. Daskam,
City Clerk
22
24 City Attorney
25
26 Reso]u~o. No. 3~2 DAV~N-C0mm..i~ Advocate
$~ibit "A" {da~99ca}
~cember 21, 1998
Page 15
1
2
DOMESTIC ABUSE WOMEN'S NETWORK
3 (DAWN)
4
5 BY:
6
7 TITLE:
8
9
STATE OF WASHINGTON )
10 )ss
COUNTY OF KING )
11 On this ~i ~ day of ~[I/~D~J , 1998, before
12 me, the undersigned, a Notary Public in and for the State of
Washington, personally appeared
13 to me known to be the Executive Director of DOMESTIC ABUS~
WOMEN'S NETWORK (DAWN), the non-profit corporation that
14 executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of
15 said non-profit corporation for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to
16 execute said instrument on behalf of said non-profit
corporation.
17
IN WITNESS WHEREOF, I have hereunto set my hand and
18 affixed my official seal the date heroinabove set forth.
19 ~~a
20
NOTARY nd f he State
21 Washington, residing at~ C of
22 MY COMMISSION expires:
23
24
25
26 Resolution No. 3042 DAWN-Communi~ Advoca~
Exhibit "A" {da~99ca}
~cembcr 21, 1998
P~cl6