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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