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HomeMy WebLinkAbout30461 RESOLUTION NO. 3 0 4 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH VALLEY CITIES COUNSELING AND CONSULTATION TO 4 PROVIDE MENTAL HEALTH SERVICES FOR AUBURN RESIDENTS DURING 1999. 5 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: 8 SECTION 1. AGREEMENT. The Mayor and City Clerk of the 9 City of Auburn are herewith authorized to execute an Agreement ]0 for Services with VALLEY CITIES COUNSELING AND CONSULTATION to 11 provide mental health services to Auburn residents during 12 1999. A copy of said Agreement is attached hereto and 13 denominated Exhibit "A" and incorporated herein. 14 SECTION 2. AUTHORIZATION. The Mayor is hereby 15 authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. 20 CITY OF AUBURN 21 24 MAYOR Resolution No. 3046 December 23, 1998 Page 1 1 2 3 ATTEST: 4 6 Danielle E. Daskam, City Clerk 7 8 9 APPROVED AS TO FORM: 10 ll ~~ ]2 . Reynolds, City Attorney 13 14 15 16 17 18 19 20 21 22 23 25 26 Resolution No. 3046 December 23, 1998 Page 2 ] AGREEMENT FOR SERVICES 2 '3 THIS AGREEMENT made and entered into this /~'~ day of 5 orporati the State of Washington, hereafter 6 referred to as "CITY" and VALLEY CITIES COUNSELING AND 7 CONSULTATION, a non-profit corporation organized under the 8 laws of the State of Washington, hereinafter referred to as 9 ~VALLEY CITIES COUNSELING AND CONSULTATION", whose address is ]0 2704 "I" Street Northeast, Auburn, Washington 98002, ]l previously known as VALLEY CITIES MENTAL HEALTH CENTER in the 12 1994 Agreement for Services authorized by City of Auburn 13 Resolution No 2472. 14 WHEREAS, VALLEY CITIES COUNSELING AND CONSULTATION ]5 provides a valuable service to the CITY and its residents 16 through the dispensation of special mental health services; 17 and 18 WHEREAS, the CITY is interested in continuing support of 19 the dispensation of special mental health services. 20 NOW, THEREFORE, In consideration of the covenants and 21 conditions of this Agreement, the parties agree as follows: 22 I. PURPOSE. 23 The purpose of this Agreement is to provide for an 24 appropriation to VALLEY CITIES COUNSELING AND CONSULTATION for 25 26 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 Dece~er 21, 1998 (a\vccc99} Page 1 1 providing mental health services to Auburn residents participating in the Survivor's Support and Therapy Program during the 1999 term. This continued support is in 4 recognition of the fact that the demand for the services 5 delivered by the VALLEY CITIES COUNSELING AND CONSULTATION 6 continues to rise. 7 II. SCOPE OF SERVICES. 8 The parties agree and understand that VALLEY CITIES 9 COUNSELING AND CONSULTATION agrees to provide comprehensive 10 mental health services to Auburn residents through VALLEY 11 CITIES COUNSELING AND CONSULTATION Survivor's Support and 12 Therapy Program. Comprehensive mental health services shall include but are not limited to those services described as 14 follows: 15 A. Mental health services enabling the client to overcome the devastating consequences of trauma 17 resulting from domestic violence, sexual abuse, ]8 physical abuse or emotional abuse experienced in 19 childhood or as an adult. 20 B. Ongoing and in-depth mental health services 21 assisting the client to: (1) gain a self 22 understanding of the effects of victimization; (2) resolve feelings of anger and lack of personal 24 25 26 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 December 21, 1998 {a\vccc99} Page 2 1 worth; and (3) learn and practice skills that enhance self esteem and communication. In addition, VALLEY CITIES COUNSELING AND CONSULTATION 4 agrees to work closely with the CITY OF AUBURN in developing and improving other ways to address the needs of Auburn residents served through the VALLEY CITIES COUNSELING AND 7 CONSULTATION. III. STATUS REPORT 9 VALLEY CITIES COUNSELING AND CONSULTATION shall develop 10 and provide to the City within 60 days after the completion of 11 the 1999 calendar year a status report containing a program 12 evaluation component commonly referred to as the "Logic Model" which will show the intended linkages between the activities 14 conducted and the changes the activities will produce. 15 A. The components of the evaluation will: 1) Identify both process and outcome portions of the 17 services provided through the Survivors Support and 18 Therapy Program; 19 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; 23 4) Provide a graphic summary of how program parts relate to the whole; 25 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 December 21, 1998 {a\vccc99} Page 3 5) Make explicit the underlying theory of the program, 2 and 6) Identify measurable categories in the program 4 evaluation. 5 B. VALLEY CITIES COUNSELING AND CONSULTATION shall develop the following status report components within the 7 time frames established below: 8 1) 2nd Quarter 1999 Year 9 a) The outcome based results VALLEY CITIES 10 COUNSELING AND CONSULTATION expects to achieve; b) An indicator to inform VALLEY CITIES COUNSELING AND CONSULTATION that the anticipated change has or has not occurred; 14 c) The method for gathering information needed to ]5 indicate the outcomes that have occurred; 2) 3=d Quarter 1999 Year 17 a) Initial Collection and assessment of the 18 information acquired to include: 19 alterations in the anticipated outcomes, or 20 alteration in the methodology of information gathering. 22 3) 4th Quarter 1999 a) Information collected; Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 Dece~er 21, 1998 {a\vccc99} Page 4 1 b) Conclusions developed as a result of the information. IV. TERM. 4 The term of this Agreement shall commence on January 1, 5 1999 and shall expire on December 31, 1999. V. COMPENSATION. 7 As full and total payment for the services provided under 8 this Agreement, the CITY agrees to pay VALLEY CITIES 9 COUNSELING AND CONSULTATION for a minimum of 462 hours of ]0 mental health services provided to Auburn residents in an 11 amount not to exceed TWELVE THOUSAND DOLLARS ($12,000). 12 VALLEY CITIES COUNSELING AND CONSULTATION will submit a statement to the CITY quarterly describing services that it 14 has rendered under the terms of this Agreement and the CITY 15 will pay an amount equal to one-quarter of the total amount by 16 the twenty-eighth (28th) day of the month following the end of 17 the quarter. However, the final statement of services 18 rendered will be submitted on or before December 15, 1999. 19 VI. INDEMNIFICATION. 20 VALLEY CITIES COUNSELING AND CONSULTATION agrees to defend, indemnify, and hold harmless the CITY, its elected and 22 appointed officials, employees and agents from and against any 23 and all claims, demands and/or causes of action of any kind or 24 character whatsoever arising out of or relating to services 25 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 December 21, 1998 {a\vccc99} Page 5 provided by VALLEY CITIES COUNSELING AND CONSULTATION, its 2 employees, volunteers or agents concerning any and all claims by any persons for alleged injury or damage to persons or 4 property to the extent caused by the negligent acts, errors or 5 omissions of VALLEY CITIES COUNSELING AND CONSULTATION, its employees, volunteers or agents or representatives. In the 7 event that any suit or claim for damages based upon such 8 claim, action, loss or damage is brought against the CITY, 9 VALLEY CITIES COUNSELING AND CONSULTATION shall defend the 10 same as its sole costs and expense; provided that the CITY 11 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, 14 elected officials, agents and employees or any of them or 15 jointly against the CITY and VALLEY CITIES COUNSELING AND CONSULTATION and their respective officers, agents, 17 volunteers, employees or any of them, VALLEY CITIES COUNSELING 18 AND CONSULTATION shall fully satisfy the same and shall 19 reimburse the CITY any costs and expense which the CITY has 20 incurred as a result of such claim or suit. The provisions of this section shall survive the expiration or termination of 22 this Agreement. Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 Dece~er 21, 1998 {a\vccc99} Page 6 1 VII. INDEPENDENT AGREEMENT OR/ASSIGNMENT. The parties agree and understand that VALLEY CITIES COUNSELING AND CONSULTATION is an independent contractor and 4 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 under this Agreement may not be assigned or subcontracted by 8 VALLEY CITIES COUNSELING AND CONSULTATION without the prior written consent of the CITY. lO VIII. INSURANCE. VALLEY CITIES COUNSELING AND CONSULTATION shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or property which may A4 arise from or in connection with services provided by VALLEY ~5 CITIES COUNSELING AND CONSULTATION, it agents, employees or volunteers under this Agreement. VALLEY CITIES COUNSELING AND 17 CONSULTATION agrees to provide comprehensive general liability A8 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. VALLEY CITIES COUNSELING AND CONSULTATION 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) Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 December 21, 1998 {a\vccc99} Page 7 1 combined single limit per occurrence for bodily injury, 2 personal injury and property damage. Any deductibles or self insured retentions in either policies must be declared to and 4 approved by the CITY. At the option of the CITY either: The 5 insurer shall reduce or eliminate such deductibles or self insured retentions as respects the CITY, its officials and ? employees; or VALLEY CITIES COUNSELING AND CONSULTATION shall 8 procure a bond guaranteeing payment of losses and related 9 investigations, claim administration and defense expenses. 10 The policies are to contain or be endorsed to contain the 11 following provisions: 12 A. GENERAL LIABILITY COVERAGE: lS 1) The CITY, its elected and appointed officials, ]4 employees and agents are to be covered as insureds 15 as respects: Liability arising out of services and activities performed by or on behalf of VALLEY ]7 CITIES COUNSELING AND CONSULTATION, its employees, ~8 agents and volunteers. The coverage shall contain 19 no special limitations on the scope of protection 20 afforded to the CITY, its elected and appointed 2] officials, employees or agents. 23 25 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 December 21, 1998 {a\vccc99} Page 8 1 B. GENERAL LIABILITY AND PROFESSIONAL LIABILITY COVERAGES: 3 1 ) VALLEY CITIES COUNSELING AND CONSULTATION ' S 4 insurance coverage shall be primary insurance 5 as respects the CITY, its officials, employees 8 and agents. Any insurance or self insurance 7 maintained by the CITY, its officials, 8 employees or agents shall be in excess of 9 VALLEY CITIES COUNSELING AND CONSULTATION ' S 10 insurance and shall not contribute with it. ll 2) Any failure to comply with reporting provisions 12 of the policy shall not affect coverage 13 provided to the CITY, its officials, employees 14 or agents. 15 3 ) Coverage shall state that VALLEY CITIES ]6 COUNSELING AND CONSULTATION ' S insurance shal 1 17 apply separately to each insured against whom 18 claim is bought or suit is brought except with ]9 respect to the limits to the insurer ' s 20 liability. 21 4) Each insurance policy required by this clause 9.2 shall be endorsed to state that coverage shall 23 not be suspended, voided, cancelled, reduced in 24 coverage, or in limits except after thirty (30) 25 28 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 December 21, 1998 {a\vccc99} Page 9 days prior written notice by certified mail 2 return receipt requested has been given to the CITY. VALLEY CITIES COUNSELING AND CONSULTATION 4 agrees to provide copies of the Certificates of 5 Insurance to the CITY at the time that this 6 Agreement takes effect. 7 5) VALLEY CITIES COUNSELING AND CONSULTATION shall 8 furnish the CITY with Certificates of Insurance 9 and with original endorsements affecting 10 coverage required by this clause. The 11 certificate and endorsements for each insurance 12 policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 14 The CITY reserves the right to require ]5 complete, certified copies of all required insurance policies at any time. 17 6) VALLEY CITIES COUNSELING AND CONSULTATION shall 18 include all volunteers, employees and agents 19 under its policies or shall furnish separate 20 certificates and endorsements for each. All 21 coverages for volunteers shall be subject to 22 all the requirements stated herein. 24 25 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 Dece~er 21, 1998 {a\vccc99} Page 10 1 IX. NONDISCRIMINATION. VALLEY CITIES COUNSELING AND CONSULTATION shall not discriminate under any services or programs to which this 4 Agreement may apply directly or through contractual or other 5 arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or the presence of any sensory, 7 mental or physical handicap. 8 X. BOOKS AND RECORDS. 9 VALLEY CITIES COUNSELING AND CONSULTATION agrees to 10 maintain separate accounts and records in accordance with ll State Auditor's procedures, including personnel, property, financial and programmatic records which sufficiently reflect direct and indirect costs and services performed under this ]4 Agreement. VALLEY CITIES COUNSELING AND CONSULTATION agrees 15 to maintain all books and records relating to this Agreement for a period of three (3) years following the date that this 17 Agreement is expired or otherwise terminated. The parties 18 agree that the CITY OF AUBURN may inspect such documents upon 19 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 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 December 21, 1998 {a\vccc99} Page 11 1 substantially to perform in accordance with its terms through no fault of the other. XII. GENERAL PROVISIONS. 4 A. VALLEY CITIES COUNSELING AND CONSULTATION 5 agrees to submit a report to the CITY no later than December 15, 1999, describing the progress 7 and activities performed for the year 1999 8 under its scope of services. 9 B. This Agreement shall be governed by the laws, 10 regulations and ordinances of the City of 11 Auburn, the State of Washington, and County of 12 King and where applicable, Federal laws. C. The CITY and VALLEY CITIES COUNSELING AND 14 CONSULTATION respectively bind themselves, 15 their successors, volunteers, assigns and legal representatives to the other party to this 17 Agreement and with respect to all covenants to 18 this Agreement. 19 D. This Agreement represents the entire and 20 integrated Agreement between the CITY and 21 VALLEY CITIES COUNSELING AND CONSULTATION and 22 supersedes all prior negotiations. This 23 Agreement may be amended only by written 24 25 26 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 December 21, 1998 {a\vccc99} Page 12 1 instrument signed by both the CITY and VALLEY 2 CITIES COUNSELING AND CONSULTATION. E. Should it become necessary to enforce any term 4 or obligation of this Agreement, then all costs 5 of enforcement including attorneys fees and expenses and court costs shall be paid to the 7 substantially prevailing party. 8 F. VALLEY CITIES COUNSELING AND CONSULTATION 9 agrees to comply with all local, state and ]0 federal laws applicable to its performance ]1 under this Agreement. 12 CITY OF AUBURN 14 ]6 CHARLES A. BOOTH MAYOR 17 ATTEST: 18 19 ,a'n~.t~ ~~ D elle E. Daskam, City Clerk 21 22 ~~ORM: 24 Michael J. Reynolds, 25 City Attorney Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 Dece~er 21, 1998 {a\vccc99} Page 13 VALLEY CITIES COUNSELING 2 AND CONSULTATION 5 TITLE: 7 8 STATE OF WASHINGTON ) )SS 9 COLrNTY OF KING ) me, the undersigned, o a y and fo~ the State of to me known to be the Executive Dlr~ce0r o~ VALLEY CITIEa 12 COUNSELING AND CONSULTATION, the non-profit corporation that executed the within and foregoing instrument, and acknowledged 13 said instrument to be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein 14 mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said non-profit ]5 corporation. 16 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. 17 18 ~.~/&j,, · 19 NO A~f' P~LIC ' in and for the State of of Washington, residing ln~.~4~~ 20 25 26 Agreement - Valley Cities Counseling & Consultation 1999 Exhibit "A" Resolution No. 3046 Dece~er 21, 1998 {a\vccc99} Page 14