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HomeMy WebLinkAbout3173RESOLUTION NO. 3 1 7 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CHILDREN'S HOME SOCIETY TO PROVIDE CHILD CARE SERVICES TO AUBURN RESIDENTS DURING THE YEAR 2000 UTILIZING CHILDREN'S HOME SOCIETY PROGRAMS. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: SECTION 1. AGREEMENT. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Agreement with CHILDREN'S HOME SOCIETY to provide child care services to Auburn residents for the year 2000 utilizing CHILDREN'S HOME SOCIETY programs. A copy of said Agreement is attached hereto and denominated Exhibit "A" and incorporated herein. SECTION 2. AUTHORIZATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this - ~ day of February, 2000. CITY OF AUBURN ct~~~s r-~oA CHARLES A. BOOTH MAYOR Resolution No. 3173 January 25, 2000 Page 1 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: . , , P~ n ^ Michael J. Reynolds, City Attorney Resolution No. 3173 January 25, 2000 Page 2 AGREEMENT FOR SERVICES r~ THIS AGREEMENT made and entered into this day of 2000 by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereafter referred to as "CITY", and CHILDREN'S HOME SOCIETY, a non-profit corporation organized under the laws of the State of Washington, whose address is P.O. Box 1998, Auburn, Washington 98071, hereinafter referred to as "CHILDREN'S HOME SOCIETY". WHEREAS, CHILDREN'S HOME SOCIETY provides a valuable service to the CITY and its residents through its Child Care and Family Advocate programs; and WHEREAS, the CITY is interested in continuing support of the CHILDREN'S HOME SOCIETY's Day Care and Family Advocate programs. 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 CHILDREN'S HOME SOCIETY'S Auburn Branch to provide childcare to Auburn residents participating in CHILDREN'S HOME SOCIETY programs during the 2000 term and to assist CHILDREN'S HOME SOCIETY to provide a Family Advocate to deliver services to families at the Auburn Family Resource Center Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 1 during the 2000 term. This continued support is in recognition of the fact that the demand for the services delivered by the CHILDREN'S HOME SOCIETY at its south King County facilities continues to rise. 11. SCOPE OF SERVICES. A. The parties agree and understand that CHILDREN'S HOME SOCIETY agrees to provide child care services to Auburn residents utilizing CHILDREN'S HOME SOCIETY Programs. Child care services shall include but are not limited to those services described as follows: 1) Child Development staff who provide on-site child care at the Auburn Center and supervise child care volunteers. 2) Care for infants and toddlers which offers opportunities for children to grow and develop and assists parents in improving their skills in caring for and nurturing their children. 3) Prevention of child abuse and neglect by giving parents and children a time out from each other when the parent is out of control, angry or upset, or overwhelmed by the responsibilities of parenthood. B. The parties agree and understand that CHILDREN'S HOME SOCIETY agrees to provide center based family advocate services to Auburn residents. Center based Family Advocate services shall include but are not limited to those services described as follows: Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 2 1) A Family Advocate, located at a site designated as a Family Resource Center, who assists families to obtain needed resources and provides families with information on Center activities. 2) Coordination of Family Resource Center classes and activities. 3) In addition, CHILDREN'S HOME SOCIETY agrees to work closely with the CITY OF AUBURN in developing and improving other ways to address the needs of Auburn families served through CHILDREN'S HOME SOCIETY's south King County Branch. III. STATUS REPORT CHILDREN'S HOME SOCIETY shall develop and provide to the City within 60 days after the completion of the 2000 calendar year a status report containing a program evaluation component commonly referred to as the "Logic Model" which will show the intended linkages between the activities conducted and the changes the activities will produce. A. The components of the evaluation will: 1) Identify both process and outcome portions of services provided by Children's Home Society at its Auburn facility as established by this agreement; 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 Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 3 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. CHILDREN'S HOME SOCIETY shall develop the following status report components within the time frames established below: 1) 2"d Quarter 2000 Year a) The outcome based results CHILDREN'S HOME SOCIETY expects to achieve; b) An indicator to inform CHILDREN'S HOME SOCIETY that the anticipated change has or has not occurred; c) The method for gathering information needed to indicate the outcomes that have occurred; 2) 3rd Quarter 2000 Year a) Initial Collection and assessment of the information acquired to include: alterations in the anticipated outcomes or alteration in the methodology of information gathering. 3) 4th Quarter 2000 a) Information collected; b) Conclusions developed as a result of the information. Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 4 IV. TERM. The term of this Agreement shall commence on January 1, 2000 and shall expire on December 31, 2000. V. COMPENSATION. As full and total payment for the services provided under this Agreement, the CITY agrees to pay CHILDREN'S HOME SOCIETY the total amount of THIRTY THOUSAND DOLLARS ($30,000). CHILDREN'S HOME SOCIETY will submit a statement to the CITY quarterly describing services that it has rendered under the terms of this Agreement and the CITY will pay an amount equal to one-quarter of the total amount by the twenty-eighth (28th) day of the month following the end of the quarter. However, the final statement of services rendered will be submitted on or before December 15, 2000. VI. INDEMNIFICATION. CHILDREN'S HOME SOCIETY 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 CHILDREN'S HOME SOCIETY, 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 CHILDREN'S HOME SOCIETY, its employees, volunteers or agents or representatives. In the event that any suit or claim for damages Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 5 based upon such claim, action, loss or damage is brought against the CITY, CHILDREN'S HOME SOCIETY 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 CHILDREN'S HOME SOCIETY and their respective officers, agents, volunteers, employees or any of them, CHILDREN'S HOME SOCIETY 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 CHILDREN'S HOME SOCIETY 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 under this Agreement may not be assigned or subcontracted by CHILDREN'S HOME SOCIETY without the prior written consent of the CITY. VIII. INSURANCE. CHILDREN'S HOME SOCIETY 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 Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 6 CHILDREN'S HOME SOCIETY, it agents, employees or volunteers under this Agreement. CHILDREN'S HOME SOCIETY 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. CHILDREN'S HOME SOCIETY 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 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 respects the CITY, its officials and employees; or, CHILDREN'S HOME SOCIETY 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: A. GENERAL LIABILITY COVERAGE: 1) The CITY, its elected and appointed officials, employees and agents are to be covered as insureds as respects: Liability arising out of services and activities performed by or on behalf of CHILDREN'S HOME SOCIETY, its employees, agents and volunteers. The coverage shall contain no special limitations on Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 7 the scope of protection afforded to the CITY, its elected and appointed officials, employees or agents. B. GENERAL LIABILITY AND PROFESSIONAL LIABILITY COVERAGES: 1) CHILDREN'S HOME SOCIETY'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 CHILDREN'S HOME SOCIETY'S insurance and shall not contribute with it. 2) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the CITY, its officials, employees or agents. 3) Coverage shall state that CHILDREN'S HOME SOCIETY'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. 4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, 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. Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 8 CHILDREN'S HOME SOCIETY agrees to provide copies of the Certificates of Insurance to the CITY at the time that this Agreement takes effect. 5) CHILDREN'S HOME SOCIETY 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 reserves the right to require complete, certified copies of all required insurance policies at any time. 6) CHILDREN'S HOME SOCIETY 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. CHILDREN'S HOME SOCIETY 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.. Agreement - Children°s Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 9 X. BOOKS AND RECORDS. CHILDREN'S HOME SOCIETY 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. CHILDREN'S HOME SOCIETY agrees to maintain all books and records relating to this Agreement for a period of three (3) years following 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. XII. GENERAL PROVISIONS. A. CHILDREN'S HOME SOCIETY agrees to submit a report ta the CITY no later than December 15, 2000, describing the progress and activities perFormed for the year 2000 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 Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page io Washington, and County of King and where applicable, Federal laws. C. The CITY and CHILDREN'S HOME SOCIETY 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. D. This Agreement represents the entire and integrated Agreement between the CITY and CHILDREN'S HOME SOCIETY and supersedes all prior negotiations. This Agreement may be amended only by written instrument signed by both the CITY and CHILDREN'S HOME SOCIETY. E. 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. F. CHILDREN'S HOME SOCIETY agrees to comply with all local, state and federal laws applicable to its perFormance under this Agreement. Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 11 CITY OF AUBURN CLo-,.tts a_ 1~oA CHARLES A. BOOTH MAYOR ATTEST: D nielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney CHILDREN'S HOME SOCIETY BY: TITLE: PR E s ~ Df-H T C EO Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 12 Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 13 STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this a Vday of OWActL_ , 2000 before me, the undersigned, a Notary Public in and for the State of Washington, personally. appeared -D r 5 k_o,~ (!)4 ~to me known to be the Executive Director of CHILDREN'S HOME SOCIETY, 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. NOTARY PUBLIC in and for the State of ' Washington, residing in , MY COMMISSION expires: -3~ 1~'~ ~ Agreement - Children's Home Society 2000 Exhibit "A" Resolution No. 3173 January 25, 2000 {a\agree\chs00} Page 14