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