HomeMy WebLinkAbout3176 RESOLUTION NO. 3 17 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR SERVICES WITH THE CRISIS CLINIC TO
MAINTAIN A COMPREHENSIVE DATABASE OF SOCIAL, HEALTH AND
WELFARE RESOURCES TO BE MADE AVAILABLE TO EMPLOYEES AND
CITIZENS OF THE CITY OF AUBURN DURING THE YEAR 2000.
WHEREAS, THE CRISIS CLINIC. maintains a comprehensive database
of social, health and welfare resources that are available to King County
residents; and
WHEREAS, the City is interested in supporting the maintenance,
accuracy and quality of this data base for use by City staff and Auburn
residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY
ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn, Washington,
are hereby authorized to enter into an Agreement for Services with THE
CRISIS CLINIC, to maintain a comprehensive database of social, health and
welfare resources to be made available to employees and citizens of the City of
Auburn during the year 2000. A copy of the Agreement is attached and is
designated as Exhibit "A" and is incorporated by reference in this Resolution.
Resolution No. 3176
January 28, 2000
Page 1
Section 2. 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 ,2. day of February, 2000.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael j~ ,.~ , ~' ! 'f :""
City Attorney
Resolution No. 3176
January 26, 2000
Page 2
AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into this ~.~.r/~ day of
j~ ;.~~r~ , 2000, by and between the CITY OF AUBURN, a
municipal corporation of the State of Washington, hereafter referred to as
"CITY" and THE CRISIS CLINIC, a non-profit corporation organized under the
laws of the State of Washington, whose address is 1515 Dexter Avenue N,
#300, Seattle, WA 98109, hereinafter referred to as "THE CRISIS CLINIC".
WHEREAS, THE CRISIS CLINIC maintains a comprehensive database
of social, health and welfare resources that are available to King County
residents; and
WHEREAS, the CITY is interested in supporting the maintenance,
accuracy and quality of this data base for use by City staff and Auburn
residents.
NOW, THEREFORE, In consideration of the covenants and conditions of
this Agreement, the parties agree as follows:
I. PURPOSE.
The purpose of this Agreement is to provide for an appropriation to THE
CRISIS CLINIC for providing an internet database that is available to the
employees and citizens of the City of Auburn during the 2000 term. This
support is in recognition of the fact that the demand for and use of the services
delivered by THE CRISIS CLINIC continues to rise.
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [a/chore00]
Page 1
II. SCOPE OF SERVICES.
The parties agree and understand that THE CRISIS CLINIC agrees to
maintain the accuracy and quality of its community resources database
which is available via the internet and is called Community Resources
On-Line (CRO).
In addition, THE CRISIS CLINIC 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 CRISIS CLINIC.
III. STATUS REPORT
THE CRISIS CLINIC shall develop and provide to the City within 60 days
after the completion of the 2000 calendar year a status report containing
information regarding CRO including but not limited to the number of users, the
number of resources listed and an overview of the process used to maintain the
database.
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 THE CRISIS CLINIC for maintaining CRO an amount
not to exceed ONE THOUSAND DOLLARS ($1,000). THE CRISIS CLINIC will
submit a statement to the CITY in December 2000 (prior to December 15,
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [a/chore00]
Page 2
2000) describing the services that it has rendered under the terms of this
Agreement.
VI, INDEMNIFICATION.
THE CRISIS CLINIC 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 THE
CRISIS CLINIC, 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 THE CRISIS
CLINIC, its employees, volunteers or agents or representatives. In the event
that any suit or claim for damages based upon such claim, action, loss or
damage is brought against the CITY, THE CRISIS CLINIC 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
THE CRISIS CLINIC and their respective officers, agents, volunteers,
employees or any of them, THE CRISIS CLINIC 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.
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [a/chore00]
Page 3
VII. INDEPENDENT AGREEMENT OR/ASSIGNMENT.
The parties agree and understand that THE CRISIS CLINIC 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 THE CRISIS CLINIC without the prior
written consent of the CITY.
VIII INSURANCE.
THE CRISIS CLINIC 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 THE CRISIS CLINIC,
it agents, employees or volunteers under this Agreement. THE CRISIS CLINIC
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. THE CRISIS CLINIC 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
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [a/chore00]
Page 4
.,- , !
respects the CITY, its officials and employees; or THE CRISIS CLINIC 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 THE
CRISIS CLINIC, its employees, agents and volunteers. The
coverage shall contain no special limitations on the scope of
protection afforded to the CITY, its elected and appointed officials,
employees or agents.
B. GENERAL LIABILITY AND PROFESSIONAL LIABILITY
COVERAGES:
1 ) THE CRISIS CLINIC 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 THE CRISIS CLINIC insurance and shall not
contribute with it.
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [aJchore00]
Page 5
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 THE CRISIS CLINIC 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. THE
CRISIS CLINIC agrees to provide copies of the Certificates
of Insurance to the CITY at the time that this Agreement
takes effect.
5) THE CRISIS CLINIC shall furnish the CITY with
Certificates of Insurance and with original endome,men!s
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
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [a/chore00]
Page 6
require complete, certified copies of all required insurance
policies at any time.
6) THE CRISIS CLINIC 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.
THE CRISIS CLINIC 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.
X. BOOKS AND RECORDS,
THE CRISIS CLINIC 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. THE CRISIS CLINIC
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.
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 '[a/chore00]
Page 7
11. T~:RMINATION OF AGR~:FM~:NT.
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.
'12. GENERAL PROVISIONS.
12.1 THE CRISIS CLINIC agrees to submit a report to the CITY
no later than December 15, 2000, describing the progress
and activities performed for the year 2000 under its scope
of services.
12.2 This Agreement shall be governed by the laws, regulations
and ordinances of the City of Auburn, the State of
Washington, and County of King and where applicable,
Federal laws.
12.3 The CITY and THE CRISIS CLINIC 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,
12,4 This Agreement represents the entire and integrated"
Agreement between the CITY .and THE CRISIS CLINIC
and supersedes all prior negotiations. This Agreement
may be amended only by written instrument signed by both
the CITY and THE CRISIS CLINIC,
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [a/chore00]
Page 8
12.5 Should it become necessary to enforce any term or
.obligation of this Agreement, then all costs of enforcement
including attorney's fees and expenses and court costs
shall be paid to the substantially prevailing party.
12.6 THE CRISIS CLINIC agrees to comply with all local, state
and federal laws applicable to its performance under this
Agreement.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [a/chore00]
Page 9
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. R olds~
City Attorney
THE CRISIS CLINIC
TITLE: Executive Director
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [a/chore00]
Page 10
STATE OF WASHINGTON )
)Ss
COUNTY OF KING )
On this 8th day of MARCH ,2000, before me, the
undersigned, a Notary Public in and for the State of Washington, personally
appeared Kathleen Southwick to me known to be the
Executive Director of THE CRISIS CLINIC, ihe 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.
'Coral Letnes
~IOTARY PUBLIC in and for the State of
Washington, residing in Shore11he, WA
MY COMMISSION expires: 11-20-02
Agreement - The Crisis Clinic 2000
Exhibit "A" Resolution No. 3176
January 27, 2000 [a/chore00]
Page 11