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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