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HomeMy WebLinkAbout03-01-2004 ITEM V-C-3CITY OF a AGENDA BILL APPROVAL FORM ,:. WASHINGTON Agenda Subject Date: 2004 Human Services Ag reem ents 2/25/2004 Department: Attachments: sample contract Budget Impact: Planning Administrative Recommendation: City Council to approve service agreements with certain general fund grantees for services during 2004. Background Summa The following social service agencies were awarded general fund human service grants for 2004: The Auburn Food Bank 93018 th Place NE Auburn, WA 98002 $30,000 (food purchase, emergency assistance and administrative support at food bank) Children's Home Society 4338 Auburn Way North Auburn, WA 98002 $29,000 (parent education, support groups, play groups, case management for at -risk families) YWCA of Seattle, King, Snohomish 1010 South 2nd Street Renton, WA 98055 $331000 (domestic violence community advocacy services, including children's DV counseling) Auburn Youth Resources 816 F Street SE Auburn, WA 98002 $581000 (therapy services including anger management and case management for low and moderate -income youth and families) These grants were approved as part of the 2004 General Fund Budget. Now, the City needs to enter into contracts for services with these agencies. Contracts include provisions for insurance, performance standards, reporting requirements, and monitoring of agency activities. A sample contract is attached. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing 1 1 Referred to Until 1 1 Tabled Until 1 1 Councilmember: Singer Staff: Krauss Meeting Date: March 1, 2004 Item Number: V.C.3 AUBURN * MORE THAN YOU IMAGINED AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into this day of 2004, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereafter referred to as "CITY", and "AGENCY NAME" which is located at "AGENCY ADDRESS", a non-profit corporation organized under the laws of the State of Washington, hereafter referred to as "AGENCY." WHEREAS, The AGENCY provides a valuable service to the CITY and its residents through the provision of Child Care and Respite Care assistance; and WHEREAS, the CITY is interested in continuing support of ACAP, including development of additional resources and service sites, for low income Auburn residents; 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 the AGENCY for providing services as set forth in Exhibit 1 through 4, and incorporated herein by this reference as if fully set forth, to Auburn residents during the 2004 term. This support is in recognition of the fact that the demand for the services delivered by the AGENCY continues to rise. II. SCOPE OF SERVICES. A. The parties agree and understand that the AGENCY agrees to provide services, as described in Exhibits 1 through 4, which may include development of new resources, to low income Auburn residents. Services to be provided are set forth in Exhibits 1 through 4 to this agreement, and incorporated herein by this reference as if fully set forth. -------------------------------------- Agreement GF -"AGENCY NAME" March I , 2004 Page 1 of 8 B. The Agency agrees to provide at a minimum the services outlined in the Exhibits. Said services are to be completed no later than December 31, 2004. 111111. TERM. The term of this Agreement shall commence on January 1, 2004 and shall expire on December 31, 2004. IV. PERFORMANCE REPORTS AND COMPENSATION A. The AGENCY shall provide to the City within 15 days of the close of each calendar quarter a status report containing program statistics regarding the type and level of services provided to the City of Auburn, as well as financial information pertaining to the contract agreement and expenditures. The final report, which may include estimated service levels, shall be submitted no later than December 13, 2004. Format and contents of these reports are set forth in Exhibits 1 to 4 to this Agreement, which are incorporated herein by this reference. B. The Agency shall prepare and submit to the City two program evaluation reports in the format commonly referred to as "outcomes reports" which will show the intended linkages between the activities conducted and the changes the activities will produce. These reports shall contain information as set forth in Exhibit 4 to this Agreement, which is incorporated herein by this reference, and shall be submitted to the City at the end of the first quarter and within sixty days following the close of the calendar year. C. As full and total payment for the services provided under this Agreement, the CITY agrees to pay the AGENCY the total amount of $******* as set forth in Exhibit 1. The CITY will pay an amount equal to one-quarter of the total amount within thirty (30) days following the CITY's receipt of quarterly invoices. The required format and content of -------------------------------------- Agreement GF -"AGENCY NAME" March I , 2004 Page 2 of 8 quarterly invoices is set forth in the Exhibits to this Agreement, and is incorporated herein by this reference. VI. INDEMNIFICATION. The AGENCY 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 AGENCY, 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 AGENCY, 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 AGENCY 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 AGENCY and their respective officers, agents, volunteers, employees or any of them, the AGENCY 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 the AGENCY 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 --------------------------------------- Agreement GF -"AGENCY NAME" March 1, 2004 Page 3 of 8 under this Agreement may not be assigned or subcontracted by the AGENCY without the prior written consent of the CITY. VIII, INSURANCE. The AGENCY 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 AGENCY, it agents, employees or volunteers under this Agreement. The AGENCY 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. Where professional services are provided as part of the services rendered pursuant to this Agreement, as shown in Exhibit 1, the AGENCY 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 policy 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, The AGENCY 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: .1) GENERAL LIABILITY COVERAGE: The CITY, its elected and appointed officials, employees and agents are to be covered as additional insureds as respects: Liability arising out of services and activities performed by or on behalf of AGENCY, its employees, agents and -----------------.--.-_--------------------- Agreement GF -"AGENCY NAME" March 11, 2004 Page 4 of 8 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. 2) GENERAL LIABILITY AND PROFESSIONAL LIABILITY COVERAGES: (a) The AGENCY'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 the AGENCY's insurance and shall not contribute with it. (b) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the CITY, its officials, employees or agents. (c) Coverage shall state that the AGENCY'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. (d) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, 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 AGENCY agrees to provide copies of the Certificates of Insurance to the CITY at the time that this Agreement takes effect. (e) The AGENCY 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 ----.----------------------------_-___- Agreement GF -"AGENCY NAME" March 1, 2004 Page 5 of 8 reserves the right to require complete, certified copies of all required insurance policies at any time. (f) The AGENCY 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 AGENCY 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 AGENCY 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 AGENCY 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. -------------------------------------- Agreement GF -"AGENCY NAME" March I , 2004 Page 6 of 8 XII. GENERAL PROVISIONS. A. The AGENCY agrees to submit a report to the CITY no later than December 13, 2004, describing the progress and activities performed for the year 2004 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 Washington, and county of King and where applicable, Federal laws. C. The CITY and the AGENCY 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 the AGENCY and supersedes all prior negotiations. This Agreement may be amended only by written instrument signed by both the CITY and the AGENCY. 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. The AGENCY agrees to comply with all local, state and federal laws applicable to its performance under this Agreement. -------------------------------------- Agreement GF -"AGENCY NAME" March 1, 2004 Page 7of8 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney CITY of AUBURN PETER B. LEWIS MAYOR "AGENCY NAME" ONZ TITLE: Executive Director STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of , 2004, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared , to me known to be the Executive Director of ACAP, 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: Agreement GF -"AGENCY NAME" March 1, 2004 Page 8of8