HomeMy WebLinkAboutAuburn Communities in Schools of AuburnA_25 161. 1 11
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CITY OF * *
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XoOoo' ~WASHINGTON
Department of Administration
Michael Hursh, Human Services Manager
25 West Main Street, Auburn, WA 98001
phone: 253.804.5029
email: mhursh@auburnwa.gov
Agreement for Human Service Activities
Costing $5, 000 per year or less
This Agreement is made effective as of January 1, 2010, by and between AUBURN COMMUNITIES IN
SCHOOLS OF AUBURN and CITY OF AUBURN. In this Agreement, the party who is contracting to
receive services shall be referred to as "CITY", and the party who will be providing the services shall be
referred to as "CIS". The parties agree as follows:
1. DESCRIPTION OF SERVICES. Beginning on January 1, 2010, CIS agrees to provide services to
students in need at schools located in the City of Auburn. Services will be delivered as per the attached
Scope of Work.
2. PAYMENT. The CITY will pay a fee to the CIS for services provided in the amount of $4,000 per
year, paid in semi-annual installments of equal amounts, for services delivered as described in the
attached Scope of Work. This fee shall be payable in a lump sum upon receipt of an invoice from the CIS
with appropriate supporting documentation.
3. EXPENSE REIMBURSEMENT. CIS shall pay all "out-of-pocket" expenses, and shall not be
entitled to reimbursement from the CITY except for specific services, items or activities listed in the
Scope of Services as reimbursable goods or services.
4. TERM/TERMINATION. This Agreement is effective January Ol, 2010, and expires December 31,
2010, unless either party terminates the Agreement by notifying the other party in writing within seven
(7) days of the intent to terminate. The Agreement may be renewed for one year upon the mutual consent
of both parties.
5. RELATIONSHIP OF PARTIES. It is understood by the parties that the CIS is an independent
contractor with respect to the City of Auburn, and not an employee of the CITY. The CITY will not
provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit,
for the benefit of CIS.
6. EMPLOYEES. The provisions of this Agreement shall also bind CIS employees who perform
services for the CITY under this Agreement.
7. INDEMNIFICATION / HOLD HARMLESS. CIS shall defend, indemnify and hold the City, its
officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the CIS in
performance of this Agreement, except for injuries and damages caused by the sole negligence of the
City. The City of Auburn shall defend, indemnify and hold CIS, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or resulting from the acts, errors or omissions of the City in performance of this Agreement,
except for injuries and damages caused by the sole negligence ofthe CIS.
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AUBURN * MORE THAN YOU IMAGINED
8. INSURANCE. The CIS shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the CIS, its agents, representatives, or employees.
A. Minimum Scope of Insurance, CIS shall obtain insurance of the types described below:
1. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
O 1 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endarsed to provide contractual liability coverage.
2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG
00 0 1 and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The City shall be named as an
insured under the CIS Commercial General Liability insurance policy with respect to
the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liabilitv insurance appropriate to the CIS profession.
B. Minimum Amounts of Insurance: CIS shall maintain the following insurance limits:
1. Automobile Liabilitv insurance with a minimum combined single limit far bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggegate.
3. Professional Liabilitv insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability and
Commercial General Liability insurance:
1. The CIS insurance coverage shall be primary insurance as respect the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be
excess of the CIS insurance and shall not contribute with it.
2. The CIS insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
E. Verification of Coverage: CIS shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the CIS before commencement of the
work.
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9. ASSIGNMENT. CIS obligations under this Agreement may not be assigned or transferred to any
other person, firm, or corporation without the prior written consent of the CITY.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be
deemed delivered when delivered in person or deposited in the United States mail, postage prepaid,
addressed as follows:
IF for CIS:
Arlene Pierini, Executive Director
Communities In Schools
502 4th St NE
Auburn, WA 98002
IF for the CITY:
Michael Hursh
Human Services Manager
25 West Main Street
Auburn, WA 98001
Such address may be changed from time to time by either parly by providing written notice to the other in
the manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are
no other promises or conditions in any other agreement whether oral or written. This Agreement
supersedes any prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing
and is signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that
any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would
become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced
as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of
this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently
enfarce and compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Washington.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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The undersigned have read the above statements, understand them, and agree to abide by their terms.
Signed: , 0-o lir, o eA Signed: ~~V t f. A 1r vf
tCS ~
Date:
Address:
Phone:
Date:
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HUMAN SERVICES AGREEMENT BETWEEN THE
CITY OF AUBURN & COMMUNITIES IN SCHOOLS
Scope of Work
Services to include:
■ Prepare and distribute approximately 500 backpacks and school supplies to at-risk students.
Identify additional needs and distribute accordingly, i.e. grooming supplies, clothes, books,
etc. Provide direct financial assistance to identified students in need for items such as: shoes,
clothing, camp scholarships, transportation, class fees, alarm clocks and more.
■ Recruit volunteers, train them and acknowledge their contribution to the community.
■ Comply with applicable health codes, rules and regulations.
■ Maintain records of residents served and the schools they attend.
■ Retain the above recards for three years and make them available for review upon request by
the City and/or its agents or representatives.
Reporting Requirements:
■ With each semi-annual request for reimbursement, CIS provide a summary of the number of
people served along with the number of clients who are Auburn residents.
■ At the end of each year, a brief report describing the past program, number of clients served
along with noteworthy accomplishments and/or challenges.
Additional Billable Services, Goods and/or Activities:
■ None
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