HomeMy WebLinkAboutAuburn Food Bank (3)
* Department of Administration
ciTxOF
Michael Hursh, Community Services. Manager
25 West Main.Street; Auburn, WA 98001
WASHINGTON phone: 253.804.5029
email: mhursh@auburnwa.gov
Agreement for Human Service Activities
Costing $S, 000 per year. or less
This Agreement is made effective as of January 1, 2011, by and between THE AUBURN FOOD BANK
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 "TAFB".
The parties agree as follows:
1. DESCRIPTION OF SERVICES. Beginning on January 1, 2011, TAFB agrees to provide sheltering
services, at temperatures of 32 degrees or less and upon mutual agreement with the CITY, to, residents in
need within 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 TAFB for services provided in the amount of $200 per
night for sheltering 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 TAFB with appropriate supporting
documentation.
I 3. -EXPENSE REIMBURSEMENT. TAFB shall pay all 'but-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. TERMITERMINATION. This Agreement is effective January 01, 2011, and expires December 31,
2011; 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 theTAFB.is an independent
C4ntr»CtOC-.`. ith roS'aP^t_to ±F!?.Citj' of Auburn, »eld.!'ot an e!?lrln J ae of tha V Tlie CITY !1 :11 not provide fringe benefits, including health insurance benefits, paid vacation; or any other employee benefit,
for the benefit of TAFB.
6. EMPLOYEES. The provisions of this Agreement shall also bind TAFB employees who perform
services for the CITY under this Agreement.
7. INDEMNIFICATION 7 HOLD HARMLESS. TAFB 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 TAFB
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.TAFB, its officers, officials; employees and
volunteers harmless from any and all claims, injuries,-damages, losses or suits including attorney fees,
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AUBURN* MORE THAN YOU IMAGINED
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 of the TAFB.
8. INSURANCE. The TAFB 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 TAFB, its agents; representatives, or employees.
A. Minimum Scope of Insurance, TAFB shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services, Office (ISO) form CA 00
01 or a ,substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability.coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 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 TAF&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 Liability insurance appropriate to the TAFB profession.
B. Minimum Amounts of Insurance: TAFB shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per, accident.
2. Commercial General Liability, insurance shall be written with limits no less than
$1000;000 each occurrence, $2,Q00,000 general aggregate.
3. Professional -Liability 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 TAFB 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 TAFB insurance and shall not.contribute with it.
2. The TAFB 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: TAFB shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional
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insured endorsement, evidencing the insurance requirements of the TAFB before
commencement of the work.
9. ASSIGNMENT. TAFB 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 THE AUBURN FOOD BANK: IF for the CITY:
Debbie Christian Michael Hursh
Executive Director Human Services Manager
930 18'h Place NE 25 West Main Street
Auburn, WA 98002 Auburn, WA 98001
Such address may be changed from time to time by either party 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
enforce 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 agr by their terms.
Signed: - Signed:
G RECEIVED MAR 1,41011
Date: fQ 42011 Date:
Address:
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Phone: 2~.3 3-S g c1 Z S Phone: Z~3 1 9 coq
ov\?- 253- 33`4• 410~ K~rs~-2►n 2Ynd d S
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J
HUMAN SERVICES AGREEMENT BETWEEN THE
CITY OF AUBURN & ,THE AUBURN FOOD BANK
Scope of Work
Services to include:
® The Auburn Food Bank will provide- sheltering services when needed as determined upon
mutual agreement with the City of Auburn. Approximately 15 people access the shelter
when operational and temperatures fall below 32 'degrees; the opportunity provides residents
of Auburn warm, safe environment that is out of the severe weather.
■ Recruit volunteers, train them and acknowledge their contribution to the community.
■ Comply with applicable health codes, rules and regulations.
Maintain records of residents served'including addresses where applicable.
® Retain the above records 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, TAFB 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 reportdescribing 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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