HomeMy WebLinkAboutCentro De Amistad Latino GF0616
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AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into this ~ day of
mAY , 2006, by and between the CITY OF AUBURN, a municipal
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corporation of the State of Washington, hereafter referred to as "CITY", and CENTRO DE
AMISTAD LATINO which is located at 506 21ST Street S.E., Apartment #1, Auburn,
Washington 98002, 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 facility to serve Latino residents; and
WHEREAS, the CITY is interested in continuing its support of Centro de Amistad
Latino to allow it time to develop the administrative and financial capacity to apply for
grants, enter into agreements and assure compliance with program requirements from
grantor agencies.
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 an appropriation to the AGENCY, as
set forth in Exhibit 1 through 4 and incorporated herein by this reference as if fully set
forth, for the AGENCY to develop the organizational capacity necessary for it to continue
its provision of services to Auburn residents.
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,
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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.
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, 2006.
III. TERM.
The term of this Agreement shall commence on January 1, 2006 and shall expire
on December 31,2006.
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 January 15, 2007. 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. As full and total payment for the services provided under this Agreement, the CITY
agrees to provide the AGENCY the total amount of $9,000.00 as set forth in Exhibit 2.
The CITY will pay, on behalf of the AGENCY, the rent, telephone, internet connection and
utility fees associated with the office of Centro de Amistad located at 506 21st Street SE,
Apartment #1, in Auburn, Washington. The AGENCY is responsible for the payment of
all other operational and program costs.
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
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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
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
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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 insured as respects: Liability arising out of services and
activities performed by or on behalf of AGENCY, 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.
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
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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
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.
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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.
XII. GENERAL PROVISIONS.
A. The AGENCY agrees to submit a report to the CITY no later than January
15, 2007, describing the progress and activities performed for the year
2006 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.
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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.
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~UBURN
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PETER B. LEWIS
MAYOR
ATTEST:
!0cJ;;i1 !-~
Danielle E. Daskam,City Clerk D
X:~~-::~ISTAD LATINO
BY:
TITLE: bt;6..((i ~ H~\d"A-
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this ['t4 day ofLl1~ ' 2006, before me, the undersigned, a
Notary .. Public in and for the State of WaShlnjOn,. I?er~nally , ?PP1ed
JC/C;I{ ~,--r: Or;'ft) 5 , to me known to be the Otl~ Yr€Sr4ePl- of
CENTRO DE AMIST AD LATINO, 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,~~'<.e hereunto set my hand and affixed my official seal the date hereinabove set
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Exhibit #1
CITY OF AUBURN HUMAN SERVICE AGREEMENT
PROJECT INFORMATION
PROJECT NO.: GF0616
TITLE: Latino Center
PROJECT SUMMARY: Funds will be used to pay the rent and utilities of the
Latino Center while its Board of Directors develops the
administrative and financial capacity necessary to continue
and sustain the operation of the Latino Center.
TYPE OF PROJECT: Capacity Building
PROJECT LOCATION: 506 21st Street S.E., Apartment #1,
Auburn, Washington 98002
SPECIAL CONDITIONS: See EXHIBIT #3: Special Conditions
TERMINA TION DATE: December 3 L 2006
CONTACT PERSON: Veronica Garavcoa
TITLE: Treasurer
MAILING ADDRESS: 12401 SE 320th Street. Auburn. W A 98092-3622
PHONEIF AX NUMBER: 253-833-9111 X 253
E-MAIL: vgaraycoa@greenriver.edu
PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND
PROGRAM ACCOMPLISHMENTS FORM:
NAME/TIm. ':TESkJ -:r. ?/S-rt9.s> /~ E .r / C;/'s:;,..., r
SIGNATURE ~'"'
(optional) NAME/TITLE
SIGNA TURE
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Exhibit #2
CITY OF AUBURN HUMAN SERVICE AGREEMENT
PY2006 PROJECT BUDGET
PROJECT NO.: GF0616 TITLE: Latino Center
Column A Column B Column C
Cost Categories Total Budget City Other Non-City
Item Funds Funds
-- Personnel Costs 0 0 0
-- Office/Operating Supplies 0 0 0
-- Rent $6,180 $6,180 0
-- Utilities $820 $820 0
-- Telephone & Internet $2,000 $2,000 0
-- Travel and/or Training 0 0 0
-- Intra-Agency Support {i.e. 0 0 0
administrative overhead}
-- Capital Outlay 0 0 0
-- Other (Detail) 0 0 0
Total Project Costs
{Note: Column A must equal $9,000 $9,000 0
sum of Column Band C}
Column A Column B Column C
Source of Funds Total City of Auburn Other Sources
-- City of Auburn General Fund $4,500 $4,500 0
-- Other Funds:
... Remaining balance of United $4,500 $4,500 0
Way Venture Grant
Grand Total
{Note: Column A must equal $9,000 $9,000 0
sum of Column Band C}
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Exhibit #3
CITY OF AUBURN HUMAN SERVICE AGREEMENT
SPECIAL CONDITIONS
PROJECT NO.: GF0616 TITLE: Latino Center
1. Resolution 3938: In accordance with the legislative intent of the City Council as expressed
in PY2006 Annual Action Plan for Housing and Community Development, the Agency
must:
Funds are to be used to pay the rent and utilities of the Latino Center while the
Board of Directors of Centro de Amistad Latino develop the administrative and
financial capacity to apply for grants, enter into agreements and assure
compliance with program requirements of grant agencies,
2. Timely Progression of Proiect: The Agency agrees that it will complete the above project in
a timely manner and comply with the schedule set forth in Attachment #4.
3. Limitations on Expenditures and Adiustments: Funds may be used only to pay the rent,
electrical utilities, telephone and internet connection fees.
4. Termination of the Contract: This Agreement between the CITY OF AUBURN and Centro
de Amistad Latino shall terminate on December 31. 2006. In accordance with the terms of
the Agreement, all unspent funds at the time of termination shall lapse and return to the
City of Auburn's General Fund.
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Exhibit #3
CITY OF AUBURN HUMAN SERVICE AGREEMENT
SCOPE OF WORK
PROJECT NO.: GF0616 TITLE: Latino Center
Objective: Develop the administrative and financial capacity necessary to continue
and sustain the operation of the Latino Center.
Scope of Services: During the course of PY2006, the Board of Directors of Centro de
Amistad Latino will perform the work or make the arrangements
necessary to develop and/or obtain the following:
1. Develop a plan that includes a budget regarding the long-term
operation of the Latino Center.
2. Draft a "Fund Development Strategy" that includes plans for
fundraising.
3. Obtain a 501(C)(3) designation from the Internal Revenue Service.
4. Apply for grants and donations from public and private sources.
Outputs: 1. A written, strategic plan and budget
2. A written "Fund Development Strategy" that includes plans for
fundraising.
3. 50 I (C)(3) designation from the Internal Revenue Service
Schedule By the end of the first quarter, develop a strategic plan and budget.
By the end of the second quarter, draft a "Fund Development Strategy".
By the end of the third quarter, file with the Internal Revenue Service an
application for designation as a 501(C)(3) non-profit corporation.
Apply for grants and donations as opportunities arise, along with other
fundraising events and activities.
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