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HomeMy WebLinkAbout28111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 2 8 1 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN AGREEMENT WITH KING COUNTY SEXUAL ASSAULT RESOURCE CENTER TO PROVIDE COUNSELING SERVICES TO RAPE AND OTHER SEXUAL ASSAULT VICTIMS WITHIN THE AUBURN AREA DURING 1997. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are authorized to execute an Agreement with King County Sexual Assault Resource Center to provide counseling services to rape and other sexual assault victims within the City of Auburn during 1997. A copy of said Agreement is attached hereto, is designated Exhibit "A" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 2811 January 16, 1997 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED and SIGNED this 18th day of February, 1997. ATTEST: rlC-� Robin WohlP-60,/t}‘failLaae ueter City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 2811 January 16, 1997 Page 2 CITY OF AUBURN viar 'I, ti�et% CHARLES A. BOOTH MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORICHNAL A G R E E M E N T THIS AGREEMENT, made and entered into this 1,6 day of , 1997 by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereinafter referred to as "CITY ", and KING COUNTY SEXUAL ASSAULT RESOURCE CENTER, a non - profit organization whose mailing address is P. 0. Box 300, Renton, WA 98057, hereinafter referred to as "KCSARC ", and is intended to cover the provision of services by KCSARC to the CITY for the calendar year 1997. WHEREAS, KCSARC provides counseling services to rape and other sexual assault victims and their families as well as consultation, liaison, and informational services to police and other law enforcement agencies, and social service and mental health providers, and informational services and programs to community groups and individuals; and WHEREAS, KCSARC has provided the above services to the CITY and its inhabitants in the past and is willing and able to continue to do so; and WHEREAS, the CITY recognizes the nature and quality of counseling, consultative and informational services provided by KCSARC and the CITY's need for said services and is therefore willing and interested in obtaining the same to enhance its law enforcement functions and to benefit the health, safety and welfare of its citizens; Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 (kcsarc97) January 16, 1997 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NOW THEREFORE, in consideration of the mutual promises and covenants herein contained to be kept, performed and fulfilled by the respective parties hereto, and other valuable consideration, it is mutually agreed as follows: 1. SERVICES 1 -A. Definition of Terms. As used in this agreement, the below designated terms shall be defined as follows: a. Assistance and counseling includes providing immediate information to the rape or sexual assault victim and the victim's family regarding police and /or medical procedures, the rape trauma syndrome and possible reactions of important others; providing a counselor or accompanying the victim through police and prosecutor interviews and hospital examination; providing information about the treatment of rape trauma syndrome and assisting the victim and the victim's family in developing family support and constructive responses to employment, housing or school crisis precipitated by the sexual assault. In the case of child victims in South King County, professional counseling services may be offered. b. Trained volunteer is an individual who has completed forty -two hours of initial training and who Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 Ckcsarc97) January 16, 1997 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 participates in ten to twelve hours of additional training yearly. On -going supervision and training are also provided to each trained volunteer through staff consultation on each case. c. Victim refers to a victim of rape, attempted rape, indecent liberties, incest or other sexual assault. 1 -B. KCSARC will maintain a twenty -four hour per day crisis intervention telephone line which will be staffed by trained volunteers and /or staff for the purpose of providing assistance and counseling to victims and their families within the CITY and to provide immediate assistance to victims referred by the CITY Police Department. Said telephone line will accept collect calls from anyplace within the CITY boundaries and a 1 -800 number is available. 1 -C. KCSARC will advertise the toll -free crisis line telephone numbers and other services it offers to CITY inhabitants through public service announcements in the local news media as resources permit during the term of this contract. 1 -D. KCSARC will provide informational services to groups and individuals within the CITY in order to educate them about the special problems which confront sexual assault victims. The objectives of education programs shall be to increase the number of people able to respond in a sympathetic and knowledgeable manner to a sexual assault victim, to increase the number of people able to provide accurate information Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 Ckcsarc97) January 16, 1997 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 about police, medical and other social services to a sexual assault victim and to increase the number of people who understand the circumstances under which rape and other sexual assaults may occur. 1 -E. KCSARC will work with the victim, hospital medical personnel and police to assist in obtaining the best possible legal /medical evidence gathering. 1 -F. KCSARC will consult and cooperate with the CITY Police Department and act, where necessary, as a liaison between rape and sexual assault victims and the police in order that victims understand the role of the police in the apprehension and prosecution of persons who commit rape and /or sexual assault. 1 -G. Third party reports will be forwarded, with the victim's consent, to the CITY Police Department for informational and statistical purposes. A list of reports given to the CITY Police Department shall be submitted by KCSARC to the CITY on a quarterly basis during the term of this Agreement. 1 -H. Said services, and all duties incidental or necessary thereto, shall be conducted and performed diligently and competently and in accord with professional standards of conduct and performance. 1 -I. KCSARC is and shall be at all times during the term of this agreement an independent contractor. Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 {kcsarc97) January 16, 1997 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. COMPENSATION 2 -A. KCSARC shall be paid no more than THIRTY THOUSAND ONE HUNDRED -SIXTY DOLLARS ($30,160.00) by the CITY for completed services rendered under this Agreement. Such payment shall be approved by the Mayor or his designee. 2 -B. Such payment shall be compensation for services performed by KCSARC including all reports, supporting data, supervision, labor, supplies, materials, equipment or the use thereof and for all other necessary incidentals. 2 -C. KCSARC will submit a statement to the CITY quarterly, describing services it has rendered under the terms of this Agreement and the CITY will pay the amount approved by the Mayor or his designee, subject to the limitation in paragraph 2 -A above, by the twenty- eighth day of the month following the end of the quarter. However, the final statement of services rendered will be submitted on or before December 15, 1997. 2 -D. KCSARC agrees that those services for which it seeks compensation under the terms of this Agreement shall be or have been performed solely for residents of the CITY. 3. GENERAL ADMINISTRATION AND MANAGEMENT 3 -A. The Mayor or his designee shall have administrative responsibility for the CITY's performance under this Agreement and shall review and may approve for payment all statements Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 (kcsarc97) January 16, 1997 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and bills submitted by KCSARC to the CITY for its performance under this Agreement. 3 -B. The Executive Director of KCSARC shall be responsible for overall administration of the provision of services by KCSARC under the terms of this Agreement and for coordination with the CITY. 4. TERMINATION OF AGREEMENT 4 -A. Either party hereto may terminate or suspend this Agreement at any time with or without cause, by giving thirty days notice to the other party in writing. Termination or suspension shall be effective ten days after receipt of notice thereof by certified mail. In the event that the CITY terminates or suspends this agreement, KCSARC shall be entitled to receive just and equitable compensation for any satisfactory services rendered prior to the effective date of termination or suspension. 5. GENERAL PROVISIONS 5 -A. KCSARC shall indemnify and hold the CITY, its officers and employees, elected or appointed, harmless from and against any and all liability, loss, damages, claims, suits, actions at law or otherwise, judgments and costs (including, but not limited to, reasonable attorney's fees) that may arise from, grow out of or otherwise contribute to Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 Ckcsarc97) January 16, 1997 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 any injury or death to any person or damage to any property, caused by, resulting from or otherwise attributable to any willful or negligent acts or omissions on the part of KCSARC, its agents, employees or representatives, occurring in the course of, arising from or otherwise attributable to the performance of services and duties under this Agreement. 5 -B. This Agreement may not be assigned or otherwise transferred by the parties thereto. 5 -C. No change, alteration, modification or addition to this Agreement will be effective unless it is in writing and properly signed by both parties thereto. 6. INSURANCE 6 -A. KCSARC shall maintain, during the term of this Agreement, comprehensive general liability insurance to provide coverage for claims for injury or damage to persons or property arising out of services provided by KCSARC, its agents and employees, under the term of this Agreement. The minimum liability limits for the comprehensive general liability insurance shall be no less than ONE MILLION and 00 /100 DOLLARS ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. KCSARC shall also provide and maintain during the term of this Agreement, professional liability coverage including errors and omissions in minimum liability limits of ONE MILLION and 00 /100 DOLLARS ($1,000,000) combined single Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 (kcsarc97) January 16, 1997 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 limit per occurrence for bodily injury, personal injury and property damage. KCSARC agrees to furnish the CITY with a Certificate of Insurance evidencing the coverage required by this Agreement. The comprehensive general liability insurance shall name the CITY, its officers, agents and employees, as additional insured. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. ATTEST: Robin Wohlhueter, City Clerk CITY OF AUBURN 01(0-1-es - CHARLES A. BOOTH MAYOR Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 (kcsarc97) January 16, 1997 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 APPROVED AS TO FORM: Michael J. Reynolds, City Attorney KING COUNTY SEXUAL ASSAULT RESOURCE CENTER MARY ELLEN STONE, Executive Director Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 4kcsarc97) January 16, 1997 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STATE OF WASHINGTON ) ss COUNTY OF KING On this ( day of a1-ch , 1997, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared MARY ELLEN STONE, to me known to be the Executive Director of KING COUNTY SEXUAL ASSAULT RESOURCE CENTER, 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. 1/4—Aer, ! ��;� • „•!tj��i,' NOTAR at the State of *8 ION y'P� 'j4► � IY� <-.-I ■ *OTARy y —�- =- MY COMMISSION expires: 3- I - 0 7 z - 3 '(I8LAC ■ ■ t i/, / p �A • gy l o$ Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A” Resolution No. 2811 Ckcsarc97) January 16, 1997 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 APPENDIX A A. Assistance and counseling include providing immediate information to the rape or sexual assault victim and the victim's family regarding police and /or medical procedures, the rape trauma syndrome and possible reactions of important others; providing a counselor or accompanying the victim through police and prosecutor interviews and hospital examination; providing information about the treatment of rape trauma syndrome and assisting the victim and the victim's family in developing family support and constructive responses to employment, housing or school crisis precipitated by the sexual assault. In the case of child victims in South King County, individual and group counseling will be provided. B. Victim refers to a victim of rape, attempted rape, indecent liberties, incest or other sexual assault. C. King County Sexual Assault Resource Center will maintain a twenty -four hour per day crisis intervention telephone line which will be staffed by trained volunteers and staff for the purpose of providing assistance and counseling to victims and their families within the CITY and to provide immediate assistance and counseling to victims referred by the CITY Police Department. Said telephone line accepts collect calls from any place within the CITY boundaries. A 1 -800 number is also available. D. KCSARC will advertise the toll -free crisis line telephone number and other services it offers to CITY inhabitants through public service announcements in the local news media as resources permit during the term of this contract. E. KCSARC will provide informational services to groups and individuals within the CITY in order to educate them about sexual assault and prevention. Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 Ckcsarc97) January 16, 1997 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 F. KCSARC will work with the victim, hospital medical personnel and police to assist in obtaining the best possible legal /medical evidence gathering. G. KCSARC will consult and cooperate with the CITY Police Department and act, where necessary, as a liaison between rape and sexual assault victims and the police in order that the victims understand the role of the police in the apprehension and prosecution of persons who commit rape and sexual assault. Agreement - King County Sexual Assault Resource Center 1997 Exhibit "A" Resolution No. 2811 (kcsarc97) January 16, 1997 Page 12