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HomeMy WebLinkAbout3591RESOLUTION NO. 3 5 9 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE AUBURN FOOD BANK FOR THE PROVISION OF HUMAN SERVICES DURING THE YEAR 2003 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 are herewith authorized to enter into an Agreement between the City of Auburn and The Auburn Food Bank, a local non - profit charitable organization, to provide human services to Auburn residents as described in the Agreement for the year 2003, in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this / day of April, 2003. CI BURN i PETER B. LEWIS MAYOR Resolution No. 3591 April 1, 2003 Page 1 ATTEST: g4.did,_ Dan Ile E. Daskam, City Clerk APPRO ED AS TO FORM: Daniel B. He City Attorney Resolution No. 3591 April 1, 2003 Page 2 AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into this day of , 2003, by and between the CITY OF AUBURN, a municipal and THE corporation of the State of Washington, hereafter referred to as '`CITY ", AUBURN FOOD BANK which is located at 930 18th Place NE, P.O. Box 464 Auburn, WA 98071 -0464, 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 Food Provision and Food Bank support; and WHEREAS, the CITY is interested in continuing support of The Auburn Food Bank, 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: 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 2003 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 Reso. No. 3591 Agreement — GF0321, The Auburn Food Bank March 10, 2003 Page 1 of 8 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, 2003. III. TERM. The term of this Agreement shall commence on January 1, 2003 and shall expire on December 31, 2003. 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 12, 2003. 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 $27,000.00 as set forth in Exhibit 1. The Reso. No. 3591 Agreement — GF0321, The Auburn Food Bank March 10, 2003 Page 2 of 8 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 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. Reso. No. 3591 Agreement — GF0321, The Auburn Food Bank March 10, 2003 Page 3 of 8 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 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: Reso. No. 3591 Agreement — GF0321, The Auburn Food Bank March 10, 2003 Page 4 of 8 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 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. Reso. No. 3591 Agreement — GF0321, The Auburn Food Bank March 10, 2003 Page 5 of 8 (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. 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. Reso. No. 3591 Agreement — GF0321, The Auburn Food Bank March 10, 2003 Page 6 of 8 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 December 12, 2003, describing the progress and activities performed for the year 2003 under its scope of services. 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. 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. The AGENCY agrees to comply with all local, state and federal laws applicable to its performance under this Agreement. Reso. No. 3591 Agreement — GF0321, The Auburn Food Bank March 10, 2003 Page 7 of 8 A EST: Danielle E. Daskam, City Clerk PETER B. LEWIS MAYOR ei City Attorney TITL STATE OF WASHINGTON ) )ss COUNTY OF KING On this .7 day of /1W e- 1. , 2003, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared 'non-profit Asti er4 i , to me known to be the Administrator of The Auburn Food nk, the non - profit orporation 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 WHF„gE�, I have hereunto set my hand and affixed my official seal the date Oft I,�,Q.J hereinabove set forth „t:, N M. R S 1 U •e tt S okt JOTARY :3=i-r. A • s = �{l1RF��aM.� S ,�;•.�G UBI.� o,Q. p” NOTARY PUBLI in and o t tate of -AllF•�F2.? : ? °••6< Washington, residing in A▪ .,,O wAS',;��• MY COMMISSION expires: Reso. No. 3591 Agreement — GF0321, The Auburn Food Bank March 10, 2003 Page 8 of 8 EXHIBIT 1, GF - 0321 CITY OF AUBURN HUMAN SERVICE AGREEMENT 2003 SCOPE OF SERVICES AND QUARTERLY SERVICE UNIT REPORT Agency Information The Auburn Food Bank 930 18th Place NE, P.O. Box 464 Auburn, WA 98071 -0464 206.833.8925 253.833.8925 jackl @theauburnfoodbank.org Contact: Jack Laverty Title: Administrator Are professional services (e.g., counseling, case management) provided as part of this Agreement? No Contract Information Contract Amount: 27,000 Program Name: Food Bank Support Description of Service to be provided: Food Provision and Food Bank support Reporting Information Report for 1st Qtr /Jan -Mar 2003 Service Units 2nd Qtr /Apr -Jun 3rd Qtr /Jul -Sep 4th Qtr /Oct -Dec Narrative: Please attach other relevant nformation, inc uding current trends, program developments, special events, publicity, community education, etc. If actual service units are lower than anticipated, please explain. City Funding Only All Funding Sources Actual Service Units to Date, all Fund Sources Service Unit Description: Auburn Residents Only Total Projected Annual Units Actual Units by Quarter Service Unit/Performance Measure 1st 2nd 3rd 4th Unduplicated Number of Auburn Clients Served 2700 Clients per month 230 Narrative: Please attach other relevant nformation, inc uding current trends, program developments, special events, publicity, community education, etc. If actual service units are lower than anticipated, please explain. CITY OF AUBURN 2003 Quarterly Financial Report Agency: The Auburn Food Bank Program: Food Bank Support Report for 1s1 Qtr /Jan -Mar 2nd Qtr /Apr -Jun Date: EXHIBIT 2, GF - 0321 3rd Qtr /Jul -Sep 4th Qtr /Oct -Dec Requested Reimbursement: Detail as Applicable: Cost Categories Budget Award This Request Cumulative to date Award Balance 1 Personal /Agency Services $8,100.00 2 Office /Operating Supplies 3 Consultant or Purchased Services 4 Direct Client Assistance $18,900.00 5 Communications 6 Travel & Training 7 Intra- Agency Support 8 Other per Detail Grand Total 27,000 Requested Reimbursement: Detail as Applicable: CITY OF AUBURN 2003 Demographic Report Agency: The Auburn Food Bank Program: Food Bank Support Date EXHIBIT 3, GF - 0321 Category 151 2' 3`O 4'" Total YTD Client Residence" **List all clients served in this category. In all other categories list Auburn clients only. Algona Auburn Black Diamond Burien Covington Des Moines Enumclaw Federal Way Kent Maple Valley Normandy Park Pacific Renton SeaTac Seattle Tukwila Unincorporated. King County Other: Unknown TOTAL Client Income Level 30% of median or below 50% of median or below 80% of median or below Above 80% of median Unknown TOTAL Client Gender Female Male Client Age 0 -4 5 -12 13 -17 18 -34 35 -54 55 -74 75+ Unknown TOTAL Ethnicity/ Cultural Background Asian /Pacific Islander Black /African American Hispanic /Latino Native American/ Alaskan Native White /Caucasian Other Unknown TOTAL Condition Disabling Condition ESL Limited English Speaking Household Female- Headed Household CITY OF AUBURN Outcomes Evaluation Format Agency: The Auburn Food Bank Date: Program: Food Bank Support EXHIBIT 4. GF - 0321 Submission Dates. This report shall be submitted with the first quarter invoice and again within sixty (60) days of the end of the calendar year. II. Contents. A. The components of the evaluation will: 1) Identify both process and outcome portions of Food Provision and Food Bank support; 2) Show the relationship of program resources and activities to the expected results or outcomes; 3) Help identify those questions the evaluation is to answer; 4) Provide a graphic summary of how program parts relate to the whole; 5) Make explicit the underlying theory of the program; and 6) Identify measurable categories in the program evaluation. B. The Auburn Food Bank shall develop the following status report components within the time frames established below: 1) 1st Quarter 2003 a) The outcome based results The Auburn Food Bank expects to achieve; b) An indicator to inform the The Auburn Food Bank that the anticipated change has or has not occurred; and c) The method for gathering information needed to indicate the outcomes that have occurred. d) Initial Collection and assessment of the information acquired to include: alterations in the anticipated outcomes or alteration in the methodology of information gathering. 2) 4th Quarter 2003 a) Information collected; b) Conclusions developed as a result of the information. COVER PAGE, Reso No GF - 0321 CITY OF AUBURN HUMAN SERVICE AGREEMENT 2003 INVOICE FOR CONTRACTED SERVICES To: City of Auburn, Attn: Shirley Aird. Planning Department 25 West Main, Auburn, WA 98001 Agency: The Auburn Food Bank 930 18th Place NE, P.O. Box 464 Auburn, WA 98071 -0464 Contact Jack Laverty Invoice for: Date: 206.833.8925 253.833.8925 jackl @theauburnfoodbank.org 1st Quarter, January to March — Due April 15, 2003 2nd Quarter, April to June — Due July 15, 2003 3rd Quarter, July to September — Due October 15, 2003 4th Quarter (Preliminary, Cover sheet and Ex. B only) October to December — Due December 12, 2003 4th Quarter (Final) October to December — Due January 31, 2004 Amount Requested: Required Attachment Checklist: Exhibit A — Quarterly Service Report Exhibit B — Quarterly Financial Report Exhibit C — Demographic Report (2nd and 4th Quarters only) Logic Model /Outcomes Report (1st and 4th Quarters only) Proof of Insurance (1st quarter and /or if expired since last reimbursement request) I certify to the best of my knowledge that this invoice and attachments reflect actual service provided to Auburn residents. Signature of Authorized Representative Date The City of Auburn will issue payment upon this invoice within thirty (30) business days of receipt. To ensure prompt payment, please submit this form and all required attachments by the date listed above. FOR CITY OF AUBURN USE ONLY: Contract Amount: 27,000 Payments Year to Date: Payment this invoice: Authorized to Pay: Date: Date: Date: Date: Contract Balance: Signature Date COVER PAGE — MUST BE SIGNED AND SUBMITTED WITH EACH PAYMENT REQUEST