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HomeMy WebLinkAbout2709 OREA'AL 1 RESOLUTION NO. 2 7 0 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN AGREEMENT WITH KING COUNTY SEXUAL 4 ASSAULT RESOURCE CENTER TO PROVIDE COUNSELING SERVICES TO RAPE AND OTHER SEXUAL ASSAULT VICTIMS WITHIN THE AUBURN AREA DURING 5 1996. 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT 9 Section I. The Mayor and City Clerk of the City of 10 Auburn, Washington, are authorized to execute an Agreement 11 with King County Sexual Assault Resource Center to provide 12 counseling services to rape and other sexual assault victims 13 within the City of Auburn during 1996 A copy of said 14 Agreement is attached hereto, is designated Exhibit "A" and 15 incorporated by reference in this Resolution 16 Section 2. The Mayor is hereby authorized to implement 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation 19 DATED and SIGNED this 5th day of February, 1996 20 21 CITY OF AUBURN 23 ;JP 24 CHARLES A. BOOTH MAYOR 25 26 Resolution No. 2709 January 9, 1996 Page 1 • 1 ATTEST: 2 3 41/4/IA-Jr 0/11-1-&-.ce i --Y 4 Robin Wohlhueter, City Clerk 5 6 7 APPROVED AS TO FORM: 8 10 Michael Reynolds, City Attorney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2709 January 9, 1996 Page 2 1 A G R E E M E N T 2 3 THIS AGREEMENT, made and entered into this ) day of 4 410ii/J"" , 1996 by and between the CITY OF AUBURN, a 5 municipal corporation of the State of Washington, hereinafter 6 referred to as "CITY", and KING COUNTY SEXUAL ASSAULT RESOURCE 7 CENTER, a non-profit organization whose mailing address is 8 P. 0. Box 300, Renton, WA 98057, hereinafter referred to as 9 "KCSARC", and is intended to cover the provision of services 10 by KCSARC to the CITY for the calendar year 1996. 11 WHEREAS, KCSARC provides counseling services to rape and 12 other sexual assault victims and their families as well as 13 consultation, liaison, and informational services to police 14 and other law enforcement agencies, and social service and 15 mental health providers, and informational services and 16 programs to community groups and individuals; and 17 WHEREAS, KCSARC has provided the above services to the 18 CITY and its inhabitants in the past and is willing and able 19 to continue to do so; and 20 WHEREAS, the CITY recognizes the nature and quality of 21 counseling, consultative and informational services provided 22 by KCSARC and the CITY 's need for said services and is 23 therefore willing and interested in obtaining the same to 24 25 26 Agreement-King County Sexual Assault Resource Center 1996 Exhibit "A"Resolution No. 2709 ckcsarc96 January 9 1996 Page 1 1 enhance its law enforcement functions and to benefit the 2 health, safety and welfare of its citizens; 3 NOW THEREFORE, in consideration of the mutual promises 4 and covenants herein contained to be kept, performed and 5 fulfilled by the respective parties hereto, and other valuable 6 consideration, it is mutually agreed as follows 7 8 1. SERVICES 9 1-A. Definition of Terms. As used in this agreement, the 10 below designated terms shall be defined as follows 11 a. Assistance and counseling includes providing 12 immediate information to the rape or sexual assault 13 victim and the victim' s family regarding police 14 and/or medical procedures, the rape trauma syndrome 15 and possible reactions of important others; 16 providing a counselor or accompanying the victim 17 through police and prosecutor interviews and 18 hospital examination; providing information about 19 the treatment of rape trauma syndrome and assisting 20 the victim and the victim's family in developing 21 family support and constructive responses to 22 employment, housing or school crisis precipitated by 23 the sexual assault In the case of child victims in 24 25 26 Agreement-King County Sexual Assault Resource Center 1996 Exhibit"A" Resolution No. 2709 Ckcsarc96) January 9, 1996 Page 2 1 South King County, professional counseling services 2 may be offered 3 b Trained volunteer is an individual who has completed 4 forty-two hours of initial training and who 5 participates in ten to twelve hours of additional 6 training yearly. On-going supervision and training 7 are also provided to each trained volunteer through 8 staff consultation on each case. 9 c Victim refers to a victim of rape, attempted rape, 10 indecent liberties, incest or other sexual assault. 11 1-B KCSARC will maintain a twenty-four hour per day 12 crisis intervention telephone line which will be staffed by 13 trained volunteers and/or staff for the purpose of providing 14 assistance and counseling to victims and their families within 15 the CITY and to provide immediate assistance to victims 16 referred by the CITY Police Department. Said telephone line 17 will accept collect calls from anyplace within the CITY 18 boundaries and a 1-800 number is available. 19 1-C. KCSARC will advertise the toll-free crisis line 20 telephone numbers and other services it offers to CITY 21 inhabitants through public service announcements in the local 22 news media as resources permit during the term of this 23 contract. 24 25 26 Agreement-King County Sexual Assault Resource Center 1996 Exhibit"A"Resolution No. 2709 Ckcsarc96) January 9 1996 Page 3 1 2 1-D. KCSARC will provide informational services to groups and individuals within the CITY in order to educate them about 3 4 the special problems which confront sexual assault victims. 5 The objectives of education programs shall be to increase the 6 number of people able to respond in a sympathetic and knowledgeable manner to a sexual assault victim, to increase 7 the number of people able to provide accurate information 8 about police, medical and other social services to a sexual 9 assault victim and to increase the number of people who 10 understand the circumstances under which rape and other sexual 11 assaults may occur 12 1-E KCSARC will work with the victim, hospital medical 13 personnel and police to assist in obtaining the best possible 14 legal/medical evidence gathering 15 1-F KCSARC will consult and cooperate with the CITY 16 Police Department and act, where necessary, as a liaison 17 between rape and sexual assault victims and the police in 18 order that victims understand the role of the police in the 19 apprehension and prosecution of persons who commit rape and/or 20 sexual assault 21 22 1-G. Third party reports will be forwarded, with the 23 victim's consent, to the CITY Police Department for 24 informational and statistical purposes A list of reports 25 given to the CITY Police Department shall be submitted by 26 Agreement-King County Sexual Assault Resource Center 1996 Exhibit "A"Resolution No. 2709 tkcsarc96) January 9, 1996 Page 4 1 KCSARC to the CITY on a quarterly basis during the term of 2 this Agreement 3 1-H Said services, and all duties incidental or 4 necessary thereto, shall be conducted and performed diligently 5 and competently and in accord with professional standards of 6 conduct and performance. 7 1-I KCSARC is and shall be at all times during the term 8 of this agreement an independent contractor. 9 10 2 . COMPENSATION 11 2-A. KCSARC shall be paid no more than THIRTY THOUSAND 12 ONE HUNDRED-SIXTY DOLLARS ($30, 160. 00) by the CITY for 13 completed services rendered under this Agreement Such 14 payment shall be approved by the Mayor or his designee. 15 2-B. Such payment shall be compensation for services 16 performed by KCSARC including all reports, supporting data, 17 supervision, labor, supplies, materials, equipment or the use 18 thereof and for all other necessary incidentals 19 2-C. KCSARC will submit a statement to the CITY 20 quarterly, describing services it has rendered under the terms 21 of this Agreement and the CITY will pay the amount approved by 22 the Mayor or his designee, subject to the limitation in 23 paragraph 2—A above, by the twenty—eighth day of the month 24 following the end of the quarter. However, the final 25 26 Agreement-King County Sexual Assault Resource Center 1996 Exhibit"A"Resolution No. 2709 <kcsarc96) January 9, 1996 Page 5 1 statement of services rendered will be submitted on or before 2 December 15, 1996. 3 2-D KCSARC agrees that those services for which it seeks 4 compensation under the terms of this Agreement shall be or 5 have been performed solely for residents of the CITY 6 7 3. GENERAL ADMINISTRATION AND MANAGEMENT 8 3-A The Mayor or his designee shall have administrative 9 responsibility for the CITY' s performance under this Agreement 10 and shall review and may approve for payment all statements 11 and bills submitted by KCSARC to the CITY for its performance 12 under this Agreement 13 3-B. The Executive Director of KCSARC shall be 14 responsible for overall administration of the provision of 15 services by KCSARC under the terms of this Agreement and for 16 coordination with the CITY 17 18 4. TERMINATION OF AGREEMENT 19 4-A Either party hereto may terminate or suspend this 20 Agreement at any time with or without cause, by giving thirty 21 days notice to the other party in writing Termination or 22 suspension shall be effective ten days after receipt of notice 23 thereof by certified mail. In the event that the CITY 24 terminates or suspends this agreement, KCSARC shall be 25 26 Agreement-King County Sexual Assault Resource Center 1996 Exhibit"A"Resolution No. 2709 ckcsarc96) January 9, 1996 Page 6 1 entitled to receive just and equitable compensation for any 2 satisfactory services rendered prior to the effective date of 3 termination or suspension. 4 5 5. GENERAL PROVISIONS 6 5-A KCSARC shall indemnify and hold the CITY, its 7 officers and employees, elected or appointed, harmless from 8 and against any and all liability, loss, damages, claims, 9 suits, actions at law or otherwise, judgments and costs 10 (including, but not limited to, reasonable attorney's fees) 11 that may arise from, grow out of or otherwise contribute to 12 any injury or death to any person or damage to any property, 13 caused by, resulting from or otherwise attributable to any 14 willful or negligent acts or omissions on the part of KCSARC, 15 its agents, employees or representatives, occurring in the 16 course of, arising from or otherwise attributable to the 17 performance of services and duties under this Agreement. 18 5-B. This Agreement may not be assigned or otherwise 19 transferred by the parties thereto. 20 5-C. No change, alteration, modification or addition to 21 this Agreement will be effective unless it is in writing and 22 properly signed by both parties thereto. 23 24 25 26 Agreement-King County Sexual Assault Resource Center 1996 Exhibit"A" Resolution No. 2709 Ckcsarc96> January 9, 1996 Page 7 1 6. INSURANCE 2 6-A. KCSARC shall maintain, during the term of this 3 Agreement, comprehensive general liability insurance to 4 provide coverage for claims for injury or damage to persons or 5 property arising out of services provided by KCSARC, its 6 agents and employees, under the term of this Agreement. The 7 minimum liability limits for the comprehensive general 8 liability insurance shall be no less than ONE MILLION and 9 00/100 DOLLARS ($1, 000, 000) combined single limit per 10 occurrence for bodily injury, personal injury and property 11 damage KCSARC shall also provide and maintain during the 12 term of this Agreement, professional liability coverage 13 including errors and omissions in minimum liability limits of 14 ONE MILLION and 00/100 DOLLARS ($1, 000, 000) combined single 15 limit per occurrence for bodily injury, personal injury and 16 property damage 17 KCSARC agrees to furnish the CITY with a Certificate of 18 Insurance evidencing the coverage required by this Agreement. 19 The comprehensive general liability insurance shall name the 20 CITY, its officers, agents and employees, as additional 21 insured. 22 IN WITNESS WHEREOF, the parties have executed this 23 Agreement on the date first above written 24 25 26 Agreement-King County Sexual Assault Resource Center 1996 Exhibit"A"Resolution No. 2709 Ckcsarc96) January 9, 1996 Page 8 1 2 3 CITY OF AUBURN 4 5 Clk araC) CHARLES A. BOOTH 7 MAYOR 8 9 ATTEST 10 12 Robin Wohlhueter, 13 City Clerk 14 15 16 APPROVED AS TO FORM: 17 18 19 Michael Reynolds, 20 City Attorney 21 22 23 24 25 26 Agreement-King County Sexual Assault Resource Center 1996 Exhibit"A"Resolution No. 2709 (kcsarc96) January 9, 1996 Page 9 1 2 KING COUNTY SEXUAL ASSAULT RESOURCE CENTER 3 4 BY: // /( /l i�l/!// MARY ELLEN STONE, Executive Director 5 6 7 8 STATE OF WASHINGTON ) 9 ) ss COUNTY OF KING 10 /// 11 On this /44k day of / iva y , 1996, before me, the undersigned, a Notary Public in and for the State of 12 Washington, personally appeared MARY ELLEN STONE, to me known to be the Executive Director of KING COUNTY SEXUAL ASSAULT 13 RESOURCE CENTER, the non-profit corporation that executed the within and foregoing instrument, and acknowledged said 14 instrument to be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein 15 mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said non-profit 16 corporation. 17 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. 18 19 20 404-44-/ e` � `l/..e _ 21 NOTARY PUBLIC in and for the State o Washington, residing at /1/// 640.4 ¢ S 22 7��ap /) rnY'"�r/01'l1 (� (P /J5 23 MY COMMISSION expires: 19-7/49g 24 25 ' 26 - Agreement-King County Sexual Assault Resource Center 1996 Exhibit"A" Resolution No. 2709 (kcsarc96) January 9 1996 Page 10 • 1 APPENDIX A 2 A Assistance and counseling include providing immediate information to the rape or sexual assault victim and the 3 victim's family regarding police and/or medical procedures, the rape trauma syndrome and possible 4 reactions of important others; providing a counselor or accompanying the victim through police and prosecutor 5 interviews and hospital examination; providing information about the treatment of rape trauma syndrome 6 and assisting the victim and the victim's family in developing family support and constructive responses to 7 employment, housing or school crisis precipitated by the sexual assault In the case of child victims in South 8 King County, individual and group counseling will be provided. 9 B. Victim refers to a victim of rape, attempted rape, 10 indecent liberties, incest or other sexual assault 11 C. King County Sexual Assault Resource Center will maintain a twenty-four hour per day crisis intervention telephone 12 line which will be staffed by trained volunteers and staff for the purpose of providing assistance and 13 counseling to victims and their families within the CITY and to provide immediate assistance and counseling to 14 victims referred by the CITY Police Department. Said telephone line accepts collect calls from any place 15 within the CITY boundaries A 1-800 number is also available. 16 D. KCSARC will advertise the toll-free crisis line telephone 17 number and other services it offers to CITY inhabitants through public service announcements in the local news 18 media as resources permit during the term of this contract. 19 E. KCSARC will provide informational services to groups and 20 individuals within the CITY in order to educate them about sexual assault and prevention. 21 F. KCSARC will work with the victim, hospital medical 22 personnel and police to assist in obtaining the best possible legal/medical evidence gathering. 23 G KCSARC will consult and cooperate with the CITY Police 24 Department and act, where necessary, as a liaison between rape and sexual assault victims and the police in order 25 that the victims understand the role of the police in the apprehension and prosecution of persons who commit rape 26 and sexual assault Agreement-King County Sexual Assault Resource Center 1995 Appendix A--Exhibit "A" Resolution No. 2593 (kcsarc96 December 23, 1994 Page 11 ACORD CERTIFICATE OF LIABILITY-INSURANCE 10/16/1995 PRODUCER (206)281-4500 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rollins Hudig Hall of WA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3131 Elliott Ave , Ste 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle, WA 98121 COMPANIES AFFORDING COVERAGE COMPANY American Stafes Insurance Co Attn: Barbara Larreau " Ext: 4584 A INSURED "— COMPANY Western World Insurance Co King Co Sexual Assault _ B Resource Center i_ _ P 0 Box 300 COMPANY Renton, WA 98057 - ` c \` ♦ r `, COMPANY D COVERAGES' . ............ • . . .. ''','.;`f``. >#yS i t. _r�THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCELISTE[SB•EE"LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE FOLIC E XPIRATION LIMITS LTR DATE(MM/DDNY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRCC •CTS-COMP/OP AGG $ 2,000,000 A CLAIMS MADE X OCCUR 01003764254 11/23/1995 11/23/1996 PERSONALBADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT LAO-.OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) 5 50,000 MED EXP(Any one person) 5 5,000 AUTOMOBILE LIABILITY COMEINED SINGLE LIMIT $ ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per rorson) A 01CD3764254 11/23/1995 11/23/1996 X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY • EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ , OTHER THAN UMBRELLA FORM $ WCRIAN. nl H- . WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY -- EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT 5 PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE S Professional $ OTHER Liability 500,000 Per Claim g - Occurrence Form NGL7020531 01/18/1995 01/18/1996 $1,000,000 Aggregate $500 Ded Per Claim DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS :ertificate Holder is named Additional Insured with respect to contract issued for operations as sexual assault and education service CERTIFICATEHOLDER. • " CANCELLATION - -, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Auburn 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATM Dept of Planning & Community Develop BUT FA LURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 25 West Main OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. 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