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HomeMy WebLinkAbout2951 I \ 1 RESOLUTION NO 2 9 5 1 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 4 THE 1998 AGREEMENT FOR SERVICES BETWEEN THE CITY OF AUBURN AND THE AUBURN RESPITE PROGRAM 5 6 WHEREAS, the AUBURN RESPITE PROGRAM provides a valuable 7 service to the City and its residents through the provision of 8 adult day care services for low income Auburn residents; and 9 WHEREAS, the City is interested in continuing support of 10 the adult day care services, including early intervention and 11 therapeutic child development services, for low income Auburn 12 residents 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 14 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 15 RESOLVES THAT 16 SECTION 1 . The Mayor and City Clerk of the City of 17 Auburn, Washington, are herewith authorized to execute the 18 1998 Agreement for Services between the CITY OF AUBURN and the 19 AUBURN RESPITE PROGRAM to provide adult day care services, 20 including early intervention and therapeutic child development 21 services A copy of said Agreement denominated as Exhibit "A" 22 is attached hereto and incorporated herein 23 24 25 26 Resolution No 2951 April 21, 1998 Page 1 1 SECTION 2 . The Mayor is hereby authorized to implement 2 such administrative procedures as may be necessary to carry 3 out the directives of this legislation 4 5 DATED and SIGNED this 4`h day of May, 1998 6 CITY OF AUBU 8 Q61., I ribej CHARLES A BOOTH 9 MAYOR 10 ATTEST 11 � �y 12 `'I scaze.i Danielle E askam, 13 City Clerk 14 "PROVED AS TO FORM 15 ' i 16 w 5 17 Michael J Reynolds, City Attorney 18 19 20 21 22 23 24 25 26 Resolution No 2951 April 21, 1998 Page 2 1 AGREEMENT FOR SERVICES 2 3 THIS AGREEMENT made and entered into this /3 day of 4 , 1998 , by and between the CITY OF AUBURN, a 5 municipal corporation of the State of Washington, hereafter 6 referred to as "CITY", and the AUBURN RESPITE PROGRAM, a non- 7 profit corporation organized under the laws of the a- of Sd(o - /d -' -Sire./ s E (\WC'. 8 Washington, whose address is 1102 J Street Auburn, 9 Washington 98002, hereinafter referred to as thei "AUBURN 10 RESPITE PROGRAM" . 11 WHEREAS, the AUBURN RESPITE PROGRAM provides a valuable 12 service to the CITY and its residents through the provision of 13 adult day care services for low income Auburn residents; and 14 WHEREAS, the CITY is interested in continuing support of 15 the adult day care services, including early intervention and 16 therapeutic child development services, for low income Auburn 17 residents ; 18 NOW, THEREFORE, In consideration of the covenants and 19 conditions of this Agreement, the parties agree as follows 20 PURPOSE. 21 The purpose of this Agreement is to provide for an 22 appropriation to the AUBURN RESPITE PROGRAM for providing 23 adult day care to Auburn residents during the 1998 term This 24 continued support is in recognition of the fact that the 25 26 Agreement-The Auburn Respite Program 1998 Exhibit A Resolution No.2951 April 21, 1998 [a\agree\respite] Page 1 1 demand for the services delivered by the AUBURN RESPITE 2 PROGRAM continue to rise 3 II SCOPE OF SERVICES . 5 The parties agree and understand that the AUBURN RESPITE 6 PROGRAM agrees to provide adult day care services, which may include early intervention and therapeutic cnild development 8 services, to low income Auburn residents at the AUBURN RESPITE 9 PROGRAM' s facilities located in Auburn Adult day care 10 services shall include but are not limited to those services 11 described as follows 12 A Provision of short term quality care delivered' in a 13 stimulating environment to persons for whom long 14 term institutionalization is being delayed 15 B Care for adults suffering debilitating physical or 16 mental deterioration which offers opportunities for 17 the care giver to have a respite from providing care 18 and meet their own personal needs 19 Prevention of abuse and neglect through the use of 20 adult day care and by giving care givers a respite 21 from each other 22 In addition, the AUBURN RESPITE PROGRAM agrees to work 23 closely with the CITY OF AUBURN in developing and improving 24 other ways to address the needs of Auburn families served 25 through the AUBURN RESPITE PROGRAM 26 Agreement-The Auburn Respite Program 1998 Exhibit A Resolution No. 2951 April 21, 1998 [a\agree\respite] Page 2 1 III STATUS REPORT 2 The AUBURN RESPITE PROGRAM shall develop and provide to 3 the City within 60 days after the completion of the 1998 4 calendar year a status report containing a program evaluation 5 component commonly referred to as the "Logic Model" which will 6 show the intended linkages between the activities conducted 7 and the changes the activities will produce 8 9 A The components of the evaluation will 1) Identify both process and outcome portions of 10 11 respite care service; 2) Show the relationship of program resources and 12 13 activities to the expected results or outcomes 14 3) Help identify those questions the evaluation is to 15 answer; 16 4) Provide a graphic summary of how program parts 17 relate to the whole; 18 5) Make explicit the underlying theory of the program 19 and 20 6) Identify measurable categories in the program 21 evaluation 22 B The AUBURN RESPITE PROGRAM shall develop the following 23 status report components within the time frames 24 established below 25 2na Quarter 1998 Year 26 Agreement-The Auburn Respite Program 1998 Exhibit"A"Resolution No.2951 April 21, 1998 [a\agree\respite] Page 3 1 a) The outcome based results the AUBURN RESPITE 2 PROGRAM expects to achieve; 3 b) An indicator to inform the AUBURN RESPITE PROGRAM 4 that the anticipated change has or has not 5 occurred; 6 c) The method for gathering information needed to 7 indicate the outcomes that have occurred; 8 2) 3rd Quarter 1998 Year 9 a) Initial Collection and assessment of the 10 information acquired to include 11 i) alterations in the anticipated outcomes or 12 ii) alteration in the methodology of information 13 gathering 14 3 ) 4`h Quarter 1998 15 a) Information collected; 16 b) Conclusions developed as a result of the 17 information 18 IV TERM. 19 The term of this Agreement shall commence on January 1, 20 1998 and shall expire on December 31 , 1998 21 V COMPENSATION. 22 As full and total payment for the services provided under 23 this Agreement, the CITY agrees to pay the AUBURN RESPITE 24 PROGRAM the total amount of FOUR THOUSAND DOLLARS ($4, 000) 25 26 Agreement-The Auburn Respite Program 1998 Exhibit A Resolution No.2951 April 21, 1998 [a\agree\respite] Page 4 1 The AUBURN RESPITE PROGRAM will submit a statement to the CITY 2 quarterly describing services that it has rendered under the 3 terms of this Agreement and the CITY will pay an amount equal 4 to one-quarter of the total amount by the twenty-eighth (28th) 5 day of the month following the end of the quarter However, 6 the final statement of services rendered will be submitted on 7 or before December 15, 1998 8 VI INDEMNIFICATION. 9 The AUBURN RESPITE PROGRAM agrees to defend, indemnify, 10 and hold harmless the CITY, its elected and appointed 11 officials, employees and agents from and against any and all 12 claims, demands and/or causes of action of any kind or 13 character whatsoever arising out of or relating to services 14 provided by the AUBURN RESPITE PROGRAM, its employees, 15 volunteers or agents concerning any and all claims by any 16 17 persons for alleged injury or damage to persons or property to 18 the extent caused by the negligent acts, errors or omissions 19 of the AUBURN RESPITE PROGRAM, its employees, volunteers or 20 agents or representatives In the event that any suit or 21 ' claim for damages based upon such claim, action, loss or 22 damage is brought against the CITY, the AUBURN RESPITE PROGRAM 23 shall defend the same as its sole costs and expense; provided 24 that the CITY retains the right to participate in said suit if 25 any principle of governmental or public law is involved; and 26 Agreement The Auburn Respite Program 1998 Exhibit"A Resolution No. 2951 April 21, 1998 [a\agreelrespite] Page 5 1 if final judgment be rendered against the CITY and/or its 2 officers, elected officials, agents and employees or any of 3 them or jointly against the CITY and the AUBURN RESPITE 4 5 PROGRAM and their respective officers, agents, volunteers, employees or any of them, the AUBURN RESPITE PROGRAM shall 6 fully satisfy the same and shall reimburse the CITY any costs 7 and expense which the CITY has incurred as a result of such 8 claim or suit The provisions of this section shall survive 9 the expiration or termination of this Agreement 10 VII INDEPENDENT CONTRACTOR/ASSIGNMENT. 11 The parties agree and understand that the AUBURN RESPITE 12 PROGRAM is an independent contractor and not the agent or 13 employee of the CITY and that no liability shall attach to the 14 15 CITY by reason of entering into this Agreement except as 16 provided herein The services required under this Agreement 17 may not be assigned or subcontracted by the AUBURN RESPITE 18 PROGRAM without the prior written consent of the CITY 19 VIII INSURANCE. 20 The AUBURN RESPITE PROGRAM shall procure and maintain for 21 the duration of this Agreement insurance against claims for 22 injuries to persons or property which may arise from or in 23 connection with services provided by the AUBURN RESPITE 24 PROGRAM, it agents, employees or volunteers under this 25 Agreement The AUBURN RESPITE PROGRAM agrees to provide 26 Agreement The Auburn Respite Program 1998 Exhibit A"Resolution No.2951 April 21, 1998 [a\agree\respite] Page 6 1 comprehensive general liability insurance and shall maintain 2 liability limits of not less than ONE MILLION DOLLARS 3 ($1, 000 , 000) combined single limit coverage per occurrence for 4 bodily injury, personal injury and property damage The 5 AUBURN RESPITE PROGRAM shall also provide and maintain 6 professional liability coverage including errors and omissions 7 coverage in the minimum liability amount of ONE MILLION 8 DOLLARS ($1, 000, 000) combined single limit per occurrence for 9 bodily injury, personal injury and property damage Any 10 deductibles or self insured retentions in either policies must 11 be declared to and approved by the CITY At the option of the 12 CITY either The insurer shall reduce or eliminate such 13 deductibles or self insured retentions as respects the CITY, 14 its officials and employees ; or, the AUBURN RESPITE PROGRAM 15 shall procure a bond guaranteeing payment of losses and 16 related investigations, claim administration and defense 17 expenses The policies are to contain or be endorsed to 18 contain the following provisions 19 A GENERAL LIABILITY COVERAGE: 20 1) The CITY, its elected and appointed officials, 21 22 employees and agents are to be covered as insureds 23 as respects Liability arising out of services and activities performed by or on behalf of the AUBURN 24 RESPITE PROGRAM, its employees, agents and 25 26 Agreement-The Auburn Respite Program 1998 Exhibit A Resolution No.2951 April 21, 1998 [a\agree\respite] Page 7 1 volunteers The coverage shall contain no special 2 limitations on the scope of protection afforded to 3 the CITY, its elected and appointed officials, 4 employees or agents 5 B GENERAL LIABILITY AND PROFESSIONAL LIABILITY 6 COVERAGES: 7 8 1) The AUBURN RESPITE PROGRAM' s insurance coverage 9 shall be primary insurance as respects the 10 CITY, its officials, employees and agents Any 11 insurance or self insurance maintained by the 12 CITY, its officials, employees or agents shall 13 be in excess of the AUBURN RESPITE PROGRAM' s 14 insurance and shall not contribute with it 15 2) Any failure to comply with reporting provisions 16 of the policy shall not affect coverage 17 provided to the CITY, its officials, employees 18 or agents 19 3 ) Coverage shall state that the AUBURN RESPITE 20 PROGRAM' s insurance shall apply separately to 21 each insured against whom claim is bought or 22 suit is brought except with respect to the 23 limits to the insurer ' s liability 24 25 26 Agreement-The Auburn Respite Program 1998 Exhibit"A"Resolution No.2951 April 21, 1998 (a\agree\respite] Page 8 1 4) Each insurance policy required by this clause 2 shall be endorsed to state that coverage shall 3 not be suspended, voided, cancelled, reduced in 4 coverage, or in limits except after thirty (30) 5 days prior written notice by certified mail 6 return receipt requested has been given to the 7 CITY The AUBURN RESPITE PROGRAM agrees to 8 provide copies of the Certificates of Insurance 9 to the CITY at the time that this Agreement 10 11 takes effect 5) The AUBURN RESPITE PROGRAM shall furnish the 12 CITY with Certificates of Insurance and with 13 original endorsements affecting coverage 14 required by this clause The certificate and 15 endorsements for each insurance policy are to 16 be signed by a person authorized by that 17 18 insurer to bind coverage on its behalf The 19 CITY reserves the right to require complete, 20 certified copies of all required insurance 21 policies at any time 22 6) The AUBURN RESPITE PROGRAM shall include all 23 volunteers, employees and agents under its 24 policies or shall furnish separate certificates 25 and endorsements for each All coverages for 26 Agreement-The Auburn Respite Program 1998 Exhibit"A" Resolution No.2951 April 21, 1998 [alagreelrespitc] Page 9 1 volunteers shall be subject to all the 2 requirements stated herein 3 IX NONDISCRIMINATION 4 The AUBURN RESPITE PROGRAM shall not discriminate under 5 any services or programs to which this Agreement may apply 6 directly or through contractual or other arrangements on the 7 8 grounds of race, color, creed, religion, national origin, sex, 9 age, or the presence of any sensory, mental or physical handicap 10 X BOOKS AND RECORDS. 11 The AUBURN RESPITE PROGRAM agrees to maintain separate 12 13 accounts and records in accordance with State Auditor' s 14 procedures, including personnel, property, financial and 15 programmatic records which sufficiently reflect direct and 16 indirect costs and services performed under this Agreement 17 The AUBURN RESPITE PROGRAM agrees to maintain all books and 18 records relating to this Agreement for a period of three (3) 19 years following the date that this Agreement is expired or 20 otherwise terminated The parties agree that the CITY OF 21 AUBURN may inspect such documents upon good cause at any 22 reasonable time within the three (3) year period 23 XI TERMINATION OF AGREEMENT. 24 This Agreement may be terminated by either party upon ten 25 (10) days written notice should the other party fail 26 Agreement-The Auburn Respite Program 1998 Exhibit"A"Resolution No 2951 April 21, 1998 [a\agree\respite] Page 10 1 substantially to perform in accordance with its terms through 2 no fault of the other 3 A GENERAL PROVISIONS . 4 1) The AUBURN RESPITE PROGRAM. agrees to submit a 5 report to the CITY no later than December 15, 6 1998 , describing the progress and activities 7 performed for the year 1998 under its scope of 8 services 9 2) This Agreement shall be governed by the laws, 10 regulations and ordinances of the City of 11 Auburn, the State of Washington, and County of 12 King and where applicable, Federal laws 13 3) The CITY and the AUBURN RESPITE PROGRAM 14 respectively bind themselves, their successors, 15 volunteers, assigns and legal representatives 16 to the other party to this Agreement and with 17 respect to all covenants to this Agreement 18 4) This Agreement represents the entire and 19 integrated Agreement between the CITY and the 20 AUBURN RESPITE PROGRAM and supersedes all prior 21 negotiations This Agreement may be amended 22 only by written instrument signed by both the 23 CITY and the AUBURN RESPITE PROGRAM 24 25 26 Agreement-The Auburn Respite Program 1998 Exhibit"A" Resolution No. 2951 April 21, 1998 [a\agree\respite] Page 11 1 5) Should it become necessary to enforce any term 2 or obligation of this Agreement, then all costs 3 of enforcement including attorneys fees and 4 expenses and court costs shall be paid to the 5 substantially prevailing party 6 6) The AUBURN RESPITE PROGRAM agrees to comply 7 with all local, state and federal laws 8 applicable to its performance under this 9 Agreement 10 CITY OF AUBURN 11 12 13 Qtttilics . 14 CHARLES A BOOTH 15 MAYOR 16 ATTEST 17 18 / Atc::1Yd kdK -� 19 Danielle E Daskam, City Clerk 20 21 ROVED AS TO FORM 23 J , 24 Michael J Reynolds, City Attorney 25 26 Agreement The Auburn Respite Program 1998 Exhibit"A" Resolution No.2951 April 21. 1998 [a\agree\respite] Page 12 1 THE AUBURN RESPITE PROGRAM 2 3 4 BY 41jj gt4Ll° 5 6 TITLE b..'t/K(L' ,,271_ 7 8 9 STATE OF WASHINGTON ) 10 ) ss COUNTY OF KING 11 On this X21.51' day of M&) , 1998 , before 12 me, the undersigned, a Notary Public in and for the State of 13 Washington, personally appeared 91e4'/A f R,, k,e 4-TZ to me known to be the Executive Director of THE AUBURN RESPITE 14 PROGRAM, the non-profit corporation that executed the within 15 and foregoing instrument, and acknowledged said instrument to 16 be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein mentioned, and 17 on oath stated that he/she is authorized to execute said 18 instrument on behalf of said non-profit corporation 19 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth 20 _BEY Z.,at: ))) 22 Qr'aN�0 4oy VQttt T1 A c ¢ ;!- le(C25or. 0- e,,t�,t� NOTARY PUBLrC in and for the State of 23 ,0n *-sr•+171, tni Washington, residing in Preece co. 1y 11/B ro 01 MY COMMISSION expires 0W 30 01 24 tltt 4a C cuot 25 14'014SHIt4 26 Agreement The Auburn Respite Program 1998 Exhibit A Resolution No. 2951 April 21, 1998 [a\agree\respite] Page I3 ..GitYet OFFICE OF THE MAYOR CITY ADMINISTRATION C s , . Charles A. Booth, Mayor y� 25 West Main, Auburn, WA 98001 (253)931-3041 Fax: (253)288-3132 F shingot May 15, 1998 Ms. Sheila Pankratz Auburn Respite Program 0/0 9509 321st Street Court East Eatonville, WA 98328 Dear Ms. Pankratz: On May 4, 1998, the Auburn City Council adopted Resolution No 2951 authorizing an Agreement for Services with Auburn Respite Program for 1998. Enclosed is a copy of Resolution No. 2951 and duplicate originals of the Agreement. The Agreements have been executed by the City and now require the notarized signature of the appropriate official from Auburn Respite. Please also initial the address correction on page 1 of the Agreement. Please return one fully executed original Agreement to the Auburn City Clerk, 25 West Main Street, Auburn, WA, 98001 Please also note the insurance requirements under Article VIII of the Agreement and transmit the appropriate certificate of insurance to the Auburn City Clerk as soon as possible. If you have any questions, please contact Senior Planner Al Hicks at (253)931-3002. Sincerely, r, �iaCclk1�+1 ! cc. Charles A. Booth Mayor CAB:dd Enclosures cc: Al Hicks, Senior Planner AUG-18-98 01 32PM FROM-SPRENGER INSURANCE +253931816T T-001 P 02/02 F-124 . CERTIFICATE OF LIABILITY INSURANCE ca"aserryI alma PAOwDeA 11115 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE CEROFICATE S 0 AUBURN INWAY NORTHS HOLDER.AND COMB NO CERTIFICATE RIGHTS NOT AMEND, EXTEND OR 7� AUBURN WAY NORTH ALTER THE COVERAGE AFFORDED BY THE PoicEs RELoW. AUBURN, WA. 9BD02 INSURERS AFFORDING COVERAGE IWC vrsuRFA.WESTERN WORLD INSURANCE COMPANY AUBURN RESPITE PROGRAM 576 12111 STREET S.E. ' AT,e: t AUBURN, WA. 55002 INSURER c INSOXFI D: i n¢scn c COVERAGES THE POLICIES OF INSURANCE uSTED BELCw nAV£BE£A Issue)TO TnE INSURED NAMED ABavE FOR TnE POLICY PEFOOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERN OR COND(ION OF ANY CQNTNACT OR DINER DOCUMENT MTH RESPECT TO WnICn THIS CERTIRCATE MAY 81 ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED nEREIN IS SU9+ECT TC Au.TIE TERMS. EXCLUSIONS MD CONDRICAa OF SLICK MUMS. AGGREGATE LMns SnIOAN MAY HAVE BEEN REDUCED ay PAID CLANS T in'nPM OP amwuT¢ PGLICr MAIM OA. .. . GARS A GENERAL uABasry NOL 47892 DWI RAM DSnt'% I EACH CCCuRRSICE I i 1.01M,000 © cousanAL.as eFul LABILITY FRE DAMAGE Dm a.AM I s EXCLUDES) X cams=DE i occ n I CD co 0M,.au arw i EXCLUDED • r&co rsI.a ADV:Atm. a EXCLUDED _ OFIEVAL AG3FGA1E S 2/%000 OENL ABGSECATE LNR APPS Fa PRDDucis cawroP ADD s EXCLUDED X Pte, n7: 7LOC AtRWIDWM UA$ARY ZOWINED SINGLE LW 1 II ANT AUTO Fs KCMGs') AL mom AUTOS scow smAMY SCHEDULED AUTOS {Ps?wrpn) i HMO ARCS NGNCYtED AUtOS Pa L'claATa DAMAGE UADGITY AUTO GAILY EA ACCIDENT I ANY ADTD MEN TIAN EA ACC I AuTo ohm Asa s ECESS IAOILLT7 ma,OcnANDICE s 7 OCCUR ❑GAMS MAGI AAe.APCATE s i 1 DEfJCTBLE A 1 osiNTDN i s vomout tmIFlWW1CN AHD f., itCHYSItirtk I 1 ER UNNENXRE LLABINY 6L EACH ACCIDENT s EL.DOUSE EA D.IPIOYEE S I EL.=EASE POLICY WR s A Q1= PROFESSIONAL NOL 47592 I 05n& a 05na*9 PER CLAW $1,000,000 LIABILITY 1 AGGREGATE 62.DO,Do I I DESCRYTnhr Of OPCNATTDHS4G1u7ERSNE1 C415ATND ADO®OT olocsonawrnsiscus MOVCI0115 ADULT DAY CARE FACILRYIRESPRE CARE CERTIFICATE HOLDER I I ADDmoua Hamm:LASUMaa UR=EA: CANCELLATION CITY OF AUBURN zoo=an OF PIE WIVE DESCRIWO POLICES DE CANCELLED DUFOXE THE sswtATIOA CITY PLANNINGICITY CLERK OATS TtraiEOP TIM came nausea Pros mama TO MAC 70 OATS WRITTOI *Tot AL NICK54)ANNI DASILAY NOT TO THE CEATIRLaTM NOLANI lAWM1 TO THE LEFT.HUT PAMMI To Oo m;HALL 25 W. MAIN DIPOSM AO 06u0A cA as Warn • ANY HWD UPON TIE�aIFUaP& ITS WPM OR AUBURN, WA. Swot ADTIalOIID MFFRESEMTAme r—yr :de // •e`- 9 s� *CORD 254 (7At7) v G ACORD CORPORATION Ma Oty op CHARLES A. BOOTH,MAYOR Ll"1 AUBURN CITY CLERK Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001 Cathy Richardson, Deputy City Clerk 11�� 1l City Clerk.(253)931-3039 Tamie Bothell,Records/License Clerk }Business Registration:(253)931-3007 Fax:(253)288-3132 nng STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2951 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2951 " I certify that said Resolution No. 2951 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 4th day of May, 1998. Witness my hand and the seal of the City of Auburn this 18th day of November, 1998. ' Danielle Daskam, City Clerk City of Auburn