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HomeMy WebLinkAbout2962 1 RESOLUTION NO 2 9 6 2 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AMENDING RESOLUTION 2944 APPROVED BY THE COUNCIL ON MAY 4 , 1998 WHICH AUTHORIZED THE MAYOR AND CITY CLERK TO 4 EXECUTE AN AGREEMENT WITH CHILDREN'S HOME SOCIETY TO PROVIDE 5 CHILD CARE SERVICES IN ORDER TO AMEND SECTION 1, "AGREEMENT" OF RESOLUTION NO 2944 TO CORRECT AND CLARIFY SECTION 1 6 "AGREEMENT" BY CLARIFYING THAT PROGRAM SERVICES WILL BE PROVIDED TO AUBURN RESIDENTS RATHER THAN JUST THOSE WHO PARTICIPATE IN THE FAMILIES FIRST PROGRAM 7 8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT 10 SECTION 1 . CORRECTION AND CLARIFICATION: AMENDMENT TO 11 RESOLUTION NO. 2944 . The agreement with Children' s Home 12 13 Society authorized for execution by the Mayor and City Clerk 14 in Resolution 2944 is to provide child care services to Auburn 15 residents for 1998 utilizing Children' s Home Society programs 16 The agreement does not require the child care services be 17 provided through the Families First Program Thus, Section 1, 18 "AGREEMENT" of Resolution 2944 , approved by the City Council 19 May 4 , 1998 is amended to read as follows 20 21 22 23 24 25 26 Resolution No 2962 May 13, 1998 Page 1 1 The Mayor and City Clerk of the City of Auburn 2 are herewith authorized to execute an Agreement 3 ( (for) ) with CHILDREN' S HOME SOCIETY ( (Ccrvicca 4 for) ) to provide child care services ( ( ettEih—t-Ite 5 Familico First--Program) ) to Auburn residents for 6 7 1998 ( (with) ) utilizing CHILDREN' S HOME SOCIETY 8 programs A copy of said Agreement is attached 9 hereto and denominated Exhibit "A" and incorporated 10 herein 11 12 SECTION 2 . AUTHORIZATION. The Mayor is hereby 13 authorized to implement such administrative procedures as may 14 be necessary to carry out the directives of this legislation 15 DATED and SIGNED this 18th day of May, 1998 16 CITY OF AUBURN 17 18 a ''�""� 19 � 1 Vd I cvll,�s � �� 20 CHARLES A BOOTH MAYOR 21 22 23 24 25 26 Resolution No 2962 May 13, 1998 Page 2 1 2 ATTEST 3 4 / 1/ 5 Danielle E Daskam, City Clerk 6 7 APPROVED AS TO FORM 8 /1 10 Michael J Reynolds, � /e, ate( y 11 City Attorney Y/° j 12 1/ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2962 May 13, 1998 Page 3 1 AGREEMENT FOR SERVICES 2 3 THIS AGREEMENT made and entered into this /13 ✓� day of 4 C ' r�1 , 1998, by and between the CITY OF AUBURN, a 5 municipal corporation of the State of Washington, hereafter 6 referred to as "CITY", and CHILDREN' S HOME SOCIETY, a non- 7 profit corporation organized under the laws of the State of 8 Washington, whose address is P O Box 1998, Auburn, Washington 9 98071, hereinafter referred to as "CHILDREN' S HOME SOCIETY" 10 WHEREAS, CHILDREN' S HOME SOCIETY provides a valuable 11 service to the CITY and its residents through its Child Care 12 and Family Advocate programs; and 13 WHEREAS, the CITY is interested in continuing support of 14 the CHILDREN' S HOME SOCIETY' s Day Care and Family Advocate 15 programs 16 NOW, THEREFORE, In consideration of the covenants and 17 conditions of this Agreement, the parties agree as follows 18 I PURPOSE. 19 20 The purpose of this Agreement is to provide for an 21 appropriation to CHILDREN' S HOME SOCIETY' S Auburn Branch to 22 provide childcare to Auburn residents participating in 23 CHILDREN' S HOME SOCIETY programs during the 1998 term and to 24 25 26 Agreement - Children's Home Society 1998 Exhibit 'A Resolution No 2944 April 20, 1998 (a\agree\chs98) Page 1 1 2 assist CHILDREN' S HOME SOCIETY to provide a Family Advocate to 3 deliver services to families at the Auburn Family Resource 4 Center during the 1998 term This continued support is in 5 recognition of the fact that the demand for the services 6 delivered by the CHILDREN' S HOME SOCIETY at its south King County facilities continues to rise 8 II. SCOPE OF SERVICES. 9 A The parties agree and understand that CHILDREN' S 10 HOME SOCIETY agrees to provide child care services to Auburn 11 residents utilizing CHILDREN' S HOME SOCIETY Programs Child 12 care services shall include but are not limited to those 13 services described as follows 14 1) Child Development staff who provide on-site child 15 care at the Auburn Center and supervise child care 16 volunteers 17 2) Care for infants and toddlers which offers 18 opportunities for children to grow and develop and 19 assists parents in improving their skills in caring 20 for and nurturing their children 21 3) Prevention of child abuse and neglect by giving 22 parents and children a time out from each other when 23 24 25 26 Agreement - Children's Home Society 1998 Exhibit 'A Resolution No 2944 April 20, 1998 fa\agree\chs981 Page 2 1 the parent is out of control, angry or upset, or 2 overwhelmed by the responsibilities of parenthood 3 B The parties agree and understand that CHILDREN' S 4 HOME SOCIETY agrees to provide center based family advocate 5 services to Auburn residents Center based Family Advocate 6 services shall include but are not limited to those services 7 described as follows 8 1) A Family Advocate, located at a site designated as a 9 Family Resource Center, who assists families to 10 obtain needed resources and provides families with 11 information on Center activities 12 2) Coordination of Family Resource Center classes and 13 activities 14 3) In addition, CHILDREN' S HOME SOCIETY agrees to work 15 closely with the CITY OF AUBURN in developing and improving 16 other ways to address the needs of Auburn families served 17 through CHILDREN' S HOME SOCIETY' s south King County Branch 18 19 III STATUS REPORT 20 CHILDREN' S HOME SOCIETY shall develop and provide to the 21 City within 60 days after the completion of the 1998 calendar 22 year a status report containing a program evaluation component 23 commonly referred to as the "Logic Model" which will show the 24 25 26 Agreement - Children's Home Society 1998 Exhibit "A" Resolution No 2944 April 20 1998 fa\agree\chs981 Page 3 1 intended linkages between the activities conducted and the 2 changes the activities will produce 3 A The components of the evaluation will 4 5 1) Identify both process and outcome portions of 6 services provided by Children ' s Home Society at its Auburn facility as established by this agreement; 8 2) show the relationship of program resources and 9 activities to the expected results or outcomes 10 3) Help identify those questions the evaluation is to 11 answer 12 4) Provide a graphic summary of how program parts 13 relate to the whole 14 5) Make explicit the underlying theory of the program 15 and 16 6) Identify measurable categories in the program 17 evaluation 18 B CHILDREN' S HOME SOCIETY shall develop the following 19 status report components within the time frames 20 established below 21 1) 2nd Quarter 1998 Year 22 a) The outcome based results CHILDREN' S HOME SOCIETY 23 expects to achieve; 24 25 26 Agreement - Children's Home Society 1998 Exhibit "A Resolution No 2944 April 20, 1998 (a\agree\chs981 Page 4 1 b) An indicator to inform CHILDREN' S HOME SOCIETY 2 that the anticipated change has or has not 3 occurred; 4 c) The method for gathering information needed to 5 indicate the outcomes that have occurred; 6 2) 3rd Quarter 1998 Year 7 a) Initial Collection and assessment of the 8 information acquired to include 9 alterations in the anticipated outcomes or 10 alteration in the methodology of information 11 gathering 12 3) 4`h Quarter 1998 13 a) Information collected; 14 b) Conclusions developed as a result of the 15 information 16 IV. TERM. 17 The term of this Agreement shall commence on January 1, 18 1998 and shall expire on December 31, 1998 19 20 21 22 23 24 25 26 Agreement - Children's Home Society 1998 Exhibit "A" Resolution No 2944 April 20, 1998 [a\agree\chs981 Page 5 1 V COMPENSATION. 2 3 As full and total payment for the services provided under this Agreement, the CITY agrees to pay CHILDREN' S HOME SOCIETY 4 the total amount of THIRTY THOUSAND DOLLARS ($30, 000) 5 CHILDREN' S HOME SOCIETY will submit a statement to the CITY 6 7 quarterly describing services that it has rendered under the 8 terms of this Agreement and the CITY will pay an amount equal g to one-quarter of the total amount by the twenty-eighth (28th) 10 day of the month following the end of the quarter However, 11 the final statement of services rendered will be submitted on 12 or before December 15, 1998 13 VI. INDEMNIFICATION. 14 CHILDREN' S HOME SOCIETY agrees to defend, indemnify, and 15 hold harmless the CITY, its elected and appointed officials, 16 employees and agents from and against any and all claims, 17 demands and/or causes of action of any kind or character 18 whatsoever arising out of or relating to services provided by 19 CHILDREN' S HOME SOCIETY, its employees, volunteers or agents 20 concerning any and all claims by any persons for alleged 21 injury or damage to persons or property to the extent caused 22 by the negligent acts, errors or omissions of CHILDREN' S HOME 23 SOCIETY, its employees, volunteers or agents or 24 25 26 Agreement - Children s Home Society 1998 Exhibit 'A Resolution No 2944 April 20, 1998 (a\agree\chs981 Page 6 1 representatives In the event that any suit or claim for 2 damages based upon such claim, action, loss or damage is 3 brought against the CITY, CHILDREN' S HOME SOCIETY shall defend 4 the same as its sole costs and expense; provided that the CITY 5 retains the right to participate in said suit if any principle 6 of governmental or public law is involved; and if final 7 judgment be rendered against the CITY and/or its officers, 8 elected officials, agents and employees or any of them or 9 jointly against the CITY and CHILDREN' S HOME SOCIETY and their 10 respective officers, agents, volunteers, employees or any of 11 them, CHILDREN' S HOME SOCIETY shall fully satisfy the same and 12 shall reimburse the CITY any costs and expense which the CITY 13 has incurred as a result of such claim or suit The 14 provisions of this section shall survive the expiration or 15 termination of this Agreement 16 VII. INDEPENDENT CONTRACTOR/ASSIGNMENT. 17 18 The parties agree and understand that CHILDREN' S HOME 19 SOCIETY is an independent contractor and not the agent or 20 employee of the CITY and that no liability shall attach to the 21 CITY by reason of entering into this Agreement except as 22 provided herein The services required under this Agreement 23 24 25 26 Agreement - Children s Home Society 1998 Exhibit 'A Resolution No 2944 April 20, 1998 {a\agree\chs98) Page 7 1 may not be assigned or subcontracted by CHILDREN' S HOME 2 SOCIETY without the prior written consent of the CITY 3 VIII INSURANCE. 4 CHILDREN' S HOME SOCIETY shall procure and maintain for 5 the duration of this Agreement insurance against claims for 6 injuries to persons or property which may arise from or in 7 connection with services provided by CHILDREN' S HOME SOCIETY, 8 it agents, employees or volunteers under this Agreement 9 CHILDREN' S HOME SOCIETY agrees to provide comprehensive 10 general liability insurance and shall maintain liability 11 limits of not less than ONE MILLION DOLLARS ($1, 000 , 000) 12 combined single limit coverage per occurrence for bodily 13 injury, personal injury and property damage CHILDREN' S HOME 14 SOCIETY shall also provide and maintain professional liability 15 coverage including errors and omissions coverage in the 16 minimum liability amount of ONE MILLION DOLLARS ($1, 000 , 000) 17 combined single limit per occurrence for bodily injury, 18 personal injury and property damage Any deductibles or self 19 insured retentions in either policies must be declared to and 20 21 approved by the CITY At the option of the CITY either The 22 insurer shall reduce or eliminate such deductibles or self 23 insured retentions as respects the CITY, its officials and 24 25 26 - Agreement - Children's Home Society 1998 Exhibit "A" Resolution No 2944 April 20, 1998 (a\agree\chs98] Page 8 1 employees; or, CHILDREN' S HOME SOCIETY shall procure a bond 2 guaranteeing payment of losses and related investigations, 3 claim administration and defense expenses The policies are 4 to contain or be endorsed to contain the following provisions 5 A GENERAL LIABILITY COVERAGE. 6 1) The CITY, its elected and appointed officials, 7 employees and agents are to be covered as insureds 8 as respects Liability arising out of services and 9 activities performed by or on behalf of CHILDREN' S 10 HOME SOCIETY, its employees, agents and volunteers 11 The coverage shall contain no special limitations on 12 the scope of protection afforded to the CITY, its 13 elected and appointed officials, employees or 14 agents 15 B GENERAL LIABILITY AND PROFESSIONAL LIABILITY 16 COVERAGES: 17 1) CHILDREN' S HOME SOCIETY' S insurance coverage 18 shall be primary insurance as respects the 19 CITY, its officials, employees and agents Any 20 insurance or self insurance maintained by the 21 CITY, its officials, employees or agents shall 22 23 24 25 26 Agreement - Children's Home Society 1998 Exhibit 'A Resolution No 2944 April 20, 1998 [a\agree\chs98) Page 9 1 be in excess of CHILDREN' S HOME SOCIETY' S 2 insurance and shall not contribute with it 3 2) Any failure to comply with reporting provisions 4 of the policy shall not affect coverage 5 provided to the CITY, its officials, employees 6 or agents 8 3) Coverage shall state that CHILDREN' S HOME 9 SOCIETY' S insurance shall apply separately to 10 each insured against whom claim is bought or 11 suit is brought except with respect to the 12 limits to the insurer ' s liability 13 4) Each insurance policy required by this clause 14 shall be endorsed to state that coverage shall 15 not be suspended, voided, cancelled, reduced in 16 coverage, or in limits except after thirty (30) 17 days prior written notice by certified mail 18 return receipt requested has been given to the 19 CITY CHILDREN' S HOME SOCIETY agrees to 20 provide copies of the Certificates of Insurance 21 to the CITY at the time that this Agreement 22 takes effect 23 24 25 26 Agreement - Children's Home Society 1998 Exhibit "A" Resolution No 2944 April 20, 1998 {a\agree\chs981 Page 10 1 5) CHILDREN' S HOME SOCIETY shall furnish the CITY 2 with Certificates of Insurance and with 3 original endorsements affecting coverage 4 required by this clause The certificate and 5 endorsements for each insurance policy are to 6 be signed by a person authorized by that 7 insurer to bind coverage on its behalf The 8 CITY reserves the right to require complete, 9 certified copies of all required insurance 10 policies at any time 11 6) CHILDREN' S HOME SOCIETY shall include all 12 volunteers, employees and agents under its 13 policies or shall furnish separate certificates 14 15 and endorsements for each All coverages for volunteers shall be subject to all the 16 17 requirements stated herein 18 IX. NONDISCRIMINATION 19 CHILDREN' S HOME SOCIETY shall not discriminate under any 20 services or programs to which this Agreement may apply 21 directly or through contractual or other arrangements on the 22 grounds of race, color, creed, religion, national origin, sex, 23 24 25 26 Agreement - Children's Home Society 1998 Exhibit "A" Resolution No 2944 April 20 1998 {a\agree\chs981 Page 11 1 2 age, or the presence of any sensory, mental or physical handicap 3 X. BOOKS AND RECORDS. 4 CHILDREN' S HOME SOCIETY agrees to maintain separate 5 accounts and records in accordance with State Auditor' s 6 procedures, including personnel, property, financial and 7 programmatic records which sufficiently reflect direct and 8 indirect costs and services performed under this Agreement 9 10 CHILDREN' S HOME SOCIETY agrees to maintain all books and 11 records relating to this Agreement for a period of three (3) 12 years following the date that this Agreement is expired or 13 otherwise terminated The parties agree that the CITY OF 14 AUBURN may inspect such documents upon good cause at any 15 reasonable time within the three (3) year period 16 XI . TERMINATION OF AGREEMENT. 17 This Agreement may be terminated by either party upon ten 18 (10) days written notice should the other party fail 19 substantially to perform in accordance with its terms through 20 no fault of the other 21 XII. GENERAL PROVISIONS. 22 A CHILDREN' S HOME SOCIETY agrees to submit a 23 report to the CITY no later than December 15, 24 25 26 Agreement - Children's Home Society 1998 Exhibit 'A" Resolution No 2944 April 20, 1998 (a\agree\chs98) Page 12 1 1998, describing the progress and activities 2 performed for the year 1998 under its scope of 3 services 4 B This Agreement shall be governed by the laws, 5 6 regulations and ordinances of the City of Auburn, the State of Washington, and County of 7 8 King and where applicable, Federal laws C The CITY and CHILDREN' S HOME SOCIETY 9 10 respectively bind themselves , their successors, 11 volunteers, assigns and legal representatives 12 to the other party to this Agreement and with 13 respect to all covenants to this Agreement 14 D This Agreement represents the entire and 15 integrated Agreement between the CITY and 16 CHILDREN' S HOME SOCIETY and supersedes all 17 prior negotiations This Agreement may be 18 amended only by written instrument signed by 19 both the CITY and CHILDREN' S HOME SOCIETY 20 E Should it become necessary to enforce any term 21 or obligation of this Agreement, then all costs 22 of enforcement including attorneys fees and 23 24 25 26 Agreement - Children s Home Society 1998 Exhibit 'A" Resolution No 2944 April 20, 1998 (a\agree\chs981 Page 13 1 expenses and court costs shall be paid to the 2 substantially prevailing party 3 F CHILDREN' S HOME SOCIETY agrees to comply with 4 all local, state and federal laws applicable to 5 its performance under this Agreement 6 7 CITY OF AUBURN 10 CHARLES A BOOTH 11 MAYOR 12 ATTEST 13 \ 14 ii I t 15 Danielle E Daskam, 16 City Clerk 17 18 APPROVED AS TO FORM 19 r 20 �r'"er g 21 Michael J Reynolds, 22 City Attorney 23 24 25 26 Agreement - Children s Home Society 1998 Exhibit 'A" Resolution No 2944 April 20, 1998 la\agree\chs98) Page 14 2 CHILDREN'S HOME SOCIETY 3 4 BY W J/ v C- 711-46. 5 6 TITLE _ Acting President/CEO 7 8 9 10 STATE OF WASHINGTON ) ss 11 COUNTY OF KING 12 On this 0?/ 61') day of CLt� , 1998 , before me, the undersigned, a Notary Public / in and for the State of Washington, personally appeared William C . Mahler, pAAresigent 13 to me known to be the Executive Director of CHILDREN' S HOME 14 SOCIETY, the non-profit corporation that executed the within and foregoing instrument, and acknowledged said instrument to 15 be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein mentioned, and 16 on oath stated that he/she is authorized to execute said instrument on behalf of said non-profit corporation 17 IN WITNESS WHEREOF, I have hereunto set my hand and 18 affixed my official seal the date hereinabove set forth 19 accommumv. r e? , .WA;4gF� 20 5,o�,�ss�oa1.plyhh 21 *pN07AAy "'_*%NOTARY PUBLIC in and for t e State of P C • %Washington, residing in v' east UBL1 'zi 22 23 ,1 •x,•,-„,t9 ASH .,:r MY COMMISSION expires e2., 7—a 000 24 25 26 Agreement - Children s Home Society 1998 Exhibit 'A Resolution No 2944 April 20, 1998 la\agree\chs981 Page 15 RECORDS MANAGEMENT ORDINANCE/RESOLUTION DISTRIBUTION ORDINANCE NO• DATE ADOPTED• 57/607 RESOLUTION NO o294d-- EFFECTIVE DATE: RECORDING FILE. CODE BOOK. DEPARTMENT DISTRIBUTION DEPT a%, 1.I .. . y .- „..:.- . .,� `.�CON�TACT;:° �'.. . .. . :9,� DATE, Pic- L1 4c-( 14=;-�r-d/ Aa-/Z-sdhdcl CITIZEN REQUESTS . {NAME ._. r i' 1.,c`:ADDRESS:71; : .. .,. :" DATE F:CLERK\RECORDS1RECFORNI Ot3'or CHARLES A. BOOTH,MAYOR / Aff"'t AUBURN CITY CLERK Danielle Daskam,City Clerk • 25 W'tst Main, Auburn,WA 98001 Cathy Richardson,Deputy City Clerk Cition:ty Clerk:(253)931 3039 Tame Bothell, Records/License Clerk \ ��!!� JBusiness Registra (253)931 3007 Fax (253)288-3132 484 i Ile 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 2962 of the resolutions of the City of Auburn, entitled "RESOLUTION NO.2962." I certify that said Resolution No. 2962 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 18th day of May, 1998. Witness my hand and the seal of the City of Auburn this 20th day of August, 1998. LatD4,41.4)...„— Danielle Daskam, City Clerk City of Auburn •