HomeMy WebLinkAbout-GF13-1404 Auburn Youth Resources for ACAP Childcare CITY OF AUBURN -AGREEMENT FOR SERVICES
THIS two-year AGREEMENT made and entered into this day of
oy, 1` 2013, by and between the CITY OF AUBURN, a municipal corporation
of the State of Washington, hereafter referred to as "CITY", and AUBURN YOUTH
RESOURCES which is located at 816 F Street SE, Auburn, Washington 98002, 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 services that assist Auburn youth and
WHEREAS, the CITY is interested in continuing support of Agency, 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:
I. PURPOSE
The purpose of this Agreement is to provide for an appropriation to the AGENCY for
providing services as set forth in the Exhibits, and incorporated herein by this reference as if
fully set forth, to Auburn residents during the 2013-2014 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 the Exhibits, which may include development of new resources, to low income
Auburn residents. Services to be provided are set forth in the Exhibits 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, of said contact year.
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City of Auburn Agreement: GF-13/1404,Auburn Youth Resources—ACAP Childcare
January 1, 2013
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III. TERM
The term of this Agreement shall commence on January 1, 2013 and shall expire on
December 31, 2014. Provided that if the Auburn City Council does not appropriate sufficient
funding for the 2014 calendar year this Agreement shall terminate on December 31, 2013.
IV. PERFORMANCE REPORTS AND COMPENSATION
A. The AGENCY shall provide reports to the City within 15 days of the close of each
calendar quarter. Reporting requirements are outlined in the Exhibits, the format and contents
are set forth in the Exhibits to this Agreement, which are incorporated herein by this reference.
B. As full and total payment for the services provided under this Agreement, the CITY
agrees to pay the AGENCY the total amount of $20,000 per contracted Vear, as set forth
in the Exhibits. The 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.
V. 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
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City of Auburn Agreement: GF-13/1404,Auburn Youth Resources—ACAP Childcare
January 1, 2013
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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.
VI. INDEPENDENT CONTRACTOR/ASSIGNMENT
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.
VII. 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 the Exhibits 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
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City of Auburn Agreement: GF-13/1404,Auburn Youth Resources—ACAP Childcare
January 1, 2013
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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:
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.
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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.
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City of Auburn Agreement: GF-13/1404,Auburn Youth Resources—ACAP Childcare
January 1, 2013
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(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 coverage for
volunteers shall be subject to all the requirements stated herein.
VIII. 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.
IX. 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.
X. TERMINATION OF AGREEMENT
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.
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City of Auburn Agreement: GF-13/1404,Auburn Youth Resources—ACAP Childcare
January 1, 2013
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XI. GENERAL PROVISIONS
A. The AGENCY agrees to submit a report to the CITY no later than the last
quarterly invoice date, describing the progress and activities performed for the
previous year's scope of services.
B. 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.
D. 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 attorney's fees and expenses and court
costs shall be paid to the substantially prevailing party.
F. The AGENCY agrees to comply with all local, state and federal laws applicable to
its performance under this Agreement.
G. Agency agrees to conduct its activity(ies) in such a manner as to coincide with
the goals identified in the attached Memorandum of Understanding. The Agency
understands that the performance indicators established in the Memorandum will
be used by the City as a measurement tool in determining if the goals have been
achieved.
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City of Auburn Agreement: GF-13/1404,Auburn Youth Resources—ACAP Childcare
January 1, 2013
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A
PETER B. LEWIS
MAYOR
ATTEST:
k&c>
Danielle E. Daskam,
City Clerk
APPRO
7 ED O FORM:
Da lel B. Heid,
City Attorney
AUBURN YOUTH RESOURCES -ACAP
BY: v
PRINT:
TITLE:
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City of Auburn Agreement: GF-13/1404,Auburn Youth Resources—ACAP Childcare
January 1, 2013
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EXHIBIT A
CITY OF AUBURN
2013-2014 HUMAN SERVICES AGREEMENT
SCOPE OF SERVICES
Agency/ Program: Auburn Youth Resources ACAP Childcare
Location / Mailing: Site Address: Mailing Address:
100 N Street SE 816 F Street SE
Auburn, WA 98002 Auburn, WA 98002
Annual Funding: 2013: $20,000 2014: $20,000
Agency Contact/Title: Shelley Hall Program Director
Phone / Email: 253 833-3470 shelle ha a r4kids.or
Fax:
City Contact/Title: Kirsten Reynolds Human Services Specialist
Phone/ Email: 253 876-1964 kreynolds@auburnwa.gov
Fax: 253 931-3053
Location / Mailing: Site Address: Mailing Address:
Auburn City Hall Annex Auburn City Hall
1 Main Street 25 West Main Street
Auburn, WA 98002 Auburn, WA 98001
1) Project Summary:
Agency shall utilize City of Auburn funds to provide ACAP program services that include early childcare
services (0-3), Head Start preschool services (3-6) and a special needs childcare program (0-6). Focusing
on enriching early childhood development. Such services shall be provided in a manner which fully
complies with all applicable federal, state and local laws, statutes, rules and regulation. Agency shall
ensure that City of Auburn residents are being provided services using awarded Human Services funds
under this Agreement.
2) Performance Measures:
a. Number Served -the Agency agrees to serve, at minimum, the following unduplicated number of
Auburn residents with awarded Human Services funds.
Number Served Annual 1st Qtr. 2nd Qtr. 3m Qtr. 4th Qtr.
Goal JAN—MARCH APRIL-JUNE JULY—SEPT OCT—DEC
Number of unduplicated Auburn residents
assisted in 2013 60 15 15 15 15
Number of unduplicated Auburn residents
assisted in 2014 60 15 15 15 15
b. Service Units -the Agency agrees to provide, at minimum, the following service units by quarter.
Service Units Annual 1st Qtr. 2nd Qtr. 3rd Qtr. 4th Qtr.
Goal JAN—MARCH APRIL-JUNE JULY—SEPT OCT—DEC
1.Child Care offered in 2013 60
2.Other Service offered in 2013 55
1. Child Care offered in 2014 60
2.Other Service offered in 2014 55
Definition of Service Units: Other= Improved ability to meet development milestones.
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SCOPE OF SERVICES
CONTINUED
3) Outcome(s):
Improved ability to meet developmental milestones.
4) Reporting Requirements:
All data and required forms shall be submitted online through Share1App (except special circumstances
preapproved by city staff) at http://sharel app.culturegrants.org/index/login. Required forms shall be
submitted annually and quarterly; quarterly reports are due no later than the 15th of the month following the
end of each quarter(i.e. April 15th, July 15th, October 15th, January 15th)
Service Unit Report(required quarterly): Submitted in Sharel App, data from this form will be used to track
each program's progress toward meeting the goals stipulated in the Scope of Services.
Reimbursement Request(required quarterly): Submitted in Sharel App, this form will serve as the invoicing
mechanism for payment to your agency/program. Reimbursement Requests need to be signed and
returned to the City of Auburn staff contact as listed in section five (5) of this Scope of Services.
Demographic Data Report (required annually): The agency shall collect and retain data requested on this
form from persons served through this Agreement. Data should be tracked in an ongoing manner and
submitted annually in Share1App (by January 15th)
Annual Outcome Data Report(required quarterly): Data should demonstrate the program's progress toward
Outcomes specified in the Scope of Services. Outcome data shall be submitted in Share1App annually (by
January 15th)
5) Compensation:
The Agency agrees that it will meet the specific funding conditions identified and acknowledges that
payment to the Agency will not be made unless the funding conditions are met. Expenses must be
incurred prior to submission of quarterly reimbursement requests. Quarterly reimbursement requests shall
not exceed the estimated payment without prior written approval from the City. Estimated quarterly
payments are contingent upon meeting or exceeding the above performance measure(s) for the
corresponding quarter. This requirement may be waived at the sole discretion of the City with satisfactory
explanation of how the performance measure will be met by year-end in the Service Unit Report.
The Agency shall submit Reimbursement Requests in the format requested by the City. Reimbursement
Requests need to be signed and returned to City of Auburn via email at kreynolds(a-),auburnwa.gov
or mail to:
City of Auburn
Attn: Kirsten Reynolds
25 West Main Street
Auburn, WA 98001
Estimated Quarterly Pay ments:
2013 $20,000 2014 $20,000
1St Qtr $5,000 1St Qtr $5,000
2nd Qtr $5,000 2n Qtr $5,000
P Qtr $5,000 3rd Qtr $5,000
4" Qtr $5,000 4 th Qtr $5,000
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CITY OF AUBURN - MEMORANDUM OF UNDERSTANDING
This two-year Memorandum of Understanding is an addendum to the agreement for
services between the City of Auburn nd Auburn Youth Resources, the original of which was
executed on the day of i , 2013. All other terms and conditions of the
agreement for services shall remain in f II force and effect except as specifically amended by
this Memorandum of Understanding.
I. It is the goal of the City of Auburn to improve the living conditions of all Auburn
residents.
II. The grant funds provided to the Agency during the 2013-2014 year are provided with
the objective of achieving the results established by the City Council in the areas
of Abused and Neglected Children, Victims of Domestic and Sexual Assault,
Poverty Reduction, Substance Abuse and Health Fitness.
III. Agencies receiving funding from the City of Auburn agree to participate in the
conceptual development of the One Stop Center and to collaborate with other
agencies concerning the delivery of services to clients when the Center is
operational. The nature and extent of the collaboration to be determined when
the One Stop Center is operational.
IV. The City of Auburn will utilize the following performance measures in evaluating
the effectiveness of reaching this goal.
Abused and Neglected Children: The City of Auburn will fund human service providers
that increase supportive services to children who are neglected and abused, specifically the
number of children who are victims of on-going and repeated neglect and abuse, within the
city of Auburn by 15% over the next two (2) years.
Victims of Domestic and Sexual Assault: The City of Auburn will fund human service
providers that increase the number of Auburn residents, who are victims of domestic
violence, that make the transition to a safe environment and self-determining lifestyle by
15% within the next two (2) years.
Poverty Reduction: The City of Auburn will fund human service providers who increase
the number of Auburn residents no longer living in poverty by 15% within the next two (2)
years.
Substance Abuse: The City of Auburn will fund human service providers to develop
strategies that increase the successful completion of treatment programs by Auburn
residents who have serious behavioral and health problems due to substance abuse and
chemical dependency by 15% within a two (2) year period.
Physically and Mentally Fit: The City of Auburn will fund human service providers that
increase the availability, accessibility and use of health care to its low income residents by
15% within a two (2) year period.
City of Auburn Agreement: GF-13/1404,Auburn Youth Resources—ACAP Childcare
January 1, 2013
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Y N
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPR ED AS TO FORM:
i
D ieI B. Heid,
City Attorney _
AUBURN YOUTH RESOURCES -ACAP
BY:
PRINT: /.::.7 G�
TITLE: e (A!
City of Auburn Agreement: GF-13/1404,Auburn Youth Resources—ACAP Childcare
January 1, 2013
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