HomeMy WebLinkAboutThe Auburn Food Bank * * Department of Administration
CITY OF ��T.
UBURN_ Dana Hinman,Acting Director of Administration
25 West Main Street,Auburn,WA 98001
� WASHINGTON phone: 253-931-4009
email: dhinman @auburnwa.gov
Agreement for Human Service Activities
Costing $5,000 per year or less
This Agreement is made effective as of October 1, 2015, by and between THE AUBURN FOOD BANK and
CITY OF AUBURN. In this Agreement,the party who is contracting to receive services shall be referred to
as "CITY", and the party who will be providing the services shall be referred to as "TAFB". The parties
agree as follows:
1. DESCRIPTION OF SERVICES. Beginning on October 1, 2015,TAFB agrees to provide sheltering
services, at temperatures typically in the 30s or less and upon mutual agreement with the CITY,to
residents in need within the City of Auburn. Services will be delivered as per the attached Scope of
Work.
2. PAYMENT. The CITY will pay a fee to TAFB for services provided in the amount of$200 per night for
sheltering services delivered as described in the attached Scope of Work. This fee shall be payable upon
receipt of an invoice from TAFB with appropriate supporting documentation.
3. EXPENSE REIMBURSEMENT. TAFB shall pay all expenses,and shall not be entitled to reimbursement
from the CITY for expenses except those specific services, items or activities that are listed in the Scope
of Work as reimbursable goods or services.
4. TERM/TERMINATION. This Agreement is effective October 1, 2015, and shall remain ongoing unless
either party terminates the Agreement by notifying the other party in writing not less than seven (7)
days of the intent to terminate. If the contract is terminated by TAFB, it remains obligated to submit the
reports provided in the Scope of Work unless no sheltering services were provided by TAFB pursuant to
this Agreement.This provision shall survive, notwithstanding the termination or invalidity of this
Agreement for any reason.
5. RELATIONSHIP OF PARTIES. It is understood by the parties that TAFB is an independent contractor
with respect to the City of Auburn, and not an employee of the CITY. The CITY will not provide fringe
benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the
benefit of TAFB or its employees and volunteers.
6. EMPLOYEES. The provisions of this Agreement shall also bind TAFB employees who perform services
for the CITY under this Agreement.
7. INDEMNIFICATION/HOLD HARMLESS. The City assumes no liability with respect to bodily injury,
illness, accident,theft, or any other damages or losses concerning persons or property that occur on/in
Page 1 of 5
AUBURN * MORE THAN YOU IMAGINED
TAFB's premises and vehicles. TAFB shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts,errors or omissions of TAFB in performance of
this Agreement, except for injuries and damages caused by the sole negligence of the City.The City of
Auburn shall defend, indemnify and hold TAFB, its officers, officials, employees and volunteers harmless
from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or
resulting from the acts, errors or omissions of the City in performance of this Agreement, except for
injuries and damages caused by the sole negligence of TAFB.
8. INSURANCE. TAFB shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by TAFB, its agents, representatives, or employees.
A. Minimum Scope of Insurance: TAFB shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO)form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary,the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury.The City shall be named as an
insured under TAFB Commercial General Liability insurance policy with respect to
the work performed for the City.
3. Workers'Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to TAFB profession.
B. Minimum Amounts of Insurance: TAFB shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence,$2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to
contain,the following provisions for Automobile Liability, Professional Liability and
Commercial General Liability insurance:
1. TAFB insurance coverage shall be primary insurance as respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be
in excess of TAFB insurance and shall not contribute with it.
Page 2 of 5
2. TAFB insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the City.
D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VII.
E. Verification of Coverage: TAFB shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of TAFB before
commencement of the work.
9. ASSIGNMENT. TAFB obligations under this Agreement may not be assigned or transferred to any
other person, firm, or corporation without the prior written consent of the CITY.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be
deemed delivered when delivered in person or deposited in the United States mail, postage prepaid,
addressed as follows:
IF for THE AUBURN FOOD BANK: IF for the CITY:
Debbie Christian Dana Hinman
Executive Director Acting Director of Administration
930 18`" Place NE 25 West Main Street
Auburn, WA 98002 Auburn, WA 98001
Such address may be changed from time to time by either party by providing written notice to the other
in the manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are
no other promises or conditions in any other agreement whether oral or written. This Agreement
supersedes any prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing
and is signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for
any reason,the remaining provisions shall continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would
become valid and enforceable,then such provision shall be deemed to be written,construed, and
enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce
and compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW&COMPLIANCE. This Agreement shall be governed by the laws of the State of
Washington.TAFB shall comply with all applicable laws, ordinances, codes, regulations,and policies of
local, state, and federal governments, as now or hereafter amended, as applicable.
Page 3 of 5
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
The undersigned have read the above statements, understand them, and agree to abide by their terms.
Signed: di, '- Signed:
V
Date: /0-73 -,J94s Date: 1 ti 1.3 ° 15
Address: 930 1g/727,a/7c Address: 2S `,e Maw may.e
e,,, 6 odoz -hi3L4 -4. YA98D01
Phone: 0953 753 fd5 Phone: 2.55 ,c331 3b4(
(GE? c253 3 ,3 V
Page 4 of 5
HUMAN SERVICES AGREEMENT BETWEEN THE
CITY OF AUBURN &THE AUBURN FOOD BANK
Scope of Work
Services to include:
The Auburn Food Bank will provide sheltering services when needed as determined upon
mutual agreement with the City of Auburn. Approximately 15- 20 people access the shelter
when operational and temperatures are generally in the 30s or below; the opportunity provides
residents of Auburn a warm, safe environment that is out of the severe weather which is
typically a combination of cold weather, precipitation or the expectation of precipitation and
various conditional factors such as sustained winds, flooding, etc. The agreement of severe
weather conditions and shelter opening will occur between the City of Auburn (represented by
Dana Hinman) and The Auburn Food Bank (represented by Debbie Christian).
• Recruit volunteers, train them and acknowledge their contribution to the community.
• Comply with applicable health codes, rules and regulations.
• Maintain records of residents served including addresses where applicable.
• Retain the above records for three years and make them available for review upon request
by the City and/or its agents or representatives.
Reporting Requirements:
• With each semi-annual request for reimbursement, TAFB will provide a summary of the
number of people served along with the number of clients who are Auburn residents.
• At the end of each year, a brief report describing the past program, number of clients
served along with noteworthy accomplishments and/or challenges.
Additional Billable Services, Goods and/or Activities:
• None
Page 5 of 5