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HomeMy WebLinkAboutValley Cities Behavioral Health Care CITY OF AUBURN 2017 GRANT AGREEIUIEIVT Da�'-',� THIS AGREEMENT made and entered into on this��ay of-3'�mtler, 2017, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as"City," and Valley Cities Behavioral Health Care, 2704 'I' Street NE, Auburn, WA 98002, a Washington non-profit corporation, hereinafter referred to as "Valley Cities." WHEREAS, the City is experiencing high levels of homelessness and this �, population is vulne�able to abuse, prostitution, substance abuse, physical and mental health issues, suicide, pregnancy, violence, and sexual exPloitation; and WHEREAS, Auburn's homeless population is in need of services to aid their chronic status and to reduce abuse and eriminal activifies that often aecompany their homelessness; and, WHEREAS, Valley Cities has the expertise and resources to provide services to this population as a means to assisting the individuals, lowering crime, and bettering the � community for all residents; and, NOW, THEREFORE, the parties hereto agree as follows: � 1,. Grant of Funds The City agrees to provide $50,000 to Valley Cities for use to operate charitable programs for the poor and infirmed. Payment of the grant by the City shall be in equal monthly payments over a period of three (3) months. 2. AdminisVation of Grant , This Grant shall be administered for the City by Dana Hinmao, and on behalf of Valley Cities by Ken Taylor. Any written notiees produced in relation to this Grant shall be served on or mailed to the following addresses: City of Auburn �/,,,a,�ley Gifies Beh�vioral Health Care _ _ Dana Hinman Ken Taylor Director of Administration Executive Director 25 W Main St 2704 'I' Street NE Aubum, WA 98001-4998 Aubum, WA 98002 Phone: 253-931-5103 Phone: 206-408-5174 E-mail: dhinman@auburnwa.gov E-mail: sylviaf@nexus4kids.org 3. Insurance. The Valley Cities shall proeure and maihtain as long as it is receiving grant funds from the City, and at its sole expeose, insurance against claims for injuries to persons or damage to property caused by Valley Cities, or the Valley Cities' agents, representatives, employees, or subcontractors. Valley Cities' maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Valley Cities to fhe coverage provided by such insurance, or otherwise limit the Cities' recourse to any remedy available at law or in equity. Valley Cities shall obtain insurancs of the types deseribed below: a. 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. Valley Cities shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and adyertising injury, and lia.bility assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work perFormed for the Cify using 1S0 Additional Insured endorsement CG 20 10 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurcence, $2,000,000 general aggregate. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington: The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Valley Cities' insurance coverage shall be primary insurance as respects the City. Any insurance, self=insurance, or insurance pool coverage maintained by the City shall be excess of the Valley Cities' insurance and shall not contribute with it. The Valley Cities' insurance shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. If a policy expires during the term of this Agreement, a renewal certificate must be sent to the City fifteen (15) days prior to the expiration date of the policy. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. Valley Cities shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including 6ut not necessarily limited to the additianal insured endorsement, evidencing the insurance requirements of the Valley Cifies before commencement of the work. The City reserves the right to require that complete, certifisd copies of all required insurance policies be submitted to the City at any time. 4. Indernnification/Hold Harmless Except for injuries and damages caused by the sole negligence of the City, the Valley Cities shaU defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, of every kind, including attorney fees and litigation expenses, arising out of or in connection with any alleged act, amission, professional error, fault, mistake, or negligence of the Valley Cities, its employees, agents, representatives, or subcontractors, including employees, agents, vr representatives of its sub-contractors, Caken in the performance of any program, work, or action funded by this Agreement, or arising out of worker's compensation claims, unemployment compensafion claims, or unemployment disa6ility compensation claims. It is further specifically and expressly understood that the indemnification provided herein constitutes the Valley Cities'waiver of irnmunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Ag�eement. 5. Assignment Neither partq to this Agreement shaU assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under fhis Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liab'iliry or obligation. 6, Amendrrrent, Modification or Waiver No amendment, modi�cation or waiver of any condition, provision or term of this Agreement shall be vaiid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authoriied representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right or authority arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 7. Independent Contractor Status The Contractors shall perform the services described in Section 2 as independent contractors and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership,joint venture, employment or other relationship with the City. 8. Gas#s to Prevailin ;c� PartY _ In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations underthis Agreement, the prevailing parties shall be, subject to the limitations set forth in RCW 4.84:330, entitled to receive its reasonable costs and attorney's fees. 9. Aqplicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in wHich the property or project is located, and if not site specific,then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitatfon shall commence no later than the substantial completion by the Valley Cities of the services. 10. Entire_Agreement This Agreemenf, together with any subsequent amendments or addendums, contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. 11. Nan-Avaifability_ofFunds _ Every obligation of fhe City under this Agreement is conditioned upon the availability of funds appropriated or a.Ilocated for the performance of such obligation; anc! if funds are not allocated and available for the continuance of this Agreement, then this Agreement may be terminated bythe City at the end of the period for which funds are available,withouf fhe seven (7)days' notice provided by Section 6. No liability shall accrue to the Gity in the event this provision is exercised, and the City shall not be obligated or liable for any future payments or damages as a result of terrnination under this Section. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN VALLEY CITIES BEHAVIORA HEALTH CA ..�.-�'"""�' . M '� \ /"'• � G. ��---- ancy B , Mayor �` Federal Tax ID No: / Attest: Darnelle Daskam City Clerk Approved as to form:. niel B. Hei , it Attorney '