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HomeMy WebLinkAboutACAP Child & Family Svcs#GF0419 AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into this ~ day of ~4"",{ , 2004, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereafter referred to as "CITY", and ACAP CHILD AND FAMILY SERVICES which is located at 1102 J Street SE Auburn, WA 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 Child Care and Respite Care assistance; and WHEREAS, the CITY is interested in continuing support of ACAP, including development of additional resources and service sites, for low income Auburn n~sidents; 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 Exhibit 1 through 4, and incorporated herein by this reference as if fully set forth, to Auburn residents during the 2004 term. This SLlpport 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 providEl services, as described in Exhibits 1 through 4, which may include development of new resources, -------------------------------------- Agreement GF-0419 ACAP Child & Family Services March I, 2004 Page 1 of8 - ,_ _._.n__.____._._____...____._...__.__~.______.,.~_~_,~..__.. ------ to low income Auburn residents. Services to be provided are set forth in Exhibits 1 through 4 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, 2004. III. TERM. The term of this Agreement shall commence on January 1, 2004 and s;hall expire on December 31, 2004. IV. PERFORMANCE REPORTS AND COMPENSATION A. The AGENCY shall provide to the City within 15 days of the close of each calendar quarter a status report containing program statistics regarding the tYPI~ and level of services provided to the City of Auburn, as well as financial information pe,rtaining to the contract agreement and expenditures. The final report, which may include estimated service levels, shall be submitted no later than December 13, 2004. Format and contents of these reports are set forth in Exhibits 1 to 4 to this Agreement, which are incorporated herein by this reference. B. The Agency shall prepare and submit to the City two program evaluation reports in the format commonly referred to as "outcomes reports" which will show the, intended linkages between the activities conducted and the changes the activities will' produce. These reports shall contain information as set forth in Exhibit 4 to this Agreem~nt, which is incorporated herein by this reference, and shall be submitted to the City at the end of the first quarter and within sixty days following the close of the calendar year. C. As full and total payment for the services provided under this Agreement, the CITY agrees to pay the AGENCY the total amount of $22,500.00 as set forth in Exhibit 1. The CITY will pay an amount equal to one-quarter of the total amount within thirty (30) days -------------------------------------- Agreement GF-0419 ACAP Child & Family Services March I, 2004 Page 2 of8 - ._~~._-_._------,--- ---"_._-~_._--,_._.._-~------------ following the CITY's receipt of quarterly invoices. The required format and content of qLlarterly invoices is set forth in the Exhibits to this Agreement, and is incorporated herein by this reference. VI. 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 sLlit 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 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. VII. 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 thEl CITY by reason of entering into this Agreement except as provided herein. The services required -------------------------------------- Agreement GF-0419 ACAP Child & Family Services March I, 2004 Page 3 of8 - -- .---.--------.-.-----.--..--.-......_.._.____,_,_~______'_'__.m_______ under this Agreement may not be assigned or subcontracted by the AGENCY without the prior written consent of the CITY. VIII. 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 genE!ral 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 Exhibit 1, 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 ol'ficials 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, a!lents and -------------------------------------- Agreement GF-0419 ACAP Child & Family Services March 1, 2004 Page 4 of8 - -----_.__.~_._~---_._-- - ---_.._._...~---_.~.- _.._~-_....,-_.._.- 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. 2) GENERAL LIABILITY AND PROFESSIONAL LIABILITY COVERAGESl.;, (a) The AGENCY's insurance coverage shall be primary insurance as re,spects 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. (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 -------------------------------------- Agreement GF-0419 ACAP Child & Family Services March 1, 2004 Page 5 of8 - .,".--------- ----_..._---_.---~.. ._.._._-~-_..._-~ 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 coverages for volunteers shall be subject to all the requirements stated herein. IX. 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 presel1ce of any sensory, mental or physical handicap. X. 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. XI. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon ten (10) d~IYs written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. -------------------------------------- Agreement GF-0419 ACAP Child & Family Services March I, 2004 Page 6 of8 - --------------_._---.-_._.~ . -- -- ----_..._----------.--------- .._-~---- XII. GENERAL PROVISIONS. A. The AGENCY agrees to submit a report to the CITY no later than December 13, 2004, describing the progress and activities performed for the year 2004 under its 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 attorneys fees and expenses and court costs shall be paid to the substantially prevaliling party. F. The AGENCY agrees to comply with all local, state and federal laws applicable to its performance under this Agreement. -------------------------------------- Agreement GF-0419 ACAP Child & Family Services March 1, 2004 Page 7 of8 "- ._. _.___,__,."_.._._._ ..~_..____ m_"_...,_.,'_....______ _ _ __ __ ...__._.._....____ \.~:~ PETER B. LEWIS MAYOR AllT: ~ c! iJ~-4~~ Danielle E. Daskam, City Clerk ~.CHIL~FaSER~ICES BY: ~ / ~ ~77:) TITLE: Executive Director STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this p'!f1 day of M /itCH , 2004, before me, the undl~rsigned, a NO't.ry Public in and for the State of Washington, personally appeared wDA J) 1<, t; ,,-!:-C; , to me known to be the Executive Director of ACAP, the non- profit corporation that executed the within and foregoing instrument, and acknowl13dged said instrument to be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said non-profit corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sElal the date hereinabove set forth. KANDISS ./\ TORZA ~ /;::: NOIAHY:">UBLlC NARY PUBLIC in and for the State of _ Ju I/O/! {;J~ ST.1~E OF WASHINGTON COr.J:MiS;~H,_:-i\j t';x::J'RES Washington, residing in .t/3/~J~'M ##- kj ,!If J '1'3'16 JUNE 2U 2004 MY COMMISSION expires: 0'; I ' -------------------------------------- Agreement GF-0419 ACAP Child & Family Services March I, 2004 Page 80f8 - . _.,-_._-~_._~.._.._------"'--~_.- -----.----- EXlilBIT 1, GF0419 CITY OF AUBURN HUMAN SERVICE AGREEMENT 2004 SCOPE OF SERVICES AND QUARTERLY SERVICE UNIT REPORT Agency Information ACAP Child & Family Services 253.939.0870 1102 J Street SE 253.351.0e;55 Auburn, WA 98002 Linda@acapchildservices.org Contact: Linda DiRienzo Title: Executive Directc)r Are professional services (e.g., counseling, case management) provided as part of this Agreement? Yes Contract Information Contract Amount: 22,500.00 Program Name: Child Care Subsidies Description of Service to be provided: Child Care and Respite Care assistance. Reporting Information Report for 1" Qtr/Jan-Mar _ 2'. Qtr/Apr-Jun _ 3"' Qtr/Jul-Sep - 4'h Qtr/Oct-Dec - 2004 Service Units City Funding All Funding Sources Actual Service Only Units to Date, Service Unit Description: Total all Fund Auburn Residents Only Projected Actual Units by Quarter Sources Annual Units Service UniVPerformance Measure 1" 2M 3r. 4th Unduplicated Number of Auburn 60 Clients Served Narrative: Please attach other relevant information, including current trends, program developments, special events, publicity, community education, etc. It actual service units are lower than ilntlclpated, please explain. - -_._.._----_.._-_._------_._.~.,.__.__._.._-------_..--- - -.---.-. EXlilBIT 2, GF0419 CITY OF AUBURN 2004 Quarterly Financial Report Agency: ACAP Date: Program: Child Care Subsidies Report for - 1st Qtr/Jan-Mar _ 2nd Qtr/Apr-Jun _ 3"' Qtr/Jul-Sep - 4"1 Qtr/Oct-Dec Cost Categories Budget This Cumulative Award Award Request to date Balance 1 Personal/Agency Services 16,425 2 Office/Operating Supplies 6,075 3 Consultant or Purchased Services 4 Direct Client Assistance 5 Communications 6 Travel & Training 7 Intra-Agency Support 8 Other per Detail Grand Total 22,500.00 Requested Reimbursement: Detail as Applicable: - --.--..------------- -- -----~_._.._--,._.~--_..._._-~-.....--.__....~._----- EXHIBIT 3, GF0419 CITY OF AUBURN 2004 Demographic Report Agency: ACAP Date: Program: Child Care Subsidies Cateno'" 1. ;C' 3 4 Total YTD Client Alaona Residence- Auburn Black Diamond -List all clients Burian served In this Covinaton category. Des Moines In all other categories list Enumclaw Auburn clients Federal Wav only. Kent Manle Vallev Normandv Park Pacific Renton SeaTae Seattle Tukwila UnincorDorated. Kina County Other: Unknown TOTAL Client 30% of median or below Income 50% of median or below Level 80% of median or below Above 80% of median Unknown TOTAL Client Female Gender Male Client 0-4 Age 5-12 13-17 18-34 35-54 55-74 75+ Unknown TOTAL Ethnicityl Asian/Pacific ISlander Cultural Black/African American Background HisoaniclLatino Native Americanl Alaskan Native White/Caucasian Other Unknown TOTAL Condition Disablina Condition ESL Limited Enalish Soeakina Household Female-Headed Household - ---~-_..~- '._--_..._---- - ._._._-_._--------~~-_._-_."- EXlilBIT 4, GF0419 CITY OF AUBURN Outcomes Evaluation Format Agency: ACAP Date: Program: Child Care Subsidies I. Submission Dates. This report shall be submitted with the first quarter invoice and again within sixty (60) days of the end of the calendar year. II. Contents. A. The components of the evaluation will: 1) Identify both process and outcome portions of Child Care and Respite Caire assistance.; 2) Show the relationship of program resources and activities to the expected results or outcomes; 3) Help identify those questions the evaluation is to answer; 4) Provide a graphic summary of how program parts relate to the whole; 5) Make explicit the underlying theory of the program; and 6) Identify measurable categories in the program evaluation. B. ACAP shall develop the following status report components within the time frames established below: 1) 1st Quarter 2004 a) The outcome based results ACAP expects to achieve; b) An indicator to inform the ACAP that the anticipated change has or hllS not occurred; and c) The method for gathering information needed to indicate the outcome,s that have occurred. d) Initial Collection and assessment of the information acquired to include: alterations in the anticipated outcomes or alteration in the methodolollY of information gathering. 2) 4th Quarter 2004 a) Information collected; b) Conclusions developed as a result of the information. - "---..-.. ---~------_...__.- .---"--.. - -~..- ----"--- ---- COVER. PAGE, GF0419 CITY OF AUBURN HUMAN SERVICE AGREEMENT 2004 INVOICE FOR CONTRACTED SERVICES To: City of Auburn, Attn: Shirley Aird, Planning Department 25 West Main, Auburn, WA 98001 Agency: ACAP Date: 1102 J Street SE 253.939.0870 Auburn, WA 98002 253.351.0Ei55 linda@acapchildservices.org Contact: Linda DiRienzo Invoice for: o 1" Quarter, January to March - Due April 15, 2004 o 2'. Quarter, April to June - Due July 15, 2004 o 3'" Quarter, July to September - Due October 15, 2004 o 41h Quarter (Preliminary, Cover sheet and Ex. B only) October to December.- Due December 13, 2004 o 4'h Quarter (Final) October to December - Due January 31,2005 Amount Requested: Required Attachment Checklist: _ Exhibit A - Quarterly Service Report _ Exhibit B - Quarterly Financial Report _ Exhibit C - Demographic Report (2"" and 4th Quarters only) _ Logic Model/Outcomes Report (1" and 4'h Quarters only) _ Proof of Insurance (1" quarter and/or if expired since last reimbursement request) I certify to the best of my knowledge that this invoice and attachments reflect actual service provided to Auburn residents. Signature of Authorized Representative Date The City of Auburn will issue payment upon this invoice within thirty (30) business days of receipt. To ensure prompt payment, please submit this form and all required attachments by the date listed above. FOR CITY OF AUBURN USE ONL Y: Contract Amount: 22.500.00 Payments Year to Date: Date: Date: Date: Date: Payment this invoice: Contract Balance: Authorized to Pay: Signature Date COVER PAGE - MUST BE SIGNED AND SUBMITTED WITH EACH PAYMENT REQUEST .- "-~---~-'-~"------"'--'-~ "'-"---