HomeMy WebLinkAboutPregnancy AidAGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into this /.~(;;"'. day of
,,/~,~",,~ , 2004, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington, hereafter referred to as 'CITY", and
PREGNANCY AID which is located at 212 First St. NE 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; and
WHEREAS, the CITY is interested in continuing support of Pregnancy Aid,
including development of additional resources and service sites, for Iow 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 Exhibit I through 4, and incorporated herein by this
reference as if fully set forth, to Auburn residents during the 2004 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 Exhibits 1 through 4, which may include development of new resources,
Agreement -<<Reso_No~>, <<Agency~
February 3, 2004
Page 1 of 8
to Iow 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 shall 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 the second
and fourth calendar quarters a status report containing program statistics regarding the
type and level of services provided to the City of Auburn, as well as financial information
pertaining to the contract agreement and expenditures. The final report, which may
include estimated service levels, shall be submitted no later than December 12, 2004.
Format and contents of these reports are set forth in Exhibits I to 3 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 $3,000.00 as set forth in Exhibit 1. The
CITY will pay an amount equal to one-half of the total amount within thirty (30) days
following the CITY's receipt of invoices. The required format and content of 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 adsing out
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February 3, 2004
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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 dght 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 CIITY 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 the CITY by
reason of entedng 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.
VIII. INSURANCE.
The AGENCY shall procure and maintain for the duration of this Agreement
insurance against claims for injudes to persons or property which may adse 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
Agreement-<d~eso_No)>, <~Agency>}
February 3, 2004
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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 arid 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 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 adsing 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.
2) GENERAL LIABILITY AND PROFESSIONAL LIABILITY COVERAGER,t.
(a) The AGENCY's insurance coverage shall be pdmary insurance as respects the
CITY, its officials, employees and agents. Any insurance or self insurance
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February 3, 2004
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IX.
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 wdtten 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 Insuranoe and with
original endorsements affecting coverage required by this clause. The
certificate and endorsements for each insurance policy are to be siigned 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
coverages for volunteers shall be subject to all the requirements stated herein.
NONDISCRIMINATION.
Agreement --q~R. eso_No)>, 4',Agency>>
February 3, 2004
Page 5 of 8
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.
X. BOOKS AND RECORDS,
The AGENCY agrees to maintain separate accounts and records in accordance
with State Auditor's procedures, including personnel, properly, 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.
Xl. TERMINATION OF AGREEMENT,
This Agreement may be terminated by either party upon ten (10) days wdtten
notice should the other party fail substantially to perform in accordance with its terms
through no fault of the other.
Xll, GENERAL PROVISIONS.
A. The AGENCY agrees to submit a report to the CITY no ,later than
December 12, 2004, describing the progress and activities performed for
the year 2004 under its scope of services.
B. This Agreement shall be govemed by the laws, regulations.and ordinances
of the City of Aubum, the State of Washington, and County of King and
where applicable, Federal laws.
Agreement -<<Reso_No~), <<Agcacy))
February 3, 2004
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The CITY and the AGENCY respectively bind themselves, their
successors, volunteers, assigns and legal representatives to the other
pan'y to this Agreement and with respect to all covena~nts to this
Agreement.
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 wdtten instrument signed by both the
CITY and the AGENCY.
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.
The AGENCY agrees to comply with all local, state and federal laws
applicable to its performance under this Agreement.
Agrccracnt -~cRcso_No>~, <<Agency)>
February 3, 2004
Page 7 of 8
"Danielle E. Daskam,
City Clerk
City Attorney
PETER B. LEWIS
MAYOR
PREGNANCY AID
TITLE: C_~-~
STATE OF WASHINGTON )
)ss
COUNTY OFKING )
Onthis /~5"' day ~
, 2004, before me, the undersigned, a
I~ry, Public_ in and for the State of Washington, personally appeared
4.4 /'L~ ,/~r~ ~LD/J/)57'- , to me known to be the Executive Director of Pr~;Inancy Aid,
the non-profit corporation that executed the within and foregoing instrument, and acknowiedged
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 seal the date
hereinabove set forth.
NOTARY PUBLIC~ and foA' (the State of/~ /
Washington, residing in
MY COMMISSION expires: ./z~ -
Agxeement -<,.Reso_No>>, <<Agency>}
February 3, 2004
Page 8 of 8
EXHIEIT 1, ~Reso_No~
CITY OF AUBURN
HUMAN SERVICE AGREEMENT
2003 SCOPE OF SERVICES AND QUARTERLY SERVICE UNIT REPORT
Agency Information
PregnancyAid
212 First St. NE
Auburn, WA 98002
253-833-2599
Contact: Rosie Johanns / Elaine Prenovost Title: ~i
Are professional services (e.g? counseling, case management) provided as part of this
Agreement? No
CoJi~.~act Information
Contract Amount: 3,000
Women
Program Name:
Description of Service to be provided:
Assistance to Pregnant
Reporting Information
Report for __ 1'~ and 2"d Qtr/Jan-Jun
2003 Service Units
__ 3n~ and 4th Qtr/JuI-Dec
Narrative: Please attach other relevant information, including current trends, program developments,
special events, publicity, community education, etc: If actual service units are lower than anticipated,
please explain.
Agency:
Program:
Report for
CITY OF AUBURN
2003 Quarterly Financial Report
Pregnancy Aid Date:
Assistance to Pregnant Women
__ 1" and 2"~ Qtr/Jan-Jun
EXHIBIT 2, ~(Reso_No~
__ 3~ and 4th QtdJuI-Dec
Cost Ca{egories Budget This Cumulative Award
Award Request to date Balance
Personal/Agency Services
Office/Ope~a~ing Supplies
Consultant or Purchased
Services
Direct Client Assistance
Communications
Travel & Training
Intra-Agency Support
Other per Detail: Rent 3000
Grand TotalI 3,000
Requested
Reimbursement:
Detail as Applicable:
CITY OF AUBURN
2003 Demographic Report
Agency: Pregnancy Aid Date:
Program: Assistance to Pregnant Women
EXHIBIT 3, ~Reso_No~
Covin ton
Des Moines
Enumclaw
Federal Wa)'
. Kent
Maple Valley
Normandy Park
Pachqc
Renton
SeaTac
Seaffle
Tukwila
Uninco~y~,ra[ed. King County
Other:
Unknown
TOTAL
30% of median or below
50% of median or below
80% of median or below
Above 80% of median
TOTAL
Female
5-12
13-17
__7 18'34
35-54
55-74
Unknown
TOTAL
Asian/Pacific Islander
BlacWAfrican American
Hispanic~.aflno
~~~~_Native American/Alaskan Nat~'e
White/Caucasian
Other
Limited En lish S akin
Female-Headed Household
To:
Agency:
COVER PAGE, ReaD No. <(Reso_No))
CITY OF AUBURN
HUMAN SERVICE AGREEMENT
2003 INVOICE FOR CONTRACTED SERVICES
City of Auburn, Attn: Shirley Aird, Planning Department
25 West Main, Auburn, WA 98001
Pregnancy Aid
212 First St. NE
Auburn, WA 98002
Date:
253-833-2599
Contact:
Invoice for:
Rosie Johanns / Elaine Prenovost
[] 1'" and 2n~ Quarter, January to June - Due July 15, 2003
[] 3'~ and 4th Quarter, July to December- Due December 12, 2003
[] 4th Quarter (Final) October to December- Due January 31, 2004
Amount Requested:
Required Attachment Checklist:
__ Exhibit A - Service Report
__ Exhibit B - Financial Report
__ Exhibit C - Demographic Report
__ Proof of Insurance (2ne 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: 3,000
Payments Year to Date:
Payment this invoice:
Authorized to Pay:
Date:
Date:
Date:
Date:
Contract Balance:
Signature
Date
COVER PAGE - MUST BE SIGNED AND SUBMITTED WITH EACH PAYMENT REQUEST