Loading...
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 Agreement -~dl. eso_No}}, <<Agency>> February 3, 2004 Page 2 of 8 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 Page 3 of 8 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 Agreement-<,,Reso_No>>, <,,Agency>> February 3, 2004 Page 4 of 8 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 Page 6 of 8 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