HomeMy WebLinkAboutDAWN #GF0416 AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into this ~ day of
,/~.,,~,u,~ {' . 2004, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington, hereafter referred to as "CITY", and DAWN
which is located at P.O. Box 88007 Tukwila, WA 98138, 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 Emergency Shelter for DV Victims; and
WHEREAS, the CITY is interested in continuing support of DAWN, 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 1 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,
to Iow income Auburn residents. Services to be provided ara set forth in Exhibits 1
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through 4 to this agreement, and incorporated herein by this reference as iif 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 each
calendar quarter 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 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 Agreement, 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 $14,000.00 as set forth in Exhibit 1.
The CITY will pay an amount equal to one-quarter of the total amount within thirty (30)
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April 20, 2004
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days following the City's receipt of quarterly invoices. The required format and content of
quarterly 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 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 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 the CITY
by reason of entering into this Agreement except as provided herein. The services
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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 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 general 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 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 insured's as respects: Liability arising out of services and
activities performed by or on behalf of AGENCY, its employees, agents and
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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 COVERAGES::
(a) The Agency's insurance coverage shall be primary insurance as respects 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 rnail 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
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reserves the right to require complete, certified copies of al~ 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
coverage 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 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, 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.
Xl, TERMINATION OF AGREEMENT,
This Agreement may be terminated by either party upon ten (10) days written
notice should the other party fail substantially to perform in accordance with its terms
through no fault of the other.
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XII.
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 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 covenanl:s 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 prevailing
party.
F. The AGENCY agrees to comply with all local, state and federal laws
applicable to its performance under this Agreement.
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CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City C~ /.~
DanTel ~.Heid,X,._.~- V
City Attorney
TITLE:
STATE oF WASHINGTON )
)ss
COUNTY OF KING .~ )
On this ~;~ r~day of ~)~.2 ,2004, before me, the undersigned, a
Notary Public,/,in., and for the State of Washington, personally appeared
"7'~_.~ .~.~'~ /~,~/~J~_. , to me known to be the Executive Director of DAWN, the non-
profit corporation that executed the within and foregoing instrument, and acknowledged 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.
STATE OF WASHINGTON
NOTARY --o-- PUBLIC
MY COMMISSION EXPIRES 10-09-06
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
date hereinabove set forth.
NOTARY PUBLIC in and for 1'he State of
Washington, residing in
MY COMMISSION expires:
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