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5.f) 2012 Contract with Lakes Area Youth Service Bureau 1 � Meeting Date: 5/15/2012 Agenda Item: -� 'S - � City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the contract with the Lakes Area Youth Service Bureau for 2012. Deadline/Timeline: N/A Background: • In previous years, the City has signed agreements with the Youth Service Bureau (YSB) to provide health, social and recreational services to the residents of Scandia. • In return for these services, the City made a lump sum payment to the organization. • The YSB has requested that the city sign a new contract for the term of January 1, 2012 through December 31, 2012, with a lump sum payment of$5,500.00 (the same amount as the 2009, 2010 and 2011 contracts.) • The 2012 budget includes funding for this service in the Administration Department budget. Recommendation: I recommend that the Council approve the contract, including the lump sum payment of$5,500.00, and authorize the Mayor to sign it. Attachments/ • Contract Materials provided: Contact(s): Jeanne Walz, YSB Executive Director (651-464-3685) Prepared by: Anne Hurlburt, Administrator (ysb contract) Page 1 of 1 OS/04/12 L , CONTRACT FOR HEALTH, SOCIAL, OR RECREATIONAL SERVICES WHEREAS, City of Scandia, Washington County, Minnesota(hereinafter"City") is authorized to contract with nonprofit organizations for health, social, and recreational services and City Council members considers the services to be in the public interest and good for the City; WHEREAS, Lakes Area Youth Service Bureau, (hereinafter"Organization") is a nonprofit organization that has the capability to provide health, social, or recreational services to those within City; WHEREAS,the City Council considers the services delivered by Organization to be in the public interest and good for City; NOW, THEREFORE,in consideration of the mutual promises made herein and for other valuable consideration the receipt of which is hereby acknowledged, City and Organization agree as follows: 1. Services Provided. Organization agrees to provide or make available the following services to those living within City: Please visit www.vsblakesarea.org for an up-to-date listing of services available. -Community Justices Services (Youth Intervention, Restorative Justice and Diversion) -Youth Enrichment & Leadership Programs -Parenting Services -Youth &Family Counseling Services 2. Term. This Agreement shall be in effect for one year from January 1, 2012 through December 31, 2012. 3. Cost. City agrees to pay Organization a lump sum total of$5,500.00 for the services it is to provide under this Agreement. The Organization will make available to the City the financial records pertaining to expenditures of funds in connection with the Agreement for the purpose of an audit. The Organization agrees to furnish usage information required for effective research and evaluation. Confidentiality will be maintained in accordance with all applicable Federal and State statutes, regulations,rules and policies. The Organization agrees to maintain books, records, documents and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct an indirect costs of any nature incurred in the performance of this agreement. These records shall be subject at all reasonable times for inspection,review or audit by personnel of the City. The Organization agrees to maintain financial records for five(5) years for audit purposes. 4. Indemnifications, Hold Harmless, and Defend. Any and all claims that arise or may arise against Organization, its agents, servants, or employees as a consequence of any act or omission on the part of the Organization or its agents, servants, or employees while engaged in the performance of the Agreement shall in no way be the obligation or responsibility of City. Organization shall indemnify, hold harmless, and defend City, its officers, agents, and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney fees which City, its officers, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of Organization, its agents, servants or employee, in the execution, performance, or failure to adequately perform Organization's obligations pursuant to this Agreement. Nothing in this Ageement shall constitute a waiver by City of any statutory limits or immunities from liability. 5. Independent Contractor. Organization acknowledges and agrees that it is an independent contractor and that nothing herein shall be construed to create the relationship of employer and employee between City and Organization or of any obligations or commitments beyond the terms of this Agreement. 6. Modification and Termination. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by City and Organization. This agreement may be cancelled by either party,with or without cause,upon 30 days written notice, delivered by mail or in person. No claim for services furnished by the Organization, not specifically provided in the Agreement, will be allowed by the City, unless approved in writing by the City. Such approval shall be considered a modification of the Agreement. 7. Legal Compliance. Organization shall abide by all federal, state, or local laws, statutes, ordinances,rules, and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities,programs, and staff for which Organization is responsible. Organization shall procure, at Organization's expense, all permits, licenses, or other rights required for the provision of the services contemplated by this Agreement. The Organization shall not enter into subcontracts for any of the work contemplated under this Agreement without written approval of the City. All subcontracts shall be subject to the requirements of this agreement. The Organization shall be responsible for the performance of any subcontractor. 8. Insurance: The Organization will at all times during the term of this contract have and keep in force: a) comprehensive general liability insurance policy in the amount of$2,000,000 per occurrence; $3,000,000 aggregate. b) workers compensation insurance c)professional liability insurance, in the amount of$2,000,000 each loss and $3,000,000 aggregate for each policy period. 9. Affirmative Action: In accordance with Affirmative Action Policies against discrimination, no person shall, on the grounds of race, color, religion, age, sex, disability,marital status, sexual orientation, public assistance status, ex-offender status, or national origin,be denied the benefits of, or be otherwise subjected to discrimination under any program, service or activity under the provisions of any and all applicable federal and state laws against discrimination. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. CITY ORGANIZATION City of Scandia Lakes Area Youth Service Bureau By: Signature Je z, Executive Director � Date Date Attest: City Clerk