HomeMy WebLinkAbout2700 1 RESOLUTION NO. 2 7 0 0
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR SERVICES WITH THE AUBURN CHRISTIAN ACTION
4 PROGRAM DAY CARE (KNOWN AS "ACAP DAY CARE") TO PROVIDE CHILD
CARE TO AUBURN RESIDENTS DURING 1996.
5
6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
8 section 1. The Mayor and City Clerk of the City of
9 Auburn, Washington, are hereby authorized to enter into an
10 Agreement for Services with the Auburn Christian Action
11 Program Day Care (known as "ACAP Day Care") to provide child
12 care to Auburn residents during 1996 A copy of the Agreement
13 is attached and is designated as Exhibit "A" and is
14 incorporated by reference in this Resolution
15 Section 2 . The Mayor is hereby authorized to implement
16 such administrative procedures as may be necessary to carry
17 out the directives of this legislation.
18 DATED and SIGNED this 5th day of February, 1996
19
20 CITY OF AUBURN
21
22 M
24 CHARLES A. BOOTH
MAYOR
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26
Resolution No. 2700
January 9 1996
Pagel
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ATTEST:
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Robin Wo lhueter,
6 City Clerk
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APPROVED AS TO FORM:
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11
Michael . Reynolds,
12 City Attorney
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Resolution No. 2700
January 9, 1996
Page 2
AGREEMENT FOR SERVICES
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THIS AGREEMENT made and entered into this ow) day of
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6-4�,///jt-' , 1996, by and between the CITY OF AUBURN, a
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municipal corporation of the State of Washington, hereafter
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referred to as "CITY", and AUBURN CHRISTIAN ACTION PROGRAM DAY
6
CARE, a non-profit corporation organized under the laws of the
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State of Washington, whose address is 1102 J Street SE,
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Auburn, Washington 98002, hereinafter referred to as "ACAP DAY
9
CARE".
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WHEREAS, ACAP DAY CARE provides a valuable service to the
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CITY and its residents through the provision of day care
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services for low income Auburn residents; and
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WHEREAS, the CITY is interested in continuing support of
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the day care services, including early intervention and
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therapeutic child development services, for low income Auburn
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residents;
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NOW, THEREFORE, In consideration of the covenants and
18
conditions of this Agreement, the parties agree as follows
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1. PURPOSE.
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The purpose of this Agreement is to provide for an
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appropriation to ACAP DAY CARE for providing child care to
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Auburn residents during the 1996 term. This continued support
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Agreement-ACAP DAY CARE 1996
Exhibit"A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 1
1 is in recognition of the fact that the demand for the services
2 delivered by the ACAP DAY CARE continues to rise
3 2. SCOPE OF SERVICES.
4 The parties agree and understand that ACAP DAY CARE
5 agrees to provide child care services, which may include early
6 intervention and therapeutic child development services, to
7 low income Auburn residents at ACAP DAY CARE'S facilities
g located in Auburn Child care services shall include but are
9 not limited to those services described as follows:
10 A. Care for infants and toddlers which offers
11 opportunities for children to grow and develop and
12 assists parents in improving their skills in caring
13 for and nurturing their children.
14 B Prevention of child abuse and neglect through the
15 use of day care and by giving parents and children a
16 time out from each other when the parent is out of
17 control, angry or upset, or overwhelmed by the
18 responsibilities of parenthood
19 In addition, ACAP DAY CARE agrees to work closely with
20 the CITY OF AUBURN in developing and improving other ways to
21 address the needs of Auburn families served through ACAP DAY
22 CARE.
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Agreement-ACAP DAY CARE 1996
Exhibit "A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 2
1 3. TERM.
2 The term of this Agreement shall commence on January 1,
3 1996 and shall expire on December 31, 1996
4 4. COMPENSATION.
5 As full and total payment for the services provided under
6 this Agreement, the CITY agrees to pay ACAP DAY CARE the
7 total amount of SIXTEEN THOUSAND THREE HUNDRED EIGHTY DOLLARS
8 ($16, 380) ACAP DAY CARE will submit a statement to the CITY
9 quarterly describing services that it has rendered under the
10 terms of this Agreement and the CITY will pay an amount equal
11 to one-quarter of the total amount by the twenty-eighth (28th)
12 day of the month following the end of the quarter. However,
13 the final statement of services rendered will be submitted on
14 or before December 15, 1996.
15 5. INDEMNIFICATION.
16 ACAP DAY CARE agrees to defend, indemnify, and hold
17 harmless the CITY, its elected and appointed officials,
18 employees and agents from and against any and all claims,
19 demands and/or causes of action of any kind or character
20 whatsoever arising out of or relating to services provided by
21 ACAP DAY CARE, its employees, volunteers or agents concerning
22 any and all claims by any persons for alleged injury or damage
23 to persons or property to the extent caused by the negligent
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Agreement-ACAP DAY CARE 1996
Exhibit"A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 3
1 acts, errors or omissions of ACAP DAY CARE, its employees,
2 volunteers or agents or representatives. In the event that
3 any suit or claim for damages based upon such claim, action,
4 loss or damage is brought against the CITY, ACAP DAY CARE
5 shall defend the same as its sole costs and expense; provided
6 that the CITY retains the right to participate in said suit if
7 any principle of governmental or public law is involved; and
8 if final judgment be rendered against the CITY and/or its
9 officers, elected officials, agents and employees or any of
10 them or jointly against the CITY and ACAP DAY CARE and their
11 respective officers, agents, volunteers, employees or any of
12 them, ACAP DAY CARE shall fully satisfy the same and shall
13 reimburse the CITY any costs and expense which the CITY has
14 incurred as a result of such claim or suit The provisions of
15 this section shall survive the expiration or termination of
16 this Agreement.
17 6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
18 The parties agree and understand that ACAP DAY CARE is an
19 independent contractor and not the agent or employee of the
20 CITY and that no liability shall attach to the CITY by reason
21 of entering into this Agreement except as provided herein.
22 The services required under this Agreement may not be assigned
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Agreement-ACAP DAY CARE 1996
Exhibit "A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 4
1 or subcontracted by ACAP DAY CARE without the prior written
2 consent of the CITY
3 7. INSURANCE.
4 ACAP DAY CARE shall procure and maintain for the duration
5 of this Agreement insurance against claims for injuries to
6 persons or property which may arise from or in connection with
7 services provided by ACAP DAY CARE, it agents, employees or
8 volunteers under this Agreement. ACAP DAY CARE agrees to
9 provide comprehensive general liability insurance and shall
10 maintain liability limits of not less than ONE MILLION DOLLARS
11 ($1, 000, 000) combined single limit coverage per occurrence for
12 bodily injury, personal injury and property damage. ACAP DAY
13 CARE shall also provide and maintain professional liability
14 coverage including errors and omissions coverage in the
15 minimum liability amount of ONE MILLION DOLLARS ($1, 000, 000)
16 combined single limit per occurrence for bodily injury,
17 personal injury and property damage. Any deductibles or self
18 insured retentions in either policies must be declared to and
19 approved by the CITY. At the option of the CITY either The
20 insurer shall reduce or eliminate such deductibles or self
21 insured retentions as respects the CITY, its officials and
22 employees; or, ACAP DAY CARE shall procure a bond guaranteeing
23 payment of losses and related investigations, claim
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Agreement-ACAP DAY CARE 1996
Exhibit "A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 5
1 administration and defense expenses. The policies are to
2 contain or be endorsed to contain the following provisions:
3 1. GENERAL LIABILITY COVERAGE:
4 (a) The CITY, its elected and appointed officials,
5 employees and agents are to be covered as insureds
6 as respects: Liability arising out of services and
7 activities performed by or on behalf of ACAP DAY
8 CARE, its employees, agents and volunteers The
9 coverage shall contain no special limitations on the
10 scope of protection afforded to the CITY, its
11 elected and appointed officials, employees or
12 agents.
13 2 . GENERAL LIABILITY AND PROFESSIONAL LIABILITY
14 COVERAGES:
15 (a) ACAP DAY CARE' S insurance coverage shall be
16 primary insurance as respects the CITY, its
17 officials, employees and agents. Any insurance
18 or self insurance maintained by the CITY, its
19 officials, employees or agents shall be in
20 excess of ACAP DAY CARE' S insurance and shall
21 not contribute with it
22 (b) Any failure to comply with reporting provisions
23 of the policy shall not affect coverage
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Agreement-ACAP DAY CARE 1996
Exhibit"A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 6
1 provided to the CITY, its officials, employees
2 or agents.
3 (c) Coverage shall state that ACAP DAY CARE'S
4 insurance shall apply separately to each
5 insured against whom claim is bought or suit is
6 brought except with respect to the limits to
7 the insurer's liability.
8 (d) Each insurance policy required by this clause
9 shall be endorsed to state that coverage shall
10 not be suspended, voided, canceled, reduced in
11 coverage, or in limits except after thirty (30)
12 days prior written notice by certified mail
13 return receipt requested has been given to the
14 CITY. ACAP DAY CARE agrees to provide copies
15 of the Certificates of Insurance to the CITY at
16 the time that this Agreement takes effect.
17 (e) ACAP DAY CARE shall furnish the CITY with
18 Certificates of Insurance and with original
19 endorsements affecting coverage required by
20 this clause. The certificate and endorsements
21 for each insurance policy are to be signed by a
22 person authorized by that insurer to bind
23 coverage on its behalf The CITY reserves the
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Agreement- ACAP DAY CARE 1996
Exhibit "A" Resolution No. 2700
January 9 1996 {ACAP96}
Page 7
1 right to require complete, certified copies of
2 all required insurance policies at any time.
3 (f) ACAP DAY CARE shall include all volunteers,
4 employees and agents under its policies or
5 shall furnish separate certificates and
6 endorsements for each. All coverages for
7 volunteers shall be subject to all the
8 requirements stated herein
9 8. NONDISCRIMINATION.
10 ACAP DAY CARE shall not discriminate under any services
11 or programs to which this Agreement may apply directly or
12 through contractual or other arrangements on the grounds of
13 race, color, creed, religion, national origin, sex, age, or
14 the presence of any sensory, mental or physical handicap.
15 9. BOORS AND RECORDS.
16 ACAP DAY CARE agrees to maintain separate accounts and
17 records in accordance with State Auditor's procedures,
18 including personnel, property, financial and programmatic
19 records which sufficiently reflect direct and indirect costs
20 and services performed under this Agreement. ACAP DAY CARE
21 agrees to maintain all books and records relating to this
22 Agreement for a period of three (3) years following the date
23 that this Agreement is expired or otherwise terminated The
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Agreement-ACAP DAY CARE 1996
Exhibit "A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 8
1 parties agree that the CITY OF AUBURN may inspect such
2 documents upon good cause at any reasonable time within the
3 three (3) year period.
4 10. TERMINATION OF AGREEMENT.
5 This Agreement may be terminated by either party upon ten
6 (10) days written notice should the other party fail
7 substantially to perform in accordance with its terms through
8 no fault of the other
9 11. GENERAL PROVISIONS.
10 11. 1 ACAP DAY CARE agrees to submit a report to the
11 CITY no later than December 15, 1996,
12 describing the progress and activities
13 performed for the year 1996 under its scope of
14 services.
15 11.2 This Agreement shall be governed by the laws,
16 regulations and ordinances of the City of
17 Auburn, the State of Washington, and County of
18 King and where applicable, Federal laws
19 11. 3 The CITY and ACAP DAY CARE respectively bind
20 themselves, their successors, volunteers,
21 assigns and legal representatives to the other
22 party to this Agreement and with respect to
23 all covenants to this Agreement.
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Agreement-ACAP DAY CARE 1996
Exhibit"A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 9
1 11. 4 This Agreement represents the entire and
2 integrated Agreement between the CITY and ACAP
3 DAY CARE and supersedes all prior negotiations.
4 This Agreement may be amended only by written
5 instrument signed by both the CITY and ACAP DAY
6 CARE.
7 11. 5 Should it become necessary to enforce any term
8 or obligation of this Agreement, then all costs
q of enforcement including attorneys fees and
10 expenses and court costs shall be paid to the
11 substantially prevailing party.
12 11. 6 ACAP DAY CARE agrees to comply with all local,
13 state and federal laws applicable to its
14 performance under this Agreement
15
16 CITY OF AUBURN
18 ti'at
CHARLES A. BOOTH
19 MAYOR
20 ATTEST:
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22 86 'v l�G (rL1L�����`�/-
Robin Wohlhueter,
23 City Clerk
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25
26
Agreement-ACAP DAY CARE 1996
Exhibit"A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 10
APPROVED AS TO FORM
3 Michael ,.71 Reynolds,
City Attorney
4
ACAP DAY CARE
5
6 BY:
7
TITLE: Extccchvc DI ear
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9
STATE OF WASHINGTON )
10 ) ss
COUNTY OF KING
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12 On this op day of t$ a , 1996, before
me, the undersigned, a Notary Public {� at-c�/nd for the State of
13 Washington, personally appeared KATHRIN JOHNSON
to me known to be the Executive Director of ACAP DAY CARE, the
14 non-profit corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free
15 and voluntary act and deed of said non-profit corporation for
the uses and purposes therein mentioned, and on oath stated
16 that he/she is authorized to execute said instrument on behalf
of said non-profit corporation.
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IN WITNESS WHEREOF, I have hereunto set my hand and
18 affixed my official seal the date hereinabove set forth
19 21 C
AD
20
NOTARY PUBLIC in and for tAle/State of
21 Washington, residing in '{6�^401d
22 MY COMMISSION expires: ((-0 - , 7
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26 Agreement-ACAP DAY CARE 1996
Exhibit"A" Resolution No. 2700
January 9, 1996 {ACAP96}
Page 11
CITY OF AUBURN
INTEROFFICE MEMORANDUM
TO Patty Zook, Planning Secretary
FROM: Robin Wohlhueter, City Clerk ���q�}� " -/
SUBJECT Social Service Agency Contracts
DATE. February 8, 1996
Your voice mail message on February 6 directed that I file the adopted social service
agency contracts with you. As you are aware, the City Council adopted the below listed
Resolutions on February 5, 1996 A copy of each resolution is provided along with the
original contracts that have been executed by the City of Auburn.
1 ) Resolution No. 2700
Authorizes an Agreement with Auburn Christian Action Program Day Care
(ACAP) for child care services.
2 ) Resolution No. 2701
Authorizes an Agreement with Auburn Christian Action Program Day Care
(ACAP) for parenting classes.
3 ) Resolution No 2702
Authorizes an Agreement for services with the Auburn Food Bank to purchase
and provide food to Auburn Residents during 1996
4 ) Resolution No. 2703
Authorizes an Agreement with Auburn Youth Resources for support services for
youth and families in the Auburn Community for 1996
5 ) Resolution No. 2704
Authorizes an Agreement with Children's Home Society to provide child care
services through the families first program for 1996
6.) Resolution No. 2705
Authorizes an Agreement for Services with Community Health Centers of South
King County to provide health services to Auburn residents during 1996
7 ) Resolution No. 2706
Authorizes an Agreement with Auburn Community Suppers for 1996
8.) Resolution No. 2707
Authorizes a 1996 Contract for Services with Domestic Abuse Women's
Network (DAWN).
February, 1996
Page No 2
9 ) Resolution No. 2708
Contract with DAWN relating to funds received from a portion of the King
County Proposition 2 Sales Tax money to provide domestic violence community
advocacy services for 1996.
10 ) Resolution No 2709
Authorizes an Agreement with King County Sexual Assault Resource Center to
provide counseling services to rape and other sexual assault victims within the
Auburn area during 1996
11 ) Resolution No, 2710
Authorizes an Agreement with Valley Cities Counseling and Consultation to
provide mental health services for Auburn resident during 1996.
12.) Resolution No 2711
On February 6 1996 Al Hicks obtained the original
All agreements require a notarized signature from the appropriate social services
agency official. Additionally, a certificate of insurance naming the City of Auburn as an
additional insured is required to be on file with the original agreement that requests it.
Other provisions such as reports should be filed appropriately
Please file original agreements or contracts with our office for filing with the original
resolution.
File, Contract Administration, Pending
f•\clerk\cont\RES2700
Noi, creL.
ACORD C LINSURANCE..... = 06%07/95
PRODUCER JUN a� 5M CERTIF ICATE IS ID TR MATN
G "ONLY AND CONFERS SSUE NO DR MA UPON TE THE OF INFOR SNUOE DR IJAI OT
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TINA M CRAIG INSURANCE AGENCY CITY OF Aiu;/A TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1701 M ST S E TIC COMPANIES AFFORDING COVERAGE
AUBURN, WA 98002 CI� Cl�"It �-'cdNp-
(206) 939-6208 FAX. 939-6979 A RELIANCE INSURANCE COMPANY
INSURED
COMPANY
ACAP DAY CARE ASSOCIATION B RELIANCE OF ILLINOIS COMPANY
1110 "J" STREET SOUTHEAST COMPANY
AUBURN, WASHINGTON 98002 C
COMPANY
I D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE IMM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE 52, 000, 000
X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG $2, 000, 000
CLAIMS MADE X OCCUR PERSONAL&ADV INJURY 51, 000, 000
A OWNER'S&CONTRACTOR'S PROT JK 2665896 06/15/95 06/15/96 EACH OCCURRENCE 51, 000, 000
FIRE DAMAGE IAny ona Era) 5 50, 000
MEDEXP(Any one person) $ 5, 000
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT 000, 000
X ALL OWNED AUTOS
BODILY INJURY
X SCHEDULED AUTOS IPer person)
A X HIRED AUTOS JK 2665896 6/15/95 6/15/96 BODILY INJURY
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE 5
GARAGE UABILITY AUTO ONLY EA ACCIDENT 5
ANY AUTO OTHER THAN AUTO ONLY-
EACH ACCIDENT 5 _
AGGREGATE 5
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE 5
OTHER THAN UMBRELLA FORM
WC STATU- 0TH- -
WORKERS COMPENSATION AND TORY LIMITS FR -
EMPLOYERS'LIABILITY EL EACH ACCIDENT S
THE PROPRIETOR/ INCL EL DISEASE POLICY LIMB S
PARTNERS/EXECUTIVE —
OFFICERS ARE: EXCL EL DISEASE EA EMPLOYEE S
OTHER
A SEXUAL ABUSE #JK 2665896 6-15-95 6-15-96 $1, 000, 000-AGGREGATE
$1, 000, 000-OCCURRENCE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
PROPERTY COVERAGE THE FOLLOWING ARE TOTAL VALUES FOR LOCATION 1, BLDGS 1-3
TOTAL BLDG $426, 080 TOTAL PERSONAL PROPERTY $52, 000 / EDP COVERAGE $35, 000
CERTIFICATE HOLDER NAMED ADDITIONAL INSURED
CERTIFICRTE:#IQRDEFt"... :CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF AUBURN EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
25 WEST MAIN STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
AUBURN, WASHINGTON 98002 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY I S AGENTS OR REPRESENTATIVES
AUTHORIZED RE E
. _ . . . . R TI
ACORF:E5-S�.i4195T:. . . ....:�
• "' �r:...�0. CO��b':CDEIPORfI� UN 498E,
0131 or
OFFICE OF THE CITY MAYOR oith, CITY ADMINISTRATION
Charles A. Booth, Mayor Auburn 25 West Main, Auburn, WA 94001
(206)931-3041 Fax: (206)931-3053
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No 2700 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2700 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 5th day of February, 1996
Witness n�ess my hand and the seal of the City of Auburn this 10th day of May, 1996
)60u1 t
Robin Wohlhueter
City Clerk
City of Auburn