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HomeMy WebLinkAbout2700 1 RESOLUTION NO. 2 7 0 0 2 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 25 26 Resolution No. 2700 January 9 1996 Pagel 1 2 ATTEST: 3 4 Robin Wo lhueter, 6 City Clerk 7 8 APPROVED AS TO FORM: 9 10 11 Michael . Reynolds, 12 City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2700 January 9, 1996 Page 2 AGREEMENT FOR SERVICES 1 2 // THIS AGREEMENT made and entered into this ow) day of 3 6-4�,///jt-' , 1996, by and between the CITY OF AUBURN, a 4 municipal corporation of the State of Washington, hereafter 5 referred to as "CITY", and AUBURN CHRISTIAN ACTION PROGRAM DAY 6 CARE, a non-profit corporation organized under the laws of the 7 State of Washington, whose address is 1102 J Street SE, 8 Auburn, Washington 98002, hereinafter referred to as "ACAP DAY 9 CARE". 10 WHEREAS, ACAP DAY CARE provides a valuable service to the 11 CITY and its residents through the provision of day care 12 services for low income Auburn residents; and 13 WHEREAS, the CITY is interested in continuing support of 14 the day care services, including early intervention and 15 therapeutic child development services, for low income Auburn 16 residents; 17 NOW, THEREFORE, In consideration of the covenants and 18 conditions of this Agreement, the parties agree as follows 19 1. PURPOSE. 20 The purpose of this Agreement is to provide for an 21 appropriation to ACAP DAY CARE for providing child care to 22 Auburn residents during the 1996 term. This continued support 23 24 25 26 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. 23 24 25 26 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 24 25 26 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 23 24 25 26 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 24 25 26 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 24 25 26 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 24 25 26 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 24 25 26 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. 24 25 26 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: 21 22 86 'v l�G (rL1L�����`�/- Robin Wohlhueter, 23 City Clerk 24 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 8 9 STATE OF WASHINGTON ) 10 ) ss COUNTY OF KING 11 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. 17 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 23 24 25 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