HomeMy WebLinkAbout2701 1 RESOLUTION NO. 2 7 0 1
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
PARENTING CLASSES FOR 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
12 parenting classes for Auburn residents during 1996 A copy of
13 the Agreement is attached and is designated as Exhibit "A" and
14 is 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
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23 C�� `I ai /
24 CHARLES A BOOTH
MAYOR
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26
Rcsolution No. 2701
January 9, 1996
Page 1
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ATTEST
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Robin Wohlhueter,
6 City Clerk
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APPROVED AS TO FORM:
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11
Michael J. Reynolds,
12 City Attorney
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Resolution No. 2701
January 9, 1996
Page 2
AGREEMENT FOR SERVICES
2
3 THIS AGREEMENT made and entered into this Tin day of
4 Q6k0 , 1996, by and between the CITY OF AUBURN, a
5 municipal corporation of the State of Washington, hereafter
6 referred to as "CITY", and AUBURN CHRISTIAN ACTION PROGRAM DAY
7 CARE, a non-profit corporation organized under the laws of the
8 State of Washington, whose address is 1102 J Street SE,
9 Auburn, Washington 98002 , hereinafter referred to as "ACAP DAY
10 CARE".
11 WHEREAS, ACAP DAY CARE provides a valuable service to the
12 CITY and its residents through the provision of its A Positive
13 Parenting Learning Experience program (APPLE) ; and
14 WHEREAS, the CITY is interested in continuing support of
15 parenting classes to parents of families residing in Auburn
16 which are substantially at risk for child abuse or neglect;
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 parenting classes
22 to low income parents of families residing in Auburn who are
23 substantially at risk for child abuse or neglect during the
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Agreement ACM'DAY CARE 1996
Exhibit A' Resolution No 2701
January 9,1996 (apple96)
Page 1
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1996 term. This continued support is in recognition of the
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fact that the demand for the parenting services delivered by
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the ACAP DAY CARE through its APPLE parenting program
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continue to rise
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2 . SCOPE OF SERVICES.
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The parties agree and understand that ACAP DAY CARE
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agrees to provide parenting classes through its APPLE
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parenting program to low income parents of families residing
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in Auburn who are substantially at risk for child abuse or
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neglect. APPLE Program parenting services shall include but
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are not limited to those services described as follows:
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A. Prevention of child abuse and neglect through
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parenting classes offering hands on training which
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utilizes instructors modeling positive parenting
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techniques enabling parents to develop and improve
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their skills in caring for and nurturing their
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children.
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In addition, ACAP DAY CARE agrees to work closely with
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the CITY OF AUBURN in developing and improving other ways to
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address the needs of Auburn families served through ACAP DAY
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CARE programs.
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3. TERM.
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Agreement ACM'DAY CARE 1996
Exhibit"A"Resolution No.2701
January 9 1996 (appl e96)
Page 2
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The term of this Agreement shall commence on January 1,
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1996 and shall expire on December 31, 1996.
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4. COMPENSATION.
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As full and total payment for the services provided under
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this Agreement, the CITY agrees to pay ACAP DAY CARE the
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total amount of EIGHT THOUSAND DOLLARS ($8, 000) ACAP DAY
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CARE will submit a statement to the CITY quarterly describing
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services that it has rendered under the terms of this
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Agreement and the CITY will pay an amount equal to one-quarter
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of the total amount by the twenty-eighth (28th) day of the
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month following the end of the quarter. However, the final
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statement of services rendered will be submitted on or before
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December 15, 1996
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5. INDEMNIFICATION.
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ACAP DAY CARE agrees to defend, indemnify, and hold
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harmless the CITY, its elected and appointed officials,
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employees and agents from and against any and all claims,
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demands and/or causes of action of any kind or character
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whatsoever arising out of or relating to services provided by
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ACAP DAY CARE, its employees, volunteers or agents concerning
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any and all claims by any persons for alleged injury or damage
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to persons or property to the extent caused by the negligent
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Agreement ACAP DAY CARE 1996
Exhibit"A' Resolution No 2701
January 9, 1996 Cappte96)
Page 3
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acts, errors or omissions of ACAP DAY CARE, its employees,
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volunteers or agents or representatives. In the event that
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any suit or claim for damages based upon such claim, action,
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loss or damage is brought against the CITY, ACAP DAY CARE
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shall defend the same as its sole costs and expense; provided
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that the CITY retains the right to participate in said suit if
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any principle of governmental or public law is involved; and
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if final judgment be rendered against the CITY and/or its
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officers, elected officials, agents and employees or any of
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them or jointly against the CITY and ACAP DAY CARE and their
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respective officers, agents, volunteers, employees or any of
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them, ACAP DAY CARE shall fully satisfy the same and shall
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reimburse the CITY any costs and expense which the CITY has
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incurred as a result of such claim or suit The provisions of
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this section shall survive the expiration or termination of
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this Agreement.
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6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
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The parties agree and understand that ACAP DAY CARE is an
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independent contractor and not the agent or employee of the
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CITY and that no liability shall attach to the CITY by reason
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of entering into this Agreement except as provided herein
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The services required under this Agreement may not be assigned
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Agreement ACM'DAY CARE 1996
Exhibit"A"Resolution No.2701
January 9,1996 (epple96)
Page 4
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or subcontracted by ACAP DAY CARE without the prior written
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consent of the CITY.
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7. INSURANCE.
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ACAP DAY CARE shall procure and maintain for the duration
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of this Agreement insurance against claims for injuries to
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persons or property which may arise from or in connection with
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services provided by ACAP DAY CARE, it agents, employees or
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volunteers under this Agreement ACAP DAY CARE agrees to
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provide comprehensive general liability insurance and shall
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maintain liability limits of not less than ONE MILLION DOLLARS
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($1, 000, 000) combined single limit coverage per occurrence for
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bodily injury, personal injury and property damage. ACAP DAY
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CARE shall also provide and maintain professional liability
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coverage including errors and omissions coverage in the
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minimum liability amount of ONE MILLION DOLLARS ($1, 000, 000)
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combined single limit per occurrence for bodily injury,
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personal injury and property damage. Any deductibles or self
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insured retentions in either policies must be declared to and
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approved by the CITY At the option of the CITY either: The
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insurer shall reduce or eliminate such deductibles or self
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insured retentions as respects the CITY, its officials and
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employees; or, ACAP DAY CARE shall procure a bond guaranteeing
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Agreement ACM'DAY CARE 1996
Exhibit A"Resolution No.2701
January 9, 1996 Capp e96)
Page 5
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payment of losses and related investigations, claim
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administration and defense expenses. The policies are to
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contain or be endorsed to contain the following provisions:
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1. GENERAL LIABILITY COVERAGE:
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(a) The CITY, its elected and appointed officials,
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employees and agents are to be covered as insureds
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as respects: Liability arising out of services and
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activities performed by or on behalf of ACAP DAY
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CARE, its employees, agents and volunteers. The
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coverage shall contain no special limitations on the
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scope of protection afforded to the CITY, its
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elected and appointed officials, employees or
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agents
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2 . GENERAL LIABILITY AND PROFESSIONAL LIABILITY
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COVERAGES:
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(a) ACAP DAY CARE'S insurance coverage shall be
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primary insurance as respects the CITY, its
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officials, employees and agents. Any insurance
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or self insurance maintained by the CITY, its
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officials, employees or agents shall be in
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excess of ACAP DAY CARE'S insurance and shall
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not contribute with it
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Agreement ACM DAY CARE 1996
Exhibit"A"Resolution No.2701
January 9, 1996 (app le96)
Page 6
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(b) Any failure to comply with reporting provisions
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of the policy shall not affect coverage
3
provided to the CITY, its officials, employees
4
or agents.
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(c) Coverage shall state that ACAP DAY CARE'S
6
insurance shall apply separately to each
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insured against whom claim is bought or suit is
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brought except with respect to the limits to
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the insurer' s liability
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(d) Each insurance policy required by this clause
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shall be endorsed to state that coverage shall
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not be suspended, voided, canceled, reduced in
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coverage, or in limits except after thirty (30)
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days prior written notice by certified mail
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return receipt requested has been given to the
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CITY. ACAP DAY CARE agrees to provide copies
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of the Certificates of Insurance to the CITY at
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the time that this Agreement takes effect.
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(e) ACAP DAY CARE shall furnish the CITY with
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Certificates of Insurance and with original
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endorsements affecting coverage required by
22
this clause The certificate and endorsements
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Agreement ACAP DAY CARE 1996
Exhibit A' Resolution No.2701
January 9 1996 Capple96)
Page 7
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for each insurance policy are to be signed by a
2
person authorized by that insurer to bind
' 3
coverage on its behalf. The CITY reserves the
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right to require complete, certified copies of
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all required insurance policies at any time.
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(f) ACAP DAY CARE shall include all volunteers,
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employees and agents under its policies or
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shall furnish separate certificates and
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endorsements for each. All coverages for
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volunteers shall be subject to all the
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requirements stated herein.
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8. NONDISCRIMINATION.
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ACAP DAY CARE shall not discriminate under any services
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or programs to which this Agreement may apply directly or
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through contractual or other arrangements on the grounds of
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race, color, creed, religion, national origin, sex, age, or
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the presence of any sensory, mental or physical handicap
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9. BOORS AND RECORDS.
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ACAP DAY CARE agrees to maintain separate accounts and
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records in accordance with State Auditor's procedures,
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including personnel, property, financial and programmatic
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Agreement ACM,DAY CARE 1996
Exhibit"A Resolution No.2701
January 9,1996 (apple96)
Page 8
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records which sufficiently reflect direct and indirect costs
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and services performed under this Agreement. ACAP DAY CARE
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agrees to maintain all books and records relating to this
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Agreement for a period of three (3) years following the date
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that this Agreement is expired or otherwise terminated. The
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parties agree that the CITY OF AUBURN may inspect such
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documents upon good cause at any reasonable time within the
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three (3) year period.
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10. TERMINATION OF AGREEMENT.
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This Agreement may be terminated by either party upon ten
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(10) days written notice should the other party fail
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substantially to perform in accordance with its terms through
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no fault of the other
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11. GENERAL PROVISIONS.
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11. 1 ACAP DAY CARE agrees to submit a report to the
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CITY no later than December 15, 1996,
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describing the progress and activities
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performed for the year 1996 under its scope of
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services.
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11 2 This Agreement shall be governed by the laws,
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regulations and ordinances of the City of
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Agreement ACAP DAY CARE 1996
Exhibit"A' Resolution No 2701
January 9,1996 Capp(e96)
Page 9
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Auburn, the State of Washington, and County of
2
King and where applicable, Federal laws.
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11 3 The CITY and ACAP DAY CARE respectively bind
4
themselves, their successors, volunteers,
5
assigns and legal representatives to the other
6
party to this Agreement and with respect to
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all covenants to this Agreement
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11 4 This Agreement represents the entire and
9
integrated Agreement between the CITY and ACAP
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DAY CARE and supersedes all prior negotiations
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This Agreement may be amended only by written
12
instrument signed by both the CITY and ACAP DAY
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CARE
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11 5 Should it become necessary to enforce any term
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or obligation of this Agreement, then all costs
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of enforcement including attorneys fees and
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expenses and court costs shall be paid to the
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substantially prevailing party
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11 6 ACAP DAY CARE agrees to comply with all local,
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state and federal laws applicable to its
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performance under this Agreement
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26 —Agreement ACM'DAY CARE 1996
Exhibit"A"Resolution No 2701
January 9, 1996 (awl e96)
Page 10
1
CITY OF AUBURN
2
3
4 CAurl et h1. a>Tl
5 CHARLES A BOOTH
MAYOR
6
7 ATTEST:
8
9 e47/17/ail('
Robin Wohlhueter,
10 City Clerk
11
12
APPROVED AS TO FORM
13
14 I 1 ) (
15 Michael J. Reynolds,
City Attorney
16
17
18 ACAP DAY CARE
10
20 BY:
21 hh
22 TITLE £xccAru4. J),,reJDYr
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Agreement ACAP DAY CARE 1996
Exhibit"A"Resolution No.2701
January 9,1996 (apical e96)
Page 11
1 STATE OF WASHINGTON )
ss
2 COUNTY OF KING
3
if On this Alp day of r , 1996, before
4 me, the undersigned, a Notary Public and for the State of
Washington, personally appeared KATHRII OHNSON
5 to me known to be the Executive Director of ACAP DAY CARE, the
non-profit corporation that executed the within and foregoing
6 instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said non-profit corporation for
7 the uses and purposes therein mentioned, and on oath stated
that he/she is authorized to execute said instrument on behalf
8 of said non-profit corporation
9 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the date hereinabove set forth.
10
11
411111' - " -' Si
12 NOTARY PUBLIC in and for e/State of
Washington, residing in ,1YLn‘.01
13
MY COMMISSION expires: ((-(('-?p
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Agreement ACAP DAY CARE 1996
Exhibit"A' Resolution No.2701
January 9,1996 (appl e96)
Page 12
...Oct/La-'cL
ACORD CERTIFICATE:.OF :LIABILITY .INSURANCE DATE IMM/DDNY)
t/r(.► , . 06/07/95
PRODUCER Jj/N ' 2 - .J. CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ell V AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TINA M CRAIG INSURANCE AGENCY CITY ®F • '•/A TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1701 M ST S E CITY ��JC)�I'i COMPANIES AFFORDING COVERAGE
AUBURN, WA 98002 C'EI3AS r'Zlrr
CompaaY
(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
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(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $2 , 000, 000
X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG 52 , 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(Any am fire) $ 50, 000
MED EXP(Any one person) § 5, 000
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT §1, 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 $
GARAGE LIABILITY AUTO ONLY EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE 5
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WC STATU- OTH-
WORKERS COMPENSATION AND TORY L MITS ER
EMPLOYERS'LIABILITY
EL EACH ACCIDENT S _
THE PROPRIETOR' INCL EL DISEASE POLICY LIMIT $
PARTNERS/EXECUTIVE —
OFFICERS ARE: EXCL EL DISEASE EA EMPLOYEE 5
OTHER
A SEXUAL ABUSE #JK 2665896 6-15-95 6-15-96 $1, 000, 000-AGGREGATE
$1, 000, 000-OCCURRENCE
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/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
-CERTiF1CATEBOWER . .. ... ... .
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 p 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 RESCLITASVEM.
ACORD Z5S:4V$5;. . .. .. ..... . ......-.---- .":' ... :.:.....: -4.•CORD:'C.ORPORATi0N.T888: