HomeMy WebLinkAbout2712 1 RESOLUTION NO. 2 7 1 2
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
4 AGREEMENT FOR PROFESSIONAL SERVICES FOR A LITTER CONTROL
PROGRAM BETWEEN THE CITY OF AUBURN AND VADIS NORTHWEST.
5
WHEREAS, the City of Auburn, Washington, finds a need to
6
provide a litter control program for the City; and
7
WHEREAS, VADIS NORTHWEST, a non-profit corporation that
8
develops employment for individuals with disabilities, is able
9
to provide to the City a twelve-month litter clean-up program
10
as well as other maintenance tasks for the City's Street,
11
Water, Sewer, Storm Drainage and Equipment Rental Divisions
12
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
13
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
14
RESOLVES THAT:
15
Section 1. The Mayor and City Clerk of the City of
16
Auburn are herewith authorized to execute an Agreement for
17
Professional Services for a litter control program and other
18
duties between the City of Auburn and VADIS NORTHWEST A copy
19
of said Agreement is attached hereto, denominated as Exhibit
20
"A" , and made a part hereof as though set forth in full
21
herein.
22
23
24
25
26
Resolution No. 2712
January 18, 1996
Page 1
1
Section 2. The Mayor is hereby authorized to implement
2
such administrative procedures as may be necessary to carry
3
out the directives of this legislation.
4
DATED and SIGNED this 5th day of February, 1996.
5
6
CITY OF AUBURN
7
8
C LILL. 11)
10 CHARLES A. BOOTH
MAYOR
11
12
13 ATTEST
14
15 f.L�2/ !/�V ;
16 Robin Wohlhueter,
City Clerk
17
18
19
APPROVED AS TO FORM
20
21 i 1
22 J
Michael J. Reynolds,
23 City Attorney
24
25
26
Resolution No. 2712
January 18, 1996
Page 2
CITY OF AUBURN
INTEROFFICE MEMORANDUM
TO Dick Sulser, Solid Waste Supervisor
FROM Robin Wohlhueter, City Clerk
SUBJECT Vadis Northwest Agreement
DATE. February 8, 1996
The Auburn City Council adopted Resolution No 2712 authorizing an
Agreement for litter control with Vadis Northwest on February 5, 1996 The
Agreement is from March 1, 1996 through February 1, 1997
A copy of Resolution No 2712 is attached along with the original Agreement for
Professional Services Please obtain a notarized signature of an appropriate
officer of Vadis Northwest and return the original agreement to me for filing with
Resolution No 2712.
A certificate of insurance is also required naming the City of Auburn as an
additional insured. When available please file the original with our office
Thank you for your assistance
File Contract Administration, Pending
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PROOUCER THIS CERTIFICATE IS ISSUED At A MATRER OF INFORMATION
BELL-ANDERSON AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
724 WEST SMITH ST ALTER THE COVERAGE AFFORDED BY THE PODCES BELOW.
PO BOX 887 COMPANIES AFFORDING COVERAGE
KENT WA 98035-0887 COMPANY
A ST PAUL INS
ENURED
COMPANY
VADIS NORTHWEST B
COMPANY
1701 ELM STREET C
SUMNER WA 98390 COMPANY
)
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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EPPRATION
LTR DATE(SWOOP.") DATE(MMMDDtro LINTS
A
GENERAL warn CK08401992 10/01/95 lO/O1/96 GENERAL AGGREGATE 62 , 000, 000
X COMMERCIAL GENERAL LIABSJTY PRODUCTS COMP/OP AGG S2, 000, 000
CLAMS MADE X OCCUR PERSONAL&ADV INJURY 61, 0 0 0, 0 0 0
OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE i1, 000, 000
RRE DAMAGE(Any awl.N) S 100, 000
MED UP(Any Nr P..w) i 5, 000
A AUTOSOBLELAearr. CK08401992 10/01/95 10/01/96 1, 000, 000
X ANY AUTO COMBINED SINGLE UNIT S
ALL OWNED AUTOS
BODILY
SCHEDULED AUTOS BODILY INJURY
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HIRED AUTOS
NON-OWNED AUTOS (Pot A INJURY S
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PROPERTY DAMAGE S
GARAGE UABAJTY AUTO ONLY EA ACCIDENT $
_1ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
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EXCESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM S
WORRIERS COMPENSATION Alt STATUTORY LIMITS - ..
EMPLOYERS'LIASIJTT
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DESUPTION OF OPERATION SM1ACATIOI®IVELCIEWSPECUIL ITEMS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE
OPERATIONS OF THE INSURED.
CERTIFICATE:440L.P4Ri- ` ... ...... . ...:........_.. ...: ... . .:... .. -........._.CANCWATIDN-- --_ .....- ...-_-.-. .. ..._ .. ... .- - -:
.. SHOULD ANY OF DE ABOVE DESCREED POLICES BE CANCELLED BEFORE TIE
CITY OF AUBURN EXPEATNMI DATE THEREOF THE IS$U • -ANY Wu EICEAVOR TO MAL
ATTN• DICK S ULS ER 30 DAYS WRITTEN NOTICE TO THE. • - TE HOLDER NAMED TO THE LEFT,
25 WEST MAIN BUT FAALRE TO MAL.SUCH • ■ _ 'POSE • OBLIGATION OR LIASJJTY
AUBURN WA 98001 of ANY Kit WON . - , . ••Y rrs G - • • • A •
AUTNORIIED REPRESENTA • /� , 7 •
Ruth Hubbar.
LoACORC.CORPORATION-1.99
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1 RESOLUTION NO. 2 7 1 2
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
4 AGREEMENT FOR PROFESSIONAL SERVICES FOR A LITTER CONTROL
PROGRAM BETWEEN THE CITY OF AUBURN AND VADIS NORTHWEST.
5
WHEREAS, the City of Auburn, Washington, finds a need to
6
provide a litter control program for the City; and
7
WHEREAS, VADIS NORTHWEST, a non-profit corporation that
8
develops employment for individuals with disabilities, is able
9
to provide to the City a twelve-month litter clean-up program
10
as well as other maintenance tasks for the City's Street,
11
Water, Sewer, Storm Drainage and Equipment Rental Divisions
12
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
13
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
14
RESOLVES THAT
15
Section 1. The Mayor and City Clerk of the City of
16
Auburn are herewith authorized to execute an Agreement for
17
Professional Services for a litter control program and other
18
duties between the City of Auburn and VADIS NORTHWEST. A copy
19
of said Agreement is attached hereto, denominated as Exhibit
20
"A" , and made a part hereof as though set forth in full
21
herein
22
23
24
25
26
Resolution No. 2712
January 18, 1996
Page 1
•
1
Section 2 . The Mayor is hereby authorized to implement
2
such administrative procedures as may be necessary to carry
3
out the directives of this legislation.
4
DATED and SIGNED this 5th day of February, 1996.
5
6
CITY OF AUBURN
7
8
9
CIA&L. c3>
10 CHARLES A. BOOTH
MAYOR
11
12
13 ATTEST:
14
15 f'f, / _ r
16 Robin Wohlhueter,
City Clerk
17
18
19
APPROVED AS TO FORM:
20
21 , n
Michael J. Reynolds,
23 City Attorney
24
25
26
Resolution No. 2712
January 18, 1996
Page 2
1 AGREEMEN' _ERVICES
2 `
3 THIS AGREEMENT made and entered into this 5 day of
4
-7We///�,er 1996, by and between the CITY OF AUBURN,
5 a municipal corporation of the State of Washington, whose
6 address is 25 West Main, Auburn, WA 98001, hereinafter
7 referred to as "CITY" and VADIS NORTHWEST, a nonprofit
8 corporation of the State of Washington, whose address 1701 Elm
9 Street, Sumner, WA 98390, hereinafter referred to as "VADIS".
10 In consideration of the covenants and conditions herein
11 the parties agree as follows:
12 1. PURPOSE.
13 The purpose of this Agreement is to contract with
14 VADIS NORTHWEST, a non-profit corporation that develops
15 employment for individuals with disabilities, for a twelve-
16 month litter clean-up program as well as other maintenance
17 tasks for either the City' s Street, Water, Sewer, Storm
18 Drainage or Equipment Rental Divisions.
19 2 . SCOPE OF WORK.
20 VADIS agrees to perform the following services
21 A. SPECIFIC TASKS.
22 (1) SOLID WASTE. VADIS will collect and
23 remove litter, trash and debris from the
24 shoulders of CITY traveled ways (including
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit "A" Resolution No. 2712
January 18, 1996 Page 1
1
but not limited to streets, roads, alleys,
2
paths and parkways) , public parking lots
3
and other designated areas on Monday,
4
Tuesday, and Wednesday of each work week
5
On Thursday and Friday other maintenance
6
tasks will be performed for either the
7
Street, Water, Sewer, Storm Drainage or
8
Equipment Rental Divisions. However, the
9
Division for whom tasks are to be
10
performed may be changed by the CITY'S
11
Solid Waste Supervisor as provided in
12
paragraph (5) on page 3 at the CITY'S
13
discretion to meet its needs
14
(2) EQUIPMENT RENTAL.
15
Wash and clean designated CITY vehicles as
16
assigned on Thursday or Friday.
17
(3) SEWER.
18
Remove weeds and perform other landscaping
19
duties as assigned on Thursday or Friday.
20
(4) STORM DRAINAGE.
21
Collect and remove tree leaves, limbs,
22
trash and other debris from the top of
23
storm water catch basins and from the
24
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit "A" Resolution No. 2712
January 18, 1996 Page 2
1
sidewalk curbs and gutters as assigned on
2
Thursday or Friday.
3
(5) JOB ASSIGNMENT PRIORITIES.
4
Task assignments are subject to change and
5
prioritization by the CITY Solid Waste
6
Supervisor, Maintenance and Operations
7
Division, Department of Public Works
8
B. EXAMINATION OF WORK SITES.
9
VADIS shall examine all work sites thoroughly
10
before commencing work at the site It shall be the
11
responsibility of VADIS to verify all the duties,
12
assignments, and job sites All existing conditions
13
at the job site will be noted and copies with
14
verification noted, given to the CITY'S Solid Waste
15
Supervisor on a daily basis
16
C HOURS.
17
VADIS shall perform tasks to completion between
18
the hours of 9: 00 AM and 3 : 00 PM Monday through
19
Friday VADIS shall recognize the same observed
20
holidays as the CITY and in addition VADIS
21
recognizes the national holiday for Martin Luther
22
King, Jr
23
24
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit "A" Resolution No. 2712
January 18, 1996 Page 3
1
3 . TERM.
2
This Agreement shall commence and be in effect on
3
March 1, 1996 The Agreement will expire on February 28,
4
1997.
5
4 . COMPENSATION.
6
The CITY agrees to pay the sum of FOUR THOUSAND
7
SIXTY-FIVE DOLLARS and 00/100 ($4 , 065. 00) per month, not to
8
exceed a maximum amount of FORTY-EIGHT THOUSAND SEVEN HUNDRED
9
EIGHTY DOLLARS and 00/100 ($48, 780 00) for the term of this
10
Agreement Such payment shall be full compensation for all
11
work performed and/or services rendered and for all
12
supervision, labor, supplies, materials, employees, equipment
13
and all incidentals necessary to complete services under this
14
Agreement. Payment shall be made by U.S. Mail within thirty
15
(30) days following receipt of properly submitted monthly
16
invoices provided by VADIS to the CITY' S Maintenance and
17
Operation Division. The contract number must appear on all
18
invoices submitted Full payment will be made to VADIS only
19
after services are satisfactorily performed.
20
All services are to be performed in a good
21
workmanship manner to the satisfaction of the Public Works
22
Department/Maintenance and Operations Division If VADIS
23
fails to perform or delays in performing work assigned by the
24
CITY in accordance with the specified instructions and actual
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit"A" Resolution No. 2712
January 18, 1996 Page 4
1
damages to the CITY are either difficult or impossible to
2
determine, VADIS agrees the monthly payment may be reduced in
3
such amount as in the judgment of the CITY shall compensate
4
the CITY for inconvenience resulting from VADIS' failure to
5
perform, from its inadequate performance or from its delay in
6
performance
7
5. RESPONSIBILITY OF VADIS.
8
VADIS shall be responsible for the following
9
A. The performance and accomplishment of tasks and
10
work assigned in accordance with paragraph 2
11
herein.
12
B The performance of all work as provided in
13
under this Agreement with its own employees
14
Individuals who perform work under this
15
Agreement must be carried on VADIS' payroll
16
VADIS is responsible for administering and
17
paying employee wages, benefits and all other
18
employee-related costs. Although VADIS company
19
headquarters may be located outside of Auburn,
20
Washington, VADIS shall provide in the Auburn
21
geographical area a full-time supervisor who
22
will continuously oversee VADIS employee work
23
and will have authority to represent VADIS in
24
the day-to-day activities The VADIS
25
26
Agreement Vadis Northwest {a-vn9G}
Exhibit "A" Resolution No. 2712
January 18, 1996 Page 5
1
supervisor must be trained in traffic control
2
and must possess a "Traffic Control Flagging
3
License" certified by the State of Washington
4
VADIS will provide the supervisor' s name,
5
address and telephone number to the CITY'S
6
Solid Waste Supervisor at the beginning of the
7
contract period.
8
C VADIS shall prohibit its employees from
9
disturbing papers on desks, opening desk
10
drawers and cabinets, entering the central
11
stores area, or using CITY telephones or office
12
equipment
13
D. VADIS is responsible for the security of
14
facilities where assigned tasks are performed
15
as well as tools, equipment, safety gear,
16
traffic control devices and any other items
17
which may be supplied by the CITY for VADIS '
18
use in the performance of contracted duties.
19
No equipment or supplies will be removed from
20
CITY premises except as required for the
21
performance of assigned duties.
22
E. VADIS shall prohibit small children from being
23
on any work site area during the time services
24
are being performed.
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit"A" Resolution No. 2712
January 18, 1996 Page 6
1
F VADIS shall provide CITY with a quality control
2
system acceptable to the CITY within ten days
3
of the date of the Agreement. The quality
4
control system shall be a plan specifying how
5
VADIS will accomplish maintaining the level of
6
performance required under this Agreement
7
Quality control statements shall be provided to
8
the CITY'S Solid Waste Supervisor on a monthly
9
basis.
10
G. VADIS shall provide a motor vehicle to
11
transport its employees to and from the
12
designated work sites VADIS' vehicle shall be
13
well identified with signs and equipped with
14
safety warning lights, strobe light and
15
emergency flashers
16
H. VADIS shall provide rain gear, foul weather
17
gear, footwear as required and clothing as
18
needed for its employees.
19
I VADIS employees shall tie litter bags filled
20
with litter, trash and debris at the top and
21
place them along the road shoulders in a manner
22
which will not cause a safety hazard to the
23
motoring public.
24
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit"A" Resolution No. 2712
January 18, 1996 Page 7
1
2 J VADIS shall follow accepted safety practices in
3 the performance of all work. After every work
shift of litter clean-up and other assigned
4
5 tasks and services the following shall be done:
6 the work areas shall be inspected for fire
hazards; electrical or power machines and/or
7
equipment shall be turned off; outside doors
8
and windows closed and locked; gates closed and
9
locked and all miscellaneous work tools and
10
equipment shall be inspected and put away
11
6. RESPONSIBILITY OF CITY.
12
A The CITY shall supply litter bags to VADIS
13
for its use in the collection of litter, trash and
14
debris CITY work crews will collect and dispose of
15
the filled bags
16
B The CITY shall supply traffic control
17
devices, e.g , signs and traffic cones to VADIS so
18
VADIS can place the traffic devices at work site(s)
19
20 to protect its employees while performing services
under this Agreement. The CITY shall also provide
21
hard hats and reflective traffic vests.
22
23 C The CITY shall supply all grounds
maintenance equipment and hand tools as needed, to
24
25
26
Agreement Vadis Northwest {a-vn9G}
Exhibit "A" Resolution No. 2712
January 18, 1996 Page 8
1
perform duties under this Agreement for outside
2
grounds maintenance.
3
D. The CITY shall provide VADIS and its
4
Auburn supervisor a copy of the daily work schedule
5
and any change notices to use as a basic guide for
6
the distribution of work each week. The work
7
schedule may be changed as deemed appropriate by the
8
CITY and a copy of such changes provided to VADIS
9
and its Auburn supervisor The CITY shall determine
10
the priority to be given the various assignments.
11
The CITY shall verify that all services are
12
performed as scheduled. At the end of each month
13
the CITY shall note all services as either (S)
14
Satisfactory or (U) Unsatisfactory If any services
15
have been rated (U) , the CITY shall contact VADIS to
16
discuss the deficiency and action necessary to
17
correct the deficiency
18
7 . INDEMNIFICATION/HOLD HARMLESS.
19
VADIS agrees to defend, indemnify and hold harmless
20
the CITY, its elected and appointed officials, employees and
21
agents from any and all claims, demands and/or causes of
22
action of any kind or character whatsoever arising out of or
23
relating to VADIS, its officers, employees, subcontractors or
24
agents for any and all claims by any persons for alleged
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit "A" Resolution No. 2712
January 18, 1996 Page 9
1
personal injury, death or damage to their persons or property
2
to the extent caused by the negligent acts, errors or omission
3
of VADIS, its officers, employees, agents, subcontractors or
4
representatives and arising out of its performance of this
5
Agreement. In the event that any suit or claim for damage is
6
brought against the CITY, VADIS shall defend the CITY at its
7
sole cost and expense; provided that the CITY retains the
8
right to participate in said suit if any principle of
9
governmental or public laws is involved; and if final judgment
10
be rendered against the CITY and/or its officers, agents or
11
employees or any of them, or jointly against the CITY and
12
VADIS and its respective officers, agents, subcontractors,
13
employees or any of them, VADIS agrees to fully satisfy the
14
same and VADIS shall reimburse the CITY for any cost and
15
expense which the CITY has incurred as a result of such claim
16
or suit. The provisions of this section shall survive the
17
expiration or termination of this Agreement
18
8. INDEPENDENT CONTRACTOR/ASSIGNMENT.
19
The parties agree and understand that VADIS is an
20
independent contractor and not the agent or employee of the
21
CITY and that no liability shall attach to the CITY by reason
22
of entering into this Agreement except as otherwise provided
23
herein The parties agree that this Agreement may not be
24
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit "A" Resolution No. 2712
January 18, 1996 Page 10
1
assigned in whole or in part without the written consent of
2
the CITY.
3
9. I_NSURANCE.
4
VADIS shall procure and maintain for the duration of this
5
Agreement, comprehensive general liability insurance against
6
claims for injuries to persons or damage to property which may
7
arise from or in conjunction with services provided to the
8
CITY by VADIS, its officers, agents, employees or
9
subcontractors, under this Agreement. VADIS agrees to provide
10
comprehensive general liability insurance and shall maintain
11
liability limits of no less then ONE MILLION DOLLARS
12
($1, 000, 000) combined single limit per occurrence for bodily
13
injury, personal injury and property damage
14
The general liability coverage shall also provide that
15
the CITY, its officers, employees and agents are to be covered
16
as additional insureds as respects Liability arising out of
17
the services or responsibilities performed by or under
18
obligation of VADIS under the terms of this Agreement, by
19
VADIS, its employees, agents and subcontractors
20
Liability coverages shall provide that VADIS ' insurance
21
coverage shall be primary insurance as respects the CITY, its
22
officials, employees and agents. Any insurance or self
23
insurance maintained by the CITY, its officials, employees or
24
agents shall be excess to VADIS' insurance and shall not
25
26
Agreement Vadis Northwest (a-vn96}
Exhibit"A" Resolution No. 2712
January 18, 1996 Page 11
1
contribute with it Each insurance policy required by this
2
section of the Agreement shall be endorsed to state that
3
coverage shall not be suspended, voided, cancelled, reduced in
4
coverage or in limits except after forty (40) days prior
5
written notice by certified mail return receipt requested has
6
been given to the CITY VADIS agrees to provide copies of the
7
certificates of insurance to the CITY specifying the coverage
8
required by this section at the time that this Agreement takes
9
effect. The CITY reserves the right to require that complete,
10
certified copies of all required insurance policies be
11
submitted to the CITY at any time.
12
10 NONDISCRIMINATION.
13
VADIS may not discriminate regarding any services or
14
activities to which this Agreement may apply directly or
15
through contractual, hiring, or other arrangements on the
16
grounds of race, color, creed, religion, national origin, sex,
17
age, or where there is the presence of any sensory, mental or
18
physical handicap.
19
11 RECORDS AND DOCUMENTS.
20
VADIS agrees to maintain all books and records relating
21
to its operation and concerning this Agreement for a period of
22
three (3) years following the date that this Agreement is
23
expired or otherwise terminated VADIS further agrees that
24
the CITY may inspect any and all documents held by VADIS and
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit "A" Resolution Na 2712
January 18, 1996 Page 12
1
relating to this Agreement upon good cause at any reasonable
2
time within the three (3) year period. VADIS also agrees to
3
provide to the CITY, at the CITY 'S request, the originals of
4
all documents and information compiled in providing services
to the CITY under the terms of this Agreement.
6
12 . TERMINATION OF AGREEMENT.
7
This Agreement may be terminated by either party upon
8
thirty (30) days written notice to the other party, and based
9
upon any cause In the event of a breach by VADIS of any of
10
the provisions of this Agreement, CITY reserves the right to
11
cancel and terminate the Agreement upon written notification
12
In the event of termination due to VADIS' breach it shall be
13
paid by the CITY for satisfactory services performed to the
14
date of termination.
15
13 . RENEWAL.
16
CITY shall have the option to renew this Agreement for
17
five additional one-year (1) terms with compensation the only
18
negotiable item The option must be exercised by written
19
notice sixty (60) days before the expiration of the term of
20
the Agreement
21
22
23
24
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit "A" Resolution No. 2712
January 18, 1996 Page 13
1
14. GENERAL PROVISIONS.
2
14 . 1 This Agreement shall be governed by the laws,
3
regulations and ordinances of the City of Auburn, the State of
4
Washington, King County, and where applicable, Federal laws.
5
14 .2 . All claims, disputes and other matters in question
6
arising out of, or relating to, this Agreement or the breach
7
hereof, except with respect to claims which have been waived,
8
will be decided by a court of competent jurisdiction in King
9
County, Washington. Pending final decision of a dispute
10
hereunder, VADIS and the CITY shall proceed diligently with
11
the performance of the services and obligations herein.
12
14 . 3 . The CITY and VADIS respectively bind themselves,
13
their partners, successors, assigns, and legal representatives
14
to the other party to this Agreement with respect to all
15
covenants to this Agreement
16
14. 4 . This Agreement represents the entire and
17
integrated Agreement between the CITY and VADIS and supersedes
18
all prior negotiations, representations or agreements either
19
oral or written. This Agreement may be amended only by
20
written instrument signed by both the CITY and VADIS.
21
14 . 5 Should it become necessary to enforce any term or
22
obligation of this Agreement, then all costs of enforcement
23
including reasonable attorneys fees, expenses and court costs
24
shall be paid to the substantially prevailing party
25
26
Agreement Vadis Northwest {a-vn96}
Exhibit "A" Resolution No. 2712
January 18, 1996 Page 14
1
14 6. VADIS agrees to comply with all local, state and
2
federal laws applicable to its performance under this
3
Agreement.
4
5
6 CITY OF AUBURN
7
9 CHARLES A. BOOTH
MAYOR
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12 ATTEST:
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14 ��Wtakt a-
15 Robin Wohlhueter,
16 City Clerk
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18 APPROVED AS TO FORM
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20 Q114(
21 Michael J. Reynolds,
22 City Attorney
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Agreement Vadis Northwest {a-vn96}
Exhibit "A"Resolution No. 2712
January 18, 1996 Page 15
1 VADIS NORTHWEST
BY 76
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TITLE
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STATE OF WASHINGTON )
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COUNTY OF KING
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On this /-7 day of -GJ/"L(a/-L/ , 1996, before
12 me, the undersigned, a Notary Tic in. gnd f the State of
Washington, personally app ared C'Jt ,/A fOrti r?,Q�,I4(fl
13 to me known to be the / , of
VADIS NORTHWEST, the non rofit corporation who executed the
14 within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said
15 nonprofit corporation for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to
16 execute said instrument on behalf of said nonprofit
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.
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20 , tff$\%21 /44
22 a 9-29-e7 )
yet AUs�t0I0` NOTARY PUBLIC in and for he tine of%23 % F ........• ` O * Washington, residing at -',1�F !
24 �op1WAS�� MY COMMISSION expires DC_� �_6
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Agreement Vadis Northwest {a-vn96}
Exhibit"A" Resolution No. 2712
January 18, 1996 Page 16
Kyo F CltnRteSA rBOOTHIA oR � \ AUBURN CITY ATTORNEY
Alchncl 1.Rcr'nolJs Gts Auo"tcr JuJ C Ansa iIh . ' Assuiaul Cm Attorucr ■llaa■ 1` 25 WesMain, Auburn WA 98001-4998
Karen C Gulhcer, hrosccuior l (206) 931-3030
MO /
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 2712 of the resolutions of the City of
Auburn, entitled "RESOLUTION NO "
I certify that said Resolution No 2712 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 my hand and the seal of the City of Auburn this 16th
day of February, 1996
Robin Wohlhueter
City Clerk
City of Auburn