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HomeMy WebLinkAbout2802 1 RESOLUTION NO 2 8 0 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 SERVICES WITH THE AUBURN CHRISTIAN ACTION 5 PROGRAM DAY CARE (KNOWN AS "ACAP DAY CARE" ) TO PROVIDE PARENTING CLASSES FOR AUBURN RESIDENTS DURING 1997 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 9 Section 1 The Mayor and City Clerk of the City of 10 Auburn, Washington, are hereby authorized to enter into an 11 12 Agreement for Services with the Auburn Christian Action 13 Program Day Care (known as "ACAP Day Care" ) to provide 14 parenting classes for Auburn residents during 1997 A copy of 15 the Agreement is attached and is designated as Exhibit "A" and 16 17 is incorporated by reference in this Resolution lg Section 2 The Mayor is hereby authorized to implement 19 such administrative procedures as may be necessary to carry 20 out the directives of this legislation 21 22 23 24 25 26 Resolution No 2802 January 28, 1997 Page 1 1 2 DATED and SIGNED this 18th day of February, 1997 3 4 CITY OF AUBURN 5 6 0110111- 1'� 8 CHARLES A BOOTH MAYOR 9 10 11 ATTEST 12 13 14 ti4C4 Q�/ 6 v 15 Robin Woh hueter, City Clerk 16 17 18 APPROVED AS TO FORM 19 20 tOci-A 21 Michael J Reynolds, 22 City Attorney 23 24 25 26 Resolution No 2802 January 28, 1997 Page 2 ORIGINAL AGREEMENT FOR SERVICES 2 3 THIS AGREEMENT made and entered into this day of 4 , 1997, 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 21 The purpose of this Agreement is to provide for an 22 appropriation to ACAP DAY CARE for providing parenting classes 23 to low income parents of families residing in Auburn who are 24 substantially at risk for child abuse or neglect during the 25 26 Agreement ACAP DAY CARE 1997 Exhibit"A"Resolution No.2802 January 28, 1997 Cc/\agree\appte97) Page I A' 1 2 199 term This continued support is in recognition of the 3 fact that the demand for the parenting services delivered by 4 the ACAP DAY CARE through its APPLE parenting program 5 continue to rise 6 2 SCOPE OF SERVICES• 7 The parties agree and understand that ACAP DAY CARE 8 agrees to provide parenting classes through its APPLE 9 parenting program to low income parents of families residing 10 in Auburn who are substantially at risk for child abuse or 11 neglect APPLE Program parenting services shall include but 12 are not limited to those services described as follows 13 A Prevention of child abuse and neglect through 14 parenting classes offering hands on training which 15 utilizes instructors modeling positive parenting 16 techniques enabling parents to develop and improve 17 their skills in caring for and nurturing their 18 children 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 programs 23 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit"A Resolution No.2802 January 28,1997 [d\agree\appl e97) Page 2 1 2 3 . TERM. 3 The term of this Agreement shall commence on January 1, 4 1997 and shall expire on December 31, 1997 5 4 COMPENSATION. 6 As full and total payment for the services provided under 7 this Agreement, the CITY agrees to pay ACAP DAY CARE the 8 total amount of EIGHT THOUSAND DOLLARS ($8 , 000) ACAP DAY 9 CARE will submit a statement to the CITY quarterly describing 10 services that it has rendered under the terms of this 11 Agreement and the CITY will pay an amount equal to one-quarter 12 of the total amount by the twenty-eighth (28th) day of the 13 month following the end of the quarter However, the final 14 statement of services rendered will be submitted on or before 15 December 15 , 1997 16 5 INDEMNIFICATION. 17 ACAP DAY CARE agrees to defend, indemnify, and hold 18 harmless the CITY, its elected and appointed officials, 19 employees and agents from and against any and all claims, 20 demands and/or causes of action of any kind or character 21 whatsoever arising out of or relating to services provided by 22 ACAP DAY CARE, its employees, volunteers or agents concerning 23 any and all claims by any persons for alleged injury or damage 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit A Resolution No.2802 January 28, 1997 (d\agree\appLe97) Page 3 1 2 to persons or property to the extent caused by the negligent 3 acts, errors or omissions of ACAP DAY CARE, its employees, 4 volunteers or agents or representatives In the event that 5 any suit or claim for damages based upon such claim, action, 6 loss or damage is brought against the CITY, ACAP DAY CARE shall defend the same as its sole costs and expense; provided 8 that the CITY retains the right to participate in said suit if 9 any principle of governmental or public law is involved; and 10 if final judgment be rendered against the CITY and/or its 11 officers, elected officials, agents and employees or any of 12 them or jointly against the CITY and ACAP DAY CARE and their 13 respective officers, agents, volunteers, employees or any of 14 them, ACAP DAY CARE shall fully satisfy the same and shall 15 reimburse the CITY any costs and expense which the CITY has 16 incurred as a result of such claim or suit The provisions of 17 this section shall survive the expiration or termination of 18 this Agreement 19 6 INDEPENDENt CONTRACTOR/ASSIGNMENT. 20 The parties agree and understand that ACAP DAY CARE is an 21 independent contractor and not the agent or employee of the 22 CITY and that no liability shall attach to the CITY by reason 23 of entering into this Agreement except as provided herein 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit A Resolution No 2802 January 28,1997 (d\agree\apple97) Page 4 1 2 The services required under this Agreement may not be assigned 3 or subcontracted by ACAP DAY CARE without the prior written 4 consent of the CITY 5 7 INSURANCE. 6 ACAP DAY CARE shall procure and maintain for the duration of this Agreement insurance against claims for injuries to 8 persons or property which may arise from or in connection with 9 services provided by ACAP DAY CARE, it agents, employees or 10 volunteers under this Agreement ACAP DAY CARE agrees to 11 provide comprehensive general liability insurance and shall 12 maintain liability limits of not less than ONE MILLION DOLLARS 13 ($1, 000, 000) combined single limit coverage per occurrence for 14 bodily injury, personal injury and property damage ACAP DAY 15 CARE shall also provide and maintain professional liability 16 coverage including errors and omissions coverage in the 17 minimum liability amount of ONE MILLION DOLLARS ($1, 000 , 000) 18 combined single limit per occurrence for bodily injury, 19 personal injury and property damage Any deductibles or self 20 insured retentions in either policies must be declared to and 21 approved by the CITY At the option of the CITY either The 22 insurer shall reduce or eliminate such deductibles or self 23 insured retentions as respects the CITY, its officials and 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit"A Resolution No.2802 January 28, 1997 (d\agree\appLe97) Page 5 1 2 employees; or, ACAP DAY CARE shall procure a bond guaranteeing 3 payment of losses and related investigations, claim 4 administration and defense expenses The policies are to 5 contain or be endorsed to contain the following provisions 6 1 GENERAL LIABILITY COVERAGE: 7 (a) The CITY, its elected and appointed officials, 8 employees and agents are to be covered as insureds 9 as respects Liability arising out of services and 10 activities performed by or on behalf of ACAP DAY 11 CARE, its employees, agents and volunteers The 12 coverage shall contain no special limitations on the 13 scope of protection afforded to the CITY, its 14 elected and appointed officials, employees or 15 agents 16 2 GENERAL LIABILITY AND PROFESSIONAL LIABILITY 17 COVERAGES: 18 (a) ACAP DAY CARE ' S insurance coverage shall be 19 primary insurance as respects the CITY, its 20 officials, employees and agents Any insurance 21 or self insurance maintained by the CITY, its 22 officials, employees or agents shall be in 23 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit A Resolution No.2802 January 28,1997 (d\agree\appl e97) Page 6 1 2 excess of ACAP DAY CARE ' S insurance and shall 3 not contribute with it 4 (b) Any failure to comply with reporting provisions 5 of the policy shall not affect coverage 6 provided to the CITY, its officials, employees 7 or agents 8 (c) Coverage shall state that ACAP DAY CARE ' S 9 insurance shall apply separately to each 10 insured against whom claim is bought or suit is 11 brought except with respect to the limits to 12 the insurer ' s liability 13 (d) Each insurance policy required by this clause 14 shall be endorsed to state that coverage shall 15 not be suspended, voided, canceled, reduced in 16 coverage, or in limits except after thirty (30) 17 days prior written notice by certified mail 18 return receipt requested has been given to the 19 CITY ACAP DAY CARE agrees to provide copies 20 of the Certificates of Insurance to the CITY at 21 the time that this Agreement takes effect 22 (e) ACAP DAY CARE shall furnish the CITY with 23 Certificates of Insurance and with original 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit A Resolution No 2802 January 28, 1997 <d\agree\apple97) Page 7 1 2 endorsements affecting coverage required by 3 this clause The certificate and endorsements 4 for each insurance policy are to be signed by a 5 person authorized by that insurer to bind 6 coverage on its behalf The CITY reserves the 7 right to require complete, certified copies of 8 all required insurance policies at any time 9 (f) ACAP DAY CARE shall include all volunteers, 10 employees and agents under its policies or 11 shall furnish separate certificates and 12 endorsements for each All coverages for 13 volunteers shall be subject to all the 14 requirements stated herein 15 8 . NONDISCRIMINATION 16 ACAP DAY CARE shall not discriminate under any services 17 or programs to which this Agreement may apply directly or 18 through contractual or other arrangements on the grounds of 19 race, color, creed, religion, national origin, sex, age, or 20 the presence of any sensory, mental or physical handicap 21 22 23 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit A Resolution No 2802 January 28,1997 Cd\agree\apple97> Page 8 1 2 9 BOOKS AND RECORDS , 3 ACAP DAY CARE agrees to maintain separate accounts and 4 records in accordance with State Auditbr' s procedures, 5 including personnel, property, financial and programmatic 6 records which sufficiently reflect direct and indirect costs and services performed under this Agreement ACAP DAY CARE 8 agrees to maintain all books and records relating to this 9 Agreement for a period of three (3) years following the date 10 that this Agreement is expired or otherwise terminated The 11 parties agree that the CITY OF AUBURN may inspect such 12 documents upon good cause at any reasonable time within the 13 three (3 ) year period 14 10 TERMINATION OF AGREEMENT. 15 This Agreement may be terminated by either party upon ten 16 (10) days written notice should the other party fail 17 substantially to perform in accordance with its terms through 18 no fault of the other 19 11. GENERAL PROVISIONS . 20 11 1 ACAP DAY CARE agrees to submit a report to the 21 CITY no later than December 15, 1997, 22 describing the progress and activities 23 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit A"Resolution No 2802 January 28, 1997 (al\agree\appte97) Page 9 1 2 performed for the year 1997 under its scope of 3 services 4 11 2 This Agreement shall be governed by the laws, 5 regulations and ordinances of the City of 6 Auburn, the State of Washington, and County of King and where applicable, Federal laws 7 8 11 3 The CITY and ACAP DAY CARE respectively bind 9 themselves, their successors, volunteers, 10 assigns and legal representatives to the other 11 party to this Agreement and with respect to 12 all covenants to this Agreement 13 11 4 This Agreement represents the entire and 14 integrated Agreement between the CITY and ACAP 15 DAY CARE and supersedes all prior negotiations 16 This Agreement may be amended only by written 17 instrument signed by both the CITY and ACAP DAY 18 CARE 19 11 5 Should it become necessary to enforce any term 20 or obligation of this Agreement , then all costs 21 of enforcement including attorneys fees and 22 expenses and court costs shall be paid to the 23 substantially prevailing party 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit A Resolution No 2802 January 28,1997 (d\agree\apple97) Page 10 1 2 11 6 ACAP DAY CARE agrees to comply with all local, 3 state and federal laws applicable to its 4 performance under this Agreement 5 6 CITY OF AUBURN 7 pp Cltat"les (1 9 CHARLES A BOOTH 10 MAYOR 11 ATTEST 12 13 14 Robin Wohlhueter, 15 City Clerk 16 17 18 APPROVED AS TO FORM 19 20 Michael J Reynolds, 21 City Attorney 22 23 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit"A Resolution No.2802 January 28, 1997 (d\agree\apple97) Page 11 1 ACAP DAY CARE 2 3 BY � r�/��'C 4 5 _,t, � 6 TITLE <C)'ee.A. '� i2 c"71_2 7 8 g STATE OF WASHINGTON ) ) ss 10 COUNTY OF KING 11 On this 9.541 day of 019/01_, , 1997, before 12 me, the undersigned, a Notary Publ' c in and fo , the�MState of Washington, personally appeared -�IQj(Q�'1dji\o, 4I✓V1 I t 141 , 13 to me known to be the Executive Director of ACAP DAY CARE, he 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 17 of said non-profit corporation 18 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth 19 ,,,.., 20 Id�QP oStoH Qy s C Aptii:Po q_ ■ U ° NOTARY ' • 21 PUBLIC ; NOTARY PUBLIC in and ! or be St-te of 22 .'3 4-20-99 p='` 11� Washington, residing in l NC II I 23 FoFtyASN��i/ MY COMMISSION expires 24 25 26 Agreement ACAP DAY CARE 1997 Exhibit A"Resolution No 2802 January 28,1997 (d\agree\appte97) Page 12 CO Of Arf: ;. CHARLES A BOOTH,MAYOR AUBURN CITY CLERK Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001 Dani Daskam,Deputy City Clerk City Clerk.(206)931-3039 Tame Bothell, Records/License Clerk Business Registration:(206)931-3007 Fax (206)931 3053 n110, 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 2802 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2802." I certify that said Resolution No 2802 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 18th day of February, 1997; Witness my hand and the seal of the City of Auburn this 20th day of June, 1997 Robin Wohlhueter City Clerk City of Auburn