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
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7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
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Section 1 The Mayor and City Clerk of the City of
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Auburn, Washington, are hereby authorized to enter into an
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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
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the Agreement is attached and is designated as Exhibit "A" and
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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
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Resolution No 2802
January 28, 1997
Page 1
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2 DATED and SIGNED this 18th day of February, 1997
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4 CITY OF AUBURN
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0110111- 1'�
8 CHARLES A BOOTH
MAYOR
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10
11
ATTEST
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14 ti4C4 Q�/ 6 v
15 Robin Woh hueter,
City Clerk
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17
18 APPROVED AS TO FORM
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20
tOci-A
21
Michael J Reynolds,
22 City Attorney
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Resolution No 2802
January 28, 1997
Page 2
ORIGINAL
AGREEMENT FOR SERVICES
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THIS AGREEMENT made and entered into this day of
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, 1997, by and between the CITY OF AUBURN, a
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municipal corporation of the State of Washington, hereafter
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referred to as "CITY" , and AUBURN CHRISTIAN ACTION PROGRAM DAY
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CARE, a non-profit corporation organized under the laws of the
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State of Washington, whose address is 1102 J Street SE,
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Auburn, Washington 98002 , hereinafter referred to as "ACAP DAY
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CARE"
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WHEREAS, ACAP DAY CARE provides a valuable service to the
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CITY and its residents through the provision of its A Positive
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Parenting Learning Experience program (APPLE) ; and
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WHEREAS, the CITY is interested in continuing support of
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parenting classes to parents of families residing in Auburn
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which are substantially at risk for child abuse or neglect;
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NOW, THEREFORE, In consideration of the covenants and
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conditions of this Agreement, the parties agree as follows
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1 PURPOSE.
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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
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26
Agreement ACAP DAY CARE 1997
Exhibit"A"Resolution No.2802
January 28, 1997 Cc/\agree\appte97)
Page I
A'
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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
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Agreement ACAP DAY CARE 1997
Exhibit"A Resolution No.2802
January 28,1997 [d\agree\appl e97)
Page 2
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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
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Agreement ACAP DAY CARE 1997
Exhibit A Resolution No.2802
January 28, 1997 (d\agree\appLe97)
Page 3
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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
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Agreement ACAP DAY CARE 1997
Exhibit A Resolution No 2802
January 28,1997 (d\agree\apple97)
Page 4
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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
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Agreement ACAP DAY CARE 1997
Exhibit"A Resolution No.2802
January 28, 1997 (d\agree\appLe97)
Page 5
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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
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Agreement ACAP DAY CARE 1997
Exhibit A Resolution No.2802
January 28,1997 (d\agree\appl e97)
Page 6
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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
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Agreement ACAP DAY CARE 1997
Exhibit A Resolution No 2802
January 28, 1997 <d\agree\apple97)
Page 7
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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
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Agreement ACAP DAY CARE 1997
Exhibit A Resolution No 2802
January 28,1997 Cd\agree\apple97>
Page 8
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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
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Agreement ACAP DAY CARE 1997
Exhibit A"Resolution No 2802
January 28, 1997 (al\agree\appte97)
Page 9
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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
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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
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Agreement ACAP DAY CARE 1997
Exhibit A Resolution No 2802
January 28,1997 (d\agree\apple97)
Page 10
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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
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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