HomeMy WebLinkAbout2803 1
RESOLUTION NO 2 8 0 3
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 CHILD
CARE TO 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
11 Auburn, Washington, are hereby authorized to enter into an
12 Agreement for Services with the Auburn Christian Action
13 Program Day Care (known as "ACAP Day Care" ) to provide child
14 care to Auburn residents during 1997 A copy of the Agreement
15
is attached and is designated as Exhibit "A" and is
16
17 incorporated by reference in this Resolution
18 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
DATED and SIGNED this 18th day of February, 1997
22
23
24
25
26
Resolution No 2803
January 15, 1997
Page 1
1
2 CITY OF AUBURN
3
4
6 CHARLES A BOOTH
MAYOR
7
8
9 ATTEST
10
11
,
12 /'
obin Wohlhueter,
13 City Clerk
14
15
16 APPROVED AS TO FORM
17
18 t ' 'I 11
19
Michael J Reynolds,
20 City Attorney
21
22
23
24
25
26
Resolution No 2803
January 14, 1997
Page 2
ORIGINAL
AGREEMENT FOR SERVICES
2
3
THIS AGREEMENT made and entered into this ,1514-1 day of
4
5 0 /pit 4, , 1997, by and between the CITY OF AUBURN, a
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 day care
13
services for low income Auburn residents ; and
14
WHEREAS, the CITY is interested in continuing support of
15
the day care services, including early intervention and
16
17 therapeutic child development services, for low income Auburn
18 residents;
19 NOW, THEREFORE, In consideration of the covenants and
20 conditions of this Agreement , the parties agree as follows
21 1 PURPOSE.
22 The purpose of this Agreement is to provide for an
23 appropriation to ACAP DAY CARE for providing child care to
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 (D\Agree\ACAP97}
Page 1
1
2 Auburn residents during the 1997 term This continued support
3 is in recognition of the fact that the demand for the services
4 delivered by the ACAP DAY CARE continues to rise
5 2 . SCOPE OF SERVICES.
6 The parties agree and understand that ACAP DAY CARE
7 agrees to provide child care services, which may include early
8 intervention and therapeutic child development services, to
9 low income Auburn residents at ACAP DAY CARE ' S facilities
10 located in Auburn Child care services shall include but are
11 not limited to those services described as follows
12 A Care for infants and toddlers which offers
13 opportunities for children to grow and develop and
14 assists parents in improving their skills in caring
15 for and nurturing their children
16 B Prevention of child abuse and neglect through the
17 use of day care and by giving parents and children a
18 time out from each other when the parent is out of
19 control, angry or upset, or overwhelmed by the
20 responsibilities of parenthood
21 In addition, ACAP DAY CARE agrees to work closely with
22 the CITY OF AUBURN in developing and improving other ways to
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 (D\Agree\ACAP97)
Page 2
1
2 address the needs of Auburn families served through ACAP DAY
3 CARE
4 3 TERM.
5 The term of this Agreement shall commence on January 1,
6 1997 and shall expire on December 31, 1997
4 COMPENSATION.
8 As full and total payment for the services provided under
9 this Agreement, the CITY agrees to pay ACAP DAY CARE the
10 total amount of SIXTEEN THOUSAND THREE HUNDRED EIGHTY DOLLARS
11 ($16 , 380) ACAP DAY CARE will submit a statement to the CITY
12 quarterly describing services that it has rendered under the
13 terms of this Agreement and the CITY will pay an amount equal
14 to one-quarter of the total amount by the twenty-eighth (28th)
15 day of the month following the end of the quarter However,
16 the final statement of services rendered will be submitted on
17 or before December 15 , 1997
18 5 INDEMNIFICATION.
19 ACAP DAY CARE agrees to defend, indemnify, and hold
20 harmless the CITY, its elected and appointed officials,
21 employees and agents from and against any and all claims,
22 demands and/or causes of action of any kind or character
23 whatsoever arising out of or relating to services provided by
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 3
1
2 ACAP DAY CARE, its employees, volunteers or agents concerning
3 any and all claims by any persons for alleged injury or damage
4 to persons or property to the extent caused by the negligent
5 acts, errors or omissions of ACAP DAY CARE, its employees,
6 volunteers or agents or representatives In the event that
any suit or claim for damages based upon such claim, action,
8 loss or damage is brought against the CITY, ACAP DAY CARE
9 shall defend the same as its sole costs and expense; provided
10 that the CITY retains the right to participate in said suit if
11 any principle of governmental or public law is involved; and
12 if final judgment be rendered against the CITY and/or its
13 officers, elected officials, agents and employees or any of
14 them or jointly against the CITY and ACAP DAY CARE and their
15 respective officers, agents, volunteers, employees or any of
16 them, ACAP DAY CARE shall fully satisfy the same and shall
17 reimburse the CITY any costs and expense which the CITY has
16 incurred as a result of such claim or suit The provisions of
19 this section shall survive the expiration or termination of
20 this Agreement
21 6 INDEPENDENT CONTRACTOR/ASSIGNMENT.
22 The parties agree and understand that ACAP DAY CARE is an
23 independent contractor and not the agent or employee of the
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 4
1
2 CITY and that no liability shall attach to the CITY by reason
3 of entering into this Agreement except as provided herein
4 The services required under this Agreement may not be assigned
5 or subcontracted by ACAP DAY CARE without the prior written
6 consent of the CITY
7 7 INSURANCE.
8 ACAP DAY CARE shall procure and maintain for the duration
9 of this Agreement insurance against claims for injuries to
10 persons or property which may arise from or in connection with
11 services provided by ACAP DAY CARE, it agents, employees or
12 volunteers under this Agreement ACAP DAY CARE agrees to
13 provide comprehensive general liability insurance and shall
14 maintain liability limits of not less than ONE MILLION DOLLARS
15 ($1, 000 , 000) combined single limit coverage per occurrence for
16 bodily injury, personal injury and property damage ACAP DAY
17 CARE shall also provide and maintain professional liability
18 coverage including errors and omissions coverage in the
19 minimum liability amount of ONE MILLION DOLLARS ($1 , 000 , 000)
20 combined single limit per occurrence for bodily injury,
21 personal injury and property damage Any deductibles or self
22 insured retentions in either policies must be declared to and
23 approved by the CITY At the option of the CITY either The
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 5
1
2 insurer shall reduce or eliminate such deductibles or self
3 insured retentions as respects the CITY, its officials and
4 employees ; or, ACAP DAY CARE shall procure a bond guaranteeing
5 payment of losses and related investigations, claim
6 administration and defense expenses The policies are to
7 contain or be endorsed to contain the following provisions
8 1 GENERAL LIABILITY COVERAGE:
9 (a) The CITY, its elected and appointed officials,
10 employees and agents are to be covered as insureds
11 as respects Liability arising out of services and
12 activities performed by or on behalf of ACAP DAY
13 CARE, its employees, agents and volunteers The
14 coverage shall contain no special limitations on the
15 scope of protection afforded to the CITY, its
16 elected and appointed officials, employees or
17 agents
18 2 GENERAL LIABILITY AND PROFESSIONAL LIABILITY
19 COVERAGES .
20 (a) ACAP DAY CARE ' S insurance coverage shall be
21 primary insurance as respects the CITY, its
22 officials, employees and agents Any insurance
23 or self insurance maintained by the CITY, its
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 6
1
2 officials, employees or agents shall be in
3 excess of ACAP DAY CARE ' S insurance and shall
4 not contribute with it
5 (b) Any failure to comply with reporting provisions
6 of the policy shall not affect coverage
7 provided to the CITY, its officials, employees
8 or agents
9 (c) Coverage shall state that ACAP DAY CARE ' S
10 insurance shall apply separately to each
11 insured against whom claim is bought or suit is
12 brought except with respect to the limits to
13 the insurer ' s liability
14 (d) Each insurance policy required by this clause
15 shall be endorsed to state that coverage shall
16 not be suspended, voided, canceled, reduced in
17 coverage, or in limits except after thirty (30)
18 days prior written notice by certified mail
19 return receipt requested has been given to the
20 CITY ACAP DAY CARE agrees to provide copies
21 of the Certificates of Insurance to the CITY at
22 the time that this Agreement takes effect
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 7
1
2 (e) ACAP DAY CARE shall furnish the CITY with
3 Certificates of Insurance and with original
4 endorsements affecting coverage required by
5 this clause The certificate and endorsements
6 for each insurance policy are to be signed by a
person authorized by that insurer to bind
7
8 coverage on its behalf The CITY reserves the
9 right to require complete, certified copies of
10 all required insurance policies at any time
11 (f) ACAP DAY CARE shall include all volunteers,
12 employees and agents under its policies or
13 shall furnish separate certificates and
14 endorsements for each All coverages for
15 volunteers shall be subject to all the
16 requirements stated herein
17 8 NONDISCRIMINATION
18 ACAP DAY CARE shall not discriminate under any services
19 or programs to which this Agreement may apply directly or
20 through contractual or other arrangements on the grounds of
21 race, color, creed, religion, national origin, sex, age, or
22 the presence of any sensory, mental or physical handicap
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 8
1
2 9 BOOKS AND RECORDS .
3 ACAP DAY CARE agrees to maintain separate accounts and
4 records in accordance with State Auditor ' s procedures,
5 including personnel, property, financial and programmatic
6 records which sufficiently reflect direct and indirect costs
7 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 2803
January 15, 1997 {D\Agree\ACAP97}
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
7 King and where applicable, Federal laws
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 2803
January 15, 1997 {D\Agree\ACAP97}
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
CHARLES A B OTH
9 MAYOR
10 ATTEST
11
12 AIWIL cd, / /
13 Robin Wohlhueter,
City Clerk
14 APPROVED AS TO FORM
15 f ' kiv&
16
Michael J Reynolds,
17 City Attorney
18 ACAP DAY CARE
19
20 BY
21
TITLE 1(8CU 1" € "'-ea"
22
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 11
1
STATE OF WASHINGTON )
2 ) ss
COUNTY OF KING
3
4 On this day of ROLL , 1997, before
me, the undersigned, a Notary Publ�' c,� in and for thel�St/ate of
5 Washington, personally appeared 4 y"II P CU'ldfl a) I�l✓1� ! r Ic K D4
6 to me known to be the Executive Director of ACAP DAY CARE the
non-profit corporation that executed the within and foregoing
7 instrument , and acknowledged said instrument to be the free
and voluntary act and deed of said non-profit corporation for
8 the uses and purposes therein mentioned, and on oath stated
9 that he/she is authorized to execute said instrument on behalf
of said non-profit corporation
10
IN WITNESS WHEREOF, I have hereunto set my hand and
11 affixed my official seal the date hereinabove set forth
12 °
13 0ir���, a (p�t
P Q` 010A E,t,,
14 kl Q .?� R� NOTARY PUBLIC in and for e State of
1 U a NTP1IRN s Washington, residing in a)Iup
15 ■
pUBUC = �
�'� 42099 `C !� MY COMMISSION expires 4%�1v-�/9
16 9FOFW PS\ 0'
17
18
19
20
21
22
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 12
ORIGINAL
1 *K
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 day care
13
services for low income Auburn residents; and
14
WHEREAS, the CITY is interested in continuing support of
15
the day care services, including early intervention and
16
therapeutic child development services, for low income Auburn
17
residents;
18
NOW, THEREFORE, In consideration of the covenants and
19
conditions of this Agreement, the parties agree as follows
20
1 PURPOSE.
21
The purpose of this Agreement is to provide for an
22
appropriation to ACAP DAY CARE for providing child care to
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 1
1
2 Auburn residents during the 1997 term This continued support
3 is in recognition of the fact that the demand for the services
4 delivered by the ACAP DAY CARE continues to rise
5 2 SCOPE OF SERVICES .
6 The parties agree and understand that ACAP DAY CARE
agrees to provide child care services, which may include early
8 intervention and therapeutic child development services, to
9 low income Auburn residents at ACAP DAY CARE ' S facilities
10 located in Auburn Child care services shall include but are
11 not limited to those services described as follows
12 A Care for infants and toddlers which offers
13 opportunities for children to grow and develop and
14 assists parents in improving their skills in caring
15 for and nurturing their children
16 B Prevention of child abuse and neglect through the
17 use of day care and by giving parents and children a
18 time out from each other when the parent is out of
19 control, angry or upset, or overwhelmed by the
20 responsibilities of parenthood
21 In addition, ACAP DAY CARE agrees to work closely with
22 the CITY OF AUBURN in developing and improving other ways to
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 2
1
2 address the needs of Auburn families served through ACAP DAY
3 CARE
4 3 TERM.
5 The term of this Agreement shall commence on January 1,
6 1997 and shall expire on December 31, 1997
4 COMPENSATION.
8 As full and total payment for the services provided under
9 this Agreement , the CITY agrees to pay ACAP DAY CARE the
10 total amount of SIXTEEN THOUSAND THREE HUNDRED EIGHTY DOLLARS
11 ($16 , 380) ACAP DAY CARE will submit a statement to the CITY
12 quarterly describing services that it has rendered under the
13 terms of this Agreement and the CITY will pay an amount equal
14 to one-quarter of the total amount by the twenty-eighth (28th)
15 day of the month following the end of the quarter However,
16 the final statement of services rendered will be submitted on
17 or before December 15 , 1997
18 5 INDEMNIFICATION.
19 ACAP DAY CARE agrees to defend, indemnify, and hold
20 harmless the CITY, its elected and appointed officials,
21 employees and agents from and against any and all claims,
22 demands and/or causes of action of any kind or character
23 whatsoever arising out of or relating to services provided by
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 3
1
2 ACAP DAY CARE, its employees , volunteers or agents concerning
3 any and all claims by any persons for alleged injury or damage
4 to persons or property to the extent caused by the negligent
5 acts, errors or omissions of ACAP DAY CARE, its employees,
6 volunteers or agents or representatives In the event that
7 any suit or claim for damages based upon such claim, action,
8 loss or damage is brought against the CITY, ACAP DAY CARE
9 shall defend the same as its sole costs and expense; provided
10 that the CITY retains the right to participate in said suit if
11 any principle of governmental or public law is involved; and
12 if final judgment be rendered against the CITY and/or its
13 officers, elected officials, agents and employees or any of
14 them or jointly against the CITY and ACAP DAY CARE and their
15 respective officers, agents, volunteers, employees or any of
16 them, ACAP DAY CARE shall fully satisfy the same and shall
17 reimburse the CITY any costs and expense which the CITY has
18 incurred as a result of such claim or suit The provisions of
19 this section shall survive the expiration or termination of
20 this Agreement
21 6 . INDEPENDENT CONTRACTOR/ASSIGNMENT.
22 The parties agree and understand that ACAP DAY CARE is an
23 independent contractor and not the agent or employee of the
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 4
1
2 CITY and that no liability shall attach to the CITY by reason
3 of entering into this Agreement except as provided herein
4 The services required under this Agreement may not be assigned
5 or subcontracted by ACAP DAY CARE without the prior written
6 consent of the CITY
7 7 INSURANCE.
8 ACAP DAY CARE shall procure and maintain for the duration
9 of this Agreement insurance against claims for injuries to
10 persons or property which may arise from or in connection with
11 services provided by ACAP DAY CARE, it agents, employees or
12 volunteers under this Agreement ACAP DAY CARE agrees to
13 provide comprehensive general liability insurance and shall
14 maintain liability limits of not less than ONE MILLION DOLLARS
15 ($1, 000, 000) combined single limit coverage per occurrence for
16 bodily injury, personal injury and property damage ACAP DAY
17 CARE shall also provide and maintain professional liability
18 coverage including errors and omissions coverage in the
19 minimum liability amount of ONE MILLION DOLLARS ($1, 000, 000)
20 combined single limit per occurrence for bodily injury,
21 personal injury and property damage Any deductibles or self
22 insured retentions in either policies must be declared to and
23 approved by the CITY At the option of the CITY either The
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 5
1
2 insurer shall reduce or eliminate such deductibles or self
3 insured retentions as respects the CITY, its officials and
4 employees ; or, ACAP DAY CARE shall procure a bond guaranteeing
5 payment of losses and related investigations, claim
6 administration and defense expenses The policies are to
7 contain or be endorsed to contain the following provisions
8 1 GENERAL LIABILITY COVERAGE.
9 (a) The CITY, its elected and appointed officials,
10 employees and agents are to be covered as insureds
11 as respects Liability arising out of services and
12 activities performed by or on behalf of ACAP DAY
13 CARE, its employees, agents and volunteers The
14 coverage shall contain no special limitations on the
15 scope of protection afforded to the CITY, its
16 elected and appointed officials, employees or
17 agents
18 2 GENERAL LIABILITY AND PROFESSIONAL LIABILITY
19 COVERAGES:
20 (a) ACAP DAY CARE ' S insurance coverage shall be
21 primary insurance as respects the CITY, its
22 officials, employees and agents Any insurance
23 or self insurance maintained by the CITY, its
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 6
1
2 officials, employees or agents shall be in
3 excess of ACAP DAY CARE ' S insurance and shall
4 not contribute with it
5 (b) Any failure to comply with reporting provisions
6 of the policy shall not affect coverage
provided to the CITY, its officials, employees
7
8 or agents
9 (c) Coverage shall state that ACAP DAY CARE ' S
10 insurance shall apply separately to each
11 insured against whom claim is bought or suit is
12 brought except with respect to the limits to
13 the insurer' s liability
14 (d) Each insurance policy required by this clause
15 shall be endorsed to state that coverage shall
16 not be suspended, voided, canceled, reduced in
17 coverage, or in limits except after thirty (30)
18 days prior written notice by certified mail
19 return receipt requested has been given to the
20 CITY ACAP DAY CARE agrees to provide copies
21 of the Certificates of Insurance to the CITY at
22 the time that this Agreement takes effect
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 (D\Agree\ACAP97}
Page 7
r
1
2 (e) ACAP DAY CARE shall furnish the CITY with
3 Certificates of Insurance and with original
4 endorsements affecting coverage required by
5 this clause The certificate and endorsements
6 for each insurance policy are to be signed by a
person authorized by that insurer to bind
7
8 coverage on its behalf The CITY reserves the
9 right to require complete, certified copies of
10 all required insurance policies at any time
11 (f) ACAP DAY CARE shall include all volunteers,
12 employees and agents under its policies or
13 shall furnish separate certificates and
14 endorsements for each All coverages for
15 volunteers shall be subject to all the
16 requirements stated herein
17 8 NONDISCRIMINATION
18 ACAP DAY CARE shall not discriminate under any services
19 or programs to which this Agreement may apply directly or
20 through contractual or other arrangements on the grounds of
21 race, color, creed, religion, national origin, sex, age, or
22 the presence of any sensory, mental or physical handicap
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 8
1
2 9 BOOKS AND RECORDS.
3 ACAP DAY CARE agrees to maintain separate accounts and
4 records in accordance with State Auditor ' 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 2803
January 15, 1997 {D\Agree\ACAP97}
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
7 King and where applicable, Federal laws
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 2803
January 15, 1997 {D\Agree\ACAP97}
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
Ckar(E- Q a-+P
CHARLES A BOOTH
9 MAYOR
10 ATTEST
11
12 ing2 ��J�G' uL�a
13 Robin Wohlhueter,
City Clerk
14 APPROVED AS TO FORM
15 0 alit
16
Michael J Reynolds,
17 City Attorney
18 ACAP DAY CARE
19 , 7.5
20 BY
21 TITLE L K - 1 "" b C/ Q4.--
22
23
24
25
26
Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 11
1
STATE OF WASHINGTON )
2 ) ss
COUNTY OF KING
3
4 On this 4h day of )7)0J4 , 1997, before
me, the undersigned, a Notary Public in pand f the ^StIa/te of
5 Washington, personally appeared p{;u,(u'llr ri,_ 4IV}'I ' /IC 94U' ,
6 to me known to be the Executive Director of ACAP DAY CARE,che
non-profit corporation that executed the within and foregoing
7 instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said non-profit corporation for
8 the uses and purposes therein mentioned, and on oath stated
9 that he/she is authorized to execute said instrument on behalf
of said non-profit corporation
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IN WITNESS WHEREOF, I have hereunto set my hand and
11 affixed my official seal the date hereinabove set forth
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Agreement - ACAP DAY CARE 1997
Exhibit "A" Resolution No 2803
January 15, 1997 {D\Agree\ACAP97}
Page 12
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CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 95001
Dani Daskam, Deputy City Clerk Auburn City Clerk:(206)931-3039
Tame Bothell,Records/License Clerk �=�1�/ Business Registration:(206)931-3007 Fax:(206)931 3053
4811 it le
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. 2803 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2803 "
I certify that said Resolution No 2803 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 Wohlh eter
City Clerk
City of Auburn