HomeMy WebLinkAbout2940 M/APIA! ,
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1 RESOLUTION NO 2 9 4 0
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
PROGRAM DAY CARE (KNOWN AS "ACAP DAY CARE") TO PROVIDE CHILD
5 CARE TO AUBURN RESIDENTS DURING 1998
6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
8 Section 1. The Mayor and City Clerk of the City of
9
Auburn, Washington, are hereby authorized to enter into an
10
Agreement for Services with the Auburn Christian Action
11
Program Day Care (known as "ACAP Day Care") to provide child
12
care to Auburn residents during 1998 A copy of the Agreement
13
is attached and is designated as Exhibit "A" and is
14
incorporated by reference in this Resolution
15
16 Section 2 The Mayor is hereby authorized to implement
17 such administrative procedures as may be necessary to carry
18 out the directives of this legislation
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Resolution No 2940
April 16, 1998
Page 1
1 DATED and SIGNED this 4th day of May, 1998
2
3
4
5 CITY OF AUBURN
6
attak.
8
CHARLES A BOOTH
9 MAYOR
10
11
ATTEST
12
13 xiairQf
14
Danielle E Daskam,
15 City Clerk
16
17
APPROVED AS TO FORM
18
19 �
20
Michael J ' Reyno ds,
21 City Attorney
22
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Resolution No 2940
April 16, 1998
Page 2
1 AGREEMENT FOR SERVICES
2
COIN
3 THIS AGREEMENT made and entered into this Q day of
4 ( L Atit , 1998, by and between the CITY OF AUBURN, a
5 municipal corporation of the State of Washington, hereafter
6 referred to as "CITY", and ACAP CHILD AND FAMILY SERVICES, a
7 non-profit corporation organized under the laws of the State
8 of Washington, whose address is 1102 J Street SE, Auburn,
g Washington 98002 , hereinafter referred to as "ACAP" .
10 WHEREAS, ACAP provides a valuable service to the CITY and
11 its residents through the provision of day care services for
12 low income Auburn residents; and
13 WHEREAS, the CITY is interested in continuing support of
14 the day care services, including early intervention and
15 therapeutic child development services, for low income Auburn
16 residents;
17 NOW, THEREFORE, In consideration of the covenants and
18 conditions of this Agreement , the parties agree as follows
19 I PURPOSE.
20 The purpose of this Agreement is to provide for an
21 appropriation to ACAP for providing child care to Auburn
22 residents during the 1998 term This continued support is in
23
24
25
26
Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP98}
Page 1
1
recognition of the fact that the demand for the services
2
delivered by ACAP continues to rise
3
II. SCOPE OF SERVICES.
4
The parties agree and understand that ACAP agrees to
5
provide child care services, which may include early
6
intervention and therapeutic child development services, to
7
low income Auburn residents at ACAP ' S facilities located in
8
Auburn Child care services shall include but are not limited
9
to those services described as follows
10
A Care for infants and toddlers which offers
11
opportunities for children to grow and develop and
12
assists parents in improving their skills in caring
13
for and nurturing their children
14
15 B Prevention of child abuse and neglect through the
16 use of day care and by giving parents and children a
17 time out from each other when the parent is out of
18 control, angry or upset, or overwhelmed by the
19 responsibilities of parenthood
20 In addition, ACAP agrees to work closely with the CITY OF
21 AUBURN in developing and improving other ways to address the
22 needs of Auburn families served through ACAP
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26
Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP98}
Page 2
1
III STATUS REPORT
2
ACAP shall develop and provide to the City within 60 days
3
after the completion of the 1998 calendar year a status report
4
containing a program evaluation component commonly referred to
5
as the "Logic Model" which will show the intended linkages
6
between the activities conducted and the changes the
7
activities will produce
8
A The components of the evaluation will
9
1) Identify both process and outcome portions of child
10
11 care service;
2) Show the relationship of program resources and
12
activities to the expected results or outcomes
13
14 3) Help identify those questions the evaluation is to
15 answer
16 4) Provide a graphic summary of how program parts
17 relate to the whole
18 5) Make explicit the underlying theory of the program
19 and
20 6) Identify measurable categories in the program
21 evaluation
22 B ACAP shall develop the following status report
23 components within the time frames established below
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25
26
Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP981
Page 3
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1) 2ntl Quarter 1998 Year
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a) The outcome based results ACAP expects to
3
achieve;
4
b) An indicator to inform ACAP that the anticipated
5
6 change has or has not occurred;
c) The method for gathering information needed to
7
8 indicate the outcomes that have occurred;
9 2) 3`a Quarter 1998 Year
10 a) Initial Collection and assessment of the
11 information acquired to include
12 alterations in the anticipated outcomes or
13 alteration in the methodology of information
14 gathering
15 3) 4`h Quarter 1998
16 a) Information collected;
17 b) Conclusions developed as a result of the
18 information
19 IV. TERM.
20 The term of this Agreement shall commence on January 1,
21 1998 and shall expire on December 31 , 1998
22
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Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 (a\Agree\ACAP9B}
Page 4
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V COMPENSATION.
2
As full and total payment for the services provided under
3
this Agreement, the CITY agrees to pay ACAP the total amount
4
of EIGHTEEN THOUSAND DOLLARS ($18 , 000) ACAP will submit a
5
statement to the CITY quarterly describing services that it
6
has rendered under the terms of this Agreement and the CITY
7
will pay an amount equal to one-quarter of the total amount by
8
the twenty-eighth (28th) day of the month following the end of
9
the quarter However, the final statement of services rendered
10
will be submitted on or before December 15, 1998
11
VI_ INDEMNIFICATION.
12
ACAP agrees to defend, indemnify, and hold harmless the
13
CITY, its elected and appointed officials, employees and
14
15 agents from and against any and all claims, demands and/or
16 causes of action of any kind or character whatsoever arising
17 out of or relating to services provided by ACAP, its
18 employees, volunteers or agents concerning any and all claims
19 by any persons for alleged injury or damage to persons or
20 property to the extent caused by the negligent acts, errors or
21 omissions of ACAP, its employees, volunteers or agents or
22 representatives In the event that any suit or claim for
23 damages based upon such claim, action, loss or damage is
24
25
26
Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP98}
Page 5
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brought against the CITY, ACAP shall defend the same as its
2
sole costs and expense; provided that the CITY retains the
3
right to participate in said suit if any principle of
4
governmental or public law is involved; and if final judgment
5
be rendered against the CITY and/or its officers, elected
6
officials, agents and employees or any of them or jointly
7
against the CITY and ACAP and their respective officers,
8
agents, volunteers, employees or any of them, ACAP shall fully
9
satisfy the same and shall reimburse the CITY any costs and
10
expense which the CITY has incurred as a result of such claim
11
or suit The provisions of this section shall survive the
12
expiration or termination of this Agreement
13
VII. INDEPENDENT CONTRACTOR/ASSIGNMENT.
14
The parties agree and understand that ACAP is an
15
independent contractor and not the agent or employee of the
16
CITY and that no liability shall attach to the CITY by reason
17
of entering into this Agreement except as provided herein
18
The services required under this Agreement may not be assigned
19
20 or subcontracted by ACAP without the prior written consent of
21 the CITY
22
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Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP98}
Page 6
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VIII. INSURANCE.
2
ACAP shall procure and maintain for the duration of this
3
Agreement insurance against claims for injuries to persons or
4
property which may arise from or in connection with services
5
provided by ACAP, it agents, employees or volunteers under
6
this Agreement ACAP agrees to provide comprehensive general
7
liability insurance and shall maintain liability limits of not
8
less than ONE MILLION DOLLARS ($1, 000 , 000) combined single
9
limit coverage per occurrence for bodily injury, personal
10
injury and property damage ACAP shall also provide and
11
maintain professional liability coverage including errors and
12
13 omissions coverage in the minimum liability amount of ONE
14 MILLION DOLLARS ($1, 000, 000) combined single limit per
15 occurrence for bodily injury, personal injury and property
16 damage Any deductibles or self insured retentions in either
17 policies must be declared to and approved by the CITY At the
18 option of the CITY either The insurer shall reduce or
19 eliminate such deductibles or self insured retentions as
20 respects the CITY, its officials and employees; or, ACAP shall
21 procure a bond guaranteeing payment of losses and related
22 investigations, claim administration and defense expenses
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Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 (a\Agree\ACAP9S}
Page 7
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The policies are to contain or be endorsed to contain the
2
following provisions
3
A GENERAL LIABILITY COVERAGE.
4
1) The CITY, its elected and appointed officials,
5
employees and agents are to be covered as insureds
6
as respects Liability arising out of services and
7
activities performed by or on behalf of ACAP, its
8
employees, agents and volunteers The coverage
9
shall contain no special limitations on the scope of
10
protection afforded to the CITY, its elected and
11
appointed officials, employees or agents
12
2) GENERAL LIABILITY AND PROFESSIONAL LIABILITY
13
COVERAGES.
14
(a) ACAP' S insurance coverage shall be primary
15
insurance as respects the CITY, its officials,
16
employees and agents Any insurance or self
17
insurance maintained by the CITY, its
18
officials, employees or agents shall be in
19
excess of ACAP' S insurance and shall not
20
contribute with it
21
22 (b) Any failure to comply with reporting provisions
23 of the policy shall not affect coverage
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26
Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP98}
Page 8
1
provided to the CITY, its officials, employees
2
or agents
3
(c) Coverage shall state that ACAP ' S insurance
4
shall apply separately to each insured against
5
whom claim is bought or suit is brought except
6
with respect to the limits to the insurer' s
7
liability
8
9 (d) Each insurance policy required by this clause
shall be endorsed to state that coverage shall
10
not be suspended, voided, canceled, reduced in
11
coverage, or in limits except after thirty (30)
12
days prior written notice by certified mail
13
return receipt requested has been given to the
14
CITY ACAP agrees to provide copies of the
15
Certificates of Insurance to the CITY at the
16
17 time that this Agreement takes effect
18 (e) ACAP shall furnish the CITY with Certificates
of Insurance and with original endorsements
19
20 affecting coverage required by this clause
The certificate and endorsements for each
21
22 insurance policy are to be signed by a person
23 authorized by that insurer to bind coverage on
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26
Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP98}
Page 9
1
its behalf The CITY reserves the right to
2
require complete, certified copies of all
3
required insurance policies at any time
4
(f) ACAP shall include all volunteers, employees
5
and agents under its policies or shall furnish
6
separate certificates and endorsements for
7
each All coverages for volunteers shall be
8
subject to all the requirements stated herein
9
IX NONDISCRIMINATION
10
ACAP shall not discriminate under any services or
11
programs to which this Agreement may apply directly or through
12
contractual or other arrangements on the grounds of race,
13
color, creed, religion, national origin, sex, age, or the
14
presence of any sensory, mental or physical handicap
15
X BOOKS AND RECORDS.
16
ACAP agrees to maintain separate accounts and records in
17
18 accordance with State Auditor' s procedures, including
personnel, property, financial and programmatic records which
19
20 sufficiently reflect direct and indirect costs and services
21 performed under this Agreement ACAP agrees to maintain all
22 books and records relating to this Agreement for a period of
23 three (3) years following the date that this Agreement is
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26
Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP98}
Page 10
1
expired or otherwise terminated The parties agree that the
2
CITY OF AUBURN may inspect such documents upon good cause at
3
any reasonable time within the three (3 ) year period
4
XI. TERMINATION OF AGREEMENT.
5
This Agreement may be terminated by either party upon ten
6
(10) days written notice should the other party fail
7
substantially to perform in accordance with its terms through
8
no fault of the other
9
XII GENERAL PROVISIONS.
10
A ACAP agrees to submit a report to the CITY no later
11
than December 15 , 1998 , describing the progress and
12
activities performed for the year 1998 under its
13
scope of services
14
B This Agreement shall be governed by the laws,
15
regulations and ordinances of the City of Auburn,
16
the State of Washington, and County of King and
17
where applicable, Federal laws
18
C The CITY and ACAP respectively bind themselves,
19
their successors, volunteers, assigns and legal
20
representatives to the other party to this
21
Agreement and with respect to all covenants to this
22
Agreement
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Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP98}
Page 11
1
D This Agreement represents the entire and integrated
2
Agreement between the CITY and ACAP and supersedes
3
all prior negotiations This Agreement may be
4
amended only by written instrument signed by both
5
the CITY and ACAP
6
E Should it become necessary to enforce any term or
7
obligation of this Agreement, then all costs of
S
enforcement including attorneys fees and expenses
9
and court costs shall be paid to the substantially
10
prevailing party
11
F ACAP agrees to comply with all local, state and
12
federal laws applicable to its performance under
13
14 this Agreement
15
16 CITY OF AUBURN
17
19 &'OT
CHARLES A BO
20 MAYOR
ATTEST
21
22 ta,14-40/1-
23 Danielle E Daskam,
City Clerk
24
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26
Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940
April 20, 1998 {a\Agree\ACAP981
Page 12
t
1
2 PPROVED AS PTO FORM
3 \\
4 Michael J Reynolds,
City Attorney
5
6 ACAP CHILD AND FAMILY SERVICES
7 BY ai_z� " ,/y
8 ��ff q
9 TITLE C �Gf.N7, v 11 '/Lr-C-MhA,
10
11 STATE OF WASHINGTON )
) ss
12 COUNTY OF KING�t )
13 On this Alt day of in , 1998 , before
me, the undersigned, a Notary Sic in and for the State of
14 Washington, personally appeared /a/eyvmdhat �i✓n /�"1 E
-
to me known to be the Executive Director of ACAP, the non
15 profit corporation that executed the within and foregoing
instrument , and acknowledged said instrument to be the free
16 and voluntary act and deed of said non-profit corporation for
the uses and purposes therein mentioned, and on oath stated
17 that he/she is authorized to execute said instrument on behalf
of said non-profit corporation
18
IN WITNESS WHEREOF, I have hereunto set my hand and
19 affixed my official seal the date hereinabove set forth
204 (11 4 p'/-_
21
NOTARY PUBLIC in and for the State of
22 Washington, residing in Reikyn ry
23 MY COMMISSION expires 44///W
24
25
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Agreement - ACAP DAY CARE 1998
Exhibit "A" Resolution No 2940 - — -.
April 20, 1998 {a\Agree\ACAP98} -
Page 13
aG1CV:-
AUBURN CITY CLERK
CHARLES sk BOOTH,MAYOR g, ., ..y. .�^ srsw.rxwn
Danielle Daskam,Gry Clerk i " .g 25 West Main, CITY L 98001
Cathy Richardson, Deputy City Clerk � � ` City Clerk:(253)931-3039
'~Ktt Business Registration:(253)931 3007 Fax (253)288-3132
Tame Bothell, Records/License Clerk �,„
May 8, 1998 .t •BS
Ms. Kim McKoy
Executive Director
ACAP Child and Family Services
1102 "J" Street SE
Auburn, WA 98002
Dear Ms. McKoy
On May 4, 1998, the Auburn City Council adopted Resolution No. 2940 authorizing an
Agreement for Services with ACAP Child and Family Services to provide child care to
Auburn residents during 1998.
Enclosed is a copy of Resolution No. 2940 and duplicate originals of the Agreement.
The Agreements have been executed by the City and now require the notarized
signature of an ACAP Child and Family Services official. Please return one fully
executed original Agreement to the Auburn City Clerk, 25 West Main Street, Auburn,
WA, 98001
Please also note the insurance requirements under Article VIII of the Agreement and
transmit the appropriate certificate of insurance to the Auburn City Clerk as soon as
possible.
If you have any questions, please contact Senior Planner Al Hicks at (253)931-3002.
Sincerely,
bAle+ L f dccQ
Charles A. Booth
Mayor
CAB:dd
Enclosures
Cc: Al Hicks, Senior Planner
RECORDS MANAGEMENT
ORDINANCE/RESOLUTION DISTRIBUTION
ORDINANCE NO. DATE ADOPTED• /
RESOLUTION NO c:).-1411)c:).-1411) EFFECTIVE DATE. 57%719.,
RECORDING FILE. CODE BOOK.
DEPARTMENT DISTRIBUTION
• v. T :< .t,.v ,
Plantnea.,..... • �. . Q. .. _ _�''CONTACT.'`� � . :^.a._.�'DAt TE
CITIZEN REQUESTS
'NAME .:r ,
,..: .. ,... _;. . . ..: ...� ' ADDRESS;: ,: .:; :`"', DATE. .
F:CLERK\RECO RDS\R E CFO RM
-ACORD Certificate of Insurance CITY OF AUBURN Issue Date 061198 --
Producer This certificate is issued as a matter of
Tina M Craig Insurance, Inc information and confers no rights upon the
P 0 Box 1498 certificate holder This certificate does
2406 A St SE not amend, extend or alter the coverage af-
Auburn, Wa 98071-1498 forded by the policies below
Insured Companies Affording.Coverage
Company A FRONTIER INSURANCE
ACAP-CHILD & FAMILY SERVICES Company B 1 iU !? ]
1110 J ST SE Company C -
AUBURN WA 98002 Company D
Coverages
This is to certify that the policies of insurance listed below have been is-
sued to the insured named above for the policy period indicated, notwithstan-
ding any requirement or condition of any contract or other document with re-
spect to which this certificate may be issued or may pertain, the insurance
afforded by the policies described herein is subject to all the terms, exclu-
sions and conditions of such policies Limits shown may have been reduced by
paid claims
Co Effect Expire
Ltr Type of Insurance Policy Number Date Date Limits
A General Liability P2020032000 061598 061599 General Agg $3, 000, 000
[X] Commercial Prd/Comp Ops$INCLUDED
[X] General Liab Pers/Adv Inj $1, 000, 000
[ ] Claims Made Each Occurnc$1, 000, 000
[x] Occurrence Fire Damage*$ 100, 000
[ ] Own & Cont Prot Med Expense*$ 5, 000
[ ] *Any 1 Fire/Any 1 Person
Auto Liability Combined Single
[ ] Any Auto Limit $
[ ]All Owned Autos Bodily Injury - Per
[ ] Scheduled Autos Person $
[ ] Hired Autos Bodily Injury - Per
[ ] Non-Owned Autos Accident $
[ ] Garage Liab Property Damage
[ ]
Excess Liability Each Occurrence
[ ] Umbrella Form $
I ] Other Than limb Aggregate$
Workers Comp Statutory Limits
And Each Acc $
Employers' Liab Disease Lim $
Disease Emp $
Other
Description Of Operations
CERTFICATE HOLDER TO BE LISTED AS ADDITIONAL INSURED WITH RESPECTS TO
GENERAL LIABILITY, SPECIFICALLY FUNDING OF A BLOCK GRANT
Certificate Holder Cancellation
CITY OF AUBURN Should any of the above described poli-
25 WEST MAIN STREET cies be cancelled before expiration date
AUBURN, WASHINGTON 98002 the issuing company will endeavor to mail
30 days written notice to certificate
holder named to the left, but failure to
mail such notice shall impose no obliga-
tion or liability of any kind upon the
company or it' s agents or representatives
Authorized Representative
ACORD 25-S (7/90) - [JG 1 4 M 24k IIAU 5/94
ti.
V
POLICY NUMBER: P2020032000 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
ADDITIONAL INSURED-DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Auburn (With respects to General Liability, specifically funding of a
Block Grant and General Funds. )
25 W Main St
Auburn, WA 98002
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 26 11 85 Copyright, Insurance Services Office Inc. 1984
Otr:y�t'
te ;:►
CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK
Danielle Daskam,City Clerk I\\ A 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk A City Clerk(253)931-3039
Tamie Bothell, Records/License Clerk ,- /Business Registration (253)931-3007 Fax:(253)288-3132
ashing,t°
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Danielle Daskam, 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 2940 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO.2940 "
I certify that said Resolution No. 2940 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 4th day of May, 1998.
Witness my hand and the seal of the City of Auburn this 20th day of August,
1998
jakigat
Danielle Daskam, City Clerk
City of Auburn