HomeMy WebLinkAbout2942 (2) 1 RESOLUTION NO 2 9 4 2
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 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
5 PARENTING CLASSES FOR AUBURN RESIDENTS DURING 1998
6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7 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
12
parenting classes for Auburn residents during 1998 A copy of
13
the Agreement is attached and is designated as Exhibit "A" and
14
is incorporated by reference in this Resolution
15
Section 2 The Mayor is hereby authorized to implement
16
17 such administrative procedures as may be necessary to carry
18 out the directives of this legislation
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/ Resolution No 2942
April 16, 1998
Page 1
1
DATED and SIGNED this 4th day of May, 1998
2
3
CITY OF AUBURN
4
5
6 tI CJ1 c s n .
z .
7
CHARLES A BOOTH
8 MAYOR
9
10 ATTEST
11
12
13
Danielle E Daskam,
14 City Clerk
15
16 APPROVED AS TO FORM
17
18 S
19 Michael J Reynolds,
20 City Attorney
21
22
23
24
25
26
Resolution No 2942
April 16, 1998
Page 2
r
1 AGREEMENT FOR SERVICES
2
3 THIS AGREEMENT made and entered into this A?\-- day of
4 , 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 & 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,
9 Washington 98002 , hereinafter referred to as "ACAP CHILD &
10 FAMILY SERVICES"
11 WHEREAS, ACAP CHILD & FAMILY SERVICES provides a valuable
12 service to the CITY and its residents through the provision of
13 its A Positive Parenting Learning Experience program (APPLE) ;
14 and
15 WHEREAS, the CITY is interested in continuing support of
16 parenting classes to parents of families residing in Auburn
17 which are substantially at risk for child abuse or neglect;
18 NOW, THEREFORE, In consideration of the covenants and
19 conditions of this Agreement , the parties agree as follows
20 I. PURPOSE.
21 The purpose of this Agreement is to provide for an
22 appropriation to ACAP CHILD & FAMILY SERVICES for providing
23 parenting classes to low income parents of families residing
24
25
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No.2942
April 20, 1998 [a\agree\apple981
Page 1
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in Auburn who are substantially at risk for child abuse or
2
neglect during the 1998 term This continued support is in
3
recognition of the fact that the demand for the parenting
4
services delivered by the ACAP CHILD & FAMILY SERVICES through
5
its APPLE parenting program continue to rise
6
II SCOPE OF SERVICES.
7
The parties agree and understand that ACAP CHILD & FAMILY
8
SERVICES agrees to provide parenting classes through its APPLE
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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 CHILD & FAMILY SERVICES agrees to work
20
closely with the CITY OF AUBURN in developing and improving
21
other ways to address the needs of Auburn families served
22
through ACAP CHILD & FAMILY SERVICES programs
23
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25
26 -- — — — -----
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No.2942
April20, 1998 [a\agree\apple98]
Page 2
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III STATUS REPORT
2
ACAP CHILD & FAMILY SERVICES shall develop and provide to
3
the City within 60 days after the completion of the 1998
4
calendar year a status report containing a program evaluation
5
component commonly referred to as the "Logic Model" which will
6
show the intended linkages between the activities conducted
7
and the changes the activities will produce
8
A The components of the evaluation will
9
1) Identify both process and outcome portions of the
10
Apple Parenting program;
11
2) Show the relationship of program resources and
12
activities to the expected results or outcomes
13
3 ) Help identify those questions the evaluation is to
14
answer
15
4) Provide a graphic summary of how program parts
16
relate to the whole
17
18 5) Make explicit the underlying theory of the program
and
19
20 6) Identify measurable categories in the program
evaluation
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22
23
24
25
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No 2942
April 20, 1998 [a\agree\apple98l
Page 3
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B ACAP CHILD & FAMILY SERVICES shall develop the
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following status report components within the time frames
3
established below
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1) 2nd Quarter 1998 Year
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a) The outcome based results ACAP CHILD & FAMILY
6
SERVICES expects to achieve;
7
b) An indicator to inform ACAP CHILD & FAMILY
8
SERVICES that the anticipated change has or has
9
not occurred;
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c) The method for gathering information needed to
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indicate the outcomes that have occurred;
12
13 2) 3rd Quarter 1998 Year
14 a) Initial Collection and assessment of the
15 information acquired to include
16 alterations in the anticipated outcomes or
17 alteration in the methodology of information
gathering
18
19 3 ) 4 t Quarter 1998
20 a) Information collected;
21 b) Conclusions developed as a result of the
information
22
23
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25
26
Agreement ACM DAY CARE 1998
Exhibit A Resolution No.2942
April 20, 1998 Meg ree\apple981
Page 4
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IV. TERM.
2
The term of this Agreement shall commence on January 1,
3
1998 and shall expire on December 31, 1998
4
V COMPENSATION.
5
As full and total payment for the services provided under
6
this Agreement, the CITY agrees to pay ACAP CHILD & FAMILY
7
SERVICES the total amount of FIVE THOUSAND DOLLARS ($5, 000)
8
ACAP CHILD & FAMILY SERVICES will submit a statement to the
9
CITY quarterly describing services that it has rendered under
10
the terms of this Agreement and the CITY will pay an amount
11
equal to one-quarter of the total amount by the twenty-eighth
12
13 (28th) day of the month following the end of the quarter
However, the final statement of services rendered will be
14
submitted on or before December 15 , 1998
15
16 VI INDEMNIFICATION.
17 ACAP CHILD & FAMILY SERVICES agrees to defend, indemnify,
18 and hold harmless the CITY, its elected and appointed
19 officials, employees and agents from and against any and all
20 claims, demands and/or causes of action of any kind or
21 character whatsoever arising out of or relating to services
22 provided by ACAP CHILD & FAMILY SERVICES, its employees,
23 volunteers or agents concerning any and all claims by any
24
25
26 ----- --
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No.2942
April 20, 1998 [a\agree\apple981
Page 5
11
1
persons for alleged injury or damage to persons or property to
2
the extent caused by the negligent acts, errors or omissions
3
of ACAP CHILD & FAMILY SERVICES, its employees, volunteers or
4
agents or representatives In the event that any suit or
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claim for damages based upon such claim, action, loss or
6
damage is brought against the CITY, ACAP CHILD & FAMILY
7
SERVICES shall defend the same as its sole costs and expense;
8
provided that the CITY retains the right to participate in
9
said suit if any principle of governmental or public law is
]0
involved; and if final judgment be rendered against the CITY
11
and/.or its officers, elected officials, agents and employees
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or any of them or jointly against the CITY and ACAP CHILD &
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FAMILY SERVICES and their respective officers, agents,
14
volunteers, employees or any of them, ACAP CHILD & FAMILY
15
SERVICES shall fully satisfy the same and shall reimburse the
16
CITY any costs and expense which the CITY has incurred as a
17
result of such claim or suit The provisions of this section
18
shall survive the expiration or termination of this Agreement
19
VII INDEPENDENT CONTRACTOR/ASSIGNMENT.
20
The parties agree and understand that ACAP CHILD & FAMILY
21
22 SERVICES is an independent contractor and not the agent or
23 employee of the CITY and that no liability shall attach to the
24
25
26 -- -------------
Agreement ACM'DAY CARE 1998
Exhibit A Resolution No 2942
April20, 1998 la\agree\apple98]
Page 6
1
CITY by reason of entering into this Agreement except as
2
provided herein The services required under this Agreement
3
may not be assigned or subcontracted by ACAP CHILD & FAMILY
4
SERVICES without the prior written consent of the CITY
5
VIII INSURANCE.
6
ACAP CHILD & FAMILY SERVICES shall procure and maintain
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for the duration of this Agreement insurance against claims
8
for injuries to persons or property which may arise from or in
9
connection with services provided by ACAP CHILD & FAMILY
10
SERVICES, it agents, employees or volunteers under this
11
Agreement ACAP CHILD & FAMILY SERVICES agrees to provide
12
comprehensive general liability insurance and shall maintain
13
liability limits of not less than ONE MILLION DOLLARS
14
($1, 000, 000) combined single limit coverage per occurrence for
15
bodily injury, personal injury and property damage ACAP
16
CHILD & FAMILY SERVICES shall also provide and maintain
17
professional liability coverage including errors and omissions
18
coverage in the minimum liability amount of ONE MILLION
19
DOLLARS ($1, 000 , 000) combined single limit per occurrence for
20
bodily injury, personal injury and property damage Any
21
deductibles or self insured retentions in either policies must
22
be declared to and approved by the CITY At the option of the
23
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25
26 — --- ------
Agreement-ACAP DAY CARE 1998
Exhibit A Resolution No.2942
April 20, 1998 [a\agree\appl e98]
Page 7
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CITY either The insurer shall reduce or eliminate such
2
deductibles or self insured retentions as respects the CITY,
3
its officials and employees; or, ACAP CHILD & FAMILY SERVICES
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shall procure a bond guaranteeing payment of losses and
5
related investigations, claim administration and defense
6
expenses The policies are to contain or be endorsed to
7
contain the following provisions
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A GENERAL LIABILITY COVERAGE.
9
1) The CITY, its elected and appointed officials,
10
11 employees and agents are to be covered as insureds
as respects Liability arising out of services and
12
13 activities performed by or on behalf of ACAP CHILD &
FAMILY SERVICES, its employees, agents and
14
15 volunteers The coverage shall contain no special
16 limitations on the scope of protection afforded to
17 the CITY, its elected and appointed officials,
18 employees or agents
19 B GENERAL LIABILITY AND PROFESSIONAL LIABILITY
20 COVERAGES:
21 1) ACAP CHILD & FAMILY SERVICES ' S insurance
22 coverage shall be primary insurance as respects
23 the CITY, its officials, employees and agents
24
25
26 - - -- - --
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No.2942
April 20, 1998 [a\agree\apple98]
Page 8
1
Any insurance or self insurance maintained by
2
the CITY, its officials, employees or agents
3
shall be in excess of ACAP CHILD & FAMILY
4
SERVICES ' S insurance and shall not contribute
5
with it
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2) Any failure to comply with reporting provisions
7
of the policy shall not affect coverage
8
provided to the CITY, its officials, employees
9
or agents
10
3) Coverage shall state that ACAP CHILD & FAMILY
11
SERVICES ' S insurance shall apply separately to
12
each insured against whom claim is bought or
13
suit is brought except with respect to the
14
limits to the insurer ' s liability
15
4) Each insurance policy required by this clause
16
shall be endorsed to state that coverage shall
17
not be suspended, voided, canceled, reduced in
18
coverage, or in limits except after thirty (30)
19
20 days prior written notice by certified mail
21 return receipt requested has been given to the
CITY ACAP CHILD & FAMILY SERVICES agrees to
22
provide copies of the Certificates of Insurance
23
24
25
26 --- ---
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No.2942
April 20,1998 la\agree\apple987
Page 9
1
to the CITY at the time that this Agreement
2
takes effect
3
5) ACAP CHILD & FAMILY SERVICES shall furnish the
4
CITY with Certificates of Insurance and with
5
original endorsements affecting coverage
6
required by this clause The certificate and
7
endorsements for each insurance policy are to
8
be signed by a person authorized by that
9
insurer to bind coverage on its behalf The
10
CITY reserves the right to require complete,
11
certified copies of all required insurance
12
13 policies at any time
6) ACAP CHILD & FAMILY SERVICES shall include all
14
15 volunteers, employees and agents under its
16 policies or shall furnish separate certificates
17 and endorsements for each All coverages for
18 volunteers shall be subject to all the
19 requirements stated herein
20 IX NONDISCRIMINATION
ACAP CHILD & FAMILY SERVICES shall not discriminate under
21
22 any services or programs to which this Agreement may apply
23 directly or through contractual or other arrangements on the
24
25
26 -- --
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No.2942
April 20, 1998 [a\agree\apple98]
Page 10
1
grounds of race, color, creed, religion, national origin, sex,
2
3 age, or the presence of any sensory, mental or physical
handicap
4
5
X BOOKS AND RECORDS.
6
ACAP CHILD & FAMILY SERVICES agrees to maintain separate
7
accounts and records in accordance with State Auditor' s
8
procedures, including personnel, property, financial and
9
programmatic records which sufficiently reflect direct and
10
indirect costs and services performed under this Agreement
11
ACAP CHILD & FAMILY SERVICES agrees to maintain all books and
12
records relating to this Agreement for a period of three (3)
13
years following the date that this Agreement is expired or
14
otherwise terminated The parties agree that the CITY OF
15
16 AUBURN may inspect such documents upon good cause at any
17 reasonable time within the three (3) year period
18 XI TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon ten
19
20 (10) days written notice should the other party fail
21 substantially to perform in accordance with its terms through
22 no fault of the other
23
24
25
26 ---
ACAP DAY CARE 1998
Exhibit A Resolution No.2942
April 20, 1998 [a\agree\appLe98]
Page 11
1
XII GENERAL PROVISIONS .
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A ACAP CHILD & FAMILY SERVICES agrees to submit a
3
report to the CITY no later than December 15, 1998,
4
describing the progress and activities performed for
5
the year 1998 under its scope of services
6
B This Agreement shall be governed by the laws,
7
regulations and ordinances of the City of Auburn, the
8
State of Washington, and County of King and where
9
applicable, Federal laws
10
C The CITY and ACAP CHILD & FAMILY SERVICES
11
respectively bind themselves, their successors,
12
volunteers, assigns and legal representatives to the
13
other party to this Agreement and with respect to all
14
covenants to this Agreement
15
D This Agreement represents the entire and integrated
16
Agreement between the CITY and ACAP CHILD & FAMILY
17
SERVICES and supersedes all prior negotiations This
18
Agreement may be amended only by written instrument
19
signed by both the CITY and ACAP CHILD & FAMILY
20
21 SERVICES
22 E Should it become necessary to enforce any term or
23 obligation of this Agreement, then all costs of
24
25
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No 2942
April 20, 1998 [a\agree\apple981
Page 12
1
enforcement including attorneys fees and expenses and
2
court costs shall be paid to the substantially
3
prevailing party
4
F ACAP CHILD & FAMILY SERVICES agrees to comply with
5
all local, state and federal laws applicable to its
6
performance under this Agreement
7
8
CITY OF AUBURN
9
10 C ( n n-
cRh�s . Ir`�
11 CHARLES A BOOTH
12 MAYOR
ATTEST
13
14 /, , GZ20 2i1„6„___
15 Danielle E Daskam,
16 City Clerk
17
18 PROVED AS TO FORM
19
D , ��20 �(
21
Michael J Reynolds,
City Attorney
22
23
24
25
26 ---
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No.2942
April 20, 1998 [a\agree\apple981
Page 13
1 ACAP CHILD & FAMILY SERVICES
2
BY
4
5 TITLE ‘6-6( Z.,0+7 Li cc ,.� ��
6
7
8 STATE OF WASHINGTON )
) ss
9 COUNTY OF KING
10 On this ;45-/- day of /M it 1998 , before
me, the undersigned, a Notary Public in and for t�hYe, State of
11 Washington, personally appeared //eY/I�dh-ia_ /✓h /ive/�0'/
to me known to be the Executive Director of ACAP CHILD &
12 FAMILY SERVICES, the non-profit corporation that executed the
13 within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said
14 non-profit corporation for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to
15 execute said instrument on behalf of said non-profit
corporation
16 IN WITNESS WHEREOF, I have hereunto set my hand and
17 affixed my official seal the date hereinabove set forth
18 ,hoitteaen
19 NOTARY PUBLIC in and for e S ate of
20 Washington, residing in /1
21 MY COMMISSION expires “//j/yg
22
23
24
25
26
Agreement ACAP DAY CARE 1998
Exhibit A Resolution No.2942 April 20, 1998 [a\agree\apple98] _
Page 14
AL
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a sal it.�1�
OFFICE OF THE MAYOR , CITY ADMINISTRATION
Charles A. Booth, Mayor
4,` 1 ' 25 West Main, Auburn, WA 98001
(253)931-3041 Fax. (253)288-3132
ashin,to
May 13, 1998
Ms. Kim McKoy
Executive Director
ACAP Child & Family Services
1102 "J" Street SE
Auburn, WA 98002
Dear Ms. McKoy
On May 4, 1998, the Auburn City Council adopted Resolution No 2942 authorizing an
Agreement for Services with ACAP Child and Family Services during 1998.
Enclosed is a copy of Resolution No 2942 and duplicate originals of the Agreement.
The Agreements have been executed by the City and now require the notarized
signature of the appropriate official from ACAP Child and Family Services. 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,
L
Charles A. Booth
Mayor
CAB:dd
Enclosures
cc: Al Hicks, Senior Planner
RECORDS MANAGEMENT
ORDINANCE/RESOLUTION DISTRIBUTION
ORDINANCE NO DATE ADOPTED- S V--7(3V
RESOLUTION NO. a 9V.1, EFFECTIVE DATE.
RECORDING FILE. CODE BOOK.
DEPARTMENT DISTRIBUTION
::DEPT ,.. ...g. .
1/9a2-4-H 6/2_,Ar
CITIZEN REQUESTS
„ xNAME "_;s,. . r r:,. . . " ;'. 'ADDRESSt `, .. .. .
,., .a..r...DA TE.
F:C LERK\R ECO RDS\RE CFO RM
wtvv V
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 o 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 ).;;j j
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 $
[ ] Other Than Umb 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 25-5 (7/90) [JG ] 4�� IAU 5/94
POLICY NUMBER: P2020032000 COMMERCIAL GENERAWABILITY
r,
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
(MY op
Af r: :►
CHARLES A. BOOTH, MAYOR AUBURN CITY CLERK'
Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk City Clerk:(253)931-3039
Tame Bothell.Records/License Clerk Business Registration:(253)931.3007 Fax (253)288 3132
shine
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. 2942 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO.2942."
I certify that said Resolution No. 2942 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.
Danielle Daskam, City Clerk
City of Auburn