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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 19 20 21 22 23 24 25 26 / 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 1 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 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 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 24 25 26 -- — — — ----- Agreement ACAP DAY CARE 1998 Exhibit A Resolution No.2942 April20, 1998 [a\agree\apple98] Page 2 1 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 21 22 23 24 25 Agreement ACAP DAY CARE 1998 Exhibit A Resolution No 2942 April 20, 1998 [a\agree\apple98l Page 3 1 B ACAP CHILD & FAMILY SERVICES shall develop the 2 following status report components within the time frames 3 established below 4 1) 2nd Quarter 1998 Year 5 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; 10 c) The method for gathering information needed to 11 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 24 25 26 Agreement ACM DAY CARE 1998 Exhibit A Resolution No.2942 April 20, 1998 Meg ree\apple981 Page 4 l 1 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 5 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 12 or any of them or jointly against the CITY and ACAP CHILD & 13 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 7 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 24 25 26 — --- ------ Agreement-ACAP DAY CARE 1998 Exhibit A Resolution No.2942 April 20, 1998 [a\agree\appl e98] Page 7 l 1 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 4 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 8 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 6 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 . 2 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 G�tvop-» 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