HomeMy WebLinkAbout2962 1 RESOLUTION NO 2 9 6 2
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AMENDING RESOLUTION 2944 APPROVED BY THE COUNCIL
ON MAY 4 , 1998 WHICH AUTHORIZED THE MAYOR AND CITY CLERK TO
4 EXECUTE AN AGREEMENT WITH CHILDREN'S HOME SOCIETY TO PROVIDE
5 CHILD CARE SERVICES IN ORDER TO AMEND SECTION 1, "AGREEMENT"
OF RESOLUTION NO 2944 TO CORRECT AND CLARIFY SECTION 1
6 "AGREEMENT" BY CLARIFYING THAT PROGRAM SERVICES WILL BE
PROVIDED TO AUBURN RESIDENTS RATHER THAN JUST THOSE WHO
PARTICIPATE IN THE FAMILIES FIRST PROGRAM
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
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REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT
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SECTION 1 . CORRECTION AND CLARIFICATION: AMENDMENT TO
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RESOLUTION NO. 2944 . The agreement with Children' s Home
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13 Society authorized for execution by the Mayor and City Clerk
14 in Resolution 2944 is to provide child care services to Auburn
15 residents for 1998 utilizing Children' s Home Society programs
16 The agreement does not require the child care services be
17 provided through the Families First Program Thus, Section 1,
18 "AGREEMENT" of Resolution 2944 , approved by the City Council
19 May 4 , 1998 is amended to read as follows
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Resolution No 2962
May 13, 1998
Page 1
1 The Mayor and City Clerk of the City of Auburn
2 are herewith authorized to execute an Agreement
3 ( (for) ) with CHILDREN' S HOME SOCIETY ( (Ccrvicca
4
for) ) to provide child care services ( ( ettEih—t-Ite
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Familico First--Program) ) to Auburn residents for
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7 1998 ( (with) ) utilizing CHILDREN' S HOME SOCIETY
8 programs A copy of said Agreement is attached
9 hereto and denominated Exhibit "A" and incorporated
10 herein
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12 SECTION 2 . AUTHORIZATION. The Mayor is hereby
13 authorized to implement such administrative procedures as may
14 be necessary to carry out the directives of this legislation
15 DATED and SIGNED this 18th day of May, 1998
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CITY OF AUBURN
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18 a ''�""�
19 � 1 Vd I
cvll,�s � ��
20 CHARLES A BOOTH
MAYOR
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Resolution No 2962
May 13, 1998
Page 2
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2 ATTEST
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5 Danielle E Daskam,
City Clerk
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7 APPROVED AS TO FORM
8 /1
10 Michael J Reynolds, � /e, ate( y
11 City Attorney Y/° j
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Resolution No 2962
May 13, 1998
Page 3
1 AGREEMENT FOR SERVICES
2
3 THIS AGREEMENT made and entered into this /13 ✓� day of
4 C ' r�1 , 1998, by and between the CITY OF AUBURN, a
5 municipal corporation of the State of Washington, hereafter
6 referred to as "CITY", and CHILDREN' S HOME SOCIETY, a non-
7 profit corporation organized under the laws of the State of
8 Washington, whose address is P O Box 1998, Auburn, Washington
9 98071, hereinafter referred to as "CHILDREN' S HOME SOCIETY"
10 WHEREAS, CHILDREN' S HOME SOCIETY
provides a valuable
11 service to the CITY and its residents through its Child Care
12 and Family Advocate programs; and
13 WHEREAS, the CITY is interested in continuing support of
14 the CHILDREN' S HOME SOCIETY' s Day Care and Family Advocate
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programs
16 NOW, THEREFORE, In consideration of the covenants and
17 conditions of this Agreement, the parties agree as follows
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I PURPOSE.
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20 The purpose of this Agreement is to provide for an
21 appropriation to CHILDREN' S HOME SOCIETY' S Auburn Branch to
22 provide childcare to Auburn residents participating in
23 CHILDREN' S HOME SOCIETY programs during the 1998 term and to
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Agreement - Children's Home Society 1998
Exhibit 'A Resolution No 2944
April 20, 1998 (a\agree\chs98)
Page 1
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2 assist CHILDREN' S HOME SOCIETY to provide a Family Advocate to
3 deliver services to families at the Auburn Family Resource
4 Center during the 1998 term This continued support is in
5 recognition of the fact that the demand for the services
6 delivered by the CHILDREN' S HOME SOCIETY at its south King
County facilities continues to rise
8 II. SCOPE OF SERVICES.
9 A The parties agree and understand that CHILDREN' S
10 HOME SOCIETY agrees to provide child care services to Auburn
11 residents utilizing CHILDREN' S HOME SOCIETY Programs Child
12 care services shall include but are not limited to those
13 services described as follows
14 1) Child Development staff who provide on-site child
15 care at the Auburn Center and supervise child care
16 volunteers
17 2) Care for infants and toddlers which offers
18 opportunities for children to grow and develop and
19 assists parents in improving their skills in caring
20 for and nurturing their children
21 3) Prevention of child abuse and neglect by giving
22 parents and children a time out from each other when
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Agreement - Children's Home Society 1998
Exhibit 'A Resolution No 2944
April 20, 1998 fa\agree\chs981
Page 2
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the parent is out of control, angry or upset, or
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overwhelmed by the responsibilities of parenthood
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B The parties agree and understand that CHILDREN' S
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HOME SOCIETY agrees to provide center based family advocate
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services to Auburn residents Center based Family Advocate
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services shall include but are not limited to those services
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described as follows
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1) A Family Advocate, located at a site designated as a
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Family Resource Center, who assists families to
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obtain needed resources and provides families with
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information on Center activities
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2) Coordination of Family Resource Center classes and
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activities
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3) In addition, CHILDREN' S HOME SOCIETY agrees to work
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closely with the CITY OF AUBURN in developing and improving
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other ways to address the needs of Auburn families served
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through CHILDREN' S HOME SOCIETY' s south King County Branch
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19 III STATUS REPORT
20 CHILDREN' S HOME SOCIETY shall develop and provide to the
21 City within 60 days after the completion of the 1998 calendar
22 year a status report containing a program evaluation component
23 commonly referred to as the "Logic Model" which will show the
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Agreement - Children's Home Society 1998
Exhibit "A" Resolution No 2944
April 20 1998 fa\agree\chs981
Page 3
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intended linkages between the activities conducted and the
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changes the activities will produce
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A The components of the evaluation will
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5 1) Identify both process and outcome portions of
6 services provided by Children ' s Home Society at its
Auburn facility as established by this agreement;
8 2) show the relationship of program resources and
9 activities to the expected results or outcomes
10 3) Help identify those questions the evaluation is to
11 answer
12 4) Provide a graphic summary of how program parts
13 relate to the whole
14 5) Make explicit the underlying theory of the program
15 and
16 6) Identify measurable categories in the program
17 evaluation
18 B CHILDREN' S HOME SOCIETY shall develop the following
19 status report components within the time frames
20 established below
21 1) 2nd Quarter 1998 Year
22 a) The outcome based results CHILDREN' S HOME SOCIETY
23 expects to achieve;
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Agreement - Children's Home Society 1998
Exhibit "A Resolution No 2944
April 20, 1998 (a\agree\chs981
Page 4
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b) An indicator to inform CHILDREN' S HOME SOCIETY
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that the anticipated change has or has not
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occurred;
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c) The method for gathering information needed to
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indicate the outcomes that have occurred;
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2) 3rd Quarter 1998 Year
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a) Initial Collection and assessment of the
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information acquired to include
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alterations in the anticipated outcomes or
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alteration in the methodology of information
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gathering
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3) 4`h Quarter 1998
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a) Information collected;
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b) Conclusions developed as a result of the
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information
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IV. TERM.
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The term of this Agreement shall commence on January 1,
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1998 and shall expire on December 31, 1998
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Agreement - Children's Home Society 1998
Exhibit "A" Resolution No 2944
April 20, 1998 [a\agree\chs981
Page 5
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V COMPENSATION.
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3 As full and total payment for the services provided under
this Agreement, the CITY agrees to pay CHILDREN' S HOME SOCIETY
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the total amount of THIRTY THOUSAND DOLLARS ($30, 000)
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CHILDREN' S HOME SOCIETY will submit a statement to the CITY
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7 quarterly describing services that it has rendered under the
8 terms of this Agreement and the CITY will pay an amount equal
g to one-quarter of the total amount by the twenty-eighth (28th)
10 day of the month following the end of the quarter However,
11 the final statement of services rendered will be submitted on
12 or before December 15, 1998
13 VI. INDEMNIFICATION.
14 CHILDREN' S HOME SOCIETY agrees to defend, indemnify, and
15 hold harmless the CITY, its elected and appointed officials,
16 employees and agents from and against any and all claims,
17 demands and/or causes of action of any kind or character
18 whatsoever arising out of or relating to services provided by
19 CHILDREN' S HOME SOCIETY, its employees, volunteers or agents
20 concerning any and all claims by any persons for alleged
21 injury or damage to persons or property to the extent caused
22 by the negligent acts, errors or omissions of CHILDREN' S HOME
23 SOCIETY, its employees, volunteers or agents or
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Agreement - Children s Home Society 1998
Exhibit 'A Resolution No 2944
April 20, 1998 (a\agree\chs981
Page 6
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representatives In the event that any suit or claim for
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damages based upon such claim, action, loss or damage is
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brought against the CITY, CHILDREN' S HOME SOCIETY shall defend
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the same as its sole costs and expense; provided that the CITY
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retains the right to participate in said suit if any principle
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of governmental or public law is involved; and if final
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judgment be rendered against the CITY and/or its officers,
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elected officials, agents and employees or any of them or
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jointly against the CITY and CHILDREN' S HOME SOCIETY and their
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respective officers, agents, volunteers, employees or any of
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them, CHILDREN' S HOME SOCIETY shall fully satisfy the same and
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shall reimburse the CITY any costs and expense which the CITY
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has incurred as a result of such claim or suit The
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provisions of this section shall survive the expiration or
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termination of this Agreement
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VII. INDEPENDENT CONTRACTOR/ASSIGNMENT.
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18 The parties agree and understand that CHILDREN' S HOME
19 SOCIETY is an independent contractor and not the agent or
20 employee of the CITY and that no liability shall attach to the
21 CITY by reason of entering into this Agreement except as
22 provided herein The services required under this Agreement
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Agreement - Children s Home Society 1998
Exhibit 'A Resolution No 2944
April 20, 1998 {a\agree\chs98)
Page 7
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may not be assigned or subcontracted by CHILDREN' S HOME
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SOCIETY without the prior written consent of the CITY
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VIII INSURANCE.
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CHILDREN' S HOME SOCIETY shall procure and maintain for
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the duration of this Agreement insurance against claims for
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injuries to persons or property which may arise from or in
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connection with services provided by CHILDREN' S HOME SOCIETY,
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it agents, employees or volunteers under this Agreement
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CHILDREN' S HOME SOCIETY agrees to provide comprehensive
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general liability insurance and shall maintain liability
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limits of not less than ONE MILLION DOLLARS ($1, 000 , 000)
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combined single limit coverage per occurrence for bodily
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injury, personal injury and property damage CHILDREN' S HOME
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SOCIETY shall also provide and maintain professional liability
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coverage including errors and omissions coverage in the
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minimum liability amount of ONE MILLION DOLLARS ($1, 000 , 000)
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combined single limit per occurrence for bodily injury,
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personal injury and property damage Any deductibles or self
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insured retentions in either policies must be declared to and
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21 approved by the CITY At the option of the CITY either The
22 insurer shall reduce or eliminate such deductibles or self
23 insured retentions as respects the CITY, its officials and
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Agreement - Children's Home Society 1998
Exhibit "A" Resolution No 2944
April 20, 1998 (a\agree\chs98]
Page 8
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employees; or, CHILDREN' S HOME SOCIETY shall procure a bond
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guaranteeing payment of losses and related investigations,
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claim administration and defense expenses The policies are
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to contain or be endorsed to contain the following provisions
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A GENERAL LIABILITY COVERAGE.
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1) The CITY, its elected and appointed officials,
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employees and agents are to be covered as insureds
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as respects Liability arising out of services and
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activities performed by or on behalf of CHILDREN' S
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HOME SOCIETY, its employees, agents and volunteers
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The coverage shall contain no special limitations on
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the scope of protection afforded to the CITY, its
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elected and appointed officials, employees or
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agents
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B GENERAL LIABILITY AND PROFESSIONAL LIABILITY
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COVERAGES:
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1) CHILDREN' S HOME SOCIETY' S insurance coverage
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shall be primary insurance as respects the
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CITY, its officials, employees and agents Any
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insurance or self insurance maintained by the
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CITY, its officials, employees or agents shall
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Agreement - Children's Home Society 1998
Exhibit 'A Resolution No 2944
April 20, 1998 [a\agree\chs98)
Page 9
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be in excess of CHILDREN' S HOME SOCIETY' S
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insurance and shall not contribute with it
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2) Any failure to comply with reporting provisions
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of the policy shall not affect coverage
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provided to the CITY, its officials, employees
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or agents
8 3) Coverage shall state that CHILDREN' S HOME
9 SOCIETY' S insurance shall apply separately to
10 each insured against whom claim is bought or
11 suit is brought except with respect to the
12 limits to the insurer ' s liability
13 4) Each insurance policy required by this clause
14 shall be endorsed to state that coverage shall
15 not be suspended, voided, cancelled, reduced in
16 coverage, or in limits except after thirty (30)
17 days prior written notice by certified mail
18 return receipt requested has been given to the
19 CITY CHILDREN' S HOME SOCIETY agrees to
20 provide copies of the Certificates of Insurance
21 to the CITY at the time that this Agreement
22 takes effect
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Agreement - Children's Home Society 1998
Exhibit "A" Resolution No 2944
April 20, 1998 {a\agree\chs981
Page 10
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5) CHILDREN' S HOME SOCIETY shall furnish the CITY
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with Certificates of Insurance and with
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original endorsements affecting coverage
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required by this clause The certificate and
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endorsements for each insurance policy are to
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be signed by a person authorized by that
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insurer to bind coverage on its behalf The
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CITY reserves the right to require complete,
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certified copies of all required insurance
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policies at any time
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6) CHILDREN' S HOME SOCIETY shall include all
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volunteers, employees and agents under its
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policies or shall furnish separate certificates
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15 and endorsements for each All coverages for
volunteers shall be subject to all the
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17 requirements stated herein
18 IX. NONDISCRIMINATION
19 CHILDREN' S HOME SOCIETY shall not discriminate under any
20 services or programs to which this Agreement may apply
21 directly or through contractual or other arrangements on the
22 grounds of race, color, creed, religion, national origin, sex,
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Agreement - Children's Home Society 1998
Exhibit "A" Resolution No 2944
April 20 1998 {a\agree\chs981
Page 11
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2 age, or the presence of any sensory, mental or physical
handicap
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X. BOOKS AND RECORDS.
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CHILDREN' S HOME SOCIETY agrees to maintain separate
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accounts and records in accordance with State Auditor' s
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procedures, including personnel, property, financial and
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programmatic records which sufficiently reflect direct and
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indirect costs and services performed under this Agreement
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10 CHILDREN' S HOME SOCIETY agrees to maintain all books and
11 records relating to this Agreement for a period of three (3)
12 years following the date that this Agreement is expired or
13 otherwise terminated The parties agree that the CITY OF
14 AUBURN may inspect such documents upon good cause at any
15 reasonable time within the three (3) year period
16 XI . TERMINATION OF AGREEMENT.
17 This Agreement may be terminated by either party upon ten
18 (10) days written notice should the other party fail
19 substantially to perform in accordance with its terms through
20 no fault of the other
21 XII. GENERAL PROVISIONS.
22 A CHILDREN' S HOME SOCIETY agrees to submit a
23 report to the CITY no later than December 15,
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Agreement - Children's Home Society 1998
Exhibit 'A" Resolution No 2944
April 20, 1998 (a\agree\chs98)
Page 12
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1998, describing the progress and activities
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performed for the year 1998 under its scope of
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services
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B This Agreement shall be governed by the laws,
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6 regulations and ordinances of the City of
Auburn, the State of Washington, and County of
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8 King and where applicable, Federal laws
C The CITY and CHILDREN' S HOME SOCIETY
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10 respectively bind themselves , their successors,
11 volunteers, assigns and legal representatives
12 to the other party to this Agreement and with
13 respect to all covenants to this Agreement
14 D This Agreement represents the entire and
15 integrated Agreement between the CITY and
16 CHILDREN' S HOME SOCIETY and supersedes all
17 prior negotiations This Agreement may be
18 amended only by written instrument signed by
19 both the CITY and CHILDREN' S HOME SOCIETY
20 E Should it become necessary to enforce any term
21 or obligation of this Agreement, then all costs
22 of enforcement including attorneys fees and
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Agreement - Children s Home Society 1998
Exhibit 'A" Resolution No 2944
April 20, 1998 (a\agree\chs981
Page 13
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expenses and court costs shall be paid to the
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substantially prevailing party
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F CHILDREN' S HOME SOCIETY agrees to comply with
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all local, state and federal laws applicable to
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its performance under this Agreement
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CITY OF AUBURN
10 CHARLES A BOOTH
11 MAYOR
12 ATTEST
13 \
14 ii I t
15 Danielle E Daskam,
16 City Clerk
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18 APPROVED AS TO FORM
19 r
20 �r'"er g
21 Michael J Reynolds,
22 City Attorney
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Agreement - Children s Home Society 1998
Exhibit 'A" Resolution No 2944
April 20, 1998 la\agree\chs98)
Page 14
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CHILDREN'S HOME SOCIETY
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4 BY W J/ v C- 711-46.
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6 TITLE _ Acting President/CEO
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10 STATE OF WASHINGTON )
ss
11 COUNTY OF KING
12 On this 0?/ 61') day of CLt� , 1998 , before
me, the undersigned, a Notary Public / in and for the State of
Washington, personally appeared William C . Mahler, pAAresigent
13 to me known to be the Executive Director of CHILDREN' S HOME
14 SOCIETY, the non-profit corporation that executed the within
and foregoing instrument, and acknowledged said instrument to
15 be the free and voluntary act and deed of said non-profit
corporation for the uses and purposes therein mentioned, and
16 on oath stated that he/she is authorized to execute said
instrument on behalf of said non-profit corporation
17 IN WITNESS WHEREOF, I have hereunto set my hand and
18 affixed my official seal the date hereinabove set forth
19
accommumv.
r e? , .WA;4gF�
20 5,o�,�ss�oa1.plyhh
21 *pN07AAy "'_*%NOTARY PUBLIC in and for t e State of
P C • %Washington, residing in v'
east UBL1 'zi
22
23 ,1 •x,•,-„,t9 ASH .,:r MY COMMISSION expires e2., 7—a 000
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Agreement - Children s Home Society 1998
Exhibit 'A Resolution No 2944
April 20, 1998 la\agree\chs981
Page 15
RECORDS MANAGEMENT
ORDINANCE/RESOLUTION DISTRIBUTION
ORDINANCE NO• DATE ADOPTED• 57/607
RESOLUTION NO o294d-- EFFECTIVE DATE:
RECORDING FILE. CODE BOOK.
DEPARTMENT DISTRIBUTION
DEPT a%, 1.I .. . y .- „..:.- .
.,� `.�CON�TACT;:° �'.. . .. . :9,� DATE,
Pic- L1 4c-( 14=;-�r-d/
Aa-/Z-sdhdcl
CITIZEN REQUESTS
. {NAME ._. r i' 1.,c`:ADDRESS:71; : .. .,. :" DATE
F:CLERK\RECORDS1RECFORNI
Ot3'or
CHARLES A. BOOTH,MAYOR / Aff"'t AUBURN CITY CLERK
Danielle Daskam,City Clerk • 25 W'tst Main, Auburn,WA 98001
Cathy Richardson,Deputy City Clerk Cition:ty Clerk:(253)931 3039
Tame Bothell, Records/License Clerk \ ��!!� JBusiness Registra (253)931 3007 Fax (253)288-3132
484 i Ile
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 2962 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO.2962."
I certify that said Resolution No. 2962 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 18th day of May, 1998.
Witness my hand and the seal of the City of Auburn this 20th day of August,
1998.
LatD4,41.4)...„—
Danielle Daskam, City Clerk
City of Auburn
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