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HomeMy WebLinkAbout2936] RESOLUTION NO. 2 9 3 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE AUBURN FOOD 4 BANK FOR 1998. 5 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: 7 Section 1. The Mayor and City Clerk of the City of 8 9 Auburn are herewith authorized to enter into an Agreement ]0 between the City of Auburn and THE AUBURN FOOD BANK, a local 11 non-profit charitable organization, to provide meals for the 12 needy, lonely, poor and infirm for 1998. A copy of said ]3 Agreement is attached hereto and denominated Exhibit "A". 14 Section 2. The Mayor is hereby authorized to implement ]5 such administrative procedures as may be necessary to carry 16 out the directires of this legislation. 17 DATED and SIGNED this 6th day of April, 1998. 18 CITY OF AUBURN 19 22 CHARLES A. BOOTH 23 MAYOR 24 26 Resolution No. 2936 April 3, 1998 Page 1 1 ATTEST: 2 4 Daniell~ E. Daskam, City Clerk 5 6 7 APPROVED AS TO FORM: ]~J. ReYnolds, City Attorney 11 ]2 13 14 ]5 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2936 April 3, 1998 Page 2 AGREEMENT THIS AGREEMENT is made and entered into this 2 ~ day of 4.~ri; , 1998, by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation of the State of Washington hereinafter referred to as "CITY" whose address is 25 W. Main St., Auburn, WA 98001, and AUBURN FOOD BANK, a local non-profit charitable organization hereinafter referred to as "THE FOOD BANK" whose postal address is P.O. Box 464 Auburn, Washington, WITNESSETH: WHEREAS, THE FOOD BANK through its COMMUNITY SUPPERS PROGRAM provides free wholesome meals for the needy, lonely, poor and infirm once a week filling a real need within the Auburn community; and WHEREAS, THE FOOD BANK'S COMMUNITY SUPPERS PROGRAM has a fine staff of volunteers, several merchants have responded by donating perishable food, as well as government surplus meats and commodities provided by THE FOOD BANK; and WHEREAS, THE FOOD BANK's COMMUNITY SUPPERS PROGRAM is in severe financial need to continue the aforementioned civic program; NOW, THEREFORE, for and in consideration of the benefits to be derived by the parties hereto and the Auburn Food Bank Resolution No. 2936 Exhibit "A" April 3, 1998 {c\agree\afb98} Page 1 citizens of the City of Auburn, and in consideration of the promises, covenants, terms and conditions contained, the parties agree as follows: 1. PURPOSE The purpose of this Agreement is to provide a contribution by the CITY to THE AUBURN BANK's COMMUNITY SUPPERS PROGRAM for their provision of free wholesome meals once a week to the needy, lonely, and infirm. 2. SCOPE OF SERVICE THE AUBURN FOOD BANK through its COMMUNITY SUPPERS PROGRAM shall provide once a week wholesome meals to the needy, lonely, poor and infirm at no cost to the recipients. 3. COMPENSATION AND TERM OF AGREEMENT The CITY shall contribute to THE AUBURN FOOD BANK for its COMMUNITY SUPPERS PROGRAM the sum of TWO HUNDRED DOLLARS ($200.00) per month commencing January 1, 1998, payable on the first of each month through December 31, 1998. However, the final statement of services rendered will be submitted on or before December 15, 1998. Auburn Food Bank Resolution No. 2936 Exhibit "A" April 3, 1998 {c\agree\afb98} Page 2 4. STATUS REPORT THE AUBURN FOOD BANK shall at the request of the Auburn Finance Director account to the CITY for the utilization of said funds by billing the City monthly by invoice indicating the number of meals served, to whom meals were served and the cost thereof. 5. NONDISCRIMINATION THE AUBURN FOOD BANK's COMMUNITY SUPPERS PROGRAM shall provide meals without discrimination on account of race, color, creed, religion, national origin, sex, age, or the presence of any sensory, mental or physical handicap. 6. TERMINATION OF AGREEMENT This contract may be terminated by either party hereto by giving thirty (30) days written notice of intent to terminate to the other party. 7. INDEMNIFICATION/HOLD HARMLESS THE AUBURN FOOD BANK agrees to defend, indemnify and hold harmless the CITY, its elected and appointed officials, employees and agents from and against any and all claims, demands and/or causes of action of any kind or character whatsoever arising out of or relating to THE FOOD BANK's COMMUNITY SUPPERS PROGRAM, its Auburn Food Bank Resolution No. 2936 Exhibit "A" April 3, 1998 {c\agree\afb98} Page 3 employees, subcontractor or agents for any and all claims by any persons for alleged personal injury, death or damage to their persons or property to the extent caused by the negligent acts, errors or omissions of THE FOOD BANK its employees, agents, subcontractors, or representatives. In the event that any suit of claim for damages based upon such claim, action, loss or damages is brought against the CITY, THE AUBURN BANK COMMUNITY SUPPERS PROGRAM shall defend the same at its sole cost and expense; provided that the CITY retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the CITY and/or its officers, agents and/or employees or any of them or jointly against the CITY and THE FOOD BANK and their respective officers, agents, subcontractors, employees or any of them, THE AUBURN BANK agrees to fully satisfy the same and THE AUBURN BANK shall reimburse the CITY for any cost and expense which the CITY has incurred as a result of such claim or suit. The provisions of this section shall survive the expiration or termination of this Agreement. Auburn Food Bank Resolution No. 2936 Exhibit "A" April 3, 1998 {c\agree\afb98} Page 4 CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney AUBURN FOOD BANK Titl~ Auburn Food Bank Resolution No. 2936 Exhibit "A" April 3, 1998 {c\agree\afb98} Page 5 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ~ day of ~1 , 1998, before me, the undersigned, a Notary Public in and for the State of WaShington, duly commissioned and sworn, personally appeared to me known to the ~~~ and ~D~%n\~V-- , respectively, of T~E A~U~ FOOD B~, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. ~~~ ./ ~Y PUBLIC in a~ for ~he S~a~e of Washington, residing C,~~~ MY COMMISSION EXPIRES: ~-~-~~ Auburn Food Bank Resolution No. 2936 Exhibit "A" April 3, 1998 {c\agree\afb98} Page 6