HomeMy WebLinkAbout2936] RESOLUTION NO. 2 9 3 6
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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.
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
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Section 1. The Mayor and City Clerk of the City of
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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.
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CITY OF AUBURN
19
22 CHARLES A. BOOTH
23 MAYOR
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Resolution No. 2936
April 3, 1998
Page 1
1 ATTEST:
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4 Daniell~ E. Daskam,
City Clerk
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7 APPROVED AS TO FORM:
]~J. ReYnolds,
City Attorney
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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}
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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}
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