HomeMy WebLinkAbout29411 RESOLUTION NO. 2 9 4 1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR SERVICES WITH THE AUBURN FOOD BANK TO PURCHASE
4 AND PROVIDE FOOD TO AUBURN RESIDENTS DURING 1998.
5
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
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Section 1. The Mayor and City Clerk of the City of
8
9 Auburn, Washington, are hereby authorized to enter into an
]0 Agreement for Services with The Auburn Food Bank to provide
11 for the purchase and providing of food to Auburn residents
]2 during 1998. A copy of the Agreement is attached hereto,
]3 designated as Exhibit "A" and is incorporated by reference in
14 this Resolution.
15 Section 2. The Mayor is hereby authorized to implement
]8 such administrative procedures as may be necessary to carry
17 out the directives of this legislation.
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Resolution No. 2941
April 16, 1998
Page 1
1 DATED and SIGNED this 4th day of May, 1998.
2
3
4 CITY OF AUBURN
5
7 CHARLES A. BOOTH
8 MAYOR
9
10 ATTEST:
11
elle E. Daskam,
]4 City Clerk
15
16
APPROVED AS TO FORM:
17
18 ~~vnol~d
19 ·
20 City Attorney
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Resolution No. 2941
April 16, 1998
Page 2
AGREEMENT FOR SERVICES
2
3 THIS AGREEMENT made and entered into this ~'~ day of
4 kT~~ , 1998, by and between the CITY OF AUBURN,
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a municipal corporation of the State of Washington, hereafter
referred to as "CITY" and TEE AUBURN FOOD BANK, a non-profit
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corporation organized under the laws of the State of
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Washington, whose mailing address is P.O. Box 464, Auburn,
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Washington 98071 and service address is 930 18th Place
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Northeast, Auburn, Washington 98002, hereinafter referred to
]]
as "TEE AUBURN FOOD BANK".
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WHEREAS, THE AUBURN FOOD BANK provides a valuable service
to the CITY and its residents through the dispensation of
]4
food; and
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WHEREAS, the CITY is interested in continuing support of
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the dispensation of food.
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NOW, THEREFORE, In consideration of the covenants and
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conditions of this Agreement, the parties agree as follows:
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I. PURPOSE.
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The purpose of this Agreement is to provide for an
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appropriation from the City to THE AUBURN FOOD BANK to be used
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for the purchase and providing of food to Auburn residents
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during the 1998 term. This continued support is in
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AgreMent - The Au~rn Fo~ Bank 1~8
Exhibft "A" Resotution No, 2941 {a\agree\af~8)
Aprit 20, 1998
Page 1
1
recognition of the fact that the demand for the services
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delivered by THE AUBURN FOOD BANK continues to rise.
II. SCOPE OF SERVICES.
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The parties agree and understand that THE AUBURN FOOD
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BANK agrees to use the appropriation from the City for the
purchase of food to be provided to Auburn residents at local
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distribution site(s) within the Auburn Community. Services
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shall include but are not limited to those services described
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as follows:
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A. Distribution of packaged, canned, fresh and
]1
preparable food items to Auburn residents who lack
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sufficient economic resources to provide themselves
with regular meals and a balanced diet.
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B. Education of the community concerning (1) the
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importance of food in the community; (2) the
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inability of certain segments of the community's
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population to acquire necessary food independent of
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the food bank; and (3) the importance of the role of
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the Auburn Food Bank in the Auburn Community.
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In addition, THE AUBURN FOOD BANK agrees to work closely
with the CITY OF AUBURN in developing and improving other ways
to address the needs of Auburn residents served through THE
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AUBURN FOOD BANK.
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Agreement - The Au~rn Fo~ Bank
Exhibit "A" Resolution No, 2941 {a\agree\af~8}
April 20, 1998
Page 2
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III. STATUS REPORT
THE AUBURN FOOD BANK shall develop and provide to the
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City within 60 days after the completion of the 1998 calendar
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year a status report containing a program evaluation component
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commonly referred to as the "Logic Model" which will show the
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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1) Identify both process and outcome portions of the
]0
food distribution and education programs;
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2) Show the relationship of program resources and
]2
activities to the expected results or outcomes
3) Help identify those questions the evaluation is to
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answer
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4) Provide a graphic summary of how program parts
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relate to the whole
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5) Make explicit the underlying theory of the program
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and
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6) Identify measurable categories in the program
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evaluation.
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B. The Food Bank shall develop the following status
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23 report components within the time frames established
below:
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26
Agreement - The Auburn Fo~ Bank 1998
Exhibit "A" Resotution No. 2~1 {a\agree\af~8}
Apri t 20, lW8
Page 3
]
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1) 2na Quarter 1998 Year
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a) The outcome based results the Auburn Food Bank
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expects to achieve;
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b) An indicator to inform the Auburn Food Bank that
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the anticipated change has or has not 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) 3=a 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
]4
15 gathering.
3) 4th Quarter 1998
a) Information collected;
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b) Conclusions developed as a result of the
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19 information
IV. TERM.
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The term of this Agreement shall commence on January 1,
2]
1998 and shall expire on December 31, 1998.
V. COMPENSATION.
As full and total payment for the services provided under
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this Agreement, the CITY agrees to pay THE AUBURN FOOD BANK an
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Agreement - The Au~rn Food Bank
Exhibit "A" Resotution No. 2941 (a\agree\af~8)
April 20, 1~8
Page 4
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amount not to exceed TEN THOUSAND FIVE HUNDRED FORTY DOLLARS
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($10,540). THE AUBURN FOOD BANK will submit a quarterly
statement to the CITY describing services that it has rendered
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under the terms of this Agreement and the CITY will pay an
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amount equal to one-quarter of the total amount by the twenty-
eighth (28th) day of the month following the end of the
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quarter. However, the final statement of services rendered
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will be submitted on or before December 15, 1998.
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VI. INDEMNIFICATION.
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THE AUBURN FOOD BANK agrees to defend, indemnify, and
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hold harmless the CITY, its elected and appointed officials,
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employees and agents from and against any and all claims,
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demands and/or causes of action of any kind or character
]4
whatsoever arising out of or relating to services provided by
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THE AUBURN FOOD BANK, its employees, volunteers or agents
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concerning any and all claims by any persons for alleged
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injury or damage to persons or property to the extent caused
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by the negligent acts, errors or omissions of THE AUBURN FOOD
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BANK, its employees, volunteers or agents or representatives.
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In the event that any suit or claim for damages based upon
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such claim, action, loss or damage is brought against the
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CITY, THE AUBURN FOOD BANK shall defend the same as its sole
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costs and expense; provided that the CITY retains the right to
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participate in said suit if any principle of governmental or
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Agree~nt - The Au~rn Food Bank 1998
Exhibit "A" ResoLution No, 2941 {a\agree\af~8}
April 20, 1998
Page 5
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public law is involved; and if final judgment be rendered
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against the CITY and/or its officers, elected officials,
agents and employees or any of them or jointly against the
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CITY and THE AUBURN FOOD BANK and their respective officers,
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agents, volunteers, employees or any of them, THE AUBURN FOOD
BANK shall fully satisfy the same and shall reimburse the CITY
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any costs and expense which the CITY has incurred as a result
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of such claim or suit. The provisions of this section shall
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survive the expiration or termination of this Agreement.
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VII. INDEPENDENT AGREEMENT OR/ASSIGNMENT.
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The parties agree and understand that THE AUBURN FOOD
]2
BANK is an independent contractor and not the agent or
employee of the CITY and that no liability shall attach to the
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CITY by reason of entering into this Agreement except as
]5
16 provided herein. The services required under this Agreement
]7 may not be assigned or subcontracted by THE AUBURN FOOD BANK
without the prior written consent of the CITY.
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VIII. INSURANCE.
]9
THE AUBURN FOOD BANK shall procure and maintain for the
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duration of this Agreement insurance against claims for
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22 injuries to persons or property which may arise from or in
connection with services provided by THE AUBURN FOOD BANK, it
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24 agents, employees or volunteers under this Agreement. THE
AUBURN FOOD BANK agrees to provide comprehensive general
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Agre~ent - The Au~rn Food Bank 1~8
Exhibit "A" Resolution No. 2941 {a\agree\af~8}
Aprf[ 20, 1~8
Page 6
1
liability insurance and shall maintain liability limits of not
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less than ONE MILLION DOLLARS ($1,000,000) combined single
limit coverage per occurrence for bodily injury, personal
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injury and property damage. THE AUBURN FOOD BANK shall also
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provide and maintain professional liability coverage including
errors and omissions coverage in the minimum liability amount
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of ONE MILLION DOLLARS ($1,000,000) combined single limit per
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occurrence for bodily injury, personal injury and property
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damage. Any deductibles or self insured retentions in either
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policies must be declared to and approved by the CITY. At the
]1
option of the CITY either: The insurer shall reduce or
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eliminate such deductibles or self insured retentions as
respects the CITY, its officials and employees; or THE AUBURN
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FOOD BANK shall procure a bond guaranteeing payment of losses
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and related investigations, claim administration and defense
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expenses. The policies are to contain or be endorsed to
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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 THE AUBURN
FOOD BANK, its employees, agents and volunteers.
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The coverage shall contain no special limitations on
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Agreement - The Au~rn Fo~ Bank 1~8
Exhibit "A" Resolution No. 2941 {a\agree\afb~}
April 20, 1998
Page 7
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the scope of protection afforded to the CITY, its
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elected and appointed officials, employees or
agents.
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B. GENERAL LIABILITY AND PROFESSIONAL LIABILITY
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COVERAGES:
(1) THE AUBURN FOOD BANK'S insurance coverage shall
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be primary insurance as respects the CITY, its
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officials, employees and agents. Any insurance
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or self insurance maintained by the CITY, its
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officials, employees or agents shall be in
excess of THE AUBURN FOOD BANK'S insurance and
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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.
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(3) Coverage shall state that THE AUBURN FOOD
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BANK'S insurance shall apply separately to each
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insured against whom claim is bought or suit is
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brought except with respect to the limits to
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the insurer's liability.
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(4) Each insurance policy required by this section
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shall be endorsed to state that coverage shall
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not be suspended, voided, cancelled, reduced in
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Agree~nt - The Au~rn Fo~ Bank
Exhibit "A" Resotution No. 2941 {a\agree\af~8}
Apri[ 20, 1998
Page 8
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coverage, or in limits except after thirty (30)
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days prior written notice by certified mail
return receipt requested has been given to the
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CITY. THE AUBURN FOOD BANK agrees to provide
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copies of the Certificates of Insurance to the
CITY at the time that this Agreement takes
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effect.
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(5) THE AUBURN FOOD BANK 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 section. The certificate and
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endorsements for each insurance policy are to
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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]8 policies at any time.
(6) THE AUBURN FOOD BANK shall include all
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volunteers, employees and agents under its
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2] policies or shall furnish separate certificates
22 and endorsements for each. All coverages for
23 volunteers shall be subject to all the
24 requirements stated herein.
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Agreement - The Auburn Food Bank 1998
Exhibit "A" Resotution No, 2941 {a\agree\afb98)
Apri t 20, 1998
Page 9
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IX. NONDISCRIMINATION.
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THE AUBURN FOOD BANK shall not discriminate under any
services or programs to which this Agreement may apply
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directly or through contractual or other arrangements on the
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grounds of race, color, creed, religion, national origin, sex,
age, or the presence of any sensory, mental or physical
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handicap.
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X. BOOKS AND RECORDS.
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THE AUBURN FOOD BANK agrees to maintain separate accounts
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and records in accordance with State Auditor's procedures,
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including personnel, property, financial and programmatic
records which sufficiently reflect direct and indirect costs
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and services performed under this Agreement. THE AUBURN FOOD
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BANK agrees to maintain all books and records relating to this
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Agreement for a period of three (3) years following the date
that this Agreement is expired or otherwise terminated. The
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parties agree that the CITY OF AUBURN may inspect such
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documents upon good cause at any reasonable time within the
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three (3) year period.
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XI. TERMINATION OF AGREEMENT.
2]
This Agreement may be terminated by either party upon ten
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(10) days written notice should the other party fail
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substantially to perform in accordance with its terms through
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no fault of the other.
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AgreMeDt o The Au~rD Food Bank 1998
Exhibit "A" Res0[ution No. 2941 {a\agree\af~8}
1
XII. GENERAL PROVISIONS.
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A. THE AUBURN FOOD BANK agrees to submit a report to
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the CITY no later than December 15, 1998, describing the
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progress and activities performed for the year 1998 under
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its scope of services.
B. This Agreement shall be governed by the laws,
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regulations and ordinances of the City of Auburn, the
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State of Washington, and County of King and where
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applicable, Federal laws.
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C. The CITY and THE AUBURN FOOD BANK respectively bind
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themselves, their successors, volunteers, assigns and
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legal representatives to the other party to this
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Agreement and with respect to all covenants to this
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15 Agreement.
D. This Agreement represents the entire and integrated
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17 Agreement between the CITY and THE AUBURN FOOD BANK and
]8 supersedes all prior negotiations. This Agreement may be
amended only by written instrument signed by both the
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CITY and THE AUBURN FOOD BANK.
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E. Should it become necessary to enforce any term or
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obligation of this Agreement, then all costs of
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enforcement including attorneys fees and expenses and
court costs shall be paid to the substantially prevailing
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25 party.
Agreeent - lhe Auburn [o~ 8a~k 1998
[xh~b~t "A" Reso[ut~o. No. 2941 {a\sgree\af~8}
1
F. THE AUBURN FOOD BANK agrees to comply with all
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local, state and federal laws applicable to its
performance under this Agreement.
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CITY OF AUBURlq
7
9 CHARLES A. BOOTH
MAYOR
]0
11 ATTEST:
]2
]3
Danielle E. Daskam,
15 City Clerk
16
17
APPROVED AS TO FORM:
18
20 ~~Re~n~__~
Michael J. ld ,
S
21 City Attorney
22
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Agreement - lhe Au~rn Food 8amk 1998
Exhibit "A" Resolution No. Z941 (a\agree\af~8}
~[ Z0, 1998
Page 12
1 THE AUBURN FOOD BANK
TITL
5
7
8 STATE OF WASHINGTON )
)SS
9 CO~TY OF KING )
10
On this ~/ day of ~(~ 1998, before
]2 to me known to be the Executive Director o RN FOOD
B~K, the non-profit corporation that executed the within and
13 foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said non-profit
14 corporation for the uses and purposes therein mentioned, and
on oath stated that he/she is authorized to execute said
15 instrument on behalf of said non-profit corporation.
1~ IN WITNESS ~EREOF, I have hereunto set my hand and
]7 affixed my official seal the date her ~na~ e set forth.
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19 ~ .
22 M~ ~ .......
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A~ee~ - The Au~P~ Food 8a~k
[x~jb~t "A" eeso[ut~o. N0. 2941
Ap~[ Z0, ~998
Page 13