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HomeMy WebLinkAbout3036] RESOLUTION NO. 3 0 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 1999. 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 10 between the City of Auburn and THE AUBURN FOOD BANK, a local ll non-profit charitable organization, to provide meals for the 12 needy, lonely, poor and infirm for 1999. A copy of said ]3 Agreement is attached hereto and denominated Exhibit "A". ]4 Section 2. The Mayor is hereby authorized to implement 15 such administrative procedures as may be necessary to carry 18 out the directives of this lf~islation. ~~.of F 1999. 17 DATED and SIGNED this day ebruary, ]9 CITY OF AUBURN 20 22 23 CHARLES A. BOOTH 24 MAYOR 25 26 Resolution No. 3036 December 21, 1998 Page 1 1 2 3 ATTEST: 4 ~E. Daskam, City Clerk 7 8 9 APPROVED AS TO FORM: 10 ll/M~icha~ ]2 nolds, ]3 City Attorney 14 15 ]6 17 18 19 20 22 24 25 26 Resolution No. 3036 December 21, 1998 Page 2 1 AGREEMENT AUBURN FOOD BANK 4 THROUGH ITS COMMUNITY SUPPERS PROGRAM 6 7 THIS AGREEMENT is made and entered into this /~'~ day of 8 [~~ , 1999, by and between the CITY OF AUBURN, 9 WASHINGTON, a municipal corporation of the State of Washington 10 hereinafter referred to as "CITY" whose address is 25 W. Main ]1 St., Auburn, WA 98001, and AUBURN FOOD BANK, a local non- 12 13 profit charitable organization hereinafter referred to as ~THE 14 FOOD BANK" whose postal address is P. O. Box 464 Auburn, 15 Washington, WITNESSETH: WHEREAS, THE FOOD BANK through its COMITY SUPPERS ]7 PROGRAM provides free wholesome meals for the needy, lonely, ]8 19 poor and infirm once a week filling a real need within the Auburn community; and 20 WHEREAS, THE FOOD BANK'S COMMUNITY SUPPERS PROGRAM has a 21 fine staff of volunteers, several merchants have responded by 22 23 donating perishable food, as well as government surplus meats and commodities provided by THE FOOD BANK; and 24 25 Auburn Food Bank Resolution N0. 3036 Exhibit "A" Dece~er 18, 1999 {a\afb-cs99} Page 1 1 WHEREAS, THE FOOD BANK's COMMUNITY SUPPERS PROGRAM is in 2 severe financial need to continue the aforementioned civic 3 program; 4 NOW, THEREFORE, for and in consideration of the benefits 5 to be derived by the parties hereto and the citizens of the 6 City of Auburn, and in consideration of the promises, 7 covenants, terms and conditions contained, the parties agree 8 as follows: 9 1. PURPOSE ]0 The purpose of this Agreement is to provide a 11 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. 14 2. SCOPE OF SERVICE ]5 THE AUBURN FOOD BANK through its COMMUNITY SUPPERS PROGRAM shall provide once a week wholesome meals to the 17 needy, lonely, poor and infirm at no cost to the ]8 recipients. ]9 3. COMPENSATION AND TERM OF AGREEMENT 20 21 The CITY shall contribute to THE AUBURN FOOD BANK for its 22 COMMUNITY SUPPERS PROGRAM the sum of TWO HUNDRED DOLLARS 23 ($200.00) per month commencing January 1, 1999, payable 24 on the first of each month through December 31, 1999. 25 26 .................................... Auburn Food Bank Resolution No. 3036 Exhibit "A" Dece~er 18, 1999 {a\afb-cs99} Page 2 1 However, the final statement of services rendered will be 2 submitted on or before December 15, 1999. 3 4. STATUS REPORT 4 THE AUBURN FOOD BANK shall at the request of the Auburn 5 Finance Director account to the CITY for the utilization 6 of said funds by billing the City monthly by invoice 7 indicating the number of meals served, to whom meals were 8 served and the cost thereof. 9 5. NONDISCRIMINATION 10 THE AUBURN FOOD BANK's COMMUNITY SUPPERS PROGRAM shall provide meals without discrimination on account of race, 12 color, creed, religion, national origin, sex, age, or the ]3 presence of any sensory, mental or physical handicap. ]4 6. TERMINATION OF AGREEMENT 15 16 This contract may be terminated by either party hereto by 17 giving thirty (30) days written notice of intent to ]8 terminate to the other party. 19 7. INDEMNIFICATION/HOLD HARMLES~ 20 THE AUBURN FOOD BANK agrees to defend, indemnify and hold 21 harmless the CITY, its elected and appointed officials, 22 employees and agents from and against any and all claims, 23 demands and/or causes of action of any kind or character 24 whatsoever arising out of or relating to THE FOOD BANK's 25 Auburn Food Bank Resolution No. 3036 Exhibit "A" Dece~er 18, 1999 {a\afb-cs99} Page 3 1 COMMUNITY SUPPERS PROGRAM, its employees, subcontractor 2 or agents for any and all claims by any persons for 3 alleged personal injury, death or damage to their persons 4 or property to the extent caused by the negligent acts, 5 errors or omissions of THE FOOD BANK its employees, 6 agents, subcontractors, or representatives. In the event 7 that any suit of claim for damages based upon such claim, 8 action, loss or damages is brought against the CITY, THE 9 AUBURN BANK COMMUNITY SUPPERS PROGRAM shall defend the 10 same at its sole cost and expense; provided that the CITY 11 retains the right to participate in said suit if any ]2 principle of governmental or public law is involved; and 13 if final judgment be rendered against the CITY and/or its 14 officers, agents and/or employees or any of them or ]5 jointly against the CITY and THE FOOD BANK and their 16 respective officers, agents, subcontractors, employees or ]7 any of them, THE AUBURN BANK agrees to fully satisfy the 18 same and THE AUBURN BANK shall reimburse the CITY for any 19 cost and expense which the CITY has incurred as a result 20 of such claim or suit. The provisions of this section 21 shall survive the expiration or termination of this 22 Agreement. 23 24 25 Auburn Food Bank Resolution No. 3036 Exhibit "A" Dece~er 18, 1999 {a\afb-cs99} Page 4 1 CITY OF AUBURN 2 3 5 CHARLES A. BOOTH MAYOR 7 8 ATTEST: 9 11 elle E. Daskam, ]2 City Clerk 13 14 AFtROVED AS TO FORM: ]5 17 Michael J. Reynolds, City Attorney 18 19 20 21 22 23 24 25 Auburn Food Bank Resolution No. 3036 Exhibit "A" December 18, 1999 {a\afb-cs99) Page 5 1 2 AUBURN FOOD BANK 3 By: ' 4 5 Title: I 6 By: 7 8 Title: 9 10 STATE OF WASHINGTON ) )SS l l COITNTY OF KING ) 12 ~ /~1 On this day of ) ~/1~iL 1999, before 13 me, the undersigned~ a Notary ic in and fo~ the State of 14 n ~)/~ , to me known to the ~F~;'~ and 15 ~/~ , respectively, of THE FOOD B~, the corporation that executed the within and 16 fo~egoin9 instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, 17 for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument 18 and that the seal affixed is the corporate seal of said corporat ion. 19 IN WITNESS WHEREOF, I have hereunto set my hand and 20 affixed my official seal on the date hereinshore set forth. 22 'OT~Y P~LIC in a~'for the State of 23 ~ ~ ~PU~~, Washington, residin9 at '~~ 25 26 .................................... Auburn Food Bank Resolution No. 3036 Exhibit "A" Dece~er 18, 1999 {a~afb-cs99} Page 6