HomeMy WebLinkAbout3044] RESOLUTION NO. 3 0 4 4
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 1999.
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
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Auburn, Washington, are hereby authorized to enter into an
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Agreement for Services with The Auburn Food Bank to provide
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for the purchase and providing of food to Auburn residents
]1
during 1999. A copy of the Agreement is attached hereto,
designated as Exhibit "A" and is incorporated by reference in
]3
this Resolution.
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Section 2. The Mayor is hereby authorized to implement
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16 such administrative procedures as may be necessary to carry
]7 out the directives of this ~e__~ation.
18 DATED and SIGNED this~ day of February, 1999.
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20
CITY OF AUBURN
2]
23
CHARLES A. BOOTH
24 MAYOR
25
26
Resolution No. 3044
December 23, 1998
Page 1
1
2
3 ATTEST:
4
6 elle E. Daskam,
City Clerk
7
8
9 APPROVED AS TO FORM:
ll
12 olds,
City Attorney
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Resolution No. 3044
December 23, 1998
Page 2
AGREEMENT FOR SERVICES
3 THIS AGREEMENT made and entered into this /~ day of
4 ~~ , 1999, by and between the CITY OF AUBURN,
5 a municipal corporation of the State of Washington, hereafter
6 referred to as "CITY" and THE AUBURN FOOD BANK, a non-profit
7 corporation organized under the laws of the State of
8 Washington, whose mailing address is P.O. Box 464, Auburn,
9 Washington 98071 and service address is 930 lath Place
]0 Northeast, Auburn, Washington 98002, hereinafter referred to
11
as "THE AUBURN FOOD BANK".
]2 WHEREAS, THE AUBURN FOOD BANK provides a valuable service
13 to the CITY and its residents through the dispensation of
14 food; and
15 WHEREAS, the CITY is interested in continuing support of
16 the dispensation of food.
~7 NOW, THEREFORE, In consideration of the covenants and
]8 conditions of this Agreement, the parties agree as follows:
19
I. PURPOSE.
20 The purpose of this Agreement is to provide for an
2] appropriation from the City to THE AUBURN FOOD BANK to be used
22
for the purchase and providing of food to Auburn residents
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during the 1999 term. This continued support is in
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25
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Agreeant - The Au~rn Fo~ Bank 1999
Exhibit "A" Resotution No. 3044 {a\afb~}
December 21, 1999
Page 1
recognition of the fact that the demand for the services
delivered by THE AUBURN FOOD BANK continues to rise.
3
II. SCOPE OF SERVICES.
4
The parties agree and understand that THE AUBURN FOOD
5
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:
]0
A. Distribution of packaged, canned, fresh and
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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.
]4
B. Education of the community concerning (1) the
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importance of food in the community; {2) the
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
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with the CITY OF AUBURN in developing and improving other ways
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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 1~
Exhibit "A" ResoLution No. 3044 {a\af~9}
December 21, 19~
Page 2
III. STATUS REPORT
2
THE AUBURN FOOD BANK shall develop and provide to the
3
City within 60 days after the completion of the 1999 calendar
4
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:
1) Identify both process and outcome portions of the
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food distribution and education programs;
2) Show the relationship of program resources and
activities to the expected results or outcomes;
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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
relate to the whole;
5) Make explicit the underlying theory of the program,
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and
6) Identify measurable categories in the program
20
evaluation.
B. The Food Bank shall develop the following status
report components within the time frames established
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below:
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Agree~nt - The Au~rn
Exhibit "A" Resotution No. 3044 {a\afb99}
December 21, 1999
Page 3
]
2
1) 2nd Quarter 1999 Year
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
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) 3rd Quarter 1999 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) 4th Quarter 1999
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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,
2]
1999 and shall expire on December 31, 1999.
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, 3044 {a\afb~P}
December 21, 1~
Page 4
1
amount not to exceed FIFTEEN THOUSAND FIVE HUNDRED SEVENTY-
2
FIVE DOLLARS ($15,575). THE AUBURN FOOD BANK will submit a
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quarterly statement to the CITY describing services that it
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has rendered under the terms of this Agreement and the CITY
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will pay an amount equal to one-quarter of the total amount by
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the twenty-eighth (28th) day of the month following the end of
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the quarter. However, the final statement of services
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rendered will be submitted on or before December 15, 1999.
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VI. INDEMNIFICATION.
]0
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
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
such claim, action, loss or damage is brought against the
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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Agre~ent - The Au~rn [00d Bank
[xh~b~t "A" Resolution No. 3044
December 21, 1999
Psge 5
1
public law is involved; and if final judgment be rendered
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.
The parties agree and understand that THE AUBURN FOOD
]2
BANK is an independent contractor and not the agent or
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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
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provided herein. The services required under this Agreement
may not be assigned or subcontracted by THE AUBURN FOOD BANK
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without the prior written consent of the CITY.
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VIII. INSURANCE.
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THE AUBURN FOOD BANK shall procure and maintain for the
duration of this Agreement insurance against claims for
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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Agree~nt - The Au~rn Food Bank 1~
Exhibit "A" Resolution No. 3044 {a\af~g}
December 21, lgW
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
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option of the CITY either: The insurer shall reduce or
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eliminate such deductibles or self insured retentions as
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respects the CITY, its officials and employees; or THE AUBURN
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FOOD BANK shall procure a bond guaranteeing payment of losses
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. GENERA~ 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
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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 Food Bank 1999
Exhibit "A" ResoLution No. 3044 {a\afb99}
December 21, 1999
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
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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
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
shall be endorsed to state that coverage shall
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not be suspended, voided, cancelled, reduced in
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Agreement - The Auburn Fo~ Bank 1~q9
Exhibit "A" Resolution No. 3044 {a\afb99}
December 21, 1~9
Page 8
coverage, or in limits except after thirty (30)
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days prior written notice by certified mail
3
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
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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
]1
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,
certified copies of all required insurance
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policies at any time.
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(6) THE AUBURN FOOD BANK 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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and endorsements for each. All coverages for
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volunteers shall be subject to all the
24 requirements stated herein.
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Agre~ent - The Au~rn Fo~ Bank 1999
Exhibit "A" ResoLution No. 3044 {a\af~9)
December 21, 1999
Page 9
1
IX. NONDISCRIMINATION.
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THE AUBURN FOOD BANK shall not discriminate under any
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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
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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
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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.
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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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Agreement - The Auburn Fo~ Bank
Exhibit "A" Resotution No. 3044 {a\af~9}
Dec~r 21, 1999
Page 10
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XII. GENERAL PROVISIONS.
A. THE AUBURN FOOD BANK agrees to submit a report to
the CITY no later than December 15, 1999, describing the
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progress and activities performed for the year 1999 under
its scope of services.
B. This Agreement shall be governed by the laws,
7
regulations and ordinances of the City of Auburn, the
8
State of Washington, and County of King and where
applicable, Federal laws.
C. The CITY and THE AUBURN FOOD BANK respectively bind
themselves, their successors, volunteers, assigns and
13 legal representatives to the other party to this
14 Agreement and with respect to all covenants to this
15 Agreement.
D. This Agreement represents the entire and integrated
17 Agreement between the CITY and THE AUBURN FOOD BANK and
18 supersedes all prior negotiations. This Agreement may be
amended only by written instrument signed by both the
]9
CITY and THE AUBURN FOOD BANK.
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E. Should it become necessary to enforce any term or
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22 obligation of this Agreement, then all costs of
23 enforcement including attorneys fees and expenses and
24 court costs shall be paid to the substantially prevailing
25 party.
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Agreement - The Au~rn Fo~ Bank 1999
Exhibit "A" Resotut~on No. 504A {a\afb99}
Dece~er 21, 1999
Page 11
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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.
4
5
CITY OF AUBURN
7
9 CHARLES A. BOOTH
MAYOR
]0
11 ATTEST:
12
elle E. Daskam,
]5 City Clerk
16
]7
APPROVED AS TO FORM:
]8
20 ~Michael J. Reynolds,
21 City Attorney
22
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Agreement - The Au~rn [o~ Bank 1999
[xhibit "A" eeso[ution Mo. 3044 {a\af~9}
December Zl, 1999
Page 12
1 THE AUBURN FOOD BANK
4 TITL /
5
6
7
8 STATE OF WASHINGTON )
)SS
9 CO~TY OF KING )
lO
On this ~ day of D~k , 1999, before
~2~h t 1
,
]2 to me known to be the Executive Director of THE AUBURN FOOD
B~K, the non-profit corporation that executed the within and
13 foregoin9 instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said non-profit
]4 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.
]6 IN WITNESS WHEREOF, I have hereunto set my hand and
17 affixed my official seal the date hereinabov set forth.
N rate
19 -~-~
20 Washington, residin9 in ~ '
21 ~ ~ ~
~ ~ pB~ ~Y commIssioN expires:
22 ~,~~
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Agve~ent - Ibe Au~rn Fo~ Bank ~
~xhibit "A" Reso[ution ~o. ~0~4
~ec~ev 21,
Page 1]