HomeMy WebLinkAbout2941 (2) 1 RESOLUTION NO. 2 9 4 1
2
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
6
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
7
Section 1 The Mayor and City Clerk of the City of
8
9 Auburn, Washington, are hereby authorized to enter into an
10 Agreement for Services with The Auburn Food Bank to provide
11 for the purchase and providing of food to Auburn residents
12 during 1998 A copy of the Agreement is attached hereto,
13 designated as Exhibit "A" and is incorporated by reference in
14 this Resolution
15 Section 2 . The Mayor is hereby authorized to implement
16 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 4`h day of May, 1998
2
3
4 CITY OF AUBURN
5
6 -✓l�%l
7 CHARLES A BOOTH
8 MAYOR
9
10 ATTEST
11
12
13 Dan elle E Daskam,
14 City Clerk
15
16 APPROVED AS TO FORM
17
18 / '
19
Michael J R-ynolds,
20 City Attorney
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24
25
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Resolution Ho 2941
April 16, 1998
Page 2
08/0/#4 r
1 AGREEMENT FOR SERVICES
2
3 JA
THIS AGREEMENT made and entered into this d day of
4 / 61-47 1998, 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 18th Place
10 Northeast, Auburn, Washington 98002 , hereinafter referred to
11 as "THE AUBURN FOOD BANK" .
12 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
17 NOW, THEREFORE, In consideration of the covenants and
18
conditions of this Agreement , the parties agree as follows
19
I PURPOSE.
20
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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25
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Agreement The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 Ca\agree\afb98)
April 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
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22 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
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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
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preparable food items to Auburn residents who lack
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sufficient economic resources to provide themselves
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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
17
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
21
22 with the CITY OF AUBURN in developing and improving other ways
23 to address the needs of Auburn residents served through THE
24 AUBURN FOOD BANK
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26
Agreement - The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 (a\agree\afb98)
April 20, 1998
Page 2
I
III STATUS REPORT
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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
4
year a status report containing a program evaluation component
5
commonly referred to as the "Logic Model" which will show the
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intended linkages between the activities conducted and the
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changes the activities will produce
8
A The components of the evaluation will
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1) Identify both process and outcome portions of the
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food distribution and education programs;
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2) Show the relationship of program resources and
12
activities to the expected results or outcomes
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3) Help identify those questions the evaluation is to
14
15 answer
4) Provide a graphic summary of how program parts
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17 relate to the whole
18 5) Make explicit the underlying theory of the program
and
19
20 6) Identify measurable categories in the program
evaluation
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22 B The Food Bank shall develop the following status
23 report components within the time frames established
24 below
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Agreement The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 Ca\agree\afb98)
April 20, 1998
Page 3
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1) 2vd 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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10 2) 3r° Quarter 1998 Year
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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14 alteration in the methodology of information
15 gathering
16 3 ) e Quarter 1998
17 a) Information collected;
18 b) Conclusions developed as a result of the
information
19
20 IV TERM.
21 The term of this Agreement shall commence on January 1,
22 1998 and shall expire on December 31, 1998
23 V COMPENSATION.
24 As full and total payment for the services provided under
25 this Agreement, the CITY agrees to pay THE AUBURN FOOD BANK an
26
Agreement The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 (a\agree\afb98)
April 20, 1998
Page 4
1
amount not to exceed TEN THOUSAND FIVE HUNDRED FORTY DOLLARS
2
($10, 540) THE AUBURN FOOD BANK will submit a quarterly
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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-
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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,
12
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
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whatsoever arising cut 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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Agreement The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 Ca\agree\afb98)
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,
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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
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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
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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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15 CITY by reason of entering into this Agreement except as
16 provided herein The services required under this Agreement
17 may not be assigned or subcontracted by THE AUBURN FOOD BANK
18 without the prior written consent of the CITY
19 VIII INSURANCE.
20 THE AUBURN FOOD BANK shall procure and maintain for the
21 duration of this Agreement insurance against claims for
22 injuries to persons or property which may arise from or in
23 connection with services provided by THE AUBURN FOOD BANK, it
24 agents, employees or volunteers under this Agreement THE
25 AUBURN FOOD BANK agrees to provide comprehensive general
26
Agreement The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 Ca\agree\afb98)
April 20, 1998
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
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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
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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
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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
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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 Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 (a\agree\afb98)
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
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agents
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B GENERAL LIABILITY AND PROFESSIONAL LIABILITY
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COVERAGES :
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(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
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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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Agreement The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 (a\agree\afb98)
April 20, 1998
Page 8
1
coverage, or in limits except after thirty (30)
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days prior written notice by certified mail
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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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8 effect
9 (5) THE AUBURN FOOD BANK shall furnish the CITY
with Certificates of Insurance and with
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it original endorsements affecting coverage
12 required by this section The certificate and
endorsements for each insurance policy are to
13
14 be signed by a person authorized by that
15 insurer to bind coverage on its behalf The
16 CITY reserves the right to require complete,
17 certified copies of all required insurance
18 policies at any time
19 (6) THE AUBURN FOOD BANK shall include all
20 volunteers, employees and agents under its
21 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" Resolution No. 2941 Ca\agree\afb98)
April 20 1998
Page 9
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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,
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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
15
16 Agreement for a period of three (3) years following the date
17 that this Agreement is expired or otherwise terminated The
18 parties agree that the CITY OF AUBURN may inspect such
19 documents upon good cause at any reasonable time within the
20 three (3) year period
21 XI. TERMINATION OF AGREEMENT.
22 This Agreement may be terminated by either party upon ten
23 (10) days written notice should the other party fail
24 substantially to perform in accordance with its terms through
25 no fault of the other
26
Agreement - The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 (a\agree\afb98)
April 20, 1998
Page 10
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
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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
12
13 legal representatives to the other party to this
Agreement and with respect to all covenants to this
14
15 Agreement
16 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
19
20 CITY and THE AUBURN FOOD BANK
21 E Should it become necessary to enforce any term or
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
26
Agreement The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 Ca\agree\afb98)
April 20, 1998
Page 11
1
F THE AUBURN FOOD BANK agrees to comply with all
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local , state and federal laws applicable to its
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performance under this Agreement
4
5
CITY OF AUBURN
6
7
8 � I
�VL(1- I la Cc 1
9 CHARLES A BOOTH
MAYOR
10
11 ATTEST
12
13
14 kjetetX6-secifel.e-1.1
15 Danielle E Daskam,
City Clerk
16
17
18 APPROVED AS TO FORM
19 P,
20 /1
( L.-)\
21 Michael J Re nolds,
City Attorney
22
23
24
25
26
Agreement The Auburn Food Bank 1998
Exhibit "A" Resolution No. 2941 (a\agree\afb98)
April 20, 1998
Page 12
1 THE AUBURN FOOD BANK
2
3 BY (l11 .l 7 J�
4 /;
TITLE f-id/., . :51- fc>`
5
6
7
8 STATE OF WASHINGTON )
) ss
9 COUNTY OF KING
10
On this 1 day of i 1 c4:-S , 1998 , before
11 me, the undersigned, a Notary Public iifAid f r the State of
Washington, personally appeared y( e
12 to me known to be the Executive Director o THE AUB N FOOD
BANK, 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
16 IN WITNESS WHEREOF, I have hereunto set my hand and
17 affixed my official seal the date her- s - ; ;.: e set forth
18 iiiitioj, c�
19
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• NOTARY PUBLIC in and for _ 3
20 ate_ 1.Washington, residing in Did r
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21 • G o° .4Dt MY COMMISSION expires 6
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23
24
25
26
Agreement The Auburn Food Rank 1998
Exhibit "A" Resolution No. 2941 (a\agree\afb98)
April 20 1998
Page 13
Oty of
CHARLES A BOOTH, MAYOR At F:1 1 AUBURN CITY CLERK
Danielle Daskam,Lay Clerk 'rn— " 25 West Matn, Auburn,WA 98001
Cathy Richardson, Deputy City ClerkN� it City Clerk.(253)931 3039
Tarn,e Bothell, Records'License Clerk )Business Registration:(253)931-3007 Faa.(253)2$$-3132
eta" ms'e�
STATE OF WASHINGTON
ss.
COUNTIES OF KING AND PIERCE )
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the counties of King
and Pierce, State of Washington, do hereby certify that the foregoing is a full,
true and correct copy of Resolution No. 2941 of the resolutions of the City of
Auburn, entitled "RESOLUTION NO 2941 "
I certify that said Resolution No 2941 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 4th day of May, 1998
Witness my hand and the seal of the City of Auburn this 28th day of November,
2000
p(i,(A,C4
Danielle Daskam, City Clerk
City of Auburn
. "CMS;oP„•
CHARLES A.BOOTH,MAYOR aw r�"fit L v AUBURN CITY CLERK
Danielle Daskam.City Clerk d '�a 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk a '� �8 City Clerk:(253)931-3039
Tamie Bothell,Records/License Clerk , {'�$ Business Registration:(253)931-3007 Fax:(253)288-3132
` shing��
May 8, 1998
Mr Jack Laverty
Auburn Food Bank
PO Box 464
Auburn WA 98071
Dear Jack:
On May 4, 1998, the Auburn City Council adopted Resolution No. 2941 authorizing an
Agreement for Services with Auburn Food Bank to purchase and provide food to Auburn
residents during 1998.
Enclosed is a copy of Resolution No. 2941 and duplicate originals of the Agreement.
The Agreements have been executed by the City and now require the notarized
signature of an Auburn Food Bank official. Please return one fully executed original
Agreement to the Auburn City Clerk, 25 West Main Street, Auburn, WA, 98001
Please also note the insurance requirements under Article VIII of the Agreement and
transmit the appropriate certificate of insurance to the Auburn City Clerk as soon as
possible
If you have any questions, please contact Senior Planner Al Hicks at (253)931-3002.
Sincerely,
1 tCttl
Charles A. Booth
Mayor
CAB:dd
Enclosures
cc: Al Hicks, Senior Planner
RECORDS MANAGEMENT
ORDINANCE and RESOLUTION DISTRIBUTION/CHECKLIST
ORD /( ES o. o 1 DATE ADOPTED- S 1 �1c �
RECORDING FILE. C PUBLICATION DATE. I
CODE BOOK. EFFECTIVE DATE.
DEPARTMENT DISTRIBUTION
DEPARTMENT CONTACT DATE
CITIZEN REQUESTS
NAME ADDRESS DATE
CHECKLIST
REQUIRED DOCUMENTATION DATE SENT DATE RECEIVED RECEIVED BY
Contract Q�
Insurance Certificate got /��� � 1
Recording ❑
Affidavit ❑
Misc:
Misc.
Affidavit Lavender
Contract/Affidavit Pink
Contract/Insurance/Affidavit Yellow
Contract/Recording/Affidavit Green
f clerk/records/Distribution-Checklist
ORDINANCES AND RESOLUTIONS PENDING INSURANCE
NAME RES ORD NO. STATUS DATED
Requested certificate to cover period of 11/96 to
11/97 on 2/4/99 to Patti Zook- no response as of
KC Sexual Assault this date and no certificate received yet-contract
Resource Center RES 2811 signed 021897
I.I. Gross, Structural Nothing under I.L. or Gross (Historic Barn &Tool
Engineers RES 2866 Shed at Olson Canyon) -contract signed 081897
Have only received Auto Ins at this time- last
correspondence with Caroline Bergt on 2/4/99 -
Carolyn Browne RES 2921 contract signed 021798
Washington Women's
Employment and Last insurance received expired 2/7/97 for RES
Education RES 3047 . 2596-contract signed 020199
Kate Kulzer and Kevin No certificate found (Artwork for Skatepark @
Spitzer RES 3059 Brannan Park) -contract signed 011999
Last certificate expired 12/31/98. Correspondence
dated 7/9/99 received from Paul Krauss to Mark @
W& H requesting updated certificate -contract
W& H Pacific Inc RES 3069 signed 031599
Puget Sound Energy RES 3090 No certificate found -contract signed 060799
020199,
RES 30 020199,
3036 941, These RES's range from 1998 thru 1999-We 050498,
Auburn Food Bank 2936 have certificates 9/1/94 thru 10/5/97 040698
Sanitary Sewer Connection Agreement-The only
certificate we have is from Muckleshoot Indian
Interior Bureau of Casino for a Game Farm park picnic on 8/12-13/98
Indian Affairs ORD 4967 -contract signed 042197
For 2 access driveways for ingress/egress -The
only certificate we have is from Muckleshoot Indian
Muckleshoot Mall Casino for a Game Farm park picnic on 8/12-13/98
Retail Center ORD 5032 -contract signed 010598