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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 18 19 20 21 22 23 24 25 26 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 21 22 23 24 25 26 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 21 appropriation from the City to THE AUBURN FOOD BANK to be used 22 for the purchase and providing of food to Auburn residents 23 during the 1998 term This continued support is in 24 25 26 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 2 delivered by THE AUBURN FOOD BANK continues to rise 3 22 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 6 purchase of food to be provided to Auburn residents at local 7 distribution site (s) within the Auburn Community Services 8 shall include but are not limited to those services described 9 as follows 10 A Distribution of packaged, canned, fresh and 11 preparable food items to Auburn residents who lack 12 sufficient economic resources to provide themselves 13 with regular meals and a balanced diet 14 B Education of the community concerning (1) the 15 importance of food in the community; (2) the 16 inability of certain segments of the community' s 17 population to acquire necessary food independent of 18 the food bank; and (3) the importance of the role of 19 the Auburn Food Bank in the Auburn Community 20 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 25 26 Agreement - The Auburn Food Bank 1998 Exhibit "A" Resolution No. 2941 (a\agree\afb98) April 20, 1998 Page 2 I III STATUS REPORT 2 THE AUBURN FOOD BANK shall develop and provide to the 3 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 6 intended linkages between the activities conducted and the 7 changes the activities will produce 8 A The components of the evaluation will 9 1) Identify both process and outcome portions of the 10 food distribution and education programs; 11 2) Show the relationship of program resources and 12 activities to the expected results or outcomes 13 3) Help identify those questions the evaluation is to 14 15 answer 4) Provide a graphic summary of how program parts 16 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 21 22 B The Food Bank shall develop the following status 23 report components within the time frames established 24 below 25 26 Agreement The Auburn Food Bank 1998 Exhibit "A" Resolution No. 2941 Ca\agree\afb98) April 20, 1998 Page 3 1 2 1) 2vd Quarter 1998 Year 3 a) The outcome based results the Auburn Food Bank 4 expects to achieve; 5 b) An indicator to inform the Auburn Food Bank that 6 the anticipated change has or has not occurred; 7 c) The method for gathering information needed to 8 indicate the outcomes that have occurred; 9 10 2) 3r° Quarter 1998 Year a) Initial Collection and assessment of the 11 information acquired to include 12 alterations in the anticipated outcomes or 13 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 3 statement to the CITY describing services that it has rendered 4 under the terms of this Agreement and the CITY will pay an 5 amount equal to one-quarter of the total amount by the twenty- 6 eighth (28th) day of the month following the end of the 7 quarter However, the final statement of services rendered 8 will be submitted on or before December 15 , 1998 9 VI INDEMNIFICATION. 10 THE AUBURN FOOD BANK agrees to defend, indemnify, and 11 hold harmless the CITY, its elected and appointed officials, 12 employees and agents from and against any and all claims, 13 demands and/or causes of action of any kind or character 14 whatsoever arising cut of or relating to services provided by 15 THE AUBURN FOOD BANK, its employees, volunteers or agents 16 concerning any and all claims by any persons for alleged 17 injury or damage to persons or property to the extent caused 18 by the negligent acts, errors or omissions of THE AUBURN FOOD 19 BANK, its employees, volunteers or agents or representatives 20 In the event that any suit or claim for damages based upon 21 such claim, action, loss or damage is brought against the 22 CITY, THE AUBURN FOOD BANK shall defend the same as its sole 23 costs and expense; provided that the CITY retains the right to 24 participate in said suit if any principle of governmental or 25 26 Agreement The Auburn Food Bank 1998 Exhibit "A" Resolution No. 2941 Ca\agree\afb98) April 20, 1998 Page 5 1 public law is involved; and if final judgment be rendered 2 against the CITY and/or its officers, elected officials, 3 agents and employees or any of them or jointly against the 4 CITY and THE AUBURN FOOD BANK and their respective officers, 5 agents, volunteers, employees or any of them, THE AUBURN FOOD 6 BANK shall fully satisfy the same and shall reimburse the CITY 7 any costs and expense which the CITY has incurred as a result 8 of such claim or suit The provisions of this section shall 9 survive the expiration or termination of this Agreement 10 VII INDEPENDENT AGREEMENT OR/ASSIGNMENT. 11 The parties agree and understand that THE AUBURN FOOD 12 BANK is an independent contractor and not the agent or 13 employee of the CITY and that no liability shall attach to the 14 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 2 less than ONE MILLION DOLLARS ($1, 000 , 000) combined single 3 limit coverage per occurrence for bodily injury, personal 4 injury and property damage THE AUBURN FOOD BANK shall also 5 provide and maintain professional liability coverage including 6 errors and omissions coverage in the minimum liability amount 7 of ONE MILLION DOLLARS ($1 , 000 , 000) combined single limit per 8 occurrence for bodily injury, personal injury and property 9 damage Any deductibles or self insured retentions in either 10 policies must be declared to and approved by the CITY At the 11 option of the CITY either The insurer shall reduce or 12 eliminate such deductibles or self insured retentions as 13 respects the CITY, its officials and employees; or THE AUBURN 14 FOOD BANK shall procure a bond guaranteeing payment of losses 15 and related investigations, claim administration and defense 16 expenses The policies are to contain or be endorsed to 17 contain the following provisions 18 A GENERAL LIABILITY COVERAGE. 19 (1) The CITY, its elected and appointed officials, 20 employees and agents are to be covered as insureds 21 as respects Liability arising out of services and 22 activities performed by or on behalf of THE AUBURN 23 FOOD BANK, its employees, agents and volunteers 24 The coverage shall contain no special limitations on 25 26 Agreement The Auburn Food Bank 1998 Exhibit "A" Resolution No. 2941 (a\agree\afb98) April 20, 1998 Page 7 1 the scope of protection afforded to the CITY, its 2 elected and appointed officials, employees or 3 agents 4 B GENERAL LIABILITY AND PROFESSIONAL LIABILITY 5 COVERAGES : 6 (1) THE AUBURN FOOD BANK' S insurance coverage shall 7 be primary insurance as respects the CITY, its 8 officials, employees and agents Any insurance 9 or self insurance maintained by the CITY, its 10 officials, employees or agents shall be in 11 excess of THE AUBURN FOOD BANK' S insurance and 12 shall not contribute with it 13 (2) Any failure to comply with reporting provisions 14 of the policy shall not affect coverage 15 provided to the CITY, its officials, employees 16 or agents 17 (3 ) Coverage shall state that THE AUBURN FOOD 18 BANK' S insurance shall apply separately to each 19 insured against whom claim is bought or suit is 20 brought except with respect to the limits to 21 the insurer' s liability 22 (4) Each insurance policy required by this section 23 shall be endorsed to state that coverage shall 24 not be suspended, voided, cancelled, reduced in 25 26 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) 2 days prior written notice by certified mail 3 return receipt requested has been given to the 4 CITY THE AUBURN FOOD BANK agrees to provide 5 copies of the Certificates of Insurance to the 6 CITY at the time that this Agreement takes 7 8 effect 9 (5) THE AUBURN FOOD BANK shall furnish the CITY with Certificates of Insurance and with 10 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 25 26 Agreement The Auburn Food Bank 1998 Exhibit "A" Resolution No. 2941 Ca\agree\afb98) April 20 1998 Page 9 1 IX NONDISCRIMINATION 2 THE AUBURN FOOD BANK shall not discriminate under any 3 services or programs to which this Agreement may apply 4 directly or through contractual or other arrangements on the 5 grounds of race, color, creed, religion, national origin, sex, 6 age, or the presence of any sensory, mental or physical 7 handicap 8 X BOOKS AND RECORDS . 9 THE AUBURN FOOD BANK agrees to maintain separate accounts 10 and records in accordance with State Auditor ' s procedures, 11 including personnel, property, financial and programmatic 12 records which sufficiently reflect direct and indirect costs 13 and services performed under this Agreement THE AUBURN FOOD 14 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. 2 A THE AUBURN FOOD BANK agrees to submit a report to 3 the CITY no later than December 15, 1998, describing the 4 progress and activities performed for the year 1998 under 5 its scope of services 6 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 9 applicable, Federal laws 10 C The CITY and THE AUBURN FOOD BANK respectively bind 11 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 2 local , state and federal laws applicable to its 3 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 * z OTARy $ • NOTARY PUBLIC in and for _ 3 20 ate_ 1.Washington, residing in Did r P• UBLIC o >� / S 21 • G o° .4Dt MY COMMISSION expires 6 * 22 pO,yy,S``‘\`� 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