HomeMy WebLinkAbout4857 RESOLUTION NO. 4 8 5 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A CONTRACT WITH THE
AUBURN FOOD BANK
WHEREAS, on February 19, 2008, the City entered into a contract with the
Aubum Food Bank to provide to the residents of the City financial help through the
Aubum Cares program to pay for heating bills, water/sewer utilities, shelter and other
emergent financial needs at a cost acceptable to the City; and
WHEREAS, the City and Auburn Food Bank would like to continue their
partnership and renew the contract through December 31, 2014
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
agreement in substantial conformity with the Agreement attached hereto as Exhibit A
and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this /St day of �e�.a-�� , 2012.
CI AUBU
�
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PETER B. LEWIS, MAYOR
Resolution No.4857
September 7, 2012
Page 1 of 2
AITEST
Danieile E. Das cam, Ci Clerk �
APP VED AS TO FORM:
iel B. Heid, City ey
Resolution No. 4857
September 7, 2012
Page 2 of 2
CONTRACT FOR HUMAN SERVICES
SERVICE YEARS 2013 AND 2014
THIS AGREEMENf,made and entered into this l�day of o�e 2012,
is by and between the City of Auburn,a code city and municipal corporation of the tate of
Washington, hercinafter referred to as "City," and Aubaru Food Bank, hereinafter referred to as
"Agency,"to cover the City of Auburn Voluntary Utilihy Bill Donation Program ("Auburn
Cares"Program):
WITNESSEI'H:
WHEREAS,the City of Aubum,by Resolution No. 4857,adopted a human services
policy to provide for the delivery of human services by private human services agency under
contract with the City of Auburn; and fiuther, authorized the Mayor to enter into a contract with
Agency for the performance and delivery of such services;now,therefore, in consideration of
tlie mutual promises,terms and covenants herein set forth it is agreed as follows:
1 Services. Agency shall provide to the City and to its residents Snancial 6elp to
pay for 6esting bills,water/sewer atilities,ahelter,aad other emergent financisl nceds.
2. Comvensation. The City of Auburn shall pay Agency for completed services
rendered under this Agreement the total sum collected irom atility billinga nnder the City of
Auburn Voluntary Utiti,ty Bill Donation Program ("Aaburn Cares"Program) t6at are
made from January 1,2011,to the term of this Agreement Said amount(s)shall be the total
compensation for all services performed by Agency, including all reports, supporting data,
supervision, labor, supplies, materials,equipment,or the use thereof and for all other necessary
incidentals.
Agency shall submit a statement to the Mayor or his designee, no less than quarterly,
together with supporting documentation to the City no later dian ten working days after the close
of each quarter. In no event shall a total of all paymenu for completed services rendered under
this agreement exceed the amount(s) for services performed set forth above.
Agency agrees that the services for which it seeks compensation under the terms of this
Agreement shall be or have been performed solely for the residents of the City of Aubum.
3. General Administration and Manaeement. The Mayor or his designee shall have
administrative responsibility for the City's performance under this Agreement and shall review
and may approve for payment of all statemenks and bills submitted by Agency to the City for iu
performance under this Agreement. The Exeeutive Director of Agency shall be responsible for
overall administration of the services by Agency under the terms of this Agreement and for
coordination with the City Such coordination shall be accomplished through the Finance
Director
4 Recordkeenina/Documentation. Agency shall maintain records and accounu
including personnel, property, financial,and programmatic records which sufficiently and
properly reflect all direct and indirect costs of any nature expended and services performed in the
performance of this Agreement and other such records as may be deemed necessary by the City
to insure proper accounting for all funds contributed by the City to the performance of this
Agreement in compliance with this Agreement. These records shall be maintained for a period
of seven (�years after termination hereof unless pettnission to desttoy them is granted by the
Office of the Archivist in accordance with RCW Chapter 40.14 and by the City
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The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection,review, or audit by the City and any other governmental
agency so suthorized by law during the perFormance ofthis Agreement. The City shall have the
right to an annual audit of agenc`y's financial statement and condition.
5 Termination of Agreement. T6e term of this Agreement s6aU be effective from
the date oP the signatures hereto to December 31,2014,provided either party hereto may
terminate or suspend this Agteement at any time with or without cause by giving ten(10) days
notice to the other party in writing. Termination or suspension shall be effective ten days after
the receipt of notice thereof by certified mail. In the event the City terminates or suspends this
Agreement,Agency shall be entitled to receive just and equitable compensation for any
satisfactory services rendered prior to the effective date of termination or suspension. If
Agency's insurance coverage as required by this Agreement is cancelled for any reason,the CiTy
shall have the right to terminate this Agreement.
6. Hold Harmless/Indemnification. Agency agrees to indemnify, defend, and save
harmless the City or its officers, agents, or employees, for any claim, real or imaginary, filed
against the City or its officers, agents,or employees, alleging damage or injury arising out of the
subject matter of this Agreement; due to the tortuous acu or omissions of the Agency, its agents,
servants, officers or employees provided, however,that such provision shall not apply to the
extent that damage or injury results from the sole fault of the City or its officers,agents,or
employees. "FaulY' as herein used shall have the same meaning as set forth in RCW 4.22.015
7 Insurance. Agency agrees to maintain and keep in force during the term of this
Agreement a standard form public liability polioy,the limits of which shall not be less than
$I,000,000.00,combined limits,personal injury and property damage insurance. If services to
be provided include transportation by motor vehicle, then Agency agrees that sutomobile
liability insurance will be maintained which at a minimum provides a business automobile policy
with $1,000,000.00 combined single limit per accident for bodily injury and properry damage. If
the services to be provided will include prbfessional services,then Agency agrees to maintam
professionalliabIlity errors and omissions insurance with minimum limits of no less than
$1,000,000.00. For purposes ofthis section, "professional services" shall mean any service
provided by a physician, psychologist,or other licensed professional.
If any policies of insurance are written on a "claims made basis,"Agency agrees to
maintain such insurance coverage for a period of not less than three (3)yeazs following the
completion of the services to the City under this Agreement.
Certification of coverage as required by paragraphs above shall be delivered to the City
within fifteen (15) days of execution of this Agreement.
8. General Provisions. Agency shall not deny or substantially impair any person's
receipt of services or benefits or assistance,under this Agreement on the grounds of age,sex,
marital status, race, creed,color, sexual orientation, nationality, sensory, mental, or physical
handicap.
Ageqcy agrees it shall use all sums collected under this Agreement to provide direct
services only.Further that none of t6e money received ander this Agreement will be used
for administrative eapenses.
Agency and the City agree that Agency is an independent contractor with respect to the
services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to
create the relationship of employer and employee between the parties hereto. Neither Agency
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nor any employee of Agency shall be entitled to any benefits accorded Ciry employees by virtue
of the services provided under this Agreement The Ciry shall not be responsible for withholding
or otherwise deducting federal jncome tax or social security or coimibuting to the State
Industrial Insurance program,or otherwise assuming the duties of an employer with respect to
Agency or any employees of the Agency
This Agreement may not be assigned or otherwise transferred by either of the parties
tiereto.
Agency agrees to comply with all applicable federal, state,and local laws and regulations.
reguding non-discrimination and employment. Agency shall not discriminate against any
employee or applicant for employment iri connection with this Agreement because of age,sex,
maazital status,race,creed,color, se�cual orientation,narionaliry,or the presence of any sensory,
mental,or physical handicap, except where there is a bona fide occupational limitation.
This Agrecment contains the entire agreement between the parties hereto and no other
agreements,oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to
exist or to bind any of the parties hereto.
No change,alteration,modification,or addition to this Agreement will be effective
uniess it is in writing and properly signed by both parties hereto.
This Agreement will terminate on December 31,2014 unless otherwise extended by
mutual agreemerrt of both parties in writing.
Notices to the City of Auburn shall be sent to the following address:
S6elley Coleman,Finaace Director
City of Aubarn
25 W Main Street
Aubarn,Washington 98001
IN WITNESS WHEREOF,the parties have executed this Agreement on the date first above
written.
C O Aubum Food Bank
J Agency
By. �� BY. !
Mayor Agency Executive irector
Address: Q o �� ���
By: �'I 30 — 1 �C i�� �C. �E
Ci ttorn �j�� �>p, ��� Z.
PHONE: p�� � S � � O�.S
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