HomeMy WebLinkAboutResolution 2008-003 funding support for marana food bank programsMARANA RESOLUTION NO. 2008-03
RELATING TO COMMUNITY DEVELOPMENT; GRANTING $2,500 IN DISCRETIONARY
FUNDING TO THE COMMUNITY FOOD BANK, INC. AN ARIZONA 501(C)(3) NON-
PROFIT ORGANIZATION TO SUPPORT MARANA FOOD BANK PROGRAMS FOR
MARANA SENIOR CITIZENS, YOUTH, AND FAMILIES.
WHEREAS, the Town of Marana has established a Discretionary Fund to support local
non-profit organizations forwarding the priorities set by Mayor and Council; and
WHEREAS, Mayor and Council recognize the need to promote programs that encourage
services for senior citizens, support youth and families, and encourage volunteerism; and
WHEREAS, the Marana Food Bank is a branch of the Community Food Bank, Inc., a
community-based non-profit organization is providing programming to offer food to older
citizens, new mothers, young children, and families throughout the community; and
WHEREAS, Marana Food Bank has established an Emergency Food Box and the Food
Plus programs that provide delivery of 60 pound boxes of nutritious food on a monthly basis to
senior citizens and families with young children in the Town of Marana; and
WHEREAS, Mayor and Council find that authorizing the Discretionary Funding as set
forth in this resolution is in best interest of the citizens of Marana.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, authorizing $2,500 from the Discretionary Fund to the
Marana Food Bank to support the Emergency Food Box and the Food Plus programs in
providing food for Marana families.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 8th day of January, 2008.
OF
Mayor E? Honea
SFAL.
ATTEST. APPRON
Bronson, Town Clerk
DisCRETIONARY FUNDING AGREEMENT
COMMUNITY FOOD BANK, INC.
THIS DISCRETIONARY FUNDING AGREEMENT (this "Agreement") is entered into by
and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town") and
the Community Food Bank, Inc., an Arizona 501 (c) 3 non-profit corporation (the
"Agency"). The Town and the Agency are sometimes referred to collectively as the "Par-
ties," either of which is sometimes individually referred to as a "Party."
REaTALS
A. The Agency provides benefits to the Town and its residents by supporting pro-
grams that enrich the lives and provide safe environments for older Marana citizens.
B. The Agency has filed an application with the Town for discretionary funding
to provide general support.
C. The Town has reviewed the Agency's application and has determined that the
heritage and general welfare of the citizens of Marana will be substantially advanced by
authorizing the funding under the terms and conditions and for the purposes as set forth
in this Agreement.
D. The Parties acknowledge that tracking Town payments and Agency outputs
and outcomes resulting from the Town funding is prudent practice to assure that public
funds are appropriately used and that the public receives the anticipated benefits of the
funding.
AGREEmENT
NOW, THEREFORE, based on the foregoing recitals, which are incorporated here by
reference, the Parties agree as follows:
1. Fundin . The Town hereby commits $2,500 of discretionary funding from the
Town's Fiscal year 2007-08 budget to the Agency to fund "Food Plus" and "Emergency
Food Boxes".
2. Optputs and/or Outcomes. Between July 1, 2007 and June 30, 2008, the
Agency hereby agrees to provide the following outputs and/or outcomes with the Town
general assistance funding provided under this agreement:
2. 1. Output - Provide "Food Plus" boxes for 3,000 unduplicated clients.
2.2. Output - Provide "Emergency Food Boxes" boxes for 500 undupli-
cated Marana area seniors and families with children ages 1-6 years.
2.3. Output - Refer 250 clients to social and supportive services.
2.4. Outcome - Increase food distribution by 5% during FY 2007-2008.
Food Bank Contract Documents 2007-2008 - I -
3. Payment Reqjjest. Not more than once a month, the Agency shall complete and
submit a payment request form to the Town in the form attached as Exhibit A.
4. Quarterly RMort. Within 15 days after the end of each quarter the Agency shall
complete and submit a report to the Town in substantially the form attached as Exhibit B,
showing the Agency's progress toward the outputs and/or outcomes set forth in para-
graph 2 above.
5. Required Insurance. Before receiving any payment under this Agreement, the
Agency shall provide insurance certifications evidencing the following coverages for at
least the term of this Agreement:
5.1. $1,000,000 per occurrence general liability coverage with the Town
listed as additional insured.
5.2. $ 1,000,000 per occurrence automobile liability coverage with the
Town listed as additional insured (if the Agency has vehicles).
5.3. $ 1,000,000 per occurrence directors and officers coverage with the
Town listed as additional insured.
5.4. State of Arizona minimum workers' compensation coverage (if the
Agency has paid staff).
6. Co1porate Documents. Before receiving initial payment under this Agreement,
the Agency shall provide copies of the following Agency documentation, including any
and all amendments:
6. 1. Articles of incorporation.
6.2. Current bylaws.
6.3. List of current members of the Board of Directors, including their af-
filiations.
6.4. Current fiscal year's budget approved by the Board of Directors.
6.5. Internal Revenue Service designation letter.
7. Amendments to Insurance and Documentation. True and accurate copies of any
amendments during the term of this Agreement to coverages or terms of insurance re-
quired by paragraph 5 above or to the Agency's corporate documentation listed in para-
graph 6 above shall be provided to the Town as soon as practicable after approval, but in
any event not later than one calendar week after they become effective. Amendments that
reduce the insurance coverages below the minimums set forth in paragraph 5 above or
that in the Town's reasonable opinion materially affect the Agency's ability to deliver the
outputs and/or outcomes set forth in paragraph 2 above constitute default for which the
Town may withhold payment until the Agency restores the minimum insurance cover-
ages or restores the Agency's ability to deliver the outputs and/or outcomes.
8. Default and Dispute Resolution. If either Party defaults (the "Defaulting
Party") with respect to any of that Party's obligations under this Agreement, the other
Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner
prescribed in paragraph 9 to the Defaulting Party, stating the nature of the default claimed
Food Bank Contract Documents 2007-2008
and demanding that the default be corrected. The Defaulting Party shall then have twenty
days from the date of the notice within which to cure the default. If any default is not
cured within twenty days, then the Non-Defaulting Party shall be the Town, its officers,
employees, and agents from and against any and all claims relating to the Agency's ac-
tivities, including but not limited to those funded in whole or in part by this Agreement.
9. Manner of Servin . All notices, filings, consents, approvals and other commu-
nications provided for in or given in connection with this Agreement shall be validly
given, filed, made, transmitted or served if in writing and delivered personally or sent by
registered or certified United States mail, postage prepaid, to (or to such other addresses
as any Party may from time to time designate in writing and deliver in a like manner):
To the Town:
TowN OF MARANA
Town Manager
115 5 5 West Civic Center Drive, Building A3
Marana, Arizona 85653
With a copy to:
TowN OF MARANA
Town Attorney
115 5 5 West Civic Center Drive Building A3
Marana, Arizona 85653
To the Agency:
Community Food Bank, Inc.
Marana Food Bank
Post Office Box 70
Marana, Arizona 85653
10. Term. The term of this Agreement shall begin on the effective date and, unless
sooner terminated by the mutual consent of the Parties, shall automatically terminate and
shall thereafter be void for all purposes on July 1, 2008.
11. Waiver. No delay in exercising any right or remedy shall constitute a waiver
of that right or remedy, and no waiver by the Town or the Agency of the breach of any
term of this Agreement shall be construed as a waiver of any preceding or succeeding
breach of the same or any other term of this Agreement.
12. Attorney's Fees. If any Party brings a lawsuit against any other Party to en-
force any of the terms of this Agreement, or by reason of any breach or default of this
Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attor-
neys' fees by the other Party, in an amount determined by the court and not by the jury.
Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a
waiver, requiring disputes to be resolved by binding arbitration.
13. CountpMarts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. The signature pages from one or more counterparts may be re-
Food Bank Contract Documents 2007-2008
moved from the counterparts and the signature pages all attached to a single instrument
so that the signatures of all Parties may be physically attached to a single document.
14. Headings. The descriptive headings of this Agreement are inserted to assist in
understanding the meaning and construction of this Agreement.
15. Recitals. The Recitals set forth at the beginning of this Agreement are hereby
acknowledged, confirmed to be accurate and incorporated here.
16. Exhibits. Any exhibit attached to this Agreement shall be deemed to have
been incorporated in this Agreement by reference with the same force and effect as if
fully set forth in the body of this Agreement.
17. Time Essence. Time is of the essence for purposes of this Agreement.
18. No Assignm . The Agency's obligations under this Agreement may not be
assigned without the written consent of the Town Manager or his designee.
19. No Partnership and Third Parties. It is not intended by this Agreement to, and
nothing contained in this Agreement shall, create any partnership, joint venture or other
arrangement between the Agency and the Town. No term or provision of this Agreement
is intended to, or shall be for the benefit of any person, firm, organization or corporation
not a party to this Agreement, and no such other person, firm, organization or corporation
shall have any right or cause of action under this Agreement.
20. Other Instruments. Each Party shall, promptly upon the request of the other,
have acknowledged and delivered to the other any and all further instruments and assur-
ances reasonably request or appropriate to evidence or give effect to the provisions of this
Agreement.
2 1. Imposition of Duty by Law. This Agreement does not relieve any Party of any
obligation or responsibility imposed upon it by law.
22. Entire Agreement. This Agreement constitutes the entire agreement between
the Parties pertaining to the subject matter of this Agreement. All prior and contempora-
neous agreements, representation and understanding of the Parties, oral or written, are
hereby superseded and merged in this Agreement.
23. Amendments to Agreemen. No change or addition shall be made to this
Agreement except by a written amendment executed by the Parties. The Parties agree to
cooperate and in good faith pursue any amendments to this Agreement that are reasona-
bly necessary to accomplish the goals expressed by this Agreement.
24. Good Standing, Authorit . The Agency represents and warrants to the Town
that it is duly formed and validly existing under the laws of the State of Arizona. The
Town represents and warrants to the Agency that it is an Arizona municipal corporation
with authority to enter into this Agreement under applicable state laws. Each Party repre-
sents and warrants that the individual executing this Agreement on its behalf is author-
ized and empowered to bind the Party on whose behalf each such individual is signing.
25. Severability. If any provision of this Agreement is declared void or unen-
forceable, it shall be severed fr?m the remainder of this Agreement, which shall other-
wise remain in full force and effect.
Food Bank Contract Documents 2007-2008 -4-
26. Governing Law. This Agreement is entered into in Arizona and shall be con-
strued and interpreted under the laws of Arizona, and the Parties agree that any litigation
or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word
"litigation" in the preceding sentence shall constitute a waiver, requiring disputes to be
resolved by binding arbitration.
27. Interpretation. This Agreement has been negotiated by the Town and the
Agency, and no Party shall be deemed to have drafted this Agreement for purposes of
construing any portion of this Agreement for or against any Party.
28. Force Majeure. If any Party is unable to perform under this Agreement by rea-
son of "force majeure," then the failure to perform shall not constitute a default under this
Agreement as long as the non-performing Party uses its best effort to remedy with all rea-
sonable speed the event or condition causing the non-performance and performance can
be restored within a reasonable amount of time. "Force majeure" means any condition or
event not reasonably within the control of a Party, including without limitation, "acts of
God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of
public enemies; orders or restraints of any kind of government of the United States or any
state thereof or any of their departments, agencies, or officials, or of any civil or military
authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earth-
quakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of gov-
ernment and of people; explosions; and partial or entire failure of utilities.
29. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which pro-
vides for cancellation of contracts by government entities in certain instances involving
conflicts of interest.
30. Effective Date-, Term. This Agreement is effective on the date of the last
Party's signature below and shall automatically terminate and shall thereafter be void for
all purposes on July 1, 2008, unless sooner terminated by the mutual consent of the Par-
ties.
Food Bank Contract Documents 2007-2008
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date set
forth below their respective signatures.
The Town:
THE TOWN OF MARANA,
an Arizona municipal corporation
By:
Ed Honea, Mayor
Date: I - /I -
The Agency:
"me e
fit
Comm o0d Bank, Inc.,
an 0 ton-' rofit corporation
By: 6V
Prijnted:611 1
Its:
Date: 05
ATTEST:
e7curyn C(Aronson, Town Clerk
APPROVED AS To FORM:
Cedfic Hay, Senior Ast? Attorney
EXHIBITS
A. Payment request form
B. Quarterly report form
C. Required documents form
Food Bank Contract Documents 2007-2008
MARANA AGENCY: Community Food Bank, Inc.
PROJECT: Marana Food Bank
REQUIRED DOCUMENTATION
Outside agencies receiving funding from the Town of Marana are to provide corporate documents
and insurance certifications to the Town on an annual basis.
INSURANCE APPROVAL/EXPI RATION
DATE
General Liability
with Town Addlitionally-insured ?Co
Minimum $1,000,000 0al-
Automobile Liability
with Town Additionally-insured
Minimum $1,0W,000
Directors and Officers
Minimum $1,000,000
Workers Compensation
CORPORATE DOCUMENTS
Articles of Incorporation
Current/Updated Bylaws
Board Approved Budget (Current Received 01 /2008
Board of Directors List (including Affiliation) Received 0 1 /2008
'IRS Designation Letter Received 0 1 /2008
The Town pflV?qrana has documentation that the above coverages are in effect.
Signed: (,
Organization
C?-C) 112-1 ? 0
Date k
Signed: ? Al ( ? AA 4A? (D-)-//
Town of Ma-ranb Mbfiagers Office Date'
FAILURE TO SUBMIT THESE DOCUMENTS MAY DELAY THE PROCESSING OF PAYMENT REQUESTS.
1. 1
MARANA TOWN OF MARANA
'4" '? ? I \ PAYMENT REQUEST FORM (FY 2007-08) Exhibit A
Agency/Contractor: - Community Food Bank, Inc.
Project Name: Marana Food Bank
Prepared by:
Name:
Title:
Authorized by:
Authorized Signer
Date:
Period Reimbursement Requested For: FY 2007-2008
Payment Number:
Expenditures This Period:
+ / - Adjustments (Program Income/Other):
Net Request This Period: $
Line
Item Line Item Description
Approved Expenditures Expenditures
Budget (A) This Period (B) PriorPeriods(C) Balance (D)
1. Food Boxes/Delivery $2,500.00 $ -0- $ -0- $ -0-
2. $ -0- $ -0- $ -0- $ -0-
3.
4.
5.
TOTAL (rn.?t total To. of Marano award) $2,500.00 $ -0- $ -0- $ -0-
NOTE: For each line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A).
MANAGERS APPROVAL:
FINANCE APPROVAL:
QUARTERLY REPORT RECEIVED: 11 YES DATE:
CHECK NUMBER:
DATE:
All requests for budget changes are required to be submitted in writing and approved by Community Services
Department. Changes will only be allowed as long as the total dollar amount contracted for remains the some, the
costs are eligible and the 20% administrative cap is not exceeded. Failure to submit timely quarterly performance
measures reports may delay the processing of payment requests.
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