HomeMy WebLinkAboutSenior Life Resources - 2023 Meals on Wheels Agreement for Food Service at 1st Avenue Center ,�� I�cdSCU
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AGREEMENT FOR FOOD SERVICE
BETWEEN
MID-COLUMBIA MEALS ON WHEELS
AND
THE CITY OF PASCO
Agreement#REC23-002
THIS AGREEMENT is made and entered into this `.3� day of : 1�UC1`ti'�
2023, by and between the City of Pasco, Washington, a municipal corporation, he einafter
referred to as "CITY", and Senior Life Resources Northwest, Mid-Columbia Meals on Wheels
Pro�am,hereinafter referred to as"AGENT".
I. SCOPE OF �V�:
A. The AGENT shall perform professional services and accomplish such tasks in
conformance with RCW 74.39A and are identified as the responsibilities of the
AGENT;
1. Provide a nutritious lunch(lJ3 recommended daily allowance per federal
regulations).Daily selection will vary.
2. Serve lunch Monday through Friday at 11:45 a.m.
3. Provide a Site Manager to oversee the program. Duties include, but are
not limited to:recruitment of volunteers, taking lunch and transportation
reservations, overseeing safery regulations and woxking cooperatively in
a professional manner with the 1 st Avenue Center Director and Staff.
4. Provide volunteers to assist in the implementation of the program
including but not restricted to food preparation and handling, serving,
registration of participants,delivery of ineals to homebound seniors,etc.
5. Ensure all paid staff and volunteers receive necessary training and obtain
the correct certifications and keep them updated, including but not
limited to:
a) Washington State Food Handler' s Permit
b) Correct operation training in kitchen equipment usage
c) Fire Safety Training
6. Provide meal service in compliance with local, state, and federal
regulations for the safe and sanitary preparation and service of food.
7. Provide any special equipment that is deemed necessary for the program.
8. Use kitchen for storage, warming, cooling, non-cooking food prep
purposes only. All food is to be cooked offsite at a commercially
certified kitchen.
9. Keep kitchen walkways and storage area clean, organized and cleax of
obstructions.
10, Give 30 days written notice to the Recreation Services Manager for any
request for use of the dining area outside of the specified time in Section
I.B.1 below.
11, Provide CITY copies of any incidentlaccident reports completed for
Meals on Wheels staff or volunteers where the incident/accident took
place at the ls`Avenue Cenker or on its grounds.
B. The CITY shall assist the AGENT by:
1. Providing use of kitchen, office space, and area for dining at lg�Avenue
Center from: 9:00 a.m. to 1:30 p.m, Monday—Friday, excluding CITY
Holidays.
2. Assisting AGENT in recruiting volunteers by providing space as
necessary in the Pasco Recreation Seasonal Program Guide.
3. Assisting AGENT in promoting program via program guide, flyers,
maii-outs,etc.
4. Providing contracted janitorial services for cleaning of a11 floors.
5, Providing lunited area for storage in office and maintenance room off of
kitchen.
6. Working cooperatively with Site Manager in providing assistance with
problems and questions, etc.
7. Providing access to telephone for business use.
8. Overseeing all facets of the program and discuss problems and
suggestions with Mid-Columbia Meals on Wheels Director.
9. Note: The CITY reserves the right to use the dining area during the
above specified hours provided 30 days' notice is given to AGENT prior
to the event.
C. Joint Responsibility of AGENT and CITY.
1. On a biannual basis, conduct an on-site review of the program with the
Pasco 1 st Avenue Center Supervisor, Mid-Columbia Meals on Wheels
Director, and Site Manager.
2. Coordinate methods of marketing Meals On Wheels and other joint
programs.
3. Work cooperatively to offer additional programs to participants.
4. Work cooperatively to resolve concerns and problems in a professional
manner.
5. Promote open communication.
b. Provide participants with the highest level of service.
7. Work cooperatively to schedule faciliry use around facility rnaintenance
needs,
Agreement for Food Service
Mid-Columbia Meals on Wheels/City of Pasco-2
II. COMPENSATION: The AGENT will compensate the CITY $100 per month for the
use of the kitchen, office, dining area, dry storage space, and phone.Payment is due the
last working day of each month. Any and all taxes will be paid by the AGENT if
required.
III. DURATIO�: The duration of this Agreement shall be for a period comrnencing upon
full execution of this Agreement and ending on the 31� day of December 2023;
provided, however, that if the AGENT faithfully performs all of its duties and
responsibilities pursuant to this Agreement,the AGENT shall have the option to extend
the terms and condirions of this Agreement for four additional one-year periods (2024,
2025, 2026, & 2027). Such optiun shall be exercised by the AGENT by giving written
notice to the CIT'Y not more than 60 days, nor Iess than 30 days prior to the expiration
of the initial term of this Agreement and within the same time frame prior to the
expiration of any subsequent extensions.
N. MODIFICATI�ONS: This Agreement may be modified, in writing, at any time by the
mutual consent of the parties hereto.
V. CANCELLATIUN: Either party may cancel this Agreement with thirry(30)days prior
written notice to the other party without cause.
VI. INDEMNIFICATION: The CITY shall not be liable for any da.mage or injury of
whatever nature to any person or property occurring on the premises subject to this
Agreement as a result of any activities of the AGENT or its use of the premises during
the term hereof. The AGENT shall defend, indemnify, and hold harmless the CITY, its
officers, officials, agents, employees, and volunteers from any and all claims and
causes of action, including, but not limited to, actioz�s of law or administrative
proceedings for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result of, or
in connection with the work perfortned under this Agreement,and caused or occasioned
in whole or in part by reason of errors,negligent acts or omissions of the AGENT or its
subcoatractors in the performauce of this Agreement, except for injuries and damages
caused by the sole negligence of the CITY, its officers, employees, agents, and
volunteers.
A. Should a Court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injuries or datnages to property caused by or resulting from the
concurrent negligence of the AGENT, and the CITY, its officers, employees,
agents and volunteers, the AGENT's liability and obligation to defend
hereunder shall only be the proportionate extent of the AGENT's negligence.
Agreement for Food Service
Mid-Columbia Meals on Wheels/City of Pasco-3
B. It is further agreed that the indemnification provided herein constitutes the
AGENT's waiver of immunity under Industrial Insurance, Title 51 RCW,solely
for the purposes of this indemnification.
C. No liability shall attach to the CITY by reason of entering into this Agreement
exceptas expressly provided herein.
D. This indemnification shall include damages, penalties and attorney fees
sustained as a result of AGENT's delayed or failed performance of the work to
be provided by AGENT under this Agreement.
E. T'his section has been mutually negotiated by the parties, and the provisions of
this section shall survive the expiration or termination of this Agreement.
VII. INSURANCE: The AGENT shall maintain and pay for general liability insurance
coverage at all times during the term hereof, insuring the AGENT against claims for
injuries to persons or damage to properiy which may arise from or in connection with
the performance of the work hereunder by the AGENT, its, representatives, employees,
or subcontractors,with the CTTY as addirional named insured.
A. Minimum Scope af Insurance. AGENT shall obtain insurance of the types
described below:
1, Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 O1 and shall cover liability arising from
premises, operations, independent AGENTs and personal injury and
advertising injury. The CITY shall be named as an insured under the
AGENT's Commercial General Liability insurance policy with respect
to the work performed for the CITY.
B. Minimum Amounts of Insurance. AGENT shall maintain the following
insurance limits:
1. Commercial General Liability insutance shall be written with limits no
less than:
� $1,000,000 each occurrence;
� $2,000,000 general aggregate;or
❑ $�each occurrence; and$ general aggregate
C. Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Commercial General Liability
insurance:
Agreement for Food Service
Mid-Columbia Meals on WheelslCity of Pasco-4
1, AGENT's insurance coverage shall be primary insurance as respects the
CITY. Any insurance, self-insurance, or insurance pool coverage
maintained by the CITY shall be excess of AGENT's insurance and
shall not contribute with it.
2. AGENT's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
CITY.
D. Aceeptability af Insurers. Insurance is to be placed with insurers with a current
A.M.Best raring of not less than A: VII.
E. Verification of Covera:�e. AGENT shall furnisl� the CITY with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the AGENT before commencement of the work.
VIII. AGENT IS INDEPENDENT AGENT: It is understood and agreed that the term
"AGENT" is a descriptive term only. AGENT is not an employee of the CITY, has no
authority to bind the CITY other than the authority which is specifically set forth in this
Agreement,and shall, at all times,be considered an independent AGENT.
IX. NON-DISCRIMiNATTON: The AGENT agrees not to discriminate against any client,
employee or applicant for employment or for services because of race, creed, color,
national origin, sex or age with regard to but not limited to the following: employment
upgrading; demotion or transfer; recruitment or any reciuitment advertising; layoff or
tenmination; ra.te of pay or other forms of compensation; selection for training or
rendition of services. If the AGENT violates this non-discrimination provision, the
GITY may terminate this Agreement, in whole or in part,without incumng liability for
such termination.
X. GENERAL PROVISIONS:
A. For the puxpose of this Agreement,time is of the essence.
B. Notice. Notice provided for in this Agreexnent shall be sent by one of the
following:
1. Personal service upon tlie Agreement Administrators.
2. Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
C. The Agreement Administrator for the purpose of this Agreement shall be:
Agreement for Food Service
Mid-Columbia Meals on Wheels/City of Pasco-5
1. For the CITY: Brent Kubalek
Recreation Services Manager
525 North 3rd
Pasco WA 99301
509-543-5790
KubalekB@nasco-wa.�ov
2. For the AGENT: Cara Hernandez
Associate Director of Nutrition Services
1824 Fowler St.
Richland,WA 99352
509-735-1911
chemaadez seniorti�eresotuces.or
XI. DISPUTE RESOLUTION/ATTORNEY FEES: In the event of a dispute regarding the
enforcement, breach, default, or interpretation of this Agreement, the Agreement
Administrators, or their designees, shall first meet in a good faith effort to resolve such
dispute. In the event the dispute cannot be resolved by agreement of the parties, said
dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended,with both
parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington_ The substantially prevailing pariy shall be entitled to its
reasonable attomey fees and costs as additional award and judgment against the other.
This Agreement has been and shall be construed as having been made and entered into
and delivered within the State of Washington, and it is agreed by each pariy hereto that
this Agreement shail be govemed by the laws of the State of Washington.
XII. WAIVER: Any waiver by any party hereto regarding any of its rights hereunder shall
be in writing and shall not constitute or act as a waiver to any future rights which such
party might have hereunder.
XIII. AUTHORIZATION: By signature below,each party warrants that they are authorized
and empowered to execute this Agreement binding the CTTY and AGENT respectively.
XIV. CONSTRUCTION: This Ageement sets forth the entire understanding and agreement
of the parties relating to the subject matter hereof. This Agreement shall be construed
as a whole. The captions and headings herein are for convenience only and shall not be
relied upon or used to interpreticonstrue this Agreement ar an.y portion thereof. Each
party signing this Agreement acknowledges that they participated in the drafting of this
Agreement and, as such, this Agreetnent shall not be presumptively
interpreted/construed in favor of nor against any particular party, but rather this
Agreement for Food Service
Mid-Columbia Meals on Wheels/City of Pasco-6
Agreement shall be given an objectively fair and reasonable interpretation and
construction in light of and in accordance with its express terms and provisions.
XV. ENTIRE AGREEMENT: This Agreement sets forth in fitll the entire ageement of the
parties in relation to the subject matter hereof, and any other agreement,representation,
ar understanding, verbal or otherwise, relation to the professional services of the
AGENT or other dealing in any manner with the subject matter of this Agreement is
hereby deemed to be null and void and of no force and effect whatsoever. This
Agreement may be waived,changed,modified, or amended only by written Agreement
executed by both of the parties hereto.
If any provisions of this Agreement shall be deemed in conflict with any statute of rule
of law, such provision shall be deemed modified to be in conformance with said statute
or rule of law.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written abave.
City of Pasco _ Senior Life Resources Nort vrest
Mid-Columbi �
By: By:
ch ,A Director Grant B �xe�utive Director
Senior 1,�' R��atu'ces Northwest
Date: (4 2 Date: I '� �
By: L�11�}.?�11�-
Cara Hernandez,Associate
Director of Nutrition Services
Date: � +� � �.,;� ;� � �
Approved as to Form:
�
Kerr Fer Law,PLLC, Ciry Attorneys
. /- p-a.23
Agreement for Food Service
Mid-Columbia Meals on Wheels/City of Pasco-7