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HomeMy WebLinkAboutSenior Life Resources - 2018 Meals on Wheels - Agreement for Food Service at 1st Avenue CenterAGREEMENT FOR FOOD SERVICE BETWEEN MID -COLUMBIA MEALS ON WHEELS AND THE CITY OF PASCO THIS agreement is made and entered into this l Z� day of Abri ( 20 11V by and between the City of Pasco, Washington, a municipal corporation, hereinafter referred to as "CITY", and Senior Life Resources Northwest, Mid -Columbia Meals on Wheels Program, hereinafter referred to as "AGENT". I. SCOPE OF WORK 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 ( 1/ 3 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 safety regulations and working cooperatively in a professional manner with the 1 st Avenue Center Director. 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 meals 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. To 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 and 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 clear 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 below specified contract time. 11. Provide copies of any incident/accident reports completed for Meals on Wheels staff or volunteers where the incident/accident took place at the I" Avenue Center or on its grounds. B. The CITY shall assist the AGENT by: 1. Providing use of kitchen, office space, and area for dining at 1 S' Avenue Center from: 9: 00a.m. to 1: 00p.m, Monday — Friday, excluding City Holidays. 2. Assist AGENT in recruiting volunteers by providing space as necessary in the Pasco Recreation Seasonal Program Guide. 3. Assist AGENT in promoting program via program guide, flyers, mail -outs, etc. 4. Provide contracted janitorial services for cleaning of all floors. 5. Provide limited area for storage in office and maintenance room off of kitchen. 6. To work cooperatively with Site Manager in providing assistance with problems and questions, etc. 7. Provide access to telephone for business use. 8. To oversee all facets of the program and discuss problems and suggestions with Mid -Columbia Meals on Wheels Director. 9. 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 1st Avenue Center Supervisor, Mid -Columbia Meals on Wheels Director, and Site Manager. 2. Methods of marketing will be coordinated jointly. 3. To offer additional programming opportunities to participants. 4. Work cooperatively to resolve concerns and problems in a professional manner. 5. Promote open communication. 6. Provide participants with the highest level of service. 7. Work cooperatively to schedule program around maintenance needs in the kitchen and dining room facilities. II. COMPENSATION: The AGENT will compensate the CITY $100 per month for the use of the kitchen, office, dining area, dry storage space, & phone. Payment is due the last working day of each month. Any and all taxes will be paid by the AGENT if required. III. DURATION: The duration of this agreement shall be for a period commencing upon full execution of this agreement and ending on the 31" day of December 2018; 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 conditions of this agreement for four additional one-year periods (2019, 2020, 2021, & 2022). Such option shall be exercised by the AGENT by giving written notice to the CITY not more than 60 days, nor less 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. IV. MODIFICATIONS: This agreement may be modified, in writing, at any time by the mutual consent of the parties hereto. V. CANCELLATION: Either party may cancel this agreement with thirty (30) days prior written notice to the other party without cause. VI. CITY HELD HARMLESS: The CITY shall not be liable for any damage 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 hold the CITY harmless from any and all claims which may arise from any such damage or injury, as above-mentioned, and shall at its own cost and expense, defend any and all claims which may be brought against the CITY upon such actions, provided, however, that the CITY shall be liable, and the AGENT shall have no obligation to indemnify the CITY, to the extent that such damage or injury is caused by any negligent act or omission of the CITY or any of its agents or employees. The AGENT shall maintain and pay for general liability insurance coverage at all times during the term hereof, insuring the AGENT, with the CITY as additional named insured, such insurance to afford protection to a limit of not less than $1,000,000.00. Receipt by the CITY of copies of insurance forms evidencing the foregoing insurance coverage obtained by the AGENT must be filed with the CITY thirty (30) days prior to start date. VII. AGENT IS INDEPENDENT CONTRACTOR: 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 contractor. VIII. NON-DISCRIMINATION: 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 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; selection for training or rendition of services. If the AGENT violates this non- discrimination provision, the CITY may terminate this agreement, in whole or in part, without incurring liability for such termination. IX. DISPUTE RESOLUTION/ATTORNEY FEES: In the event of a dispute regarding the enforcement, breach, default, orinterpretation of this agreement, Both Parties, or their designees, shall first meet in a good faith effort to resolve suchdispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved byarbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo,with venue plaved in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to itsreasonable attorney fees and costs as additional award and judgement 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 party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project 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 party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. X. WAIVER: Any waiver by any party hereto with regard to 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. XI. ENTIRE AGREEMENT: This agreement sets forth in full the entire agreement of the parties in relation to the subject matter hereof, and any other agreement, representation, or 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. City of Pasco "1st Avenue Center" By�,. Dan Dotta Interim A&CS Department Director City of Pasco Date: ql f a 11 9, Senior Life Resources Northwest Mid -Columbia Meals on Wheels "Agent" es, Executive Director Resources Northwest By: (NA Mar ee Woffinden, Prg Director Mid -Columbia Meals on Wheels Date: