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: