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HomeMy WebLinkAbout000697 Original Contract#000697 PROGRAM AGREEMENT THIS AGREEMENT is entered into this A—day of I�GE.+"°f f�j�, 2013, by and between the City of Port Angeles referred to as "City", a Washington Municipal Corporation, and the Olympic Community Action Programs, Inc., a private non-profit corporation formed under the laws of the State of Washington, 802 Sheridan, Port Townsend, Washington, which operates a Senior Nutrition Program providing low-cost meals for senior citizens, hereinafter referred to as OLYCAP: In consideration of the mutual covenants and benefits contained herein, the parties agree as follows: 1. PURPOSE: The parties mutually desire to offer a Senior Nutrition Program open to all citizens at the City's Senior Center. 2, FACILITIES: The facilities that are the subject of this program agreement are the dining room and the kitchen facilities, together with appropriate access, in the Port Angeles Senior Services/Community Center located at 328 East Seventh Street in the City of Port Angeles, Washington. 3. USE OF FACILITIES: The facilities shall be used for the storing, preparing, and serving of foodstuffs and meals to persons eligible under OLYCAP's Senior Nutrition Program. OLYCAP shall use the subject facilities for the purpose on Tuesday through Friday of each week. OLYCAP may enter the subject facilities at 10:30 a.m. and shall vacate the same at 6:30 p.m. OLYCAP shall have primary use of kitchen facilities during the period of 2 p.m. to 5 p.m. Tuesday through Friday. OLYCAP shall have exclusive use of the dining room during the period of 3 p.m. to 6 p.m. Tuesday through Friday. See Attachment A. Upon completion of each day's preparation and serving of meals, OLYCAP shall leave the facilities in a neat, sanitary, and safe condition, having washed and stored all cooking and dining equipment, cleaned tables and chairs, and vacuumed or broom cleaned the floor, as appropriate. OLYCAP shall abide by all laws, rules, and regulations concerning the protection of such facilities from fire and other casualties and applicable health regulations. 4. TERM: This program agreement shall be for a term of five years commencing January 1, 2014 and ending December 31, 2018. 5. FACILITY USE PAYMENT AMOUNT: For 2014 OLYCAP agrees to pay City, at 321 East 5th Street, Port Angeles, Washington, the amount of $593.29 per month, payable in advance on the first day of each and every month during the first yearly period hereof. The amount for each subsequent yearly period of this program agreement shall be the rate for the initial yearly program use period plus 90% of the increase shown in the Consumer Price Index, CPT -U, for the Seattle, Washington as reported for June of each year. Such amount shall become effective on the first day of January of each yearly period and shall be payable in advance on the first day of each month during that period. 6. UTILITIES: City agrees that it will provide electricity, water, and sewage service to facilities without charge. OLYCAP agrees to monitor the use thereof and to prevent abuse or waste thereof. 7. MAINTENANCE: City agrees to maintain and repair structural portions of the facilities including electrical, plumbing, fixtures, and appliances, except for damage or malfunction thereof which may be caused solely by OLYCAP, in which case the OLYCAP agrees promptly to reimburse the City for the City's cost in repairing or replacing the same. The City shall be responsible for general janitorial services and maintenance of the facilities in a neat, sanitary, and safe condition after use by OLYCAP. 8, AGENCY: The parties agree that OLYCAP is a separate, distinct and independent entity; is not the agent or representative of the City; has no right to bind the City, whether by contract or conduct; and that no employee of OLYCAP shall, for any purpose, be deemed an employee or agent of City. 9. LIENS: OLYCAP shall not suffer or permit any lien to be filed against the City's property by reason of work, labor, services, or materials performed or supplied to OLYCAP. If any such lien is filed, OLYCAP shall cause the same to be discharged of record within thirty (3 0) days after the date of filing the same. 10. INDEMNIFICATION and HOLD HARMLESS: OLYCAP agrees to defend, indemnify, and hold City, its officers, officials, employees, and volunteers, harmless from any and all claims, injuries, damages, losses or suits, including attorneys fees, caused by or arising out of or in connection with any acts or omissions occurring on the City's premises caused or contributed to by OLYCAP or its agents, employees, or patrons. 11. INSURANCE: OLYCAP shall procure and maintain for the duration of this agreement, liability insurance against claims for injuries to persons or damage to property that may arise from or in connection with the use of the City's facilities. Said policy shall provide coverage with a company authorized to do business in the State of Washington and shall be written with limits no less than $1,000,000 each occurrence and $2,000,000 aggregate. Said policy shall name City as an additional insured and shall contain a clause stating that coverage shall apply separately as to each insured, except with respect to the limits of the insurer's liability. OLYCAP's insurance shall be primary insurance with respect to the City, and the City shall be given two (2) day's written notice of any cancellation, suspension, or material change in coverage. 12. ASSIGNMENT: The rights and obligations of OLYCAP as set forth in this program agreement shall not be assigned without the express written authority of City. 13, CIVIL RIGHTS and OTHER COMPLIANCES: A. During the performance of this agreement, OLYCAP agrees to comply with Title 6 of the Civil Rights Act of 1964, and all subsequent legislation relating to civil rights, which provides that no person shall, on the grounds of race, color or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity. B. The work to be performed under this program agreement is in the Port Angeles Senior Services/Community Center building which was constructed with federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection to the project be awarded to business concerns that are located in or owned in substantial part by persons residing in the area of the building. 14. MODIFICATIONS: This program agreement constitutes the entire agreement between the parties. No alteration or modification of the agreement shall be effective unless such modification of the agreement shall be in writing and signed by the parties hereto. 15. APPLICABLE LAW: Any terms and provisions of this program agreement shall be determined under the laws of the State of Washington. Venue for any action brought pursuant to this agreement shall be exclusively in the Superior Court for the Clallam County, Washington. 16. TERMINATION: Should OLYCAP fail to operate the Senior Nutrition Program in good faith, within the time and manner herein set forth, or fail to keep or perform any or all of the agreements contained herein, and fails to cure said default within thirty (30) days notice of said default by City, then this Program Agreement may be terminated by City. This Program Agreement may be terminated by OLYCAP in the event OLYCAP is no longer operating the Senior Nutrition Program, provided OLYCAP gives the City at least 45 days written notice of such termination. IN WITNESS WHEREOF, the undersigned have duly executed this Program Agreement on or about the day of 4,c&A20 CITY OF PORT ANGELES OLYMPIC OMMUNITY ACTION PROGRAMS (OLYCAP) o iI6.c Cheri Kidd, Mayor Olympic Co nity Action Program 1147 Representative Z prov d as to form: Wi liam . Bloor, Cit orney Attest: J ssa Hurd, City Clerk STATE OF WASHINGTON ss. County of Clallam On this day personally appeared before me Cheri Kidd, to me known to be the Mayor of the CITY OF PORT ANGELES, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. GIVEN under my hand and official seal this day of,L2013. i`'gum NOT Y PUBLIC in and for the State of �Was ngton, residing at Port ngeles. Mys QMMI.. ' '" RIR ' fiPY 27,,ot My appointment expires; -:2V/ STATE OF WASHINGTON JeWer6&R ss. County of Qa4a;a On th' �� _day personally appeared before mep k(— Crump known to be EXL060 1V E r d- of the OLYMPIC COMMUNITY ACTION PROGkAMS, the private non-profit co poration that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said corporation. GIVEN under my hand and official seal jbig It day of / 013. OW OTA Y PUBLIC i and for the State of buy' Jul 24 20.1 ' Was gton, residing at Port A4kg@4R. tiaAlOCK 1G '-0047 My appointment expires: , u 0 0 yl, AA101000 .... 01011010% A+ II:Ia AGREEMENTS&CONTRACTS120I3 Agnnts&ContractslOLYCAP-SeniorCenterI I2220I3.rtf 11 Attachment "A" Safety & Cleanliness Best Practices For OLYCAP Senior Nutrition Program As part of the Senior Nutrition Program Agreement between OLYCAP and the City of Port Angeles, the following practices shall be performed to insure safety and applicable health regulations are being performed: 1. Safety a. Floor Paths are clear of boxes, brooms, & other obstructions. b. Do not block areas where floors are painted "Keep Clear". This is a code violation and areas need to be kept clear for electrical panel access. c. Use of "Wet Floor" Signs after the floor is mopped or if a spill occurs. d. All food Handling and Cooking/Food Temperatures must conform to Clallam County Environmental Health Division Regulations. 2. Cleanliness (Performed Daily or After each Use) a. Any mess made must be cleaned up in a timely manner. b. Wipe down and keep clean all cooking and prep surfaces during food preparation, including the steam table. At the end of the day, these surfaces must be cleaned in accordance of the Clallam County Environmental Health Services. c. Clean warming tables after each use with a damp cloth. d. Appropriately clean the cooking grill after each use. e. Empty grease drawers from under the grill and dispose of it properly in accordance to Clallam County Environmental Health Services. DO NOT POUR THE GREASE DOWN THE SINK DRAINS. f. Clean all stainless steel doors, splash areas, kitchen sink, freezer & cooler door, and freezer door handle. Surfaces must be cleaned in accordance of the Clallam County Environmental Health Services. g. Sweep and mop the floors after each use. 3. Cleanliness (Performed Weekly) a. Clean kitchen mats by running them through the dishwasher. 4. Cleanliness (Quarterly) a. Roll out shelving from the freezer and cooler and wipe down. Also, while shelving is out, clean the walls and the floors of the freezer and cooler. b. Roll out the dish containers in the stainless steel cabinets and sweep and mop the floors inside of them.