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HomeMy WebLinkAbout001351 Original ContractCity of Port Angeles Record #001351 THIS AGREEMENT is entered into this hXday of 2018, by and between the City of Port Angeles, a non -charter code city an municipal corporation of the State of Washington (hereinafter "City"), 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 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, of 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 these purposes 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. 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. Expectations of the cleanliness of the facility is outlined in Attachment "A". The City reserves the right to use the facilities for itself or its designees at all times not addressed in this Agreement. 4. TERM: This program agreement shall be for a term for one (1) year commencing January 1, 2019 and ending December 31, 2019. 5. FACILITY USE PAYMENT AMOUNT: For 2019 OLYCAP agrees to pay City, the amount of $658.40 per month, payable in advance on the first day of each and every month during the first yearly period hereof. 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. 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 OLYCAP agrees promptly to reimburse the City for the City's cost in repairing or replacing the same, In -addijiori. - to--( )JyC.AR'1%., obligations, AgrcemeutZfhe City. ", 1 -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 (30) days after the date of filing the same. 10. INDEMNIFICATION and HOLD HARMLESS: OLYCAP shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 injury to persons or damages to property caused by or resulting from the concurrent negligence of OLYCAP and the City, its officers, officials, employees, and volunteers, OLYCAP's liability hereunder shall be only to the extent of OLYCAP's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes OLYCAP's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. It. 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 N 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. 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 -tta t-na,person shall,= die.-grounds-of-racc, 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 sixty (60) 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 60 days written notice of such termination. fN WITNESS WHEREOF, the Lindersiday of e -d have duly executed this Program '20 Qe( j f11. Agreement on or about the —'- CITY OF PORT ANGELES OLYMPIC COMMUNITY ACTION PROGRAMS (OLYCAP) _lt����2Dale Wilson T019-0:01-09:400 8:00 Nathan. West, Olympic Community Action Program App ved as to I ' -onp):' pp illiarn E. Bloor,,-'(, ity Attorney Kari Martinez Bail Y -C I rk 9 Attachment "A" Safety & Cleanliness Best Practices 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: 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. c. 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, MWIM—M-TIMMM 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.