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COMMISSARY PARTNERSHIP AGREEMENT
<br />This Commissary Agreement is made and entered into by and between Kittitas County on behalf of the
<br />Kittitas County Corrections Center (KCCC)a Washington Government Entity ("Client") and Summit Food
<br />Service a New Mexico Limited Liability Company ("Company") (collectively "the Parties").
<br />1. TERM AND INTENT
<br />1.1 Client grants Company the exclusive right to provide Commissary Services at the Premises.
<br />1.2 This Agreement shall commence on November 1, 2020 (the "Commencement Date") or sooner if
<br />mutually agreed upon in writing by both of the Parties. The Agreement will remain in effect
<br />through October 31, 2025. The Agreement shall then automatically renew for additional one-year
<br />terms unless this Agreement is otherwise terminated as set forth herein.
<br />2. DEFINITIONS
<br />2.1. Accounting Period. Company's accounting calendar is based on an accounting cycle consisting of
<br />three (3) rotational periods of four (4) weeks, four (4) weeks, five (5) weeks.
<br />2.2. Agreement. In order of precedence: (i) this Commissary Service Partnership Agreement, Exhibits
<br />and Schedules, as amended and, where specifically included by reference, (ii) the Company's
<br />Proposal and (iii) the Solicitation.
<br />2.3. Governmental Rule. Any statute, law, rule, regulation, ordinance or code of any governmental
<br />entity (whether federal, state, local or otherwise).
<br />2.4. PCI Standards. All rules, regulations, standards or guidelines adopted or required by the Payment
<br />Card Industry Security Standards Council relating to privacy, data security and the safeguarding,
<br />disclosure and handling of Payment Instrument Information.
<br />2.5. Premises. The KCCC currently located at 205 W 51h Avenue, Suite 108, Ellensburg, WA 98926.
<br />2.6. Products. Food, beverages, goods, merchandise, and supplies.
<br />2.7. Inmates. Persons in custody at Client's Facility.
<br />2.8. Proprietary, Confidential and Trade Secret Information. Items used in Company Commissary
<br />Services (owned by or licensed to Company) including, without limitation, menus, signage, surveys,
<br />Software (i.e. production systems, accounting systems), recipes, management guidelines and
<br />procedures, operating manuals, personnel information, purchasing and distribution practices,
<br />pricing and bidding information, financial information, provided, however that the following items
<br />are specifically excluded: (i) information generally available to and known by the public or (ii)
<br />information independently developed or previously known by the Client.
<br />2.9. Supervisory Employee. Those persons who have directly or indirectly performed management or
<br />professional services on behalf of Company for the Client at any time during this Agreement
<br />including, without limitation, any corporate employee, manager, assistant manager, chef, lead
<br />cook or dietitian.
<br />2.10. Utilities and Amenities. All utilities reasonably requested by Company to provide Commissary
<br />Services at the Premises including, without limitation, heat, hot and cold water, gas, refrigeration,
<br />lights, electric current, ventilation, air conditioning, recycling, cooking waste removal, hazardous
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