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HomeMy WebLinkAboutCWU Food InspectionsKittitas County Review Form Alli (MyriiTil Grants &Contract Agreement Today's Date PA Camas Request #:05/10/2022 Fund/Department Agenda Date· 116-Public Health Contract/Grant Information Contract /Grant Agency:Central Washington University Period Begin Date:Period End Date: Total Grant/Contract Amount:NTE $30,000.00 Grant/Contract Number: Contract/Grant Summary:The agreement between Central Washington University and Kittitas County Public Health Department allows the county to provide food inspections and training at the Environmental health hourly rate established by the Kittitas County Public Health Fee Schedule.with a maximum allowable of $30,000.00 for the term of the agreement. Recommendation for Board of Health Review on Department Head Signature:,Director Date: Kittitas County Prosecutor,Auditor,and Board of Health Review and Comment: APPROVED AS TO FORM: Signature of Prosecutor's Office Date Signature of Auditor's Office Date Verification the Contracting Agency is not Suspended/Disbarred: O Agency is not suspended/disbarred Not Checked (reason) Financial Information Grant/Contract Review Page 1 Total Amount $30,000.00 State Funds $Federal Funds $ Percentage County Funds Matching Funds $CFDA# In-Kind $ Explain Is Equipment being purchased?Who owns equipment? New Personnel being hired?Contact HR hiring-reportingrequirements Future impacts or liability to Kittitas County: Budget Information Budget Amendment Needed?Yes attach budget form No [K]why not New Division Created?Already Budgeted Revenue Code 116.6150634622 Expense Code Pass Through Information Agency to Pass Through Amount to Pass Through Expense Code: Sub-Contract Approved Date: Prosecutor Review Has the Prosecutor reviewed this agreement?Yes O No County Departments Impacted Auditor Facilities Maintenance InformationServices Human Resource Prosecutor Treasurer BOCC Approval Needed? Yes No Staff Member Presenting: Assignment of Tracking Information Auditor's Office Human Resource Prosecutor's Office Who Signed the grant application Reviewer Date Grant/Contract Review Page 2 CENTRAL WASHINGTON UNIVERSITY STANDARD AGREEMENT This CENTRAL WASHINGTON UNIVERSITY STANDARD AGREEMENT ("Agreement")is entered into by and between Central Washington University,400 East University Way,Ellensburg,WA 98926("CWU"),and Kittitas County Public Health Department,507 N.Nanum Street,Ste.102,Ellensburg,WA 98926 ("Contractor").The parties and purpose of this Agreement are further described in the recitals hereof. I.RECITALS 1.1 CWU.CWU is a public institution of higher education established by the State of WashingtonwithitsprincipalplaceofbusinesslocatedinEllensburg,Washington.CWU desires to acquire the goods and/or services herein described for the purposes stated in Paragraph 1.3 hereof. 1.2 Contractor.Contractor is a Kittitas County department whose principal place of business is located in Ellensburg,Washington.Contractor desires to provide the goods and/or services herein described for the purposes stated in Paragraph 1.3 hereof. 1.3 Purpose.The purpose of this Agreement is for the Contractor to providedining operation plan reviews,consultation and investigation for foodborne related investigations and quarterly food service inspections as described in Attachment "A"hereto. For and in consideration of the foregoingrecitals,and in consideration of the payments or other covenants and mutual agreements herein provided,the parties hereby agree as follows. II.OBLIGATIONS OF THE PARTIES 2.1 Contractor's Obligations. (a)Contractor agrees to provide the following described goods and/or services:Contractor will conduct quarterly food service inspections at establishments on the CWU Ellensburg campus,as detailed in Attachment "A"hereto.Contractor will also providedining operation plan reviews,and consultation andinvestigationforfoodbornerelatedinvestigationsuponrequestbyCWU.Contractor will charge CWU an hourly rate for services provided and will not require CWU to obtain general food service permits through the Contractor due to the frequency of the inspections.Contractor will make a reasonable attempt to maximize the number of establishments inspected during each inspection visit. Contractor will submit an electronic copy of the Inspection Report,signed by the CWU Unit Manager,or designee,for each establishment to Dean Masuccio (Dean.Masuccio@cwu.edu),Director of Dining &Catering,and Joe Ritchie (Joe.Ritchie@cwu.edu),Campus Executive Chef,in addition to CWU Dining Administration (dining@cwu.edu).Contractor will provide CWU with an itemized invoice detailing the name of each establishment inspected and the length of time spent on each inspection within 30 days of the inspection.Invoice shall be mailed toCWUDiningServicesAdministrationOffice,400 E University Way,MS 7588,Ellensburg,WA 98926-7588. The period of performance of this Agreement shall be for three (3)years,beginning July 1,2022 and ending June 30,2025. (b)In response to the COVID-19 pandemic and following Washington Governor Jay Inslee'sCOVID-19 Vaccination Requirement Proclamation 2 I-I I CProclamation],CWU is requiring suppliers,vendors, and contractors (including subcontractors)working on-site at any CWU facility to be fully vaccinated against COVID-19 or have received an approvedexemption.As a supplier,vendor or contractor of CWU,you are responsible for 1)determining whether the Proclamation applies to you or not and 2)ensuring you and your representatives,including employees and subcontractors,comply with this requirement.To confirm compliance,the COVID-19 Vaccination Requirement Declaration form must be completed attesting that your representatives, including yourself,employees,and subcontractors,have been fully vaccinated as defined by Section 6 of the Proclamation under the definition of "Fully Vaccinated Against COVID-19",or have received an approved accommodation,prior to performing on-site work.Additionally,CWU requires Contractor and Contractor's personnel to comply with all applicable CWU policies while on campus,including those related to COVID-19(CWUP2-40-l43 COV1D-l9 Vaccination and CWUP2-40-145Face Coverine). CWU Standard Agreement Page 1 Approved as to Form /Assistant Attorney Genera!/09.29.15 2.2 CWU's Obligations.Upon delivery of the specified goods and/or completion of the specified services,and within thirty (30)days of receiving Contractor's itemized invoice,CWU agrees to pay the following amount(s),exclusive of applicable taxes:an hourly rate per the adopted Kittitas County Public Health Department fee schedule,not to exceed a total of $30,000 for the term of the agreement. III.CONTRACT TERM,TERMINATION,DISPUTES 3.1 Term.This Agreement shall become effective when signed by the parties and shall terminate upon the full performance of their mutual obligations hereunder,unless extended by mutual written agreement. 3.2 Termination. (a)This Agreement may be terminated at any time by mutual written agreement of the parties. (b)CWU,by giving written notice,may terminate this Agreement at any time without cause and without further obligationto Contractor except for payment due for goods provided or services rendered prior to the effective date of termination. (c)The Agreement may be terminated by either party for a material breach by the other party of that party's obligation(s)hereunder.In the event of breach,the aggrieved party must provide written notice to the breaching party and allow fifteen (15)days to cure.If the breach cannot be cured within that time or such longer time as deemed reasonable by the aggrieved party,the Agreement may be terminated immediately by written notice of the aggrieved party.Termination for breach shall not be deemed to limit any of the terminating party's contractual remedies as against the breaching party. (d)Termination of this Agreement by any means providedherein shall not excuse any party's performance of its obligations hereunder through the effective date of termination,except that CWU shall not be obligated to pay for goods that have not been deliveredor services that have not been performed. 3.3 Force Majeure.Notwithstanding any other provision of this Agreement,either party may cancel this Agreement without obligation or liability to the other party in the event that it becomes impossible or impracticable for that party to perform its obligations hereunder by reason of force majeure beyond that party's reasonable control,including but not limited to fire,flood,earthquake,pandemic,or other acts of God,war, invasion,hostilities,rebellion,insurrection,or prohibitory or injunctive orders of any competent judicial or other governmentalauthority,civil or military.In the event of such cancellation,the parties shall each bear their own costs incurred prior to such cancellation 3.4 Disputes.Any dispute between the parties arising under or relating to this Agreement shall be resolved informally if possible,but if the parties cannot so resolve their differences,then arbitration shall provide the sole and exclusive remedy for resolving the contract dispute.The parties shall jointly select one arbitrator acceptable to both parties.If the parties cannot agree on an arbitrator,the Yakima Dispute Resolution Center shall be requested to choose an arbitrator.The fees and expenses of the arbitrator shall be shared equally by both parties to this Agreement,and each party shall bear its own costs and attorney fees.Arbitration shall be conducted according to the commercial arbitration procedures of the American Arbitration Association.The arbitrator's decision or award shall be final and binding on both parties. IV.GENERAL TERMS AND CONDITIONS 4.1 Assignment.This Agreement shall extend to and be binding upon and inure to the benefit of the successors and assignees of the respective parties.However,this Agreement may not be assigned or subcontracted by either party without the other party's express written consent. 4.2 Independent Capacity.This Agreement is intended to create an independent contractor relationship.Each party to the Agreement shall act in an independent capacity and not as an agent or representative of the other party.The employees or agents of each party who are engaged in the performance of this Agreement CWU Standard Agreement Page 2 Approved as to Form /Assistant Attorney Genera!/09.29.15 shall continue to be the employees or agents of that party and shall not be considered for any purpose to be the employees or agents of the other party. 4.3 Indemnification.Each party to this Agreement shall be responsible for its own acts or omissions and for those of its directors or trustees,officers,employees,agents,and volunteers.Neither party shall be responsible to the other party for the acts or omissions of persons or entities not a party to this Agreement. 4.4 Insurance.CWU may require Contractor,prior to the commencement of services,to provide CWU with proof of insurance acceptable to CWU and naming CWU as additional insured.Such proof of insurance, if required,shall be attached to and made part of this Agreement,and Contractor warrants that such insurance shall remain in effect during the term of this Agreement. 4.5 Non-Discrimination.The parties to this Agreement each agree to comply with applicable federal and state laws prohibiting discrimination in education,employment,or public accommodations based on age,sex, marital status,sexual orientation,race,creed,color,national origin,genetic information,honorably discharged veteran or military status,or the presence of any sensory,mental,or physical disability or the use of a trained dog or service animal by a person with a disability. 4.6 Records and Audits.The parties recognize that business records created,maintained,or used in the performance of this Agreement may constitute public records subject to the public disclosure and retention requirements under applicable state law.Each party will retain its business records relating to this Agreement for the applicable retention period(s)and will make such records available upon request for inspection and audit by the other party or by authorized representatives of the Washington State Auditor. 4.7 Complete Agreement;Modification.This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements,understandings,negotiations and discussions,oral or written,express or implied.The parties agree that no other representations,inducements,promises,agreements,or warranties relating to this Agreement,oral or otherwise,have been made to or by them.No modification or waiver of this Agreement shall be valid or binding unless in writing and signed by the parties. 4.8 Governing Law;Venue;Severability.This Agreement shall be governed by the laws of the State of Washington.Venue for any dispute under this Agreement shall be in Kittitas County,Washington.If any provision of this Agreement shall be held invalid,such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision,if such remainder is consistent with applicable law and with the fundamental purpose of this Agreement,and to this end the provisions of this Agreement are declared to be severable. 4.9 Waiver.The waiver by a party of any default or breach of this Agreement,or the failure of a party to enforce any provision hereofor to exercise any right or privilege hereunder,shall not be deemed to waive any prior or subsequent breach or default,the enforcement of any provision hereof,or the exercise of any right or privilege hereunder,unless otherwise stated in a writing signed by an authorized representative of the party and attached to the original Agreement. 4.10 Notices.Written notices required or permitted to be providedby a party to the other party under this Agreement may be provided by personal delivery,legal courier service,or certified mail,postage prepaid and return receipt requested.Notice may be provided by regular first class mail if simultaneous notice is providedby electronic mail.Notices will be sent to the parties at the following mailing addresses: Central Washington University Kittitas County Public Health Department 400 East University Way 507 N.Nanum Street,Ste.102 Ellensburg,WA 98926-7480 Ellensburg,WA 98926 The address of a party for the receipt of notice may be changed at any time by written notice providedin accordance herewith. 4.11 Contract Administration.The contract administrator and principal point of contact for each party to this Agreement shall be as follows,subject to change by written notice. CWU Standard Agreement Page 3 Approved as to Form /Assistant Attorney General /09.29.15 (a)The Contract Administrator for CWU will be Dean Masuccio,Director,Dining Services,(509) 963-1332,Dean.Masuccio@cwu.edu. (b)The Contract Administrator for Contractor will be Tristen Lamb,Administrator,(509)962-7515, candi.blackford@co.kittitas.wa.us. IN WITNESS WHEREOF,this Agreement has been executed by and on behalfof the parties through their authorized representatives,effective as of the latest date written below. CENTRAL WASHINGTON UNIVERSITY KITTITAS COUNTY PUBLIC HEALTH DEPT. Signature Date Signature Date Name Name Title Title CWU Standard Agreement Page 4 Approved as to Form /Assistant Attorney Genera!/09.29.15 ATTACHMENTA Inspections and Inspection Reports 1.Contractor will perform quarterly food services inspections of the following establishments on the CWU Ellensburg campus while open and in operation: •The Bistro •Breeze Thru Café •Cat Trax East •Cat Trax West &Market •Central Marketplace •Coach's Coffee House •CWU food wagon •Dining Services Warehouse •Holmes Dining Room •Jimmy B's Cafe •Panda Express •1891 Café &Market •The Village Coffee &Market •The Village Grill •Tunstall Catering Operations •SURC Production Kitchen •SURC Catering Support Kitchen (1 inspection per year) 2.Following each inspection,Contractor will submit an electronic copy of the Inspection Report, signed by the Unit Manager,or designee,for each establishment to Dean Masuccio (Dean.Masuccio@cwu.edu)Director of Dining &Catering and Joe Ritchie (Joe.Ritchie@cwu.edu)Campus Executive Chef,in addition to CWU Dining Administration (dining@cwu.edu). CWU Standard Agreement Page 5 Approved as to Form /Assistant Attorney General /09.29.15 LEARN.DO.LIVE. Below is an important update for Central Washington University(CWU)suppliers, vendors and contractors regarding GovernorJay Inslee's recent vaccination proclamation.Please read carefully and share as appropriate with your company's leadership,as CWU suppliers,vendors,and contractors (as well as their subcontractors)will be expected to comply with these new requirements. To Central Washington University (CWU)Suppliers,Vendors and Contractors: In our ongoing response to the COVID-19 pandemic and following Governor Inslee's recent COVlD-19 Vaccination Requirement Proclamation 21-14.1 ("Proclamation"), CWU is requiring suppliers,vendors and contractors working on-site at any CWU facility to be fully vaccinated against COVID-19 or receive an approved exemption no later than Monday,October 18,2021. As a supplier,vendor or contractor of the University,you are responsible for 1)determining whether the Proclamationapplies to you or not and 2)ensuring yourrepresentatives,including employeesand subcontractors,comply with thisrequirement. To confirm compliance,suppliers and vendors working on-site at a CWU locationmustcompletethedeclarationformshowingtheirrepresentatives,including employees and subcontractors,have been fully vaccinated as defined by Section 6 of the Proclamation under the definition of "Fully Vaccinated Against COVID-19",or received an approved accommodation.Suppliers,vendors and contractors arerequiredtocompletetheforminDocuSignnolaterthanOctober18,2021.You are responsible for verification of full COVID-19 vaccination,approving all exemptions for disability and sincerely held religious beliefs and determining any accommodations Contracts and Procurement 400 E University Way •Ellensburg WA 98926-7480 •Office:509-963-1002 •Fax:509-963-2871 Mitchell 2nd Floor •Email:purchasing_office@cwu.edu • Web:www.cwu.edulcontracts/contracts-purchasing-surplus-horne EEO/AAITITLE IX INSTITUTION -FOR ACCOMMODATIONEMAIL:DS@CWU.EDU. This is an electronic communication from Central Washington University. LEARN.DO.LIVE. needed for such exemptions,in accordance with section 4 of the Proclamation. Please note the vaccination requirement does not apply to suppliers,vendors or contractors who work remotely and are never required to be on-site at a CWU facility. Nor does it apply to individuals who are only present on-site for short periods of time,for example,drivers dropping materials at a loading dock or construction site,or delivery workers picking up packages at the entrance of a building. If you are an individual vendor,supplier or contractor,or if you are unable to confirm your status through your employer before the deadline,you may be requested to present an image of your CDC vaccination card or employer-approved accommodation. Contact the Contracts/Procurementoffice for further instructions purchasinq office@cwu.edu. CWU recognizes that our suppliers and vendors may interact with,and therefore will be contacted by,different organizations within the university,and we ask for your cooperation to respond to each compliance request according to instructions at your earliest convenience. In addition,CWU requires contractor personnel to comply with all applicable CWU policies while on campus,including those related to COVID-19. Reference Policies;CWUP 2-40-143 COVID-19 Vaccination and CWUP 2-40-145 Face Covering If you have questions about these requirements,please first review the FAQs from the Office of Governor Inslee and then contact purchasing_office@cwu.eduif you have any additional questions. Contracts and Procurement 400 E University Way •Ellensburg WA 98926-7480 •Office:509-963-1002 ·Fax:509-963-2871 Mitchell 2nd Floor -Email:purchasing_office@cwu.edu • Web:www.cwu.edulcontracts/contracts-purchasing-surplus-home EEO/AATTITLE IX INSTITUTION •FOR ACCOMMODATIONEMAIL:DS@CWU.EDU. This is an electronic communication from Central Washington University. LEARN.DO.LIVE. Thank you for your cooperation as we work to fulfill our obligations under the Governor's Proclamation and create a safe working environmentat Central Washington University. Sincerely, Stuart Thompson Director CWU Contracts,Procurement,Surplus Property Contracts and Procurement 400 E University Way •Ellensburg WA 98926-7480 •Office:509-963-1002 •Fax:509-963-2871 Mitchell 2nd Floor •Email:purchasing_office@cwu.edu • Web:www.cwu.edulcontracts/contracts-purchasing-surplus-home EEO/AA/TITLE IX INSTITUTION ·FOR ACCOMMODATIONEMAIL:DS@CWU.EDU. This is an electronic communication from Central Washington University. LEARN.DO.LIVE. COVID-19 Vaccination Requirement Declaration This declaration is required for all suppliers,vendors and contractors working on-site at a Central Washington University (CWU)location as of October 18,2021.The form must be electronically signed using DocuSign.If you have questions email to purchasing office‡cwu.edu. Pursuant to Governor Inslee's Proclamation 21-14.1(NPTOclamation"),as amended on August 20,2021, and anytime thereafter,I hereby declare as follows: 1.The Company listed on this form ("Company")is a contractor with Central Washington University (CWU)("University")as defined by the Proclamation. 2.Pursuant to Section 4 of the Proclamation,Central Washington University has elected to require the Company to assume responsibility for the vaccination verification and accommodation requirements included within the Proclamation and the Company agrees to assume those responsibilities with respect to all of its employees that provide on-site services to the University. 3.The Company has met all of the vaccine verification and accommodation requirements included within the Proclamation.This includes the requirement to obtain a copy or visually observe proof of full vaccination against COVID-19for every current employee who is subject to the vaccination requirement. 4.Any employee of the Company who is not fully vaccinated by October 18,2021,and is not otherwise exempt from the vaccine requirement,will be prohibited from providing on-site services to the University. 5.The Company agrees to submit additional signed declarations upon the request of and by the date designated by the University. 6.The Company further agrees to cooperate with any investigation or inquiry the University makes into the Company's compliance with the Proclamation.This includes providing information and records upon request,except any information or records that the Company is prohibited by law from disclosing. Contracts and Procurement 400 E University Way •Ellensburg WA 98926-7480 •Office:509-963-1002 •Fax:509-963-2871 Mitchell 2nd Floor ·Email:purchasing_office@cwu.edu • Web:www.cwu.edulcontracts/contracts-purchasing-surplus-home EEO/AAITITLEIX INSTITUTION •FOR ACCOMMODATIONEMAIL:DS@CWU.EDU. This is an electronic communication from Central Washington University. LEARN.DO.LIVE. I declare under penalty of perjury under the law of Washington that the foregoing is true andcorrect. Date of Signature: Printed Name: Position Title: Signature: Company Name: Contracts and Procurement 400 E University Way •Ellensburg WA 98926-7480 •Office:509-963-1002 •Fax:509-963-2871 Mitchell 2nd Floor •Email:purchasing_office@cwu.edu • Web:www.cwu.edulcontracts/contracts-purchasing-surplus-home EEO/AAlTITLEIX INSTITUTION ·FOR ACCOMMODATION EMAIL:DS@CWU.EDU. This is an electronic communication from Central Washington University.