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HomeMy WebLinkAboutContract_CWU_PH_Kittitas County Review Form Grants & Contract Agreement Contract/G rant lnformation Recommendation for Board of Health Review on Department Head Signature:Director Date: b((bl" Verification the Contracting Agency is not Suspended/Disbarred: I Agency is not suspended/disbarred [] Not Checked (reason) Financial lnformation Today's Date os/to/2022 PA Camas Request #:ILl)qh Fund/Department 116-Public Health Agenda 0r,", ([J\4i.r 1 , ?b?Z Contract /Grant Agency: Central Washington University riod Begin Date: f \t \aZPe Period End Date: \r l {b n Total Grant/Contract Amount: NTE S30,000.00 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 bythe Kittitas County Public Health Fee Schedule. with a maximum allowable of 530,000.00 for the term of the agreement. Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment: APPROVED b L. Signature of P utor's Office e 6 ( Signature of Auditor's Grant/Contract Review Page 1 Total Amou nt 530,000.00 State Funds S Federal Funds S Percentage County Funds Matching Funds S CFDA# ln-Kind S Explain ls Equipment being purchased?Who owns equipment? New Personnel being hired?Contact HR hiring - reporting requirements Future impacts or liability to Kittitas County: lnformation Pass Throu lnformation Prosecutor Review Budget Amendment Needed?Yes f] attach budget form No E why not Already BudgetedNew Division Created? tL6.6L50634622 ,/Revenue Code Expense Code Agency to Pass Through Amount to Pass Through Expense Code Sub-Contract Approved Date: Has the Prosecutor reviewed this agreement?Yes No Cou De ments lm BOCC Approval Needed? Yes !Non Staff Member Presenting: Assignment of Tracking lnformation Auditor's Office Human Resource Prosecutor's Office fr srr-t v.t {-=,t Pn- hf"-( S /tt I t- t Who Signed the grant application \I Auditor Facilities Maintenance lnformation Services Human Resource Prosecutor Treasurer Reviewer Date Grant/Contract Review Page 2 lSlo fo CENTRAL WASHINGTON UNIVERSITY STANDARD AGREEMENT This CENTRAL WASHINGTON UNIVERSITY STANDARD AGREEMENT (..AgTEEMEnt'') iS entered into by and between Central Washington University, 400 East University Way, Ellensburg, WA 98926 ("CWIJ"), and Kittitas County Public Health Department, 507 N. Nanum Sffeet, 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 Washington with its principal place of business located in Ellensburg, 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 provide dining 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 foregoing recitals, 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 provide dining operation plan reviews, and consultation and investigation for foodbome related investigations upon request by CWU. 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 flequency 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 Chel in addition to CWU Dining Administration (dining@cwu.edu). Conhactor 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. lnvoice shall be mailed to CWU Dining Services Administration Office, 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 I , 2022 and ending June 30, 2025. (b) In response to the COVID-I9 pandemic and following Washington Governor Jay Inslee's lnatron ttl lamation"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 approved exemption. As a supplier, vendor or contractor of CWU, you are responsible for l) 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 curmpus, including those related to COVID-19 (cwuP 2-40-143 c l)-l9Vaccinationand C$/UP 2-40-145 Face Covering). CWU Standard Agreement Approved as to Form / Assistant Attorney General 109.29.15 Page I 2.2 CWU's Obligations. Upon detivery 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 ofthe agreement. UI. 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 obligation to 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 parfy 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 parfy, the Agreement may be terminated immediately by written notice of the aggrieved parfy. Termination for breach shall not be deemed to limit any of the terminating party's contractual remedies as against the breaching parry. (d) Termination of this Agreement by any means provided herein 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 delivered or 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 parfy 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 govemmental authority, 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 arbihator acceptable to both parties. If the parties cannot agree on an arbitrator, the Yakima Dispute Resolution Center shall be requested to choose an arbiffator. The fees and expenses ofthe 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 Arbihation 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 parfy. The employees or agents of each party who are engaged in the performance of this Agreement CWU Standard Agreement Approved as to Form / Assistant Attorney General 109.29.15 Page2 shall continue to be the employees or agents ofthat parfy 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. CWtl 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, rt utt Ur 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 constifute public records subject to the public disclosure and retention requirements under applicable state law. Each pa4y 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 ielating to ihir Agr""r.nt, 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 Counfy, Washington. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions of this Agr""*.nt 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.g 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 an/prio-r olSublqqu€ut breaeh lrdefaultlheenfotoementolany provisior hereo{ or the exerciseof any right or priuit"g" G.eundei, 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 provided by 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 ^uy b" provided by regular first class mail if simultaneous notice is provided by electronic mail. Notices will be ssnt 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, WA98926-7480 Ellensburg, W498926 The address of a party for the receipt of notice may be changed at any time by written notice provided in accordance herewith. 4.ll 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 Approved as to Form / Assistant Attorney General /09.29.15 Page 3 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 behalf of the parties through their authorized representatives, effective as of the latest date r,witten below. CENTRAL WASHINGTON UNIVERSITY KITTITAS COUNTY PUBLIC HEALTH DEPT. (a) ,{,{ act A.(j 1Ss &/fbf.Lz Date Date 0/,rc L* Name Title Name Vtved",;r Title CWU Standard Agreement Approved as to Form / Assistant Attorney General I 09.29.15 Page 4 ATTACHMENT A 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 Caft ' 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 Cafd & 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 Uy ttre Unit Manag"r, or designee, for each establishment to Dean Masuccio @ean.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 Approved as to Form / Assistant Attorney General / 09.29.15 Page 5 -J I a1Ig1 CWU LEARN. DO. LIVE Below is an important update for CentralWashington University (CWU) suppliers, vendors and contractors regarding Govemor Jay /ns/ee's recent vaccination proclamation. P(ease read carefully and share as appropriate with your company's leadership, as CWU suppliers, vendors, and contracfors (as well as their subcontractors) will be expected to comply with these new requirements. To CentralWashington University (CWtJ) Suppliers, Vendors and Contractors. ln our ongoing response to the COVID-19 pandemic and following Governor lnslee's recent COVID-1 I Vaccination Reouirement Proclamatian 21 -14.1 f 'Proclarnation"), CWU is requiring suppliers, vendors and contractors working on-slte 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 scrpplier, vendor ar cantractor af the University, you are respoazsrb[e far 1] determining whether the Fraclamation applies to yow ar nat and 2) ensuring your representaffves, ineludinE employees and subcontractors, comply wittt tttis reqwirement. To confirm compliance, suppliers and vendors working on-site at a CWU location must complete tf'le declaration forrn showing their representatives, 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. Supplierc, vendons and contractons are required to cornplete the form in DocuSign no later than October'!8, 202'1. You are responsible for verification of full COVID-19 vaccination, approving all exemptions for disability and sincerely held religious beliefs and determining any accommodations Gontracts and Procurement 400 E University Way . Ellensburg WA 98926-7480 . Office: 509-963-1002 . Fax 509-963-2871 Mitchell 2nd Floor. Email: purchasing_offi ce@cwu.edu . Web: www. cwu. edu/contracts/contracts-purchasing-surplus-home EEO/AA/TITLE lX INSTITUTION . FORACCOMMODATION EMAIL: DS@CWU.EoU. This is an eleclronic communication from Central Washingrton University. "gg1' c b CWU 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 environment at CentralWashington University. Sincerely, Stuart Thompson Director CWU Contracts, Procurement, Surplus Property Contracts and Procurernent 400 E University Way . Ellensburg WA 98926-7480 . Office: 509-963-1002 . Fax 509-963-2871 Mitchell 2nd Floor Email: purchasing_office@oruu.edu . Web: www.cwu.edu/contractVcontracts-purchasing-surplus-home EEO/AA/TITLE lX INSTITUTION . FOR ACCOMMODATION EMAIL: DS@CWL.EDU. This is an eleclronic communicalion from CentralWashington Uni\rersity. cwu L: A,ql{ Ds. Llill needed far such exemptions, in aecordance with seciion 4 of the Proclamation. Piease rroie the vaeeination requirement does noi apply to suppliers, v"eridors oi" contractsrs who work remotely and are never required to be on-site at a CWU t-aeiiity. Nor does it appiy 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 uB packages at the enirance cf a building' lf you are an inciividual vendor, suppiier or ccntraetsr, or if y*Li ar€ rinable ta confirm your status through your employer before the deadiine, you rnay be requested to present an image of your CDC vaccination card or employer-approved accommodation Contact the Contracts/Procurement office far further instructions ourchasinq office@$,Yu.edu. CWU recognizes that our suppliers and vendors may interact with, and lherefore will be eontacted by, different organizations within the uni.versity, and we ask foi- your cooperation to respond to each compliance request according to instructions at your earliest convenience. ln addition, CWU requires contractor personnelte eomp*y with allapplicable C\ryU policies while on eampus, including those related to COVID-19. Reference Policies CWUP 2 -40-143 COVTD-19 nation and CWUP 2-40-145 Face Cgverinq lf yoil have questions about ihese requirements, please firsi review the FAQs from the Office of Governor lnslee and then coniact purchasing-ofiiee@cwu.edu if you have any additional questions. Contracts and Fnocurernent 400 E Universiiy Way " Ellensburg WA 98926-7480 'Office: 509-963-1002 " Fax: 509-963-2871 Mitchell znd Floor Email: purchasing-office@cwu'edu ' Web : www'. cwu.edu/contracis/coniracts-purchasing-surplus-home EEO/AA/TITLE lX |NSTITUTION' FOR ACCOMMODAT|ON EMAIL: DS@C\iVU.EDU. This is an eleclronic communicalion lrom Central Washingion Unii,€rsity. CH'U I-FARN, DO. LIV! COVID-19 Vaeeination Requirement Declaration This declaration is required for all suppiiers, vendors and contractors working on-site at a Central Washington University {CWU} location as of October 78,2O21.. The form must be electronically signed using Docu$ign. lf you have questions email to purchasing office@cwu.edu. pursuant to Govcrnor iRslee's Frselarnation 21-14.1 {"Proclamation"}, as amended on August 2$" 2021, and anytirne thereafter, I hereby declare as follows: 1. The Ccmpany listed on this form {"Company"} is a contractar with Central Washingtan University {CWU} {"University"} as defined bv the Proclarnation- 2. Pursuant to Section 4 of the Proclarnation, Central Washinglon University has elected to require the Company to assume responsibility fsr the vaccination verification and accommodation reguirements included within the Proclar"nation and the Cornpany 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 accomnnodation requirernents included within the Proclamation. This includes the requirement to obtain a copy or visually observe proof of full vaccination against COVID-19 for every curre*t employae 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 declaraticns upon the request gf and by the date designated by the lJnive rsity. 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 informaticn and recorcis upcn request, except any informarion or recorcis ihat ihe eornpany is prohibiied by iaw from disclosing. Gontracts arid PrCIcurement 40tl E University Way ' Ellensburg WA 9892S7480 " Office: 509-963-1002 ' Fax: 509-96&2871 Mitchell 2nd Floor Email: purchasing-office@cr,vu-edu' Web; www- cwu.eduieontracts/contracts-purchasing-surplus-home EEO/AA/TITLE lX INSTITUTION " FORACCOMMODATION EMAIL: DS@C\TVU.EDU This is an elec{ronic communicalion from Central Washington Universit-v. \NG -J 4 . ?991 a CWU LEARN. DO. LIVE I declare under penalty of perjury under the law of Washington that the foregoing is true and correct. Date of Frinted Name: Fosition Signatu Cornpany A ((u (L2- L*+k43 i-; r.z{qr ahf^t guSuLJ<. Lhu,*L Gontracts and Procurement 400 E University Way . Ellensburg WA 98926-7480 " Office: 509-963-1002 ' Fax: 509-963-287'l Mitchell 2nd Floor. Email: purchasing_office@arur.edu . Web: www.cwu. ed u/contracts/contracts-purchasing-surplus-home EEO/A /TITLE lX INSTITUTION . FORACCOMMODATION EMAIL: DS@C\{IJ.EDU. This is an electronic communication from Central Washing{on Unilersily.