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Service Solicited - 2023 - Meals on Wheels (Metro Community Services dba Metro Meals on Wheels - Senior Nutrition Meals at Eagle Senior Center AGREEMENT FOR SENIOR NUTRITION MEALS BETWEEN METRO COMMUNITY SERVICES DBA: METRO MEALS ON WHEELS AND CITY OF EAGLE (EAGLE SENIOR CENTER) This agrearnant is by and between Metro Community Services, Meto Meals on Oiheels (MO1Ao and Eagle Senior Center,. City of Eagle (City). 1. PURPOSE The purpose of this agreement is to facilitate use of the Eagle Senior Center (City) kitchen and dining room facility and equipment by MOW to provide senior meal services for the senior citizens of the Eagle area under the Older Americans Act Federal Senior Meals Program (Senior Meals). For SENIOR MEALS, "senior citizens" is defined as any person who is 60 years or older, or the spouse of any person who is 60 years or older. If. THE PARTIES AGREE AS FOLLOWS: 1. MOW will prepare and serve SENIOR MEALS (using MOW staff and CITY staff/volunteers)to senior citizens at the CITY during the specified hours set forth herein_ 2. MOW will provide training in kitchen use and food service to CITY staff and volunteers as requested by CITY. 3. MOV will advise and consult with CITY regarding any proposed changes in SENIOR MEALS operations that will have a direct impact on the CITY'S operation or the CITY facility. 4. When used by MOW, MOW will keep the kitchen and dining area in a state of cleanliness required to meet"State and Local Health Regulations for Eating Places and Food Service Establishments." If CITY allows others to use the kitchert area, City will ensure that the kitchen area is cleaned to this same standard before its next use by MOW following agreed upon cleaning policy. If MOW staff is required to clean the kitchen after an event, CITY will reimburse MOW for the time spent cleaning- 5- MOW will aversee the safe operation of i<dchen and dining room equipment cooperatively with CITY staff, during SENIOR MEALS operation at the CITY. 6. MOW will provide noon meals at the CITY on Monday, Tuesday and Thursday except for holidays observed by the State of Idaho. If MOW requires additional days off from meal preparation, they will advise CITY 30 days in advance when practical and food service on such days may be limited to 1) frozen meals available for take-out the day before (requests to be made at least one week in advance), 2) simplified menu, agreed upon and partially prepared in a mutually agreed upon compromise. 7. CITY will provide MOW full access and use of CITY kitchen and dining room area three days per week (Monday, Tuesday and Thursday), excluding designated CITY and state holidays, between the hours of Kitchen: 8:30 am to 3:00 pm Dining Room: 11:00 am— 1:00 pm 8. CITY agrees to provide for and be responsible for the safe and secure storage of MOW property, including food, supplies, and equipment located in or on CITY property, including the kitchen area, storeroom/pantry area, dining area, refrigerators, or freezers. CITY will be responsible for the cost to repair and/or replace, in a timely manner, any MOW property lost or damaged due to power or equipment failure, or any theft, pilferage, vandalism or other loss or damage as a result of the CITY allowing use of the kitchen area by others. 9. Both parties agree to maintain insurance as follows: a. CITY is responsible for maintaining property damage insurance on the CITY building, property, and the contents that are not MOW property. b. MOW is responsible for maintaining property damage insurance on the goods and equipment that MOW owns. c. For equipment that is owned in part by both parties, the parties agree that each will be responsible for insuring the value of their share of the equipment against property damage. d. Attached to this agreement is a list of equipment in the kitchen area and its ownership. The list will be updated as needed when ownership of equipment changes, for example, new equipment is purchased, or old equipment is disposed of. e. Regardless of ownership, CITY will be fully responsible for loss or damage to MOW food supplies, or equipment that is a result of those actions or conditions specified in #8 above. f. Both parties agree to maintain workers' compensation insurance on their own employees and volunteers. The volunteers will either be designated as MOW volunteers or CITY volunteers. g. CITY and MOW agree to maintain liability insurance covering their respective officers, employees, agents, and volunteers for any liability arising out of the conduct or omission of their respective officers, employees, agents, and volunteers, acting on behalf of their employer, in the performance of this agreement. h. Each party shall indemnify, defend, and hold harmless the other, its officers, agents, and employees, from and against all liability, claims, damages, losses, expenses, actions, and entity caused by or arising out of a party's (including its employees and volunteers) act or omission or any other wrongful conduct, under this contract. Nothing in this provision shall extend the District's Indemnification or liability beyond that provided in the Idaho Tort Claims Act, Idaho Code 6-901et seq, the aggregate of which is limited to $500,000 by Idaho Code 6-926. 10 CITY will assist MOW with marketing within the Eagle area and will provide publicity for SENIOR MEALS in conjunction with publicity provided by other Eagle Senior Center services. 11 CITY-dill pre4 '"�`i `one senior representative from the CITY to sit on the Senior Nutrition Meals Advisory Councj� 0 12. Both parties will abide by the "State and Local Health Regulation for Eating Places and Food Service Establishments." III. SENIOR MEALS DONATIONS 1. All donations generated as a direct result of SENIOR MEALS served at the CITY become the property of MOW to be used to maintain or increase the number of SENIOR MEALS served at the CITY otherwise improve the SENIOR MEALS program operated by MOW. 2. The CITY is prohibited to fundraise between the hours of 11:00 am and 1:00 pm in the dining room when SENIOR MEALS are collecting donations for the noon meal. Fundraising is defined as selling raffle tickets, baked goods, etc. or soliciting donations for entertainment (musicians, etc.) transportation, etc. Part 111, Section C, OlderAmericans Act. IV. PAYMENT TEl> M 1. MOW agrees to pay for the linens (towels and aprons) and kitchen cleaning supplies used for SENIOR MEALS operation. If CITY allows others to use the kitchen area, it will ensure that MOW does not bear any of the cost or repairs of such use, and CITY will reimburse MOW for any linens and/or cleaning supplies so used. 2. Both parties agree to share half of the cost of maintenance and repair of kitchen equipment. 3. If for any reason the CITY is not usable for preparation of SENIOR MEALS, including but not limited to broken equipment, building dare, or other causes. the rent paid to CITY will be prorated based on total number of days in which meals were served that month in relation to total number of days in which meals uki normally have been served that month. Meals are normally served slays per week (Tuesday and Thursday), except holidays. Aaj-'o V_ NON-DISCRIMI NATION AND LIABILITY_. MISCELLANEOUS CITY and MOW shall not discriminate in employment or service on the basis of race, color, national origin, religion, or sex. Discrimination shall not be made in employment on the basis of age. Neither party in this agreement shall be held liable for the actions and procedures utilized by the respective employees of the other party. VI. AMENDMENT OR TERMINATION 4,5i. l "y3l i THIS A REE NT will be in effect from ,2023, through Ju 024 THIS AGREEMENT may be terminated by either MOW or CITY for any reason with 30 days'written notice sent by certified mail or hand delivered to the respective parties and addresses as listed above the signatures on this corftact. DATED this day of lt=�; .�-- MET RO COMMUNITY ITY SERVICES DBA: METRO MEALS ON WHEELS. 4900 N. Rosepoint Way Ste. B Bose, ID. 83713 � U F �oC'0RYZZ - c� prized Signature and Ti# ,authorized Signature and Title AMENDMENT TO THE AGREEMENT FOR SENIOR NUTRITION SERVICES BETWEEN METRO COMMUNITY SERVICES (DBA METRO MEALS ON WHEELS) AND EAGLE SENIOR CENTER (DATED JUNE 16, 2023) The parties enter into agreement for the purpose of utilizing the Center Kitchen, Dining Room Facility, and appropriate equipment to provide senior meal services for the senior citizens of the Eagle Senior Center. This agreement is for a period of one year, from June 16, 2023, through July 1, 2024. The parties agree to amend the above referenced agreement as follows, as well as any other modifications specified in this amendment: 1. Extension of term (VII., "Amendment or Termination"): The parties agree to continue the terms of the above-referenced agreement for the one-year period of time indicated above. DATED this / � day of t By: � C7� Council Approval: co�1a12023 Aqth rized Signature and Title By: .o Authorized Si6nature 4na Title