Loading...
HomeMy WebLinkAboutContract 62678CSC No. 62678 FoRTWORTH. VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home -rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and MEALS ON WHEELS, INC. OF TARRANT COUNTY ("Vendor"), a Texas non-profit corporation, acting by and through its duly authorized representative, each individually referred to herein as a "Party" and collectively referred to as the "Parties." 1. Scope of Services. Vendor will provide a Congregate Meal and Transportation Program for persons 60 years or older and their spouse at City of Fort Worth Community Centers ("Services"), which Services are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. Unless terminated earlier in accordance with the terms of this Agreement, the initial term of this Agreement will be for five (5) years ("Initial Term"), beginning on May 1, 2024 ("Effective Date"). After the expiration of the Initial Term, the Agreement will automatically renew each year on May 1 for a one-year renewal term (each a "Renewal Term") until terminated by either Party by giving at least thirty days' written notice to the other Party. 3. Compensation. Vendor shall not receive payment for any services provided under this Agreement. However, City and Vendor expressly agree and stipulate that this Agreement is based on valuable consideration and an exchange of promises that will be independently beneficial to both Parties. Specifically, Vendor agrees that the City will provide a benefit to Vendor by providing use of the Fort Worth Community Centers at no charge to Vendor for the agreed upon Services. Vendor has accepted this as valuable consideration for its performance of the services. Additionally, City agrees that the Vendor's Services will provide a benefit to the City by providing a Congregate Meal and Transportation Program to Fort Worth citizens and that the City has accepted this as valuable consideration. Both Parties agree as a condition precedent to executing this agreement that the consideration is valuable and sufficient and that neither Party shall be able to assert otherwise in the event of litigation. OFFICIAL RECORD 4. Termination. CITY SECRETARY FT. WORTH, TX 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other Party with at least 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City Council in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the natural expiration of any term, City will pay Vendor for services actually rendered up to the effective date of termination, and Vendor will continue to provide City with services Vendor Services Agreement Page 1 of 14 Meals on Wheels, Inc. of Tarrant County requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City information or data as a requirement to perform services hereunder, Vendor will return all City information or data to City in a machine-readable format or other format deemed acceptable to City. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's Services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. To the extent allowed by law and subject to Section 5.3 below, the parties agree to treat all information provided to it by the other party as confidential if so designated and will not disclose any such information to a third -party without the prior written approval of the other party. 5.3 Public Information Act. Vendor acknowledges that City is a government entity under the laws of the State of Texas and that as such all documents held or maintained by City may be subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked by Vendor as "Confidential" or "Proprietary," City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure to the Texas Attorney General's Office. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete, or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement or the final conclusion of any audit commenced during said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers, and records, including but not limited to all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Indeuendent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights, privileges, and work performed under this Agreement, and not as agent, representative, or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subvendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants, and employees, and Vendor and its officers, Vendor Services Agreement Page 2 of 14 Meals on Wheels, Inc. of Tarrant County agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a co -employer or a joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors of Vendor. Neither Vendor nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself and any of its officers, agents, servants, employees, or contractors. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. E:�►�H�i��/a1,71 /1 /��/ JAIu /��//y[A/i�1►CIJ��d��/��/ ZI),�//�1.7�/:� `LKI]%�i��/A`yK�GI��/ AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY AND CITY'S OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROMAND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE, OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. Assignment and Subcontracting. 9.1 Assigmment. Vendor will not assign or subcontract any of its duties, obligations, or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: Vendor Services Agreement Page 3 of 14 Meals on Wheels, Inc. of Tarrant County 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will include any vehicle owned, hired, and non -owned. (c) Workers' Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): ❑ Applicable ® N/A $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy or through a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made and maintained for the duration of the contractual agreement and for two (2) years following completion of Services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Reauirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers with respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. A minimum of ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the City in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do Vendor Services Agreement Page 4 of 14 Meals on Wheels, Inc. of Tarrant County business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. Certificates of insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules, and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state, and local laws, ordinances, rules, and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state, and local laws, ordinances, rules, and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules, or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein given, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other Party, its agents, employees, servants, or representatives, or (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other Party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Meals on Wheels, Inc. of Tarrant County Attn: Assistant City Manager Attn: Alissa Deaton, CEO 100 Fort Worth Trail 5740 Airport Freeway Fort Worth, TX 76102 Fort Worth, Texas 76117 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Emvlovees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the other Party. Notwithstanding the foregoing, this provision will not apply to an employee of either Party who responds to a general solicitation or advertisement of employment by either Party. Vendor Services Agreement Page 5 of 14 Meals on Wheels, Inc. of Tarrant County 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any State; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event and an explanation as to how it prevents or hinders the Party's performance as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The Parties acknowledge that each Party and its counsel have reviewed and revised, or had the opportunity to review and revise, this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting Party will not be employed in the interpretation of this Agreement or any attachments or exhibits. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a Party hereto unless set forth in a written instrument, which is executed by an authorized representative of each Party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Immigration and Nationalitv Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Vendor Services Agreement Page 6 of 14 Meals on Wheels, Inc. of Tarrant County Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all federal and state laws and establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 25. Signature Authoritv. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective Party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. This Agreement and any amendment hereto may be executed by any authorized representative of Vendor. Each Party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 26. Change in Comvanv Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, a copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation may adversely impact future invoice payments. 27. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms in Section 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 28. Prohibition on Bovcotting Energv Companies. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms in Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 29. Prohibition on Discrimination Against Firearm and Ammunition Industries. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during Vendor Services Agreement Page 7 of 14 Meals on Wheels, Inc. of Tarrant County the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity," and "firearm trade association" have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 30. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file, email, or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 31. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 8 of 14 Meals on Wheels, Inc. of Tarrant County IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiples. City: By: Name: Jesica McEachern Title: Assistant City Manager 01/22/2025 Date: Vendor: By: Laja ' P_ r Name: Alissa Deaton Title: CEO Email: alissa@mealsonwheels.org Date: Dec 10, 2024 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: Name: Dave Lewis Title: Deputy Director Park & Recreation Department IIUU�.Zwltl By: Name: Monique Hill Title: Assistant Director Park & Recreation Department Approved as to Form and Legality: Tt-Py L?Ualls By: Trey Qualls (Dec 9, 202413:47 CST) Name: Trey Qualls Title: Assistant City Attorney Contract Authorization: M&C: N / A Form 1295: N/A Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Eric Lopez Title: District Superintendent Park & Recreation Department 4.DpU4pn�n City Secretary: ono°��o By: Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 9 of 14 Meals on Wheels, Inc. of Tarrant County 1*141,11:311W.1 SCOPE OF SERVICES MEALS ON WHEELSNc- eld iarraeChalk Vendor will provide a Congregate Meal and Transportation Program for persons 60 years or older and their spouse. Additional eligibility under the Older Americans Act allows persons under 60 to be eligible if their spouse is an active participant and they attend with their spouse. Individuals with a disability that are under 60 are eligible if they reside in the home with an eligible person 60 plus that is participating in the program. And finally, a volunteer that is approved by Meals on Wheels as required under the Older Americans Act guidelines is also eligible. All Parties will comply with Texas Department of Health and Human Services (HHSC) and Administration for Community Living (ACL) Title 111-C and Title III-B Service Standards for sub -contractors. Vendor will: Provide lunch at City of Fort Worth Community Centers, Monday through Friday, with the exception of inclement weather/emergency closure days and the following holidays: New Year's Day, MLK Day, Good Friday, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day following Thanksgiving Day, Christmas Eve, Christmas Day. Additional holidays may be identified through mutual written agreement by the Parties. Fort Worth Community Centers open fewer than 5 days per week receive meals on days of operation. For all Fort Worth Community Centers, a daily minimum order of 12 meals will be required to participate in the Congregate Meal and Transportation Program. 1 Any reference to specific community centers ("Center") within this contract shall be deemed inclusive of all community centers under the jurisdiction of the City. Vendor shall provide services as per the terms and conditions of this contract to any City -operated community center as administratively approved by the PARD Director or his/her designee, without the need for additional amendments to specify the participating centers. FORT WORTH COMMUNITY CENTER Chisholm Trail (CT) Diamond Hill (DH) Eugene McCray (EM) Fire Station (FS) Fort Worth After School(FWAS) Greenbriar (GB) Handley Meadowbrook(HMB) Highland Hills (HH) CENTER ADDRESS 4936 McPherson Blvd. (76123) 1701 NE 37th St. (76106) 4932 Wilbarger St. (76119) 1601 Lipscomb St. (76104) 2901 Shotts St. (76107) 5200 Hemphill St. (76115) 6201 Beaty St. (76112) 1600 Glasgow Rd. (76134) Atatiana Carr -Jefferson Community Center at Hillside (ACJCC@HS) Mobile Recreation (MR) Northwest (NW) R. D. Evans (RDE) Riverside (RS) Southwest (SW) Sycamore (SY) Thomas Place (TP) Victory Forest (VF) Andrew `Doc' Session(ADS) Como (CCC) FW After School(FWAS) Martin Luther King(MLK) North Tri-Ethnic (NT) Northside (NS) Southside (SS) Worth Heights (WH) 1201 E. Maddox Ave. (76104) 1601 Lipscomb St. (76104) 8375 Blue Mound Rd 76131 3242 Lackland Rd. (76116) 3700 E. Belknap St. (76111) 6300 Welch Ave. (76133) 2525 E. Rosedale St. (76105) 4237 Lafayette Ave. (76107) 3427 Hemphill St. (76110) 201 S. Sylvania Ave.(76111) 4660 Horne St. (76107) 2901 Shotts St. (76107) 5565 Truman Dr. (76112) 2950 Roosevelt Ave. (76106) 1100 NW 18t' St (76164) 959 E. Rosedale St.(76104) 3551 New York Ave.(76110) 1.2 The Parties acknowledge that, with the inclusion of the umbrella language as described above, no additional amendments or modifications to the contract shall be necessary to specify participating community centers. 1.3 If the Provider desires to modify the Agreement, then the Parties will need to address any such modifications through an amendment to this Agreement. 1.4 Either Party has the option to administratively remove Centers without termination of the contract. 2. Provide training for center staff and volunteers on food handling procedures as required by state and local health departments. Food Handlers Training Certificates shall be provided for posting in kitchen/dining area as required by the Tarrant County Health Department. 3. Comply with all applicable federal and state Guidelines for Congregate Nutrition Services as funded by the Older Americans Act of Congress, Title 111-C1 and USDA with regard to meals served by Vendor. Meals shall contain at least one-third of the current recommended dietary allowance established by the Food and Nutrition Board of the National Academy of Sciences, National Research Council. 4. Provide management, training, and technical assistance relative to Congregate Meal and Transportation Program operations. Provide copies of health inspection standards for food service sites, all health and safety codes, and other applicable regulations pertaining to the physical condition and maintenance of the facility relating to the Congregate Meal and Transportation program. 5. Provide annual Operations and Food Service Sanitation Compliance site visits. 6. Provide training and ongoing support related to the use of the online meal reservations and consumed platform. 7. Train Fort Worth Community Center staff and/or volunteers to prepare Congregate Meal and Transportation Program participant information documentation as required by various funding sources. 8. Provide copies of all forms, reports, public notices, statements, due dates, and deadlines required for the Congregate Meal and Transportation Programs. 9. Provide applicable serving utensils and food service supplies as outlined in MEALS ON WHEELS Policy and Procedure Manual. CITY will: 1. Provide, at no cost to Vendor, space within the Fort Worth Community Centers identified below large enough to comfortably facilitate the program while considering equipment storage needs and social distancing for participants. Delivery dates and serving times to be mutually agreed upon. 2. Provide, at no cost to Vendor, the following equipment to support the Congregate Meal and Transportation Program: first aid kit, locking file cabinet, refrigerator, oven or warming table, tables, chairs, and secured storage for food service supplies. 3. Provide, at no cost to Vendor, maintenance and utilities at the respective Community Centers to support the Congregate Meal and Transportation Program. 4. Provide trained staff responsible for the operation of the Congregate Meal and Transportation Programs. 5. Ensure upon hiring that designated staff attends Vendor's Center Operations' Policy and Procedure Training and Texas Department of Health & Human Services (HHSC) Senior Center and Congregate Meal and Transportation Program State Standards Training, provided by Vendor. 6. Ensure designated staff attend Vendor's Center Staff and Partners meetings monthly. 7. Provide a designated participant representative from Fort Worth Community Center(s) to serve on the area -wide Vendor Agency Advisory Council for the Congregate Meal and Transportation Program. 8. Comply with city/county/state health inspection standards for food service sites, all health and safety codes, and other applicable regulations pertaining to the physical condition and maintenance of the facility. 9. Provide access to facilities, records, and personnel for on -site evaluation and compliance monitoring of the Congregate Meal and Transportation Programs by the staff of Vendor, the TARRANT COUNTY AREA AGENCY ON AGING, and HUD. 10. Prepare and provide all forms, reports, statements, and documentation required, as stated in the Vendor Center Operations Policy and Procedures Manual. 11. Provide a copy of a Certificate of Insurance or letter of self-insurance and name of excess liability carrier to Vendor covering the facility and equipment. 12. Use the established, in -place envelope system (as outlined in the Vendor Center Operations Policy and Procedures Manual) for eligible participants to make voluntary contributions toward the cost of meals and transportation services. Service cannot be denied based on a participant's inability or unwillingness to contribute. The City will deposit collected funds and submit monthly to Vendor by check or ACH. Daily cash collection and reports will be submitted to Vendor, along with all other required paperwork using the red pouch system. 13. Require all non -eligible visitors and staff served lunch to pay the posted cost per meal. 14. Require current First Aid and CPR training for staff involved in the program. 15. Ensure all community information supplied by Vendor is available to all participants at the Fort Worth community centers. 16. Ensure all public notices are posted in a visible manner to ensure requirements are met with the federally funded meal program. 17. Ensure that staff are present and document nutrition education trainings monthly to meet the meal program guidelines required under the federally funded meal program. 18. Complete and submit Area Agency on Aging Acknowledgement of Responsibility Form 1020 to Vendor annually on all paid and or volunteer intake staff to meet the guidelines of the federally funded meal program. 19. Share within 48 hours accident and incident reports relative to the meal and transportation programs. 20. Prominently display signage provided by Vendor recognizing the program provider. Designated representatives of Vendor will meet with the designated representatives of the City to review current operations and any necessary amendments when called upon. Any amendment to this agreement must be agreed upon in writing between the Parties.