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HomeMy WebLinkAboutCAG2023-336 - Original - Summit Food Services Management, LLC - Inmate Food Services - 02/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Diane McCuistion Police Date Sent: Date Required: > 05/31/2023 June 15, 2023 0 L Authorized to Sign: Date of Council Approval: G. Q Fv—]Mayor or Designee January 17, 2023 Budqet Account Number: Grant? Yes Noz 10002500-63160-3510 Budget?ZYes❑No Type: N/A Vendor Name: Category: Summit Food Services Management, LLC Contract Vendor Number: Sub-Category: = 1552941 Original Project Name: Inmate Food Service 1. Project Details- 0 Starting a new contract with Summit Food Services Management, = for inmate meal services. 4W c Basis for Selection of Contractor: E� Agreement $400,000 Direct Negotiation *Memo to Mayor must be attached I- Start Date: February 1, 2023 Termination Date: February 1, 2028 Q Local Business? Yes F,—/]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: 0Yes2l in-Process Exempt(KCC 5.01.045) Authorized Signer Verified Notice required prior to disclosure? Contract Number: [—]YeszNo �G 2 Z✓ ,• 3150 Comments: 1n 3 a+ C C a, cc Date Received:City Attorney: 6/1/23 Date Routed:Mayor's Office City Clerk's Office "7 ad«w22373.1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 40 CITY OF KENT POLICE DEPARTMENT KENT Rafael Padilla, Police Chief WAS H IN G T O N 220 4th Avenue South Kent, WA 98032 Memo To: Dana Ralph, Mayor From: Rafael Padilla, Police Chief CC: Diane McCuistion, Corrections Commander Date: November 10, 2022 Re: Request for waiver of bidding requirements pursuant to KCC 3.70.110 for food services at the Kent Corrections Facility The Police Department, on behalf of the Corrections Facility, requests an exception to the competitive bidding requirements under KCC 3.70.110 (A)(2) and (3) in order to enter direct negotiations with potential vendors for food services at the Kent Corrections Facility ("jail"). Background. Our current food service provider is Summit Food Service, Inc. They have notified the City that in order to continue providing their services, they would need to increase the City's cost by 30%, as well as reduce the current food menu. Following discussions, and the City's unwillingness to pay such a significant increase in costs, Summit Food Service has decided to terminate their contract with the City. Summit Food Service and the City are currently drafting an extension that will have Summit Food Service continue providing food services through the end of the year at increased costs in order to provide the City time to contract with another vendor. At this point in time, after unsuccessful negotiations with Summit, there is little over one month before Summit's food services will cease operation at the jail. Reason for Waiver - #1. KCC 3.70.110(A)(2) allows the Mayor to waive the bidding requirements for the purchase of goods, materials, equipment, or services that are not part of a public work upon a finding that purchase is subject to special market conditions, or involves special facilities or services. Food services at the jail entail all three of the potential justifications under this code section. We are experiencing a period of hyperinflation locally and globally, which has affected goods of all types, including food. To state the obvious, the jail is a correctional facility, and maintaining an adequate supply of nutritious meals in such a setting, with a constantly changing number of people to feed, requires a special type of vendor with experience serving correctional facilities. The fact that there is only a handful of such vendors serving the Kent area confirms the specialized nature of this service. Reason for Waiver - #z. KCC 3.70.110(A)(3) allows the Mayor to waive the bidding requirements for the purchase of goods, materials, equipment, or services that are not part of a public work upon a finding that the bidding requirements would otherwise not be practicable or in the City's best interests under the circumstances. As noted above, the City's current vendor has opted to terminate the food service contract with the City. Assuming the negotiated extension is executed soon, the current vendor will cease operations at the end of the year. With such little time to secure food service for next year, advertising for and evaluating formal bids or formal proposals would not be practicable or in the City's best interest under the circumstances. Re guest for Direct Negotiation. I believe it is in the City's best interest to directly negotiate a food services agreement with on of the few available potential vendors, and request that you authorize the waiver of the competitive bidding requirements. At this time, direct negotiation will be a more efficient and cost-effective procurement process, and staff has every intention of securing quality service at a reasonable cost. Thank you for your consideration. SUBMITTED BY: Rafael Plladilla, Police Chief Date APPROVED: Mayor Dana Ralph Date 0 Page 2 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 KENT III tic.r..n GOODS & SERVICES AGREEMENT between the City of Kent and Summit Food Services Management, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Summit Food Services Management, LLC organized under the laws of the State of New Mexico, located and doing business at 500 East 52nd Street North, Sioux Falls, South Dakota 57104 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Vendor shall provide food and food preparation services to the City of Kent Corrections Facility ("CKCF") in order to feed inmates and corrections staff, each day of the week for the term of this Agreement. Inmates shall be served no less than three meals per day, which shall contain 3000 total calories per day. The following shall apply to Vendor's services: Locations and Hours: Vendor shall provide food service to inmates, staff and others as designated by City on the premises, on such days and such times as City shall prescribe. Vendor shall not use the CKCF for preparation of food that is to be served at any location other than CKCF, unless CKCF gives written permission to do so. Menu: The menu and menu cycle to be provided by Vendor is attached as Exhibit A, and is incorporated herein by this reference. The menu may be changed, with prior written notification, approved by Vendor's nutritionist, comparable or higher in monetary value and by agreement of all the parties. Vendor shall serve to inmates a cold breakfast. The cold breakfast shall be trayed or bagged the night before by Vendor staff and shall be served by City staff the following morning. Staff Meals: Vendor shall provide staff meals as requested at the same rate as inmate meals. Staff meals will be prepared by Vendor employees, not inmate labor. A staff menu will be posted for each meal daily. City will note staff meal requests on meal count sheets. Vendor will only charge City for staff meals if the staff member(s) eating initial the meal count sheet for the day/meal they chose to eat. If no verification is present, City will not be charged for staff meals. Vendor will provide coffee for staff, to include all supplies, grounds/beans, filters, sugar, liquid creamer and disposable cups. Vendor Labor: Vendor shall have the exclusive right to hire employees to provide the services called for in this Agreement, subject to the terms of a background check performed on by employees who must enter the CKCF. Upon City's request, Vendor shall remove any work site employee who has engaged in inappropriate conduct or has violated one of the rules and regulations established by City to maintain the good order and operations of the CKCF. Inmate Labor: Vendor shall utilize inmate workers provided by City. City shall provide a minimum of two (2) inmates and a maximum of six (6) inmates for labor each meal period. GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 Bagged Meals: Vendor shall provide bagged meals as requested by the City. Medical Meals and Religious Meals: Vendor shall provide meals to accommodate medical and religious needs as provided for by Exhibit B and as requested by City. Products: Vendor shall purchase food, products and supplies necessary to comply with Vendor's obligations as set forth in this Agreement. Vendor shall purchase all food products from USDA inspected plants that are currently certified as strictly complying with all applicable food safety standards. Compliance with Food Safety Laws: Vendor shall comply with all federal, state and local regulations governing the preparation, handling and serving of food, and Vendor shall post all permits or licenses as required by law. Vendor shall immediately notify City in the event it determines that it is not in compliance with any state or federal law or regulation. If at any time Vendor is notified by an authorized government agency that CKCF premises or equipment are not in compliance with any law, ordinance, rule, or regulation, Vendor shall immediately inform City of such notification. City shall cooperate with Vendor to accomplish the foregoing. Cleaning: Vendor shall perform routine cleaning and housekeeping in the food preparation and service areas to include: cleaning walls, floors, freezer, fridge and fixtures. City shall perform major cleaning including, without limitation, stripping and waxing floors, electric light fixtures, grease traps, hoods and vents, duct work, plenum chambers and roof fans throughout the CKCF as deemed necessary by the City. Right to Review: It is understood that City reserves the right to review and inspect the food service program performed by Vendor with respect to the quality and quantity of food served, and the sanitation of equipment and facilities, at any time. Emergency Plan and Supply: In the event of an emergency, City shall assist Vendor by permitting reasonable variations in Vendor's menu cycle and service methods. However, Vendor shall not be relieved of its responsibility to provide meal service under the terms of this Agreement. The term "emergency," as used in this section, means dire circumstances not within the control of the party whose performance is interfered with, and which by reasonable diligence such party is unable to prevent or mitigate, such as: pandemic, war, riot or other disaster, strike or other work stoppage, act of terrorism, fire, flood or volcanic eruption. By the completion of the first quarter of 2023, Vendor shall submit a contingency emergency plan to provide for meal service in the event of an emergency. Vendor shall be responsible for maintaining at the CKCF a minimum of seven (7) days non-perishable food stocks, to be used in case of an emergency. These stocks must meet the requirements of food services and emergency menu substitutions. Additional Services: Food, beverage and other services required or desired by the CKCF outside the scope of this Agreement shall be provided by Vendor upon written authorization by City administration through a mutually agreed upon process and at mutually agreed upon prices for such services. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services during the Term of this agreement. This agreement shall be effective February 1, 2023 and shall expire on February 1, 2028 (the "Term"). Vendor may continue to provide the goods and services called for in this Agreement after the Term of this GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 Agreement, and if Vendor does, such goods and services shall be provided pursuant to an amendment to this Agreement on terms and at prices to be mutually agreed upon by the City and Vendor. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed an agreed per- meal amount as set forth in Exhibit C which is inclusive of sales tax. The cost of each meal is dependent on the number of inmates served, as reflected in Exhibit C. The annual compensation for 2023 is estimated to be $233,688. This is only an estimate, as the actual amount will be dependent on the number of meals served at the rates set forth in Exhibit C. The Vendor shall submit a weekly invoice to the City, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The per meal prices stated in this Agreement are firm for the period beginning on the Effective Date, February 1, 2023 and ending on February 1, 2024. Per meal prices for each subsequent 12-month period shall be increased as further set forth below, by the greater of the (a) yearly percentage change in the Consumer Price Index, All Urban Consumers, U.S. City Average, Food Away From Home Index ("CPI-FAH"), published by the U.S. Department of Labor and (b) the yearly percentage change in the Market Basket of Products (as defined below) which approximate the products served at the facilities covered by this Agreement (the "Client Menu"). The period for determining CPI-FAH and Market Basket of Products increases shall be October of the immediately preceding year to October of the then-current year (the "Base Period"). It shall be the sole responsibility of the Vendor to notify the City of the new rate, prior to the new year or the rate will remain unchanged. As set forth on the sample client statement attached as Exhibit D, a copy of which shall be provided prior to implementing any agreed upon price adjustments pursuant to this section, the "Market Basket of Products" represents categories or types of products that are generally used in the Client Menu. Such products are classified into the following six categories of food items (each, a "Menu Category"): beverage (composed of juice and non-alcoholic drinks other than milk); baked goods; produce (composed of fruits and vegetables); dairy; meat; and grocery items (composed of the food items in the menu that are not otherwise included in one of the preceding categories). Each Menu Category will be ascribed a percentage (the "Category Weighting") representing the proportion of the Client Menu that such Menu Category approximately represents based on purchasing levels during the Base Period. Each Category Weighting will then be multiplied by the percentage change in the corresponding Bureau of Labor Statistics ("BLS") category compiled by the U.S. Department of Labor and published at www.bls.gov for the Base Period, and the results of each such calculation will be added together to arrive at the overall percentage change which will represent the Market Basket of Products. For the avoidance of doubt, the BLS categories to be multiplied by the Category Weightings are (1) Beverage, All Urban Consumers, U.S. City Average; (2) Baked Goods, All Urban Consumers, U.S. City Average; (3) Produce, All Urban Consumers, U.S. City Average; (4) Dairy, All Urban Consumers, U.S. City Average; (5) Meat, All Urban Consumers, U.S. City Average; and (6) Food, All Urban Consumers, U.S. City Average. In the event that there are any changes in the method in which the BLS reports its annual statistics, including any changes or modifications to any of the applicable BLS categories, the parties agree to negotiate a mutually agreeable modification to the appropriate Market Basket of Products category or categories or the methodology described above. If the parties do not agree on such a modification, Vendor shall have the right to terminate the Agreement upon 90 days' prior written notice. The Market Basket of Products is designed to approximate price adjustments with product cost increases at the facility or facilities covered by this Agreement. The Market Basket of Products is an estimate of food costs only and actual costs may vary. While the Menu Categories attempt to approximate the products served at the facility or facilities covered by this Agreement, they may not precisely parallel actual usage or the BLS categories listed above. Please refer to Exhibit E for an example of the Market Basket of Products calculation. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 Vendor shall submit a weekly invoice to City for payment. City shall provide payment within thirty days of receipt of an invoice. If City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effor to settle the disputed portion. Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (90) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit F attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 3. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. GOODS & SERVICES AGREEMENT - 8 (Over$20,000, including WSST) DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: DocuSigned by�,�,A By: EE - -"""IV—S V' B — — —"D-1 — Brittany Mayer-Schuler Print Name: Print Name: Dana Ralph Its President Its Mayor DATE: 5/31/2023 DATE: 06/06/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Tim Bucknell Diane McCuistion Summit Food Service Management, LLC City of Kent 500 East 52nd Street North 220 Fourth Avenue South Sioux Falls, South Dakota, 57104 Kent, WA 98032 971-218-3032 (telephone) (253) 856-5964 (telephone) (facsimile) (253) 856-6961 (facsimile) APPROVED AS TO FORM: .it Law Depa,�ment ATTEST: k�� A�aA Kent City Clerk A[In this field,you may enter the electronic filepath where the contract has been saved] GOODS &SERVICES AGREEMENT - 9 (Over$20,000, including WSST) DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: Brittany Mayer-Schuler Summit Food Service, LLC For: Title: President Date: 5/31/2023 EEO COMPLIANCE DOCUMENTS - 4 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 EXHIBIT A DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 summit: Corrections WA - Kent City Regular Week 1 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Breakfast Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Canned Fruit 1/2 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Coffee Cake 1/54 cut Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint Jelly PC 1 each 1%Milk 1/2 pint Lunch Turkey&Noodle 8 oz Turkey Salad 4 oz Breaded Chicken Patty 1 each Turkey&Gravy 6 oz Kielbasa 1 each T.Ham Mac&Cheese 12 oz Turkey Bologna 2 oz Casserole Bread 2 slices Hamburger Bun 1 each Seasoned Mashed 3/4 cup Hot Dog Bun 1 each Seasoned Carrots 3/4 cup Cheese Slice Imitation 1 slice Seasoned Carrots 3/4 cup Italian Pasta Salad 1 cup Paprika Potatoes 3/4 cup Potatoes Boston Baked Beans 1 cup Dinner Roll 2 oz Bread 2 slices Dinner Roll 2 oz Navy Bean Soup 8 oz Lettuce Salad 3/4 cup Seasoned Corn 3/4 cup Potato Salad 3/4 cup Margarine Pat 1 each Mayo PC 1 each Margarine Pat 1 each Frosted Bar 1/60 cut Salad Dressing 1/2 oz Dinner Roll 2 oz Frosted Bar 1/60 cut Cookie 2 oz Italian Pasta Salad 3/4 cup Frosted Bar 1/60 cut Fortified Flavored 1 each Cookie 2 oz Margarine Pat 1 each Fortified Flavored 1 each Fortified Flavored 1 each Hearty Vegetable 8 oz Fortified Flavored 1 each Beverage PC Fortified Flavored 1 each Frosted Bar 1/60 cut Beverage PC Beverage PC Soup Beverage PC Beverage PC Fortified Flavored 1 each Frosted Bar 1/60 cut Beverage PC Fortified Flavored 1 each Beverage PC Dinner Italian Meat Sauce 3/4 cup Turkey Stew 8 oz Chili 6 oz Turkey Tetrazzini 12 oz Meatballs 3 oz Curry Stew 8 oz Breaded Chicken Patty 1 each Seasoned Spaghetti 1 cup Seasoned Rotini 3/4 cup Buttered Rice 3/4 cup Seasoned Peas 3/4 cup Tomato Gravy 1/3 cup Seasoned Rotini 3/4 cup BBQ Sauce 2 oz Noodles Noodles Seasoned Carrots 3/4 cup Dinner Roll 2 oz Seasoned Spaghetti 3/4 cup Noodles Oven Browned 3/4 cup Seasoned Peas 3/4 cup Seasoned Green 3/4 cup Sweet Cornbread 1/54 cut Margarine Pat 1 each Noodles Seasoned Green 3/4 cup Potatoes Dinner Roll 2 oz Beans Seasoned Carrots 3/4 cup Beans Seasoned Corn 3/4 cup Margarine Pat 1 each Frosted Bar 1/60 cut Biscuit 2 1/54 cut Margarine Pat 1 each Sweet Cornbread 1/54 cut Dinner Roll 2 oz Dinner Roll 2 oz Frosted Bar 1/60 cut Fortified Flavored 1 each Margarine Pat 2 each Margarine Pat 1 each Frosted Bar 1/60 cut Beverage PC Margarine Pat 1 each Margarine Pat 1 each Frosted Bar 1/60 cut Fortified Flavored 1 each g Frosted Bar 1/60 cut Fortified Flavored 1 each Beverage PC Cookie 2 oz Frosted Bar 1/60 cut Beverage PC Fortified Flavored 1 each Fortified Flavored 1 each Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Beverage PC Beverage PC Beverage PC Summit: Corrections Page 1 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 summit: Corrections WA - Kent City Regular Week 2 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Breakfast Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Canned Fruit 1/2 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Coffee Cake 1/54 cut Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint Jelly PC 1 each 1%Milk 1/2 pint Lunch Italian Meat Sauce 1/2 cup Turkey Ham 3 oz Corn Dog 1 each Comida Mexicana 1 cup Sloppy Joes 4 oz Turkey Bologna 3 oz Turkey Ham 3 oz Seasoned Spaghetti 3/4 cup Bread 2 slices Ketchup PC 1 each Seasoned Corn 3/4 cup Hamburger Bun 1 each Bread 2 slices Bread 2 slices Noodles Mayo PC 1 each Boston Baked Beans 3/4 cup Sweet Cornbread 1/54 cut French Fries 3/4 cup Mayo PC 1 each Mayo PC 1 each Seasoned Carrots 3/4 cup Lettuce Salad 3/4 cup Coleslaw 3/4 cup Margarine Pat 1 each Ketchup PC 1 each Potato Salad 3/4 cup Potato Salad 3/4 cup Garlic Bread 1 slice Salad Dressing 1/2 oz Cookie 2 oz Frosted Cake 1/60 cut Ranch Pasta Salad 3/4 Cup Hearty Vegetable 8 oz Hearty Vegetable 8 oz Frosted Bar 1/60 cut Minestrone Soup 8 oz Fortified Flavored 1 each Fortified Flavored 1 each Cookie 2 oz Soup Soup Fortified Flavored 1 each Frosted Bar 1/60 cut Beverage PC Beverage PC Fortified Flavored 1 each Frosted Bar 1/60 cut Frosted Bar 1/60 cut Beverage PC Fortified Flavored 1 each Beverage a PC Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Beverage PC Beverage PC Dinner Meatloaf Patty 4 oz Turkey a la King 8 oz Turkey&Gravy 8 oz Turkey Stew 6 oz Chicken Fried Rice 12 oz Ground Meat 2.67 oz Meatloaf Patty 4 oz Brown Gravy 2 fl oz Seasoned Rotini 3/4 cup Buttered Rice 3/4 cup Seasoned Rotini 3/4 cup Seasoned Cabbage 3/4 cup Flour Tortilla 8" 1 each Seasoned Rotini 3/4 cup Buttered Rice 1 cup Noodles Seasoned Peas 3/4 cup Noodles Dinner Roll 2 oz Cooked Beans 1/2 cup Noodles Seasoned Green 3/4 cup Lettuce Salad 3/4 cup Brown Gravy 2 fl oz Seasoned Peas 3/4 cup Dinner Roll 2 oz Margarine Pat 1 each Salsa 2 fl oz Beans Salad Dressing 1/2 oz Seasoned Mixed 3/4 cup Dinner Roll 2 oz Dinner Roll 2 oz g Dinner Roll 2 oz Margarine Pat 1 each Frosted Bar 1/60 cut Imt.Shredded 1 oz Vegetables Margarine Pat 1 each Margarine Pat 1 each Frosted Bar 1/60 cut Fortified Flavored 1 each Cheddar Cheese Frosted Bar 1/60 cut Fortified Flavored 1 each Margarine Pat 1 each Beverage PC Rice Pilaf 3/4 cup Dinner Roll 2 oz Frosted Bar 1/60 cut Fortified Flavored 1 each Beverage PC Frosted Bar 1/60 cut Seasoned Corn 3/4 cup Margarine Pat 1 each Fortified Flavored 1 each Frosted Bar 1/60 cut Beverage PC Fortified Flavored 1 each Cookie 2 oz Beverage PC Beverage PC Fortified Flavored 1 each g Fortified Flavored 1 each Beverage PC Beverage PC Summit: Corrections Page 2 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 summit: Corrections WA - Kent City Regular Week 3 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Breakfast Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Canned Fruit 1/2 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Coffee Cake 1/54 cut Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint Jelly PC 1 each 1%Milk 1/2 pint Lunch Curry Stew 4 oz Chili Macaroni 12 oz Breaded Chicken Patty 1 each Turkey Bologna 2 oz Kielbasa 1 each Goulash Hungarian 6 oz Turkey Salami 2 oz Seasoned Rotini 3/4 cup Seasoned Corn 3/4 cup Hamburger Bun 1 each Bread 2 slices Hot Dog Bun 1 each Buttered Rice 3/4 cup Cheese Slice Imitation 1 slice Noodles Dinner Roll 2 oz Lettuce Salad 1/4 cup Mayo PC 1 each French Fries 3/4 cup Seasoned Peas 3/4 cup Bread 2 slices Coleslaw 3/4 cup Margarine Pat 1 each Mayo PC 1 each Lettuce Salad 3/4 cup Ketchup PC 2 each Dinner Roll 2 oz Mayo PC 1 each Sweet Cornbread 1/54 cut Frosted Bar 1/60 cut Boston Baked Beans 1 cup Salad Dressing 1/2 oz Ranch Pasta Salad 3/4 Cup Margarine Pat 1 each Potato Salad 3/4 cup Margarine Pat 1 each Fortified Flavored 1 each French Fries 3/4 cup Hearty Vegetable 8 oz Frosted Bar 1/60 cut Cookie 2 oz Hearty Vegetable 8 oz Cookie 2 oz Beverage PC Ketchup PC 1 each Soup Fortified Flavored 1 each Fortified Flavored 1 each Soup Fortified Flavored 1 each Cookie 2 oz Frosted Bar 1/60 cut Beverage PC Beverage PC Frosted Bar 1/60 cut Beverage PC Fortified Flavored 1 each Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Beverage PC Beverage PC Dinner Breaded Chicken Patty 1 each Chicken Spaghetti 12 oz Chili 8 oz Meatballs 3 oz Curry Stew 8 oz Spanish Rice 12 oz Turkey&Noodle 12 oz Poultry Gravy 2floz Lettuce Salad 3/4 cup Buttered Rice 3/4 cup Country Gravy 2 oz Buttered Rice 3/4 cup Casserole Casserole Mashed Potatoes 3/4 cup Salad Dressing 1/2 oz Seasoned Carrots 3/4 cup Mashed Potatoes 3/4 cup Seasoned Mixed 3/4 cup Seasoned Carrots 3/4 cup Seasoned Green 3/4 cup Dinner Roll 2 oz Beans Seasoned Corn 3/4 cup Dinner Roll 2 oz Sweet Cornbread 1/54 cut Seasoned Peas 3/4 cup Vegetables Dinner Roll 2 oz Dinner Roll 2 oz Margarine Pat 1 each Margarine Pat 1 each Dinner Roll 2 oz Dinner Roll 2 oz Margarine Pat 1 each Margarine Pat 1 each Frosted Bar 1/60 cut Margarine Pat 1 each Margarine Pat 1 each Frosted Bar 1/60 cut Frosted Bar 1/60 cut Margarine Pat 1 each Frosted Bar 1/60 cut Frosted Bar 1/60 cut Fortified Flavored 1 each Fortified Flavored 1 each Frosted Bar 1/60 cut Frosted Bar 1/60 cut Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Beverage PC Fortified Flavored 1 each Beverage PC Beverage PC Beverage PC Beverage PC Summit: Corrections Page 3 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 summit: Corrections WA - Kent City Regular Week 4 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Breakfast Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Canned Fruit 1/2 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Coffee Cake 1/54 cut Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint Jelly PC 1 each 1%Milk 1/2 pint Lunch Turkey Stroganoff 4 oz Breaded Chicken Patty 1 each Turkey Salad 3 oz Turkey&Gravy 6 oz Corn Dog 1 each Breaded Chicken Patty 1 each Turkey Ham 3 oz Seasoned Rotini 1 cup Hamburger Bun 1 each Bread 2 slices Seasoned Rotini 3/4 cup Ketchup PC 1 each Teriyaki Sauce 2 oz Bread 2 slices Noodles Mayo PC 1 each Potato Salad 3/4 cup Noodles Boston Baked Beans 1 cup Buttered Rice 3/4 cup Mayo PC 1 each Seasoned Mixed 3/4 cup Chips 1 oz Coleslaw 3/4 cup Seasoned Carrots 3/4 cup Ranch Pasta Salad 3/4 Cup Lettuce Salad 3/4 cup Potato Salad 3/4 cup Vegetables Dinner Roll 2 oz Dinner Roll 2 oz Lettuce Salad 3/4 cup Frosted Bar 1/60 cut Margarine Pt 1 each Frosted Bar 1/60 cut Salad Dressing 1/2 oz Hearty Vegetable 8 oz argar Margarine Pat 1 each Italian Dressing 1/2 oz Fortified Flavored 1 each Fortified Flavored 1 each Dinner Roll 2 oza Sou P M a Beverage PC Cookie 2 oz Beverage PC Frosted Bar 1/60 cut Frosted Bar 1/60 cut Frosted Bar 1/60 cut g g Margarine Pat 1 each Fortified Flavored 1 each Fortified Flavored 1 each Cookie 2 oz Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Beverage PC Beverage PC Beverage PC Fortified Flavored 1 each Beverage PC Dinner Ground Meat 2.67 oz Turkey a la King 6 oz Chicken Fried Rice 12 oz Meatloaf Patty 4 oz Fish Patty 1 each Turkey&Rice 12 oz Macaroni&Cheese 12 oz Flour Tortilla 8" 1 each Seasoned Rotini 3/4 cup Seasoned Peas 3/4 cup Brown Gravy 2 fl oz Tartar Sauce PC 1 each Casserole wT.Ham Cooked Beans 1/2 cup Noodles Dinner Roll 2 oz Mashed Potatoes 3/4 cup French Fries 3/4 cup Coleslaw 3/4 cup Seasoned Green 3/4 cup Seasoned Peas 3/4 cup Biscuit 1/54 cut Beans Salsa 2 fl oz Dinner Roll 2 oz Margarine Pat 1 each Seasoned Cabbage 3/4 cup Ketchup PC 1 each Margarine Pat 1 each Dinner Roll 2 oz Imt.Shredded 1 oz Frosted Bar 1/60 cut Dinner Roll 2 oz Seasoned Corn 3/4 cup Margarine Pat 1 each Cheddar Cheese Margarine Pat 1 each Frosted Bar 1/60 cut Fortified Flavored 1 each Margarine Pat 1 each Dinner Roll 2 oz Frosted Bar 1/60 cut Rice Pilaf 3/4 cup Cookie 2 oz Beverage PC Fortified Flavored 1 each g Frosted Bar 1/60 cut Margarine Pat 1 each Seasoned Corn 3/4 cup Fortified Flavored 1 each Beverage PC Fortified Flavored 1 each Frosted Bar 1/60 cut Beverage PC Fortified Flavored 1 each Frosted Bar 1/60 cut Beverage PC Beverage PC Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Beverage PC Summit: Corrections Page 4 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 summit: Corrections WA - Kent City Regular Week 5 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Breakfast Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Fresh Fruit 1 each Canned Fruit 1/2 cup Canned Fruit 1/2 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Coffee Cake 1/54 cut Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 1 slice Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint Jelly PC 1 each 1%Milk 1/2 pint Lunch Italian Meat Sauce 1/2 cup Charbroil Patty 1 each Goulash Hungarian 6 oz Comida Mexicana 1 cup Turkey Stew 8 oz Turkey Bologna 2.5 oz Turkey Ham 3 oz Seasoned Spaghetti 1 cup Hamburger Bun 1 each Seasoned Rotini 1 cup Lettuce Salad 3/4 cup Boiled Potatoes 1 cup Bread 2 slices Bread 2 slices Noodles Ketchup PC 1 each Noodles Salad Dressing 1/2 oz Seasoned Corn 3/4 cup Mayo PC 1 each Mayonnaise 1/2 oz Lettuce Salad 3/4 cup Mustard PC 1 each Seasoned Carrots 3/4 cup Sweet Cornbread 1/54 cut Dinner Roll 2 oz Ranch Pasta Salad 3/4 Cup Lettuce Salad 3/4 cup Salad Dressing 1/2 oz Dinner Roll 2 oz Lettuce Salad 3/4 cup Margarine Pat 1 each Margarine Pat 1 each Hearty Vegetable 8 oz Salad Dressing 1/2 oz Dinner Roll 2 oz Salad Dressing 1/2 oz Margarine Pat 1 each Frosted Bar 1/60 cut Cookie 2 oz Soup Hearty Vegetable 8 oz Margarine Pat 1 each Boston Baked Beans 1 cup Cookie 2 oz Fortified Flavored 1 each Fortified Flavored 1 each Frosted Bar 1/60 cut Soup Oatmeal Cookie 1 each Cookie 2 oz Fortified Flavored 1 each Beverage PC Beverage PC Fortified Flavored 1 each Frosted Bar 1/60 cut Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Beverage PC Fortified Flavored 1 each Beverage PC Beverage PC Beverage PC Dinner Turkey Chop Suey 8 oz Chicken&Noodle 12 oz Tamale Pie 6 oz Meatloaf Patty 4 oz Turkey&Rice 12 oz Lasagna Casserole 12 oz Meatballs 3 oz Buttered Rice 1 cup Casserole Buttered Rice 1 cup Seasoned Mashed 1 cup Casserole Seasoned Carrots 3/4 cup Seasoned Rotini 1 cup Seasoned Corn 3/4 cup Potatoes Seasoned Peas 3/4 cup Noodles Seasoned Peas 3/4 cup Lettuce Salad 3/4 cup Garlic Bread 1 slice Dinner Roll 2 oz Dinner Roll 2 oz Salad Dressing 1/2 oz Brown Gravy 2 fl oz Dinner Roll 2 oz Frosted Bar 1/60 cut Seasoned Mixed 3/4 cup Margarine Pat 1 each Seasoned Mixed 3/4 cup Margarine Pat 1 each Vegetables Margarine Pat 1 each Frosted Bar 1/60 cut Fortified Flavored 1 each Dinner Roll 2 oz Frosted Bar 1/60 cut Vegetables Frosted Bar 1/60 cut Beverage PC Frosted Bar 1/60 cut Fortified Flavored 1 each Dinner Roll 2 oz g Margarine Pat 1 each Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Fortified Flavored 1 each Beverage PC Margarine Pat 1 each Beverage PC Frosted Bar 1/60 cut Beverage PC Frosted Bar 1/60 cut Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Beverage PC Summit: Corrections Page 5 of 5 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 EXHIBIT B DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 Summit: Corrections WA - Kent City Diabetic Week 1 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Breakfast Fresh Fruit 1 each Fresh Fruit 1 each Fresh Fruit 1 each Fresh Fruit 1 each Fresh Fruit 1 each Fresh Fruit 1 each Fresh Fruit 1 each Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 1/2 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 1 cup Cold Cereal 11/4 cup Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Hard Boiled Egg 1 each Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 2 slices Coffee Cake 1/54 cut Coffee Cake 1/54 cut Coffee Cake 1/54 cut Bread 2 slices Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each Margarine Pat 1 each 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint 1%Milk 1/2 pint Jelly PC 1 each 1%Milk 1/2 pint Lunch Turkey&Noodle 802 Turkey Salad 4 oz Breaded Chicken Patty 1 each Turkey&Gravy 6 oz Kielbasa 1 each T.Ham Mac&Cheese 10 oz Turkey Bologna 3 oz Casserole Bread 1 slice Hamburger Bun 1 each Baked Turkey 2 oz Hot Dog Bun 1 each Baked T.Ham 2 oz Cheese Slice Imitation 1 slice Seasoned Carrots 1/2 cup Italian Pasta Salad 1/2 cup Paprika Potatoes 1/3 cup Mashed Potatoes 1/2 cup Seasoned Beans 2/3 cup Seasoned Carrots 1/2 cup Bread 2 slices Dinner Roll 1 oz Navy Bean Soup 4 oz Lettuce Salad 3/4 cup Seasoned Corn 1/2 cup Potato Salad 1/3 cup Dinner Roll 1 oz Mayo PC 1 each Margarine Pat 1 each Canned Fruit 1/2 cup Salad Dressing 1/2 oz Dinner Roll 1 oz Canned Fruit 1/2 cup Margarine Pat 1 each Italian Pasta Salad 3/4 cup Canned Fruit 1/2 cup 1%Milk 1/2 pint Canned Fruit 1/2 cup Margarine Pat 1 each Fortified Flavored 1 each Canned Fruit 1/2 cup Hearty Vegetable 8 oz 1%Milk 1/2 pint 1%Milk 1/2 pint Canned Fruit 1/3 cup Beverage PC Fortified Flavored 1 each Soup 1%Milk 1/2 pint Beverage PC Canned Fruit 1/2 cup Fortified Flavored 1 each Beverage PC___----, Dinner Italian Meat Sauce 3/4 cup Turkey Stew 8 oz Chili 6 oz Turkey Tetrazzini 8 oz Meatballs 3 oz Curry Stew 8 oz Breaded Chicken Patty 1 each Ground Meat 2 oz Seasoned Rotini 1/2 cup Ground Meat 2 oz Seasoned Peas 1/2 cup Tomato Gravy 1/3 cup Seasoned Rotini 1/2 cup BBQ Sauce 1/2 oz Noodles Noodles Oven Browned 1 3 cu Spaghetti Noodles 1/2 cup Buttered Rice 1/2 cup Dinner Roll 1 oz Seasoned Spaghetti 1/2 cup / p Seasoned Green 1/2 cup Noodles Seasoned Green 2/3 cup Potatoes Seasoned Peas 2/3 cup Seasoned Carrots 1/2 cup Margarine Pat 1 each Beans Beans Seasoned Carrots 2/3 cup Seasoned Corn 1/2 cup Dinner Roll 1 oz Sweet Cornbread 1/2 1/54 Canned Fruit 3/4 cup Dinner Roll 1 oz Biscuit 1/54 cut Sweet Cornbread 1/2 1/54 Dinner Roll 1 oz Margarine Pat 1 each Margarine Pat 2 each cut Fortified Flavored 1 each cut Margarine Pat 1 each Margarine Pat 1 each Canned Fruit 1/3 cup Margarine Pat 1 each Beverage PC Canned Fruit 1/2 cupCanned Fruit 1/2 cup Fortified Flavored 1 each Canned Fruit 1/2 cup Fortified Flavored 1 each Fortified Flavored 1 each Canned Fruit 1/2 cup Fortified Flavored 1 each Beverage PC Beverage PC Fortified Flavored 1 each Fortified Flavored 1 each Beverage PC Beverage PC Beverage PC Beverage PC Summit: Corrections DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 EXHIBIT C DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 50% TVP Menu Choice Population Current Price CPI% Amount New Price Under 25 TBN 25-29 $5.0080 25.00% $1.2520 $6.2600 30-34 $4.3110 25.00% $1.0778 $5.3888 35-39 $3.8130 25.00% $0.9533 $4.7663 40-44 $3.4400 25.00% $0.8600 $4.3000 45-49 $3.1490 25.00% $0.7873 $3.9363 50-54 $2.9170 25.00% $0.7293 $3.6463 55-59 $2.7270 25.00% $0.6818 $3.4088 60-64 $2.5680 25.00% $0.6420 $3.2100 65-69 $2.4340 25.00% $0.6085 $3.0425 70-74 $2.3200 25.00% $0.5800 $2.9000 75-79 $2.2200 25.00% $0.5550 $2.7750 80-84 $2.1320 25.00% $0.5330 $2.6650 85-89 $2.0540 25.00% $0.5135 $2.5675 90-94 $1.9880 25.00% $0.4970 $2.4850 95-99 $1.9270 25.00% $0.4818 $2.4088 100-104 $1.8720 25.00% $0.4680 $2.3400 105-109 $1.8220 25.00% $0.4555 $2.2775 110-114 $1.7770 25.00% $0.4443 $2.2213 115-119 $1.7360 25.00% $0.4340 $2.1700 120-124 $1.6980 25.00% $0.4245 $2.1225 125-129 $1.6330 25.00% $0.4083 $2.0413 130-134 $1.6310 25.00% $0.4078 $2.0388 135-139 $1.6030 25.00% $0.4008 $2.0038 140-144 $1.5740 25.00% $0.3935 $1.9675 145-149 $1.5480 25.00% $0.3870 $1.9350 150-154 $1.5240 25.00% $0.3810 $1.9050 155-159 $1.5010 25.00% $0.3753 $1.8763 160+ $1.4800 25.00% $0.3700 $1.8500 Religious meal $2.2200 25.00% $0.5550 $2.7750 Staff Meals $2.2200 25.00% $0.5550 $2.7750 DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 EXHIBIT D DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1 D42167 S 1 U M M I T Agreement of Meal Pricing Increases for C3308 Kent City Corrections Contract Beginning Feb. 12023 Oct. 1, 2023- CPI increase of up to 8% Oct. 1, 2024 and each year after on this calendar date- Increase according to contract language in regard to CPI-FAH or market basket of Products. Client will be notified of both possible rates, CPI-FAH and Market Basket of Products 60 days prior to the October 1 rate change. DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 EXHIBIT E DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 Client Name c3308 Kent City corrections Month Override 9 Date 9/30/2022 Number of Items having$0 cost (should be zero) 3 c3308 Kent City corrections Market Basket Price Redetermination Statement As of 9/30/2022 Menu Category Weighted Category Weighting CPI % CPI% Cereals/Bakery products 0.5% 16.2% 0.1% Meats, poultry,fish, and eggs 17.3% 9.0% 1.6% Dairy and related products 0.3% 15.9% 0.0% Fruits and vegetables 7.2% 10.4% 0.7% Beverages 0.4% 12.9% 0.1% Grocery/Other 74.3% 15.7% 11.7% Total 100.0% 14.1% CPI Food Away from Home Index 8.5% Greater of Market Basket or FAFH Index 14.1% DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 EXHIBIT F DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 EXHIBIT F INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 EXHIBIT F (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. DocuSign Envelope ID:4AF28189-E02A-4B52-9EE9-8618B1D42167 CERTIFICATE OF LIABILITY INSURANCE 08/31/2022' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-612-333-3323 CONTACT NAME: Dawn Heinemann or Angela Whirley Brown & Brown Inc. PHONE FAX A/C No Ext: 612-333-3323 A/C No: 612-373-7270 E-MAIL eliorcerts@bbrown.com 80 South 8th Street ADDRESS: Suite 700 INSURER(S)AFFORDING COVERAGE NAIC# Minneapolis, MN 55402 INSURERA: SENTRY INS CO 24988 INSURED INSURERB: SENTRY CAS CO 28460 Elior, Inc DBA Elior North America INSURERC: Summit Food Service, LLC 300 S. Tryon Street, Suite 400 INSURERD: INSURER E Charlotte, NC 28202 INSURERF: COVERAGES CERTIFICATE NUMBER: 66463276 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 9018840005 09/01/22 09/01/23 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR PREM SESOEa oNcur ence $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY❑ PRO- X❑ JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY 9018840004 (MA) 09/01/22 09/01/23 COMBINED SINGLE LIMIT $ Ea accident 3,000,000 A X ANY AUTO 9018840006 (VA) 09/01/22 09/01/23 BODILY INJURY(Per person) $ A OWNED SCHEDULED 9018840003 (AOS) 09/01/22 09/01/23 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 9018840001 (AOS) 09/01/22 09/01/23 X STATUTE ER H AND EMPLOYERS'LIABILITY YIN B ANYPROPRIETOR/PARTNER/EXECUTIVE N/A 9018840002 (OR, WI) 09/01/22 09/01/23 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? IN I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured as respects general liability policy where required by written contract subject to the policy terms and conditions. Summit Food Service, LLC operating at 500 E 52nd Street N. , Sioux Falls, SD 57104. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Kent Corrections THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1230 Central Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98031 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ddebuhr 66463276