HomeMy WebLinkAboutContractAGREEMENT FOR RENTON TECHNICAL COLLEGE
CATERING SERVICES
THIS AGREEMENT, dated for reference purposes only as April 13, 2026, is by and between
the City of Renton (the “City”), a Washington municipal corporation, and Renton Technical
College (“Vendor”), a Washington association. The City and the Vendor are referred to
collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this
Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Vendor agrees to provide food and beverage catering services for
three (or more) luncheon events for seniors to be held at the Renton Community
Center as specified in Exhibit A, which is attached and incorporated herein and may
hereinafter be referred to as the “Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such
changes to the Work shall be ordered by the City in writing and the Compensation
shall be equitably adjusted consistent with the rates set forth in Exhibit A or as
otherwise mutually agreed by the Parties.
3. Time of Performance:Vendor shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no
later than October 16, 2026.
4. Compensation:
A. Amount. Total compensation to Vendor for Work provided pursuant to this
Agreement shall not exceed $15,000.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed
according to the rate(s) or amounts specified in Exhibit A. The Vendoragrees that
any hourly or flat rate charged by it for its Work shall remain locked at the
negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A.
Except as specifically provided herein, the Vendor shall be solely responsible for
payment of any taxes imposed as a result of the performance and payment of this
Agreement.
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B. Method of Payment.
The City agrees to pay, within 30 days of each eventand upon receipt of an invoice
from Vendor, a deposit of up to 50% of the cost of each event as set forth in Exhibit
A.
Within one month of the completion of each event described in Exhibit A, the
Vendorshall submit a voucher or invoice in aform specified by the City, including
a description of what Work has been performed, the name of the personnel
performing such Work, and any hourly labor charge rate for such personnel.
VendorPayment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of
the voucher or invoice. If the Vendor’s performance does not meet the
requirements of this Agreement, the Vendor will correct or modify its
performance to comply with the Agreement. The City may withhold payment for
work that does not meet the requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver
by the City of any remedies it may have against the Vendorfor failure of the Vendor
to perform the Work or for any breach of this Agreement by the Vendor.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated
for payment under this Agreement for any future fiscal period, the City shall not
be obligated to make payments for Workor amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of
all remaining Work for which funds are allocated. No penalty or expense shall
accrue to the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten(10) calendar days’ notice to the Vendorin writing. In the event
of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Vendor pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Work.
B. In the event this Agreement is terminated by the City, the Vendorshall be entitled
to payment for all hours worked and goods delivered to the City to the effective
date of termination, less all payments previously made. If the Agreement is
terminated by the City after partial performance of Work for which the agreed
compensation is a fixed fee, the City shall pay the Vendor an equitable share of
the fixed fee. Any prepayment from the City to Vendor shall be refunded less
payment for goods and services provided to the effective date of termination.
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Payment for goods and services under this provision shall be conditioned upon
receipt of an invoice or voucher as described in Section 4 above. This provision
shall not prevent the City from seeking any legal remedies it may have for the
violation or nonperformance of any of the provisions of this Agreement and such
charges due to the City shall be deducted from the final payment due the Vendor.
No payment shall be made by the City for any expenses incurred or work done
following the effective date of termination unless authorized in advance in writing
by the City.
6. Warranties And Right To Use Work Product: Vendor represents and warrants that
Vendor will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional
standards and laws. Compliance with professional standards includes, as
applicable, performing the Work in compliance with applicable City standards or
guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal
Construction). Professional engineers shall certify engineering plans, specifications,
plats, and reports, as applicable, pursuant to RCW 18.43.070. Vendor further
represents and warrants that all final work product created for and delivered to the
City pursuant to this Agreement shall be the original work of the Vendorand free from
any intellectual property encumbrance which would restrict the City from using the
work product. Vendor grants to the City a non-exclusive, perpetual right and license
to use, reproduce, distribute, adapt, modify, and display all final work product
produced pursuant to this Agreement. The City’s or other’s adaptation, modification
or use of the final work products other than for the purposes of this Agreement shall
be without liability to the Vendor. The provisions of this section shall survive the
expiration or termination of this Agreement.
7. Record Maintenance: The Vendor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be
required by applicable Washington State records retention laws, but in any event no
less than six years after the termination of this Agreement. The Vendor agrees to
provide access to and copies of any records related to this Agreement as required by
the City to audit expenditures and charges and/or to comply with the Washington
State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall
survive the expiration or termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to
comply with the Washington State Public Records Act, Vendor shall make a due
diligent search of all records in its possession or control relating to this Agreement
and the Work, including, but not limited to, e-mail, correspondence, notes, saved
telephone messages, recordings, photos, or drawings and provide them to the City
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for production. In the event Vendor believes said records need to be protected from
disclosure, it may, at Vendor’s own expense, seek judicial protection. Vendor shall
indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Vendor has responsive records and for which Vendor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Vendor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court
order.The provisions of this section shall survive the expiration or termination of this
Agreement.
9. Independent Contractor Relationship:
A. The Vendoris retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Vendorand the City
during the period of the Work shall be that of an independent contractor, not
employee. The Vendor, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation,
the Vendor shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling
of attendance or performance is mutually arranged due to the nature of the Work.
Vendor shall retain the right to designate the means of performing the Work
covered by this agreement, and the Vendor shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Vendor is to be paid by it
alone, and that employing such workers, it is acting individually and not as an
agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Vendor
or any employee of the Vendor.
C. If the Vendoris a sole proprietorship or if this Agreement is with an individual, the
Vendor agrees to notify the City and complete any required form if the Vendor
retired under a State of Washington retirement system and agrees to indemnify
any losses the City may sustain through the Vendor’s failure to do so.
10. Hold Harmless: The Vendor agrees to release, indemnify, defend, and hold
harmless the City, elected officials, employees, officers, representatives, and
volunteers from any and all claims, demands, actions, suits, causes of action,
arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’
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fees, costs, and/or litigation expenses to or by any and all persons or entities, arising
from, resulting from, or related to the negligent acts, errors or omissions of the
Vendorin its performance of this Agreementor a breach of this Agreement by Vendor,
except for that portion of the claims caused by the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence
relative to construction, alteration, improvement, etc., of structure or improvement
attached to real estate…) then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Vendor and the City, its officers, officials, employees
and volunteers, Vendor’s liability shall be only to the extent of Vendor’s negligence.
It is further specifically and expressly understood that the indemnification provided
in this Agreement constitute Vendor’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The
Parties have mutually negotiated and agreed to this waiver. The provisions of this
section shall survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure
compliance with the City’s Code of Ethics and state law, the Vendor shall not give a
gift of any kind to City employees or officials.Vendoralso confirms that Vendordoes
not have a business interest or a close family relationship with any City officer or
employee who was, is, or will be involved in selecting the Vendor, negotiating or
administering this Agreement, or evaluating the Vendor’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Vendor shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Vendorshall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000
for each occurrence/$2,000,000 aggregate for the Term of this Agreement.
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B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors
and Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean
any Workprovided by a licensed professional or Workthat requiresa professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence
combined single limit, if there will be any use of Vendor’s vehicles on the City’s
Premises by or on behalf of the City, beyond normal commutes.
E. Vendor shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies
shall not be a source for payment of any Vendor liability, nor shall the
maintenance of any insurance required by this Agreement be construed to limit
the liability of Vendor to the coverage provided by such insurance or otherwise
limit the City’s recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing
the proper endorsements, shall be delivered to the City before performing the
Work.
G. Vendorshallprovide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Vendoris not responsible for delays caused by factors beyond the Vendor’s
reasonable control. When such delays beyond the Vendor’s reasonable control
occur, the City agrees the Vendor is not responsible for damages, nor shall the
Vendorbe deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Vendor shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to
the appropriate party at the address which appears below (as modified in writing
from time to time by such party), and given personally, by registered or certified mail,
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return receipt requested, by facsimile or by nationally recognized overnight courier
service. Time period for notices shall be deemed to have commenced upon the date
of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first
business day following transmission.Email and telephone may be used for purposes
of administering the Agreement, but should not be used to give any formal notice
required by the Agreement.
CITY OF RENTON
Sonja Mejlaender
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6514
smejlaender@rentonwa.gov
VENDOR
Nona May
3000NE 4th Street
Renton, WA 98056
Phone: (425) 235-5760
nmay@RTC.edu
17. Discrimination Prohibited: Except to the extent permitted by a bona fide
occupational qualification, the Vendoragrees as follows:
A. Vendor, and Vendor’s agents, employees, representatives, and volunteers with
regard to the Workperformed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona
fide occupational qualification in relationship to hiring and employment, in
employment or application for employment, the administration of the delivery of
Work or any other benefits under this Agreement, or procurement of materials or
supplies.
B. The Vendorwill take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or
mental handicaps, or marital status. Such action shall include, but not be limited
to the following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training.
C. If the Vendor fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
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D. The Vendoris responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's
compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply
with City of Renton Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Vendor.
B. Vendor will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Vendor shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Vendor to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Vendor employs, sub-contracts, or otherwise assigns the responsibility to
perform the Work, said employee/sub-contractor/assignee will acquire and or
maintain such training, licensing, or certification.
E. This is a non-exclusive agreement and Vendor is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision
of Work called for in this Agreement.
F. Vendor is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Vendor is responsible for his/her own Worker’s Compensation coverage as well
as that for any persons employed by the Vendor.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Vendor represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Vendor.
B. General Administration and Management. The City’s project manager is Sonja
Mejlaender. In providing Work, Vendor shall coordinate with the City’s project
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
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D. Conflicts.In the event of any inconsistencies between Vendorproposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments
to this Agreement are incorporated by reference only to the extent of the purpose
for which they are referenced within this Agreement. To the extent a Vendor
prepared exhibit conflicts with the terms in the body of this Agreement or
contains terms that are extraneous to the purpose for which it is referenced, the
terms in the body of this Agreement shall prevail and the extraneous terms shall
not be incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City
of Renton. Vendor and all of the Vendor’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or
successor. Vendor hereby expressly consents to the personal and exclusive
jurisdiction and venue of such court even if Vendor is a foreign corporation not
registered with the State of Washington.
H. Severability.A court of competent jurisdiction’s determination that any provision
or part of this Agreement is illegal or unenforceable shall not cancel or invalidate
the remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates
set forth in the description of the Work is essential to the Vendor’s performance
of this Agreement.
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K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors,
assigns, and legal representatives to the other party to this Agreement, and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party’s failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either the City or Vendor from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the
date last signed by the Parties below.
CITY OF RENTON
By:_____________________________
VENDOR
By:____________________________
Maryjane Van Cleave,
Administrator
Parks and Recreation Department
Nona May
Catering and Events Manager
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
By: __________________________
Blythe Phillips
Assistant City Attorney
nona may
04/21/2026
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Approved by Blythe Phillips via email 4/20/2026
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EXHIBIT A
Ex. A pg. 1
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EXHIBIT A
Ex. A pg. 2
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EXHIBIT A
Ex. A pg. 3
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EXHIBIT A
Ex. A pg. 4
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