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HomeMy WebLinkAbout06/07/2011 23 Harman Center Site Use Agreement with People for People BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT III Item No. 2-3 For Meeting of: June 7, 2011 ITEM TITLE: A Resolution authorizing execution of The Harman Center Site Use Agreement with People for People to provide food service operations for participants at the Harman Center SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575 -6020 SUMMARY EXPLANATION: Starting July 1, 2011, People for People will operate the Senior Nutrition Program to provide food and nutrition services to eligible older adults at the Harman Center through the Daybreak Adult Day Services Program. The purpose of this agreement is to utilize The Harman Center's kitchen and dining room facilities to prepare and serve the meals to Daybreak Adult Day Services participants at the Harman Center. The Daybreak Adult Day Services is a program that the City sponsors at the Harman Center. People for People is a non - profit organization. The goal of the program is to promote optimal 0 health, quality of diet and socialization opportunities for older Americans. Resolution X Ordinance_ Contract X Other (Specify) Agreement Mail to: Madelyn Carlson, PFP, 304 West Lincoln Ave., Yakima, 98902 (509)248 -6726 Funding Source: Older Americans Act grant APPROVED FOR SUBMITTAL: ��b - City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing execution of The Harman Center site Use Agreement between the City of Yakima and People for People to provide food service operations at The Harman Center. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: RESOLUTION NO. R -2011- r A RESOLUTION authorizing the City Manager and City Clerk to execute The Harman Center Site Use Agreement between the City of Yakima and People for People to provide food service operations at the Harman Center. WHEREAS, the City of Yakima desires that a Food Services Program be available for its older citizens at the Harman Center; and WHEREAS, People for People has the experience, expertise and willingness to continue to provide a food services program for older citizens in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Harman Center Site Use Agreement with People for People in accordance with the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Harman Center Site Use Agreement" between the City of Yakima and People for People," to continue the food services program at the Harman Center. ADOPTED BY THE CITY COUNCIL this of June 2011. . Mayor ATTEST: City Clerk • Resolution Site Use 2011 HARMAN CENTER SITE USE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima (hereinafter the "City "), and People for People. WHEREAS, People for People provides food and nutrition services to senior citizens, and WHEREAS, People for People desires to provide these services at the Harman Center, 101 North 65 Avenue, Yakima, WA 98907, in accordance with the terms and conditions of this Agreement. . NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein it is agreed by and between the City and People for People as follows: - 1. Food Services. People for People shall provide food services to senior citizens at the Harman Center generally between 10:00 a.m. to 2:00 p.m., Monday, Tuesday, Thursday and Friday. People for People shall utilize the dining room, kitchen facilities and equipment, dishes, utensils and glassware at the Harman Center for these purposes. People for People shall request permission in advance to use the said facilities and equipment in the event such use is needed outside the said time period. After each use, People for People shall leave the kitchen, kitchen facilities /equipment, dishes, glassware, and utensils in a clean and orderly condition.. The City shall notify People for People at least three (3) business days in advance if use of the 0 Senior Citizen Center space and facilities for other purposes is going to pre -empt People for People's food service operation at the Center. Additionally, the City will try to schedule outside speakers and activities at the Center in a manner that will not unduly interfere with People for People's food service operations at the Center. The City shall be responsible for maintaining the kitchen facilities and associated equipment. 2. Consideration. As consideration for the food services provided pursuant to this Agreement, the City agrees that it will forego any fees to People for People for use of the Harman Center for such operation. People for People shall provide the City with an «in- kind" receipt on a quarterly basis for use. 3. Term of Agreement. The term of this Agreement shall commence on July 1, 2011 and shall continue until terminated by either party in accordance with Section 16 of this Agreement. 4. Independent Contractor. People for People and the City understand and expressly agree that People for People is an independent contractor, and none of People for People's employees shall be considered an employee of the City. People for People and People for People's employees shall make no claim of City employment or claim any related employment benefits from the City, including but not limited to, medical benefits, social security, and retirement benefits. 5. Taxes and Assessments. People for People shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for • unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. Page 1 of 4 6. Insurance. People for People understands and acknowledges that the City maintains comprehensive liability insurance for its benefit, and further, that such insurance does not provide any coverage for the benefit of People for People, including its officials, officers, agents, and employees. People for People shall maintain a policy of comprehensive liability insurance with combined single limit coverage of at least $5,000,000 for the duration of this Agreement. People for People shall provide the City with a certificate of insurance or insurance binder evidencing that said insurance is in effect. People for People is required, to provide 30 day notice of cancellation of such insurance and provide proof of continued coverage. 7. Nondiscrimination. With regard to the provision of food services under this Agreement, People for People shall not illegally discriminate against any person on the grounds of race, creed, color, religion, national origin, political affiliation, sex, marital status, age, or the presence of any sensory, mental, or physical handicap. 8. The Americans With Disabilities Act. People for People agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et. Seq. (ADA), and its implementing regulations, and its state counterpart contained in RCW Chapter 49.60 and its implementing regulations. The ADA and RCW Chapter 49.60 provide comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 9. Compliance With Law. People for People agrees to perform the services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 10. Indemnification and Hold Harmless. a. People for People agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of People for People, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non - performance of People for People's services, duties and obligations under this Agreement. b. The City agrees to hold harmless, indemnify, and defend People for People, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of the City, its elected officials, officers, employees, and agents in connection with or incidental to . the performance or non - performance of the City's services, duties and obligations under this Agreement. 0 c. In the event that the officials, officers, agents, and /or employees of both People for People and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). d. Nothing contained in this Section or this Agreement shall be construed to create a right of indemnification in any third party. e. This Paragraph 10 shall survive the termination of this Agreement. Page2of4 ® 11. Delegation of Professional Services. The services provided for herein shall be performed by People for People, and no other persons other than regular associates or employees of People for People shall be engaged upon such work or services except upon written approval of City. . 12. Assignment This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by People for People to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of People for People as stated herein. 13. Waiver of Breach. The waiver by People for People or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 14. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid; the remainder of the Agreement shall remain in full force and effect. 15. Integration. This Agreement sets forth all the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall 0 be effective unless reduced to writing and executed by the parties. 16. Termination: Either party may terminate this Agreement, with or without cause, by giving the other party ninety days advance written notice of termination. 17. Notices. Unless stated otherwise herein, all 'notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: Ken Wilkinson Parks & Recreation Manager City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575 -6020 TO PEOPLE FOR PEOPLE: Madelyn Carlson Chief Executive Officer People for People 304 West Lincoln Yakima, WA 98902 (509) 248 -6726 Notices and /or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective at the time mailed or hand III delivered at the address specified above. Each party shall provide written notification within 15 calendar days of change of address. Page 3 of 4 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. Venue. The venue for any action to enforce or interpret this Agreement Y rp g ent shall lie in the Superior Court of Washington for Yakima County, Washington. 20. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City Manager and People for People Commissioners below shall constitute a presumption that such approval was properly obtained. CITY OF YAKIMA PEOPLE FOR PEOPLE By: R. A. Zais, Jr. City Manager Madelyn Carlson, CEO Date: Date: Attest: - Attest: - Deborah Kloster, City Clerk Nancy Whalen, Financial Specialist City Contract No. Resolution No. Page4of4