The URL can be used to link to this page

Home My WebLink AboutR-2005-014 Yakima County Department of Food Services AgreementRESOLUTION NO. R-2005- 14 A RESOLUTION authorizing the City Manager and City Clerk to execute The Harman Center Site Use Agreement between the City of Yakima and Yakima County Department of Food Services 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, Yakima County Department of Food Services 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 Yakima County Department of Food Services 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 and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated "Harman Center Site Use Agreement" between the City of Yakima and Yakima County Department of Food Services," to continue the food services program at the Harman Center. ADOPTED BY THE CITY COUNCIL this 18th of January 2005. ATTEST: ci<i)a P. George, Mayor ,r2B-04-t-k City Clerk \\Isnt\Users \mskovald\Melynn's Old Files \ PUBLIC -WORKS \Parks---Recreation\MAIN-FOLDER \Senior Center\2005 Harman Center\Resolution Site Use.rtf HARMAN CENTER SITE USE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima (hereinafter the "City"), and Yakima County (hereinafter the "County"). WHEREAS, the Yakima County Department of Food Services has provided food and nutrition services to senior citizens at the YAKIMA SENIOR CENTER for many years. WHEREAS, the Yakima County Department of Food Services desires to continue to provide these services at the new HARMAN CENTER 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 the County as follows: 1. Food Services. The County shall provide food services to the HARMAN CENTER generally between 10:00 a.m. to 2:00 p.m., Monday through Friday. The County shall utilize the dining room, kitchen facilities and equipment, dishes, utensils and glassware at the Harman Center for these purposes. The County 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, the County shall leave the dining room, kitchen, kitchen facilities/equipment, dishes, glassware, and utensils in a clean and orderly condition. The City shall notify the County at least three (3) days in advance if use of the Harman Center space and facilities for other purposes is going to pre-empt the County'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 the County's food service operations at the Center. 2. Consideration. As consideration for the food services provided pursuant to this Agreement, the City agrees that it will forego any fees to the County for use of the Harman Center for such operation. 3. Term of Agreement. The term of this Agreement shall commence on and be retroactive to May 10, 2004 and shall continue until sooner terminated by either party in accordance with Section 16 of this Agreement. Page 1 of 6 4. Independent Contractor. The County and the City understand and expressly agree that the County is an independent contractor, and none of the County's employees shall be considered an employee of the City. The County and the County'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. The County 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. 6. Nondiscrimination. With regard to the provision of food services under this Agreement, the County 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. 7. The Americans With Disabilities Act. The County 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. 8. Compliance With Law. The County 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. 9. No Insurance. It is understood the City does -not maintain liability insurance for the County, its officials, officers, agents, and employees. 10. Indemnification and Hold Harmless. a. The County 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 Page 2 of 6 the County, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the County's services, duties and obligations under this Agreement. b. The City agrees to hold harmless, indemnify, and defend the County, 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. c. In the event that the officials, officers, agents, and/or employees of both the County 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. 11. Delegation of Professional Services. The services provided for herein shall be performed by the County, and no other persons other than regular associates or employees of the County 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 the County 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 the County as stated herein. 13. Waiver of Breach. The waiver by County 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. Page 3 of 6 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 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 fifteen (15) 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: TO COUNTY: Denise Nichols Parks & Recreation Manager City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575-6020 Jerry Baldoz Director Department of Food Services 1711 Englewood Avenue Yakima, WA 98902 (509) 574-2200 or to such other addresses as the parties may hereafter designate in writing. 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 delivered at the address specified above. 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 shall lie in the Superior Court of Washington for Yakima County, Washington. Page 4 of 6 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 the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. Page 5 of 6 CITY OF YAKIMA By: R. A. Zais Jr. i Manager anager Date: -J � )5„ 005' Attest: Karen Roberts, City Clerk City Contract No. x00,3 =- Resolution No. ReD- / BOARD OF YAKIMA COUNTY COMMISSIONERS Ronald F. Gamache, Chairman Excused Jesse S. Palacios, Commissioner Michael D. Leita, Commissioner Constituting the Board of County Commissioners For Yakima County, Washington Attest: eputy Clerk of 1 Sandra J. Acosta Deputy Clerk of the Board Page 1 of 1 Board ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1-7 For Meeting of: January 18, 2005 A Resolution Authorizing the Harman Center Site Use Agreement with Yakima County Department of Food Services SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests City Council consideration of a resolution authorizing the execution of the Harman Center Site Use Agreement with Yakima County to provide a nutritional food services program for older adults at the Harman Center. A food services program has been provided at the Senior Center for many years, and if approved by the City Council, the food services program would continue at the Harman Center. Resolution X Ordinance Contract X Other (Specify) Harman Center Site Use Agreement Mail to : Jerry Baldoz, Director, Yakima County Department of Food Services, 1711 Englewood Avenue, Yakima, WA 98902 Funding Source: N/A // APPROVED FOR SUBMITTAL : ;, - ;; 'Aik City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council to adopt the resolution authorizing execution of the Harman Center Site Use Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2005-14