HomeMy WebLinkAboutR-2006-157 Yakima County Department of Food ServicesRESOLUTION NO. R-2006-157
A RESOLUTION authorizing the City Manager and City Clerk to execute
Senior Nutrition Agreement between Yakima County
Department of Food Services and the City of Yakima to
provide food and nutrition services to eligible older citizens
participating in the Daybreak Adult Day Services program
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 Senior Nutrition 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 CIT Y OF
YAKIMA:
The City Manager and City Clerk of the City -of Yakima are hereby
authorized and directed to execute the attached and incorporated "Senior
Nutrition Agreement" between Yakima County Department of Food Services
and the City of Yakima, to provide food and nutrition services to eligible older
citizens participating in the Daybreak Adult Day Services program at the
Harman Center.
ADOPTED BY THE CITY COUNCIL this 7th of November 2006.
ATTEST:
Resolution Senior Nutrition Agrmt2006.rtf
avid Edler, Mayor
SENIOR NUTRITION AGREEMENT
Between
Yakima County Department of Food Services
and
City of Yakima, Harman Senior Center
THIS AGREEMENT is made and entered into by and between Yakima County
Department of Food Services (hereinafter the "County") and the City of Yakima as sponsoring
agency for DAYBREAK Adult Day Services, (hereinafter the "Nutrition Site") whose address
101 North 65th Avenue, Yakima, WA 98908.
WHEREAS, the Yakima County Department of Food Services desires to provide food
and nutrition services to eligible senior citizens at the Daybreak Adult Day Services 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 County and the City:
TERMS AND CONDITIONS
1. Meal Orders:
The County shall provide meals to senior citizens at the Nutrition Site that meet the nutrition
standards as set forth by The Older American Act, Older American Nutrition Program.
Congregate meals will be delivered no later than 12 noon according to the agreed upon meal
order. Daily meal orders shall be placed with the County's Senior Nutrition Central Office
no later than 4:00 p.m. one business day prior to the day in which the meal will be served.
2. Request For Meal Order Changes:
A request for adjustments in a particular day's meal order shall be made directly with the
County's Senior Nutrition Central Office. The County reserves the right to decline a request
for changes in meal orders if sufficient notice is not given for adjustments to be made in meal
preparation and purchasing. The County shall supply frozen meals for the Nutrition Site to
utilize in the event of a last minute attendee for lunch.
3. Cost Per Meal:
The Nutrition Site agrees to compensate the County for each meal delivered. The rate per
meal shall be based on the cost per meal and will be determined annually. Notification of
any change in the rate for the following year will be provided in writing not later than
November 30th of the preceding year. Rate changes will become effective on December 152
of each year. The current cost per meal for the calendar year January 1 through December
31, 2006 shall be $5.35 per meal. The County shall bill monthly for meals delivered.
Payment will be due and payable by the Nutrition site monthly, upon receipt of a billing from
the County.
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4. Holiday/Bad Weather Closures:
No meals will be provided/served on days that the County is closed due to hazardous weather
conditions or other conditions not within the County's control or holidays as designated by
Yakima County Department of Food Services. The Nutrition Site will be notified of closures
as soon as possible and be given a schedule of holiday closures.
5. Safety Requirements:
It will be the Nutrition Site's responsibility to comply with all applicable state and local
health, fire and sanitation laws, ordinances, or codes, and shall provide the County copies of
such reports and/or permits to document compliance with the following:
a. Annual Fire and Safety Inspection Reports
b. Food Service Establishment Permits
c. Food and Beverage Service Handler's Permits
6. Right of Inspection:
The Nutrition Site shall provide the County, the Washington State Department of Social and
Health Services, Southeast Area Agency on Aging, or any other authorized agency or official
of the State of Washington or the Federal Government, right of access to its facilities at all
reasonable times in order to monitor and evaluate performance compliance and/or quality
assurance under this agreement.
7. Nondiscrimination:
The Nutrition Site shall not discriminate against any person. The Nutrition Site shall not:
a. Deny any qualified individual nutrition services or other benefits provided under this
agreement.
b. Subject any individual to segregation or separate treatment in any manner of receipt of
any services or benefits.
c. Deny any qualified individual an opportunity to participate in any program or afford an
opportunity, which is different from that, afforded others.
d. Provide any services or other benefits to any individual, which are different or are
provided in a manner different from that provided to others under this agreement.
8. 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.
9. 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.
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No Insurance.
It is understood the County does not maintain liability insurance for Nutrition Site, its
officials, officers, agents, and employees.
10. Indemnification and Hold Harmless.
A. The County agrees to hold harmless, indemnify, and defend Nutrition Site, 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 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 Nutrition Site 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 Nutrition Site,
its elected officials, officers, employees, and agents in connection with or incidental to
the performance or non-performance of the Nutrition Site'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
Nutrition Site 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 Nutrition Site.
12. 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.
13. Independent Contractor.
The County and the Nutrition Site understand and expressly agree that the Nutrition Site is an
independent contractor, and none of the Nutrition Site's employees shall be considered an
employee of the County. The Nutrition site and its employees shall make no claim of County
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employment or claim any employment benefits from the County, including but not limited to,
medical benefits, social security, and retirement benefits.
14. Duration/Amendment:
This agreement shall commence on and be retroactive to January 1, 2006 and shall remain in
effect until modified by mutual written consent or terminated in writing by either party in
accordance with Section 20 of this Agreement.
15. Assignment:
This Agreement, or any interest herein, or claim hereunder, shall not be assigned or
transferred in whole or in part by the Nutrition Site to any other person or entity without the
prior written consent of the County. 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 Nutrition site as stated herein.
16. Waiver of Breach:
The waiver by County or the Nutrition Site 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.
17. 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.
18. 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 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.
19. Termination:
Either party may terminate this Agreement, with or without cause, by giving the other party
ninety days advance written notice of termination.
20. 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:
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Denise Nichols
Parks & Recreation Manager
City of Yakima Parks & Recreation
2301 Fruitvale Boulevard
Yakima, WA 98902
(509) 575-6020
TO COUNTY: Jerry Baldoz
Department of Food Services
1711 Englewood Avenue
Yakima, WA 98902
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.
21. GOVERNING LAWS:
This Agreement shall be governed by and construed in accordance with the laws of the State
of Washington.
22. Venue:
The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court
of Washington for Yakima County, Washington.
23. 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 of6
CITY OF YAKIMA
By: ae._,7R.A. ZI ity Manager
Date: VSID 6
ATTEST:
CITY CONTRAC r'3
NO:r2 G 9
RESOLUTION NO: R- ZL "'/5I
Debbie Moore, City Clerk
BOARD OF YAKIMA COUNTY
COMMISSIONERS
esse S. Palacios, Chairman
Mike Meta, Commissioner
Ronald F. Gamache, Commissioner
Constituting the Board of County Commissioners
for Yakima County, Washington
Clerk of the Board
Appy has to Form:
eputy Pros cuting Attorney
Page 6 of 6
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /A/
For Meeting of: November 7, 2006
ITEM TITLE: A Resolution Authorizing the Senior Nutrition 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 Senior Nutrition Agreement between the City of Yakima and Yakima
County Department of Food Services. The purpose of this agreement is to provide
food and nutrition services to eligible older adults participating in the Daybreak Adult
Day Services, a program which the City sponsors at the Harman Center.
A food services program for older adults 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)Senior Nutrition Agreement
Mail to: Jerry Baldoz, Director, Yakima County Department of Food Services, 1711
Englewood Avenue, Yakima, WA 9`902
Funding Source: N/A
APPROVED FOR SUBMITTAL ���3 - J City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council to
adopt the Resolution authorizing execution of the Senior Nutrition Agreement
Between Yakima County Department of Food Services and the City of Yakima
Harman Senior Center.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-157