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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. Page 1 of 6 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. Page 2 of 6 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 Page 3 of 6 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: Page 4 of 6 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