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HomeMy WebLinkAbout06/07/2011 22 Daybreak Program Senior Nutrition Agreement with People for People BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No4' 2Z For Meeting of: June 7, 2011 ITEM TITLE: A Resolution authorizing a Senior Nutrition Agreement with People for People for Daybreak Program 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 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 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: � .� ^�, City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing a Senior Nutrition Agreement with People for People for Daybreak Program participants at the Harman Center BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: • RESOLUTION NO. R -2011- A RESOLUTION authorizing the City Manager to execute Senior Nutrition Agreement between the City of Yakima and People for People 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, 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 Senior Nutrition 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 "Senior Nutrition Agreement" between the City of Yakima and People for People, 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 of June 2011. Mayor ATTEST: City Clerk r Resolution Senior Nutrition.Agrmt 1 Senior Nutrition Agreement • Between People for People and City of Yakima, Harman Center THIS AGREEMENT is made and entered into by and between People for People and the City of Yakima as sponsoring agency for DAYBREAK Adult Day Services, (hereinafter the "Nutrition Site ") whose address 101 North 65 Avenue, Yakima, WA 98908. WHEREAS, People for People 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 People for People and the City: TERMS AND CONDITIONS 1. Meal Orders: People for People 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 People for People's Senior Nutrition Central Office no later than 3:30 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 People for People's Senior Nutrition Central Office. People for People 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. People for People may substitute frozen meals - to utilize in the event of a last minute attendee for lunch. 3. Cost Per Meal: The Nutrition Site agrees to compensate People for People 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 30 of the preceding year. Rate changes will become effective on December 1 of each year. The current cost per meal July 1 through December 31, 2011 shall be $5.90 per meal. People for People shall bill monthly for meals delivered. Payment will be due and payable by the Nutrition Site monthly, upon receipt of a billing from People for People. 4. Holiday /Bad Weather Closures: No meals will be provided/served on days that People for People is closed due to hazardous weather conditions or other conditions not within People for People's control or holidays as designated by People for People. The Nutrition Site will be notified of closures as soon as possible and be given a schedule of holiday closures. • Page 1 of 5 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 People for People 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 People for People, 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. Compliance With Law: 110 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. • 9. 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. 10; 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 govemment services, and telecommunications. Page2of5 11. 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 attomey'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 attomey'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 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 attomey'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 11 shall survive the termination of this Agreement. 12. 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 Nutrition Site. 13. 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. 14. Independent Contractor. People for People 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 People for People. The Nutrition site and its employees shall make no claim of employment or claim any employment benefits from People for People, including but not limited to, medical benefits, social security, and retirement benefits. 15. Duration /Amendment: This agreement shall commence on July 1, 2011 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. Page 3 of 5 16. 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 People for People. 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. 17. Waiver of Breach: The waiver by People for People 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. 18. 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. 19. 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. 20. Termination: Either party may terminate this Agreement, with or without cause, by giving the other party ninety days advance written notice of termination. 21. Notices: Unless stated otherwise herein, all notices and demands shall be in writing and delivered to the parties to their addresses as follows: CITY: Ken Wilkinson, Manager Parks and Recreation City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575 -6020 PEOPLE FOR PEOPLE: Madelyn Carlson, CEO People for People 304 West Lincoln Avenue 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 delivered at the address specified above. Each party shall provide written notification within 15 calendar days of change of address. 21. Venue: . The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Yakima County, State of Washington. Page 4 of 5 22. 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 People for People below shall constitute a presumption that such approval was properly obtained. CITY OF YAKIMA PEOPLE FOR PEOPLE By: R. A. Zais, Jr. Madelyn Carlson City Manager Chief Executive Officer Date: Date: Attest: Attest: Debbie Kloster, City Clerk City Contract No 0 Resolution No. • Page5of5