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:
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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.
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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.
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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.
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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.
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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.
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