HomeMy WebLinkAboutPeople for People - Site Use Agreement WASHINGTON FRUIT COMMUNITY CENTER
SITE USE AGREEMENT
THIS AGREEMENT is made and entered into by and between People For People, a Washington nonprofit
corporation, and the City of Yakima (hereinafter"City").
WHEREAS, People For People provides food and nutrition services to senior citizens; and
WHEREAS,the Washington Fruit Community Center(hereinafter"Center") located at 602 North 4th
Street, Yakima, WA 98901 was built in 1973 and has a total of 11,000 square feet and has facilities and
space to serve community residents; and
WHEREAS, People For People desires to use the Center space to provide its services to local residents 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 People For People as follows:
1. Programs and Services.
1.1. People For People shall be entitled to utilize the multi-purpose room and the kitchen within the
Center and also the common areas for its programs and services. Center kitchenware is included
for use as designated by Center staff. Such programs and services shall include providing food
services to senior citizens.
1,2. In its use of the Center's facilities, People For People agrees to the following:
1.2.1. People For People will provide a nutrition site manager during the times it is providing
food services.
1.2.2. People For People will provide all necessary staff to oversee and fulfill its obligations under
this contract.
1.2.3. People For People will have access to the agreed Center space from 10 a.m.through 12
p.m. Monday through Friday.
1.2.4. People For People is responsible for cleaning all equipment and areas of the Center used in
the preparation of food services each day of use.
1.2.5. People For People will be responsible for setting up and tearing down the tables and chairs
utilized by their program daily.
1.2.6. People For People will be provided 1 cabinet, 2 drawers, half the refrigerator and freezer
space, and storage space in the pantry as designated by the Center staff.
1.2.7. People For People is responsible for collecting fees.
1.2.8. When kitchen equipment and table service used by the Center and People For People is in
need of replacement or repair, a contribution request for a portion of the repair or
replacement cost will be sent to People For People and negotiated at that time. Equipment
to include:dishwasher,garbage disposal, oven,freezer and refrigerator.
1.3. Upon request, City will provide People For People annual Fire and Safety Inspection Reports, a
copy of any Yakima Health District food service licenses, and the Yakima Health District Food
Establishment Inspection Reports.
2. Consideration. As consideration for the food services provided pursuant to this Agreement,the City
agrees that all donations and fees obtained for People For People services provided in this
Agreement shall be given to People For People. People For People shall provide the City with an "in-
kind" receipt on a quarterly basis for use.
3. Term of Agreement. The term of this Agreement shall commence on September 1, 2022 and
continue for five(5)years until August 31, 2027 or until terminated by either party in accordance
with Section 16 of this Agreement.
4. Independent Contractor. People For People and the City understand and expressly agree that People
For People is an independent contractor, and none of the People For People employees shall be
considered an employee of the City. People For People and their 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. 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.
6. 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, employees, and volunteers.
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 thirty(30) day notice of cancellation of such
insurance and provide proof of continued coverage.
7. Nondiscrimination. With regard to the provision of food service under this Agreement, the City of
Yakima and People For People shall not illegally discriminate against any person on the grounds of
race, creed, religion, national origin, political affiliation, sex, marital status, age, or the presence of
any sensory, mental, or physical handicap.
8. The Americans With Disabilities Act. People For People agrees to comply with the Americans With
Disabilities Act of 1990.42 U.S.0 612101 et.Seq. (ADA),and it's implementing regulations,and it's
state counterpart contained in RCW Chapter 49.60 and it's 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. 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 and
promulgated by any governmental agency or regulatory body,whether federal, state, local,or
otherwise.
10. Indemnification and Hold Harmless.,
10.1. People For People agrees to hold harmless, indemnify, and defend the City of Yakima, it's
elected officials, officers, employees, and agents from and against any and all suits, actions,
claims, liability, damages,judgements, costs, and expenses (including reasonable attorney's
fees)which result from or arise out of sole negligence of People For People, it's elected officials,
officers, employees, and agents in connections with or incidental to the performance or non-
performance of People For People's services,duties and obligations under this Agreement.
10.2. The City of Yakima agrees to hold harmless, indemnify, and defend People For People, it's
elected officials, officers, employees, and agents from and against any and all suits, actions,
claims, liability,damages,judgements, costs and expenses (including reasonable attorney's fees)
which result from or arise out of the sole negligence of People For People, it's elected officials,
officers, employees, and agents in connection with or incidental to the performance or non-
performance of the City of Yakima services, duties and obligations under this Agreement.
10.3. In the event of that the officials, officers, agents, and/or employees of both People For
People and the City of Yakima are negligent, each party shall be liable for its contributory share
of negligence for any resulting suits,actions,claims, liability,damages,judgements, costs, and
expenses(including reasonable attorney's fees).
10.4. Nothing contained in this Section or this Agreement shall be construed to create a right
of indemnification in any third party.
10.5. This Paragraph shall survive the termination of this Agreement.
11. 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 the City of Yakima.
12. Assignment. This Agreement, or any interest herein,or claim hereunder, shall not be assigned or
transferred in whole or in part by People For People 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 liability of People For People as stated
herein.
13. Waiver of Breach. The waiver by People For People or the City of Yakima of the breach of any
provision of this Agreement by the other party shall not 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.
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 thirty(30) 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 OF YAKIMA:
City Manager
129 N. 2n°Street
Yakima, WA 98901
And to:
Ken Wilkinson
Parks& Recreation Manager
2301 Fruitvale Blvd.
Yakima,WA 98902
509-575-6020
TO PEOPLE FOR PEOPLE: Madelyn Carlson
Chief Executive Officer
People For People
304 W Lincoln Ave
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.
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.
CITY OF YAKIMA PEOPLE FOR PEOPLE
By: 624
Bob Harrison, City Manager Madelyn so arlson -0
Date: ' 3 ,� Date: e-'" 'J O
Attest: .► tte )
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