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HomeMy WebLinkAboutR-1999-054 VOLUNTEER SUPPORT TO SENIOR CITIZENS.RESOLUTION NO. R-99-54 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Yakima Valley Community College (YVCC), for the purpose of providing, through its Retired and Senior Volunteer Program, volunteer support to senior citizens within the City of Yakima. WHEREAS, the City recognizes the need to provide support to senior citizens within the City of Yakima; and WHEREAS, the City does not have the staffing levels necessary to provide such support services; and WHEREAS, YVCC, through its Retired and Senior Volunteer Program (hereinafter 'RSVP"), has the experience and expertise necessary to provide said volunteer services and agrees to perform these services for the City under the terms and conditions set forth in this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with YVCC for support services to senior citizens in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated "1999 Retired & Senior Volunteer Program Agreement" with YVCC. ADOPTED BY THE CITY COUNCIL this day of /PP �-- 1999. ATTEST: City Clerk (Ik)res/rsvp.pm John Puccinelli, Mayor 1999 RETIRED & SENIOR VOLUNTEER PROGRAM AGREEMENT THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a municipal corporation (hereinafter the "City"), and Yakima Valley Community College (hereinafter "YVCC"). WHEREAS, the City recognizes the need for senior volunteer services. WHEREAS, YVCC, through its Retired and Senior Volunteer Program (hereinafter "RSVP"), has the experience and expertise necessary to provide said volunteer services and agrees to perform these services for the City under the terms and conditions set forth in 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 RSVP as follows: 1. Services. YVCC, through RSVP, shall provide volunteer support to approximately 350 senior citizens within the City of Yakima. YVCC will provide volunteer support in the form of mileage and meal reimbursement, and volunteer recognition. Special areas of responsibility for both the City and RSVP are contained and described in Exhibit "A," which is attached and hereby incorporated into this Agreement. 2. Consideration. In compensation for all services provided by YVCC hereunder, the City shall pay YVCC a total of Three Thousand Dollars ($3,000.00). Said sum shall be paid in two agreed installments of Fifteen Hundred Dollars ($1,500.00) on July 1, 1999 and December 31, 1999. Said payments are expressly conditioned upon YVCC providing the City with satisfactory services hereunder and documentation (invoices/billings) for each payment by June 1, 1999, and November 1, 1999, respectively. Additionally, in consideration for all services provided by YVCC hereunder, the City shall provide Two Thousand Dollars ($2,000.00) worth of "in-kind" support for the RSVP program. While the City appreciates input from YVCC, the City shall have sole and final discretion as to the determination of the type and value of the in-kind support, and the manner in which the in-kind support shall be provided. 3. Term. The term of this Agreement shall commence upon execution hereof, and terminate on midnight December 31, 1999, unless sooner terminated by either party in accordance with Section 13 below. 4. Status of YVCC. YVCC and the City understand and expressly agree that YVCC is an independent contractor in the performance of each and every part of this Agreement. YVCC and its employees or volunteers shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. YVCC 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. In the event the City is assessed a tax or assessment as a result of this Agreement, YVCC shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, YVCC shall not illegally discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This Page 1 of 4 (Ik)agr-rsvp 99 -pm provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 7. The Americans With Disabilities Act. YVCC agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 8. Compliance With Law. YVCC agrees to perform those 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. No Insurance. It is understood the City does not maintain liability insurance for YVCC and its employees or volunteers. 10. Statement of Self -Insurance. The State of Washington, including all of its agencies and departments, is self-insured for all exposure to tort liability, property damage liability, and vehicle liability as provided for in the Risk Management Act, Revised Code of Washington, Chapter 43.19.19362. The Tort Claims Act, RCW 4.92 et seq. provides the fundamental remedy for all liability claims against the State. Such claims must be filed with the State Office of Risk Management for processing according to statute. 11. Mutual Indemnity and Hold Harmless. YVCC agrees to assume responsibility for any acts of its employees, officers, agents, and attorneys for which it would be deemed legally liable. The City agrees to assume responsibility for any acts of its employees, officers, agents, and attorneys for which it would be deemed legally liable. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by YVCC 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 liabilities of YVCC stated herein. 13. Termination. a. Termination of Agreement for Cause: If, through any cause, either party shall fail to fulfill in a timely and proper manner, its obligation under the Agreement, or if either party shall breach any of the covenants, agreements, assurances or stipulations of the Agreement, the other party shall have the right to terminate this Agreement by giving written notice to the breaching party of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. b. Termination of Agreement for Convenience of the District: Either party may terminate this agreement by giving written notice to the other party of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Page 2 of4 (Ik)agr.rsvp99-prn 99- 70 14. Waiver of Terms. The waiver by YVCC or the City 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. 15. 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. 16. Integration. This written document constitutes the entire agreement between the City and YVCC. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 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: TO YVCC: Parks & Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Assistant to the. President YVCC P.O. Box 22520 Yakima, WA 98907 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 when mailed or hand -delivered at the addresses specified above. 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 R. A. Zais, Jr., City Manager Page 3 of 4 k)agr-rsvp 99 -pm �ITw CONTRACT NO: RESOLUTION NO: YAKIMA VALLEY COMMUNITY COLLEGE By: Its: Date: 0/5 EXHIBIT "A" AREAS OF RESPONSIBILITY 1. The City of Yakima Parks and Recreation Division shall: A. Meet with the YVCC Director of Volunteer Programs to coordinate the scope of services to be provided under this Agreement. B. Work with RSVP to identify volunteer opportunities with the City of Yakima. C. Provide volunteer job descriptions to RSVP for volunteer opportunities for seniors to assist with the City of Yakima programs. 2. YVCC, through RSVP, shall: A. Meet with the Senior Center Supervisor with the City of Yakima to coordinate the scope of services to be provided under this Agreement. B. Use its best efforts to make City residents aware of volunteer opportunities within the City of Yakima. C. Include on all promotional materials and information the statement: "funds for this program are provided by the City of Yakima Parks & Recreation Division". Additional funding agencies should also be mentioned. D. Provide a written program evaluation and review to the City's Senior Center Supervisor by December 31, 1999. Contained within this report are: yearly volunteer hours, volunteer job sites, and a budget report. Also to be included are any observations or recommendations as to how the program can be improved on in the future. E. Provide a written financial report to the City's Senior Center Supervisor by December 31, 1999, which specifically illustrates how dollars provided by the City under this Agreement were spent. Page 4 of 4 (l])aS.-rs` p 99 -Pm ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / - For Meeting of April 20, 1999 Agreement Between the City of Yakima and the Retired and Senior Volunteer Program Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols - 575-6020 SUMMARY EXPLANATION: Staff respectfully requests approval of the attached Resolution authorizing an agreement between the City of Yakima and the Retired and Senior Volunteer Program sponsored by Yakima Valley Community College. This Agreement provides $3,000 for support of volunteer programs. The dollars will be used to assist with mileage and meal reimbursement along with volunteer recognition for 350 Senior volunteers residing within the City of Yakima. Funding for this Agreement is included in the City's 1999 Budget appropriation. Resolution x Ordinance .— Contract Other (Specify) Agreement Funding Source Parks and Recreation Budget (Senior Center Service Unit) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests approval of the attached agreement between the City of Yakima and the Retired and Senior Volunteer Program. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: