HomeMy WebLinkAboutR-1999-065 AGREEMENT TO PROVIDE A SUMMER PLAYGROUND PROGRAM AT MILROY PARK.RESOLUTION NO. R-99 65
A RESOLUTION authorizing the City Manager of the City of Yakima to execute
an agreement between the City of Yakima and the Salvation
Army, a California corporation, to provide a summer
playground program at Milroy Park.
WHEREAS, the City needs supervised summer playground activities for
youth; and
WHEREAS, the City does not have the staffing levels and expertise necessary
to conduct said summer playground activities for youth; and
WHEREAS, the Salvation Army, a California corporation, has the experience
and expertise necessary to provide supervised summer playground activities for.
youth and agrees to perform these services for the City under the terms and
conditions set forth in 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 agreement with the Salvation Army, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to executed the attached
and incorporated "1999 Agreement Between the City of Yakima and the Salvation
Army, a California corporation" for the purpose of providing a summer playground
program for youth.
ADOPTED BY THE CITY COUNCIL this /e day of /14
1999.
A 1EST:
City Clerk
(Ik*,./sslv.aon army 99/pm
John Puccinelli, Mayor
1999 AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
THE SALVATION ARMY
THIS AGREEMENT is made and entered into by and between the City of
Yakima, Department of Public Works, Parks and Recreation Division, herein referred to
as the "City," and the Salvation Army, a California corporation, herein referred to as
"Salvation Army."
WHEREAS, the City needs supervised summer playground activities for youth.
WHEREAS, Salvation Army has the experience and expertise necessary to
provide said supervised summer playground activities for youth 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 Salvation Army as
follows:
1. Services. The City and Salvation Army will jointly initiate a summer
playground program for five (5) to twelve (12) year old youths at Milroy Park. The
program dates will be during the period of June 21, 1999 through August 20, 1999.
Special areas of responsibility for both the City and Salvation Army are contained and
described in Exhibit "A," which is attached and hereby incorporated into this
Agreement.
2. Consideration. The City agrees to compensate Salvation Army for Services
rendered hereunder according to the payment schedule labeled Exhibit "B," which is
attached and hereby incorporated into this Agreement. Salvation Army shall submit
satisfactory documentation (invoices/billings) to the City Recreation Supervisor prior
to payment. The City shall make the required disbursement to Salvation Army within
thirty (30) days after receiving said documentation.
3. Term. The term of this Agreement shall commence on the 21st day of June, 1999,
and terminate on the 30th day of September, 1999, unless sooner terminated by either
party in accordance with Section 16.
4. Status of Salvation Army. Salvation Army and the City understand and
expressly agree that Salvation Army is an independent contractor in the performance of
each and every part of this Agreement. Salvation Army and its employees shall make
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no claim of City employment nor shall claim against the City any related employment
benefits, social security, and/or retirement.
5. Taxes and Assessments. Salvation Army 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, Salvation Army shall pay the same before it becomes due.
6. Nondiscrimination Provision. During the performance of this Agreement,
Salvation Army shall not discriminate in violation of any applicable federal, state
and/or local law or regulation 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 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, selection for training, and the
provision of services under this Agreement.
7. The Americans With Disabilities Act. Salvation Army 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. Salvation Army 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
Salvation Army and/or its employees.
10. Indemnification and Hold Harmless. The Salvation Army shall defend,
indemnify, and hold harmless the City, its elected officials, agents, officers, and
employees from and against all claims, causes of action, damages, losses, and expenses
of any kind or nature whatsoever, including but not limited to, attorney's fees and court
costs, arising out of, relating to, or resulting from the Salvation Army's performance or
non-performance of the services, duties and obligations required of it under this
Agreement.
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11. Liability Insurance. On or before date this Agreement is fully executed by the
parties, Salvation Army shall provide the City with a certificate of insurance as proof of
liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number, and when the
policy and provisions provided are in effect (any statement in the certificate to the effect
of "this certificate is issued as a matter of information only and confers no right upon
the certificate holder" shall be deleted). Said policy shall be in effect for the duration of
this Agreement. The policy shall name the City, its elected officials, officers, agents, and
employees as additional insureds, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City thirty (30) calendar days
prior written notice (any language in the clause to the effect of "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company" shall be
crossed out and initialed by the insurance agent). The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in
the State of Washington.
12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by Salvation Army 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 Salvation Army stated herein.
13. 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.
14. Integration. This written document constitutes the entire agreement between the
City and Salvation Army. 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.
15. Non -Waiver. The waiver by Salvation Army 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.
16. Termination. Either party may terminate this Agreement, with or without
cause, by giving the other party ten (10) days written notice of termination.
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4.-
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 SALVATION ARMY:
Recreation Manager
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Salvation Army, a California
Corporation
P.O. Box 2782
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
By:
Dick Zai City Manager
Dated: 51)-c}/ l 1
ATTEST:
y7� p
City Clerk
City Contract No. 99-66
Resolution No. R-99-65
SALVATION ARMY, A CALIFORNIA
CORPORATION
Its:B
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Secretary
STATE OF TAT-� 3 itmeT@Al ) ei.-4./02%Y'e1At
:ss.
County of ¥ a- ) ,L� .49JJik-'
EVELYN J. HUNTER
I certify that I know or have satisfactory evidence that VICTOR R. DOUGHTY the person
who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the . Treasuraaf Salvation Army, a California corporation, to be the
free and voluntary act of sucharty for the uses and purposes mentioned in the
in Secretary
(fr12-3h
strument.
DATED:
P. B. MC INTYRE
Commission # 1209405
71r Notary Public - California
W
Ws Angeles County $
My Comm. Expires Jan 29, 20D3�
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Print Name: -"P'1?), 1 Adc_ 1,t1 7yJ2_"
NOTARY PUBLIC in and fo he State " t t} 6' `-1--v
oft#ashington, residing at fray 0 t ix; -41,;11`
My commission expires: i /a 1 )0 3
ATTACHMENT "A"
Areas of Responsibilities:
1. The City of Yakima Parks & Recreation Division shall:
A. Assist the Salvation Army in determining the scope of the program.
B. At the conclusion of the program, meet with the Salvation Army to
evaluate the program and make recommendations for future offerings.
C. Pay the Salvation Army within thirty (30) days of receiving an itemized
bill for services rendered according to Attachment "B."
2. The Salvation Army of Yakima shall:
A. Operate a summer recreational playground program at Milroy Park from
June 21, 1999 through August 20, 1999. Hours of operation are 10:00 a.m.
to 4:00 p.m., Monday through Friday, for a total of nine (9) weeks, June 21
- August 20, 1999.
B. Hire, train, and supervise qualified staff to work the program.
C. Be responsible for the total planning and implementation of the program
including staffing, equipment, supplies, and program promotion.
D. Include in all promotional material and information to the public the
statement, "Funds for this program are provided by the City of Yakima,
Parks and Recreation Division." Also listed may be other funding sources.
E. Provide a written program schedule for public information purposes to
the Parks and Recreation Office. This should include program days,
times, location, contact person, and phone number for further
information.
F. Provide to the City's Recreation Supervisor weekly participation figures.
These must include the number of participants, sex, age, and ethnic make -
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up. This data must be submitted by the fifth of the month for the previous
month.
G. At the conclusion of the program, meet with the Recreation Supervisor to
evaluate the program and make recommendations for future programs.
In addition, submit a written program report including analysis of
program activities, participation summary, and overall program
evaluation.
H. Provide an itemized bill to the City for payment for services according to
Attachment "B."
I. All prospective employees hired with funds from this Agreement shall
submit to a background check pursuant to RCW 43.43.830-835. This
disclosure shall be made in writing and signed by the applicant and sworn
under penalty of perjury. Background information checks may be
obtained from the Washington State Patrol.
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ATTACHMENT "B"
Payment Schedule:
1. The City of Yakima Parks & Recreation Division shall:
A. Pay the Salvation Army of Yakima costs up to a maximum of Seven
Thousand Five Hundred Dollars ($7,500.00).
B. Make disbursement to the Salvation Army of Yakima within thirty (30)
days, after receiving an itemized invoice/billing.
2. The Salvation Army of Yakima shall:
A. Provide an itemized invoice/billing to the City's Recreation Supervisor for
the 1999 summer playground program on or before September 1, 1999.
B. Provide a final written financial report to the City's Recreation Supervisor
for the 1999 summer playground program on or before September 30,
1999. To be included in this final report are any service adjustments,
additional fees and charges and their reconciliation. The City has the right
of set-off as to any accrued fees in the nature of reimbursement for failure
to perform.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting Of 5/18/99
ITEM TITLE: 1999 Agreement between the City of Yakima and the Salvation Army
SUBMITTED BY: Chris Waarvick, Director, Department of Public Works and
Denise Nichols, Parks & Recreation Division Manager
CONTACT PERSON/TELEPHONE: Denise Nichols/ 575-6020
SUMMARY EXPLANATION:
Attached is the 1999 Agreement between the City of Yakima and the Salvation Army for a
summer playground program at Milroy Park. This agreement provides $7,500 to pay for
the Salvation Army's operation of a nine -week program for children five to twelve (5-12)
years old. The Salvation Army will be responsible for planning and implementing the
playground program including staffing, equipment, supplies and promotion.
Resolution X Ordinance _ Contract Other (Specify) Agreement
Funding Source: Parks & Recreation Fund
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: To approve the attached agreement
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD
Agenda Stmt. P & R 1