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HomeMy WebLinkAboutR-2000-011 Personal Services Agreements for the year 2000RESOLUTION NO. R-2000-11 A RESOLUTION authorizing and directing the Parks and Recreation Division Manager of the City of Yakima to execute personal service agreements with instructors, officials and referees necessary for various Parks and Recreation Division programs during 2000. WHEREAS, the City of Yakima Parks and Recreation Division requires the .personal services of instructors, officials and referees for various Parks and Recreation Division programs; and . WHEREAS, the City Council has approved funding of approximately $45,000.00 for these personal services in the 2000 budget of the Parks and Recreation Division; and WHEREAS, the Parks and Recreation Division desires to hire said instructors, officials and referees through personal service agreements that are substantially in accord with the terms and conditions of the attached personal services form agreements; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to authorize execution of personal service agreements necessary for obtaining the services of instructors, officials and referees for various Parks and Recreation Division programs that are substantially in accord with the terms and conditions of the attached personal service agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Parks and Recreation Division Manager of the City of Yakima is hereby authorized to execute personal service agreements with instructors, officials and referees necessary for various Parks and Recreation Division programs during 2000 that are substantially in accord with the terms and conditions of the attached personal service agreements. ADOPTED BY THE CITY COUNCIL this 18th day of January, 2000. ATTEST: City Clerk (lk) res/parks personal service 00 .pm ary Place, Mayor FOR OFFICIAL USE ONLY: CONTRACT NO. Provider: (Please Print) Address: Vendor No. City State Zip Home Phone No. Work Phone No. Expenditure Code: PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and , an individual (hereinafter "Contractor"). WHEREAS, the City requires specialized instructional services to facilitate the scheduled program of the City Parks and Recreation Division. WHEREAS, Contractor has the experience and expertise necessary to perform the instructional services required by the City. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Contractor as follows: 1. Scope of Services. Contractor shall provide the City with services in conjunction with the program of the City Parks and Recreation Division and in accordance with attached and incorporated Exhibit "A." 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate on 12:00 p.m., December 31, 2000, unless sooner terminated by either party in accordance with Section 17. 3. Consideration. As consideration for the training services performed pursuant to this Agreement, the City agrees to compensate Contractor in accordance with attached and incorporated Exhibit "B." The Contractor shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after the services are provided. The City shall make payment to the Contractor within thirty (30) calendar days upon receipt of each invoice/billing; provided, however, that the Contractor waives any and all claims for Page 1 of 4 (1k)agr/ parks pinnal service contract 00/pm compensation for training services where the Contractor has failed to provide the City with an itemized invoice/billing for said services within sixty (60) calendar days of providing said services. Also, all payments are expressly conditioned upon the Contractor providing training ;ces hereunder that are catlsfawtory to the City. 4. Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor and not an employee of the City with regard to the performance of each and every part of this Agreement. The Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Contractor shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. 5. Taxes and Assessments. Contractor shall be solely responsible 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 insurance, 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, Contractor shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Contractor shall not discriminate on the basis of race, age, color, sex, religion, national ongin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 7. The Americans With Disabilities Act. The Contractor shall comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW 49.60 and its implementing regulations. The ADA and RCIN 49.60 provide 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. Contractor agrees to perform all services required 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 Contractor. 10. Indemnification and Hold Harmless. Contractor agrees to protect, defend, indemnify, and hold harmless the City, its agents, officers, employees and elected officials from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from Contractor's performance and/or non-performance of the Contractor's services, obligations and duties required under this Agreement. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor to any other person or entity without Page 2 of 4 (Ik)agr/parks Personal service contract 00/ pm 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 Contractor stated herein. 12. Non -Waiver. The failure of the City or the Contractor to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 13. Damages. If for any reason the Contractor fails to provide the services required under this Agreement, the Contractor shall be liable for any and all additional expenses incurred by the City in securing such services elsewhere. 14. No Conflict of Interest. Contractor represents that he/she does not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Further, the Contractor specifically represents that he/she is not an officer or an employee of the City, nor does he/she reside with or contribute monetary amounts to any City employee or officer. 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 Contractor. There are no other oral or written Agreements between the parties as to the subjects covered herein. 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. Termination. The City or Contractor may terminate this Agreement, with or without cause, by giving the other party five (5) days written notice of termination. 18. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 19. 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: Page 3 of 4 Okla gr/ parks personal service context 00/pm Recreation Supervisor Parks & Recreation Division 2301 Fruitvale Blvd. Yakima, WA 98902 (509) 575-6020 TO CONTRACTOR: or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by first class mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 21. 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 CONTRACTOR By: By: Denise Nichols Parks & Recreation Division Manager DATE: DATE: City Contract No. Page 4 of 4 (1k)a gr/ parks personal service contract 00/ put BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No i For Meeting of January 18, 2000 ITEM TITLE: The Execution of Personal Services Agreements for the Parks and Recreation Division SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols 575-6020 SUMMARY EXPLANATION: The Parks and Recreation Division executes Personal Services Agreements with instructors, officials and referees for various Parks and Recreation Division programs. The master agreements are attached for Council's review. For 2000, the Parks and Recreation Division will execute approximately sixty (60) agreements with individuals for services and the total value of all the Agreements combined will be approximately $45,000. This expenditure is offset by program fee revenues Resolution x Ordinance Other (Specify) Agreements Contract Mail to (name and address): Phone: Funding Source Parks and Recreation Buddet.'^ ' //! APPROVED FOR SUBMITTAL: �/ K f (1,-„ t Jl'\ City Manager STAFF RECOMMENDATION: Staff respectfully requests approval of the attached Resolution to execute Personal Services Agreements for the Parks and RecreationDivision. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: