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HomeMy WebLinkAboutR-2001-016 2001 Yakima County Substance Abuse Coalition agreementRESOLUTION NO. R-2001-16 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "2001 Agreement Between the City of Yakima and the Yakima County Substance Abuse Coalition, Inc." to provide supervised after school recreational activities/programs for youth at risk. WHEREAS, the City and the Yakima County Substance Abuse Coalition (YCSAC) desire to rid Yakima neighborhoods of physical structures and environmental conditions that harbor drug trafficking operations through community awareness, participation, involvement, and education; and WHEREAS, in accordance with these desires and goals, the City requires supervised after school recreational activities/programs for youth at risk; and WHEREAS, the City does not have the staffing levels or specialized expertise necessary to provide such activities/programs; and WHEREAS, YCSAC has the necessary experience and expertise and is willing to provide such supervised after school recreational activities/programs in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City has previously contracted with YCSAC for such services; and WHEREAS, the City Council has determined that it is in the best interest of the City to continue to contract with YCSAC to provide supervised after school recreational activities/programs for youth at risk 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 is hereby authorized and directed to execute the attached and incorporated "2001 Agreement Between the City of Yakima and the Yakima County Substance Abuse Coalition, Inc." to provide supervised after school recreational activities/programs for youth at risk. ADOPTED BY THE CITY COUNCIL this 6th day of February, 2001. ATTEST: ary Place, Mayor gad &-e- City Clerk Contract No. (1k)res/substance abuse2001.pm C, 144 2001 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION, INC. THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, (hereinafter the "City"), and the Yakima County Substance Abuse Coalition, Inc., a non-profit corporation (hereinafter "YCSAC"). WHEREAS, the City needs supervised after school recreational activities in cooperation with the Yakima Gang Intervention/Prevention Coalition for youth at risk. WHEREAS, YCSAC has experience and expertise in providing supervised after school recreational activities 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 YCSAC as follows: 1. Professional Services. The duties of activity formulation and supervision will be performed by YCSAC in conjunction with the goals of the Yakima Gang Intervention/Prevention Coalition. Program sites include the following locations within the City of Yakima: a. Adams School Kids Place activities 3 - 6 p.m. b. Barge Lincoln School Kids Place activities 3 - 6 p.m. c. Garfield School Kids Place activities 3 - 6 p.m. Night Action activities 6 - 9 p.m. d. Southeast Com. Ctr. Kids Place activities 3 - 6 p.m. Night Action activities 6 - 9 p.m. The supervised after school recreational activities will be conducted Monday through Friday of each week during the school year and will coincide with the Yakima School District calendar. Kids' Place activities for 5 to 12 year old youths will be held from 3 to 6 p.m. Night Action activities for 13 to 19 year old youths will be held from 6 to 9 p.m. Special areas of responsibility for both the City and YCSAC are contained and described in attached and incorporated Exhibit A. 2. Consideration. The City agrees to compensate YCSAC a total of Seventy -Five Thousand Dollars ($75,000.00) for all services performed under and pursuant to this Agreement. The City shall pay YCSAC said sum in equal installments of Thirty -Seven Thousand Five Hundred Dollars ($37,500.00) on March 1, 2001 and August 1, 2001. Page - 1 (1k)agr/substance abuse 2001.pm 3. Inspection and Audit. YCSAC shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or of the Washington State Auditor at all reasonable times, and YCSAC shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or of the Washington State Auditor where necessary to conduct or document an audit. YCSAC shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 4. Term. The term of this Agreement shall commence on the 6th day of February, 2001, and terminate on the 31st day of December, 2001, unless sooner terminated by either party in accordance with Section 16. 5. Status of YCSAC. YCSAC and the City understand and expressly agree that YCSAC is an independent contractor in the performance of each and every part of this Agreement. YCSAC, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. YCSAC and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 6. Taxes and Assessments. YCSAC 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, YCSAC shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, YCSAC shall not discriminate in violation of any applicable federal, state and/or local law and/or regulation on the basis of race, age, 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 the services required under this Agreement. 8. The Americans With Disabilities Act. YCSAC agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and corresponding regulations and Washington State's anti -discrimination law as contained in RCW 49.60 and corresponding 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. Page - 2 (1k)agr/substance abuse 2001.pm 9. Compliance With Law. YCSAC 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. 10. No Insurance. It is understood the City does not maintain liability insurance for YCSAC or its employees. 11. Indemnification and Hold Harmless. YCSAC 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 or allegedly resulting from from YCSAC's performance and/or non-performance of the services and duties required under this Agreement. 12. Insurance. a. Commercial Liability Insurance. On or before the effective date of this Agreement, the YCSAC shall provide the City Parks & Recreation Manager with a certificate of insurance as proof of commercial liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states 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. b. Directors and Officers Liability Insurance. The YCSAC shall obtain a Directors and Officers Liability insurance policy with a minimum limit of One Million Dollars ($1,000,000.00) and a maximum retention of Five Thousand Dollars ($5,000.00). On or before the effective date of this Agreement, the YCSAC shall provide the City Parks & Recreation Manager with a true and correct copy of said insurance policy. The definition of insured under said policy shall include the YCSAC, its individual directors, officers, trustees, employees, and volunteers. Said policy shall have a retroactive date on or before the effective date of this Agreement. Coverage under said policy shall remain in full force and effect for a three (3) year period after the expiration/termination date of this Agreement with the same retroactive date either through renewal policies or "tail" coverage on the current policy. Page - 3 (1k)agr/substance abuse 2001.pm c. Commercial Automobile Liability Insurance. On or before date this Agreement is fully executed by the parties, YCSAC shall provide the City Parks & Recreation Manager with a certificate of insurance as proof of commercial automobile liability insurance with a 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. d. Workers' Compensation. The YCSAC agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of the YCSAC's workers' compensation coverage will be furnished to the City. The YCSAC shall hold the City harmless for any injury or death to the YCSAC's employees while performing this contract. 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by YCSAC 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 YCSAC as stated herein. 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. Non -Waiver. The waiver by YCSAC 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. The City or YCSAC may terminate this Agreement, with or without cause, by giving the other ten (10) days written notice of termination. In the event of termination, the City will compensate YCSAC for satisfactory services rendered up to the termination date on a pro -rata basis. 17. 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. Page -4 (1k)agr/substance abuse 2001.pm 18. 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 YCSAC: Parks & Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Yakima County Substance Abuse Coalition, Inc. 1211 South 7th Street Yakima, WA 98901 or to such 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 at the time mailed or hand delivered at the addresses specified above. 19. Integration and Supersession. This Agreement sets forth all of 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. 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 Dick�, tY i Manager Date: 0 ATTEST: City Clerk Contract No. 2001-09 Page - 5 (lk)agr/substance abuse 2001.pm YAKIMA COUNTY SUBSTANCE ABUSE C ALITION, INC. By: Its: Date: Resolution R-2001-16 EXHIBIT A Areas of Responsibility: 1. The City of Yakima Parks & Recreation Division shall: A. Promote the Kids' Place/Night Action Programs in its quarterly brochure. B. Pay the YCSAC for services provided in equal installments on March 1, 2001 and August 1, 2001. 2. The Yakima County Substance Abuse Coalition shall: A. Plan, organize, implement, and supervise the Kids' Place/Night Action programs at the four (4) site locations, including staff, equipment, supplies, and promotion. Kids' Place (5 to 12 year olds) shall be operated Monday through Friday from 3 p.m. to 6 p.m. and Night Action (13 to 19 year olds) from 6 p.m. to 9 p.m. Said programs shall include a variety of recreational, sports and fitness, homework assistance, and special events subject to the approval of the Parks and Recreation Manager. Programs shall be conducted at four (4) separate sites (Southeast Community Center, Adams School, Garfield School, Barge Lincoln School) for the months commencing February 2001 through December 2001. B. Provide a minimum of two (2) qualified staff persons at each site during the program hours. C. Promote the Kids' Place/Night Action programs and include in 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 monthly written program report and evaluation which, at a minimum, shall contain attendance figures per site per day to the Parks & Recreation Manager by the 10th of every month for the previous month. Page - `e, (1k)agr/substance abuse 2001.pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: February 6, 2001 rrEM '1ITLE: A Resolution Authorizing Execution of an Agreement with the Yakima County Substance Abuse Coalition (YCSAC) to provide After -School Programs for Youth at Risk SUBMITI'LD BY: Chris Waarvick, Director of Public Works C`? Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of the attached resolution authorizing execution of an agreement with YCSAC, in conjunction with the goals of the Yakima Gang Intervention/Prevention Coalition, to provide supervised after-school recreational activities for youth, five through 19 years of age. The program will be conducted at four locations and includes a variety of recreational sports and fitness activities as well as homework assistance and special events during the school year. Funding in the amount of $75,000 is included in the Parks and Recreation 2001 budget. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Yakima County Substance Abuse Coalition, Inc, 1211 South 711 St., Yakima, WA 98901 Please send a signed copy to Parks & Recreation. Funding Source: Parks and Recreation Budget— $75,000. City Manager APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Staff respectfully recommends adoption of the attached resolution authorizing execution of the 2001 Agreement with The Yakima County Substance Abuse Coalition, Inc. Kids Place/Night Action activities for youth at risk. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLtTTION NO. R-2001-16