HomeMy WebLinkAboutR-2001-049 2001 Master Contract for Personal Services (instructors, officials, referees)RESOLUTION NO. R-2001-49
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 2001.
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
$30,000.00 for these personal services in the 2001 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 Manger 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 2001 that
are substantially in accord with the terms and conditions of the attached personal
service agreements.
ADOPTED BY THE CITY COUNCIL this Qof March 2001.
y Place, Mayor
ATTEST:
City Clerk
Resolution for Master Pers Srvs Agrmts/ms
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, 2001, 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
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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
services hereunder that are satisfactory 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, n *�a^tor shall pay the s_ -me before it becomes clue.
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6. Nondiscrimination Provision. During the performance of this Agreement, Contractor
shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed,
marital status, political affiliation, or the presence of any sensory, i en nal or physical handicap.
i. The Americans With Disabilities Act. The Contractor shall comply with the
Americans With Disabilities Act of 1990,42 U.S.C. § 12101 et secs. (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 RON 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
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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: Recreation Supervisor
Parks & Recreation Division
2301 Fruitvale Blvd.
Yakima, WA 98902
(509) 575-6020
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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
By:
Denise Nichols
Parks & Recreation Division Manager
CONTRACTOR
Uy:
DATE: DA'
City Contract No.
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CONTRACTNO.
EXHIBIT "A"
AREAS OF RESPONSIBILITIES:
The City of Yakima Parks and Recreation Division shall:
A. Provide information packets to the Contractor a minimum of ten (10) working days
prior to the activity, program or trip.
B. Provide a tentative participant roster to the Contractor a minimum of one (1)
working day prior to the activity, program or trip. A final roster will be available
prior to the first class or session.
C. Give a minimum of forty-eight (48) hours notice of schedule changes for which the
Contractor has been scheduled. This notice does not apply to School District
facility cancellations or Acts of God.
D. Allow a program or activity to be rescheduled at a mutually agreed upon time and
location as assigned by the Recreation Supervisor/Leader to meet the fulfillments of
this contract.
E. Pay the Contractor for services provided within thirty (30) days after receiving the
invoice/bill.
2. The Contractor shall:
A. Scope of Services Adhere to the agreed upon instruction and/or services as
described as follows:
P & R Contracts
MASTER Au. A
=1:
Consideration:
CONTRACT NO.
As consideration for the services performed pursuant to this Agreement, the City
agrees to compensate the Contractor" as follows:
Program Title: Activity Number:
Program Title: Activity Number:
Amount: nPr•
Progra-n tle: Activity Number:
Amount: per:
Program Title: Activity Number:
Amount: per:
Program Title:
Amount:
Program
Activity Number:
Activity Number:
Amount: per:
Program Ti
Activity Number:
Amount: per:
Program Title:
Activity Number:
A 4..
Allio nu: per:
The total sum of this Agreement shall not exceed $10,000.
P& R Contracts
Exhibit B
CONTRACT NO.
YRS FORM 1099 (MIS)
The U. S. Internal Revenue Code requires the City of Yakima to file "IRS FORM
1099" for certain payments which total an aggregate of $600 or more during the
calendar year.
When a correct taxpayer identification number, such as a Social Security Tax. I.D.
number, has not been furnished, the City of Yakima must withhold from payments a
tax equal to 31%.
To assist the City of Yakima in meeting the Internal Revenue Service reporting
requirements and for you to avoid the 31% withholding requirement, please complete
the items below, sign and date.
Name:
(please print)
Address:
City State Zip
Work Phone No. Home Phone No.
Tax I.D. Number
Social Security Number:
Check one: Individual
Corporation { }
Partnership { }
Professional Service Corp { }
Sole Proprietorship { }
Authorized Signature:
Date:
If you believe payments to you by the City of Yakima are exempt from the Internal
Revenue Service reporting requirements, please supply us with an explanation of the
exemption with reference to the appropriate Internal Revenue Code Regulations
providing for such exemption.
NOTE: Even if you subsequently give us your Tax Identification Number, the City
of Yakima cannot pay the withheld amount to you. Once the 31% portion has been
withheld, you must file a tax return to receive credit for the withheld amount.
P & R Contracts
IRS FORM
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. -7 / D
For Meeting of March 20, 2001
ITEM TITLE: A Resolution Authorizing Personal Services Agreements for
Various Parks and Recreation Division Programs During 2001
1----N
SUBMITTED BY: Chris Waarvick, Director of Public Work
Denise Nichols, Parks and Recreation Manager
CONTACT PERSONITELEPHONE: Denise Nichols, 575-6020
SUMMARY EXPLANATION:
The Parks and Recreation Division requires specialized personal services from instructors,
officials, and referees for various Parks and Recreation Division programs. Attached for
Council's review is a master agreement necessary for obtaining those services.
For 2001, the Parks and Recreation Division will execute approximately forty (40)
agreements with individuals for services, and the total value of all the agreements
combined will be approximately $30,000. Program fee revenues offset this expenditure.
Resolution X Ordinance _ Other (Specify) Master Personal Services Agreement
Contract Mail to (name and address):
Funding Source
- $30.000 for all
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff respectfully requests Council to approve the
Resolution authorizing and directing the Parks and Recreation Division Manager to
execute specialized personal services agreements for various Parks and Recreation
programs for 2001.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R=2001-49