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HomeMy WebLinkAboutR-2001-077 YMCA Agreement (Miller Park)RESOLUTION NO. R-2001-77 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Family YMCA to provide a summer playground program at Miller 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 Yakima Family YMCA, 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 YMCA, 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 "2001 Agreement Between the City of Yakima and the Yakima Family YMCA" for the purpose of providing a summer playground program for youth. ADOPTED BY THE CITY COUNCIL this 15th day of May, 2001. ATTEST: ) .„ aD c City Clerk Ok)res/YMCA 01 /pm y Place, Mayor 2001 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA FAMILY YMCA 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 Yakima Family YMCA, herein referred to as "YMCA." WHEREAS, the City needs supervised summer playground activities for youth. WHEREAS, the YMCA 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 YMCA as follows: 1. Services. The City and YMCA will jointly initiate a summer playground program for five (5) to twelve (12) year old youths at Miller Park. The program dates will be during the period of June 18, 2001 through August 17, 2001. Special areas of responsibility for both the City and the YMCA are contained and described in Exhibit "A," which is attached and hereby incorporated into this Agreement. 2. Consideration. The City agrees to compensate YMCA for Services rendered hereunder according to the payment schedule labeled Exhibit "B," which is attached and hereby incorporated into this Agreement. The YMCA shall submit satisfactory documentation (invoices/billings) to the City Recreation Supervisor prior to payment. The City shall make the required disbursement to YMCA within thirty (30) days after receiving said documentation. 3. Term. The term of this Agreement shall commence on the 18th day of June, 2001, and terminate at midnight, September 30, 2001, unless sooner terminated by either party in accordance with Section 17. 4. Independent Contractor Status of YMCA. YMCA and the City understand and expressly agree that YMCA is an independent contractor in the performance of each and every part of this Agreement. YMCA, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, YMCA 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 benefits. Nothing contained Page - 1 pk)agr-YMCA 01 -pm herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between ymca or any officer, employee or agent of YMCA and the City. 5. Right to Inspect and/or Audit Financial Records. YMCA shall maintain records and documents necessary to assure the proper accounting of all funds paid to YMCA pursuant to this Agreement. The City or any of its duly authorized representatives shall have a right to access such records and documents for the purpose of making an inspection, an audit and/or copies. All such records and documents shall be retained and available for inspection, audit and copying by the City during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. In the event that any such inspection or audit identifies any discrepancy in the accounting of funds paid to YMCA under this Agreement, YMCA shall provide the City with appropriate written clarification and financial adjustment within thirty (30) calendar days of notification from the City of the discrepancy. 6. Taxes and Assessments. YMCA 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, YMCA shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, YMCA 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. 8. The Americans With Disabilities Act. YMCA agrees to 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 Chapter 49.60 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. 9. Compliance With Law. YMCA 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. Page -2 (Ik)agr-YMCA 01 -pm 10. No Insurance. It is understood the City does not maintain liability insurance for YMCA and/or its employees. 11. Indemnification and Hold Harmless. The YMCA 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 attorney's fees and court costs) arising out of, relating to, or resulting from the YMCA's performance or non-performance of the services, duties and obligations required of it under this Agreement. 12. Liability Insurance. On or before date this Agreement is fully executed by the parties, YMCA 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. 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by YMCA 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 YMCA 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. 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 Page - 3 (1k)agr-YMCAOt-pm amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 16. Non -Waiver. The waiver by YMCA 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. 17. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days advance written notice of termination. 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 YMCA: Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Yakima Family YMCA 5 North Naches Avenue Yakima, WA 98901 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. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page -4 (1k)agr-YMCA 01 -pm CITY OF YAKIMA YAKIMA FAMILY YMCA By: �� � By: Dick Zais, City Manager Its: Dated: s— —o ATTEST: City Clerk 5-i , -o/ City Contract No. 2001-51 Resolution No. R-2001-77 STATE OF WASHINGTON ) :ss. County of Yakima 305ZPH- 7— I certify that I know or have satisfactory. evidence that (RACBr 0 f is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/sem was authorized to execute the instrument and acknowledged it as the of Yakima Family YMCA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 6 Page - 5 Okbgr-YMCA 01 -pm Print Name: 77l4S- £L/ rl,A OTARY PUBLIC in and for the State Washington, residing at »KII(4 commission expires:C--/- 115" 0 NOTARY PUBLIC ATTACHMENT "A" Areas of Responsibilities: 1. The City of Yakima Parks & Recreation Division shall: A. Assist the YMCA in determining the scope of the program. B. At the conclusion of the program, meet with the YMCA to evaluate the program and make recommendations for future offerings. C. Pay the YMCA within thirty (30) days of receiving an itemized bill for services rendered according to Attachment "B." 2. The YMCA of Yakima shall: A. Operate a summer recreational playground program at Miller Park from June 18, 2001 through August 17, 2001. Hours of operation are 10:30 a.m. to 5:30 p.m., Monday through Friday, for a total of eight (8) weeks, June 18 - August 17, 2001. 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 - Page - 6 (1k)agr-YMCA 01 -pm 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. Page -7 (Ik)ag-YMCA 01 -pm ATTACHMENT "B" Payment Schedule: 1. The City of Yakima Parks & Recreation Division shall: A. Pay the YMCA of Yakima costs up to a maximum of Six Thousand Dollars ($6,000.00). B. Make disbursement to the YMCA of Yakima within thirty (30) days, after receiving an itemized invoice/billing. 2. The YMCA of Yakima shall: A. Provide an itemized invoice/billing to the City's Recreation Supervisor for the 2001 summer playground program on or before September 1, 2001. B. Provide a final written financial report to the City's Recreation Supervisor for the 2001 summer playground program on or before September 30, 2001. 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. Page - 8 Qk)agr-YMCA 01 -pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * r For Meeting of: May 15, 2001 ITEM TITLE: Resolution Authorizing an Agreement with the Yakima Family YMCA to Provide a Summer Playground Program at Miller Park SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Attached is the 2001 Agreement between the City of Yakima and the Yakima Family YMCA for free summer playground activities at Miller Park. This agreement provides $6,000 to help underwrite the YMCA's nine -week program for children five to twelve years old. The YMCA will be responsible for planning and implementing the playground program including staffing, equipment, supplies and promotion. Resolution X Ordinance Other (Specify) Agreement Contract X Mail to (name and address): Terry Rasberry, Yakima Family YMCA, 5 North North Naches Avenue, Yakima, WA 98901 Phone: (509) 248-1202 Funding Source: Parks cf Recreation Fund - $6,000 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully suggests adoption of the proposed Resolution authorizing execution of the attached Agreement between the City of Yakima and the Yakima Family YMCA for a summer playground program at Miller Park. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-77