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HomeMy WebLinkAboutR-2002-085 Yakima Valley Community College (YVCC) Agreement (re: Retired & Senior Volunteer Program [RSVP])A RESOLUTION RESOLUTION NO. R-2002- 85 authorizing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Yakima Valley Community College (YVCC), for the purpose of providing, through its Retired and Senior Volunteer Program (RSVP), volunteer support to senior citizens within the City of Yakima. WHEREAS, the City recognizes the need to provide support to senior citizens within the City of Yakima; and WHEREAS, the City does not have the staffing levels necessary to provide such support services; and WHEREAS, Yakima Valley Community College (hereinafter "YVCC,") through its Retired and Senior Volunteer Program (hereinafter "RSVP,") has the experience and expertise necessary to provide said volunteer services and agrees to perform these services for the City under the terms and conditions set forth in this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with YVCC for support services to senior citizens 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 and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated "2002 Retired and Senior Volunteer Program (RSVP) Agreement" with YVCC. ADOPTED BY THE CITY COUNCIL this 2nd of July 2002. ATTEST: City Clerk Resolution -RSVP services/ms Mary mace, Mayor 2002 RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) AGREEMENT THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Yakima Valley Community College (hereinafter "YVCC"). WHEREAS, the City recognizes the need for senior volunteer services. WHEREAS, YVCC, through its Retired and Senior Volunteer Program (hereinafter "RSVP"), has the experience and expertise necessary to provide said volunteer services 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 RSVP as follows: 1. Services. YVCC, through RSVP, shall provide volunteer support to approximately 350 senior citizens within the City of Yakima. YVCC will provide volunteer support in the form of mileage and meal reimbursement, and volunteer recognition. Special areas of responsibility for both the City and RSVP are contained and described in Exhibit "A," which is attached and hereby incorporated into this Agreement. 2. Consideration. In compensation for all services provided by YVCC hereunder, the City shall pay YVCC a total of Three Thousand Dollars ($3,000.00). Said sum shall be paid in two agreed installments of Fifteen Hundred Dollars ($1,500.00) on July 1, 2002 and December 31, 2002. Such payments are expressly conditioned upon YVCC providing the City with satisfactory services hereunder and documentation (invoices/billings) for each payment by June 1, 2002, and November 1, 2002, respectively. Additionally, in consideration for all services provided by YVCC hereunder, the City shall provide Two Thousand Dollars ($2,000.00) worth of "in-kind" support for the RSVP program. While the City appreciates input from YVCC, the City shall have sole and final discretion as to the determination of the type and value of the in-kind support, and the manner in which the in-kind support shall be provided. 3. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at 12:00 p.m., on December 31, 2004, unless sooner terminated by either party in accordance with Section 17. 4. Status of YVCC. YVCC and the City understand and expressly agree that YVCC is an independent contractor in the performance of each and every part of this Agreement. YVCC and its employees or volunteers shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. Page 1 of 4 Ms/2002 5. Taxes and Assessments. YVCC 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, YVCC shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, YVCC shall not discriminate 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, and selection for training. 7. The Americans With Disabilities Act. YVCC 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. YVCC agrees to perform all 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 YVCC and its employees or volunteers. 10. Statement of Self -Insurance. The State of Washington, including all of its agencies and departments, is self-insured for all exposure to tort liability, property damage liability, and vehicle liability as provided for in the Risk Management Act, Revised Code of Washington, Chapter 43.19.19362. The Tort Claims Act, RCW 4.92 et seq. provides the fundamental remedy for all liability claims against the State. Such claims must be filed with the State Office of Risk Management for processing according to statute. 11. Mutual Indemnity and Hold Harmless. YVCC agrees to assume responsibility for any acts of its employees, officers, agents, and attorneys for which it would be deemed legally liable. The City agrees to assume responsibility for any acts of its employees, officers, agents, and attorneys for which it would be deemed legally liable. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by YVCC 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 YVCC stated herein. Page 2 of 4 Ms/2002 13. Termination. a. Termination of Agreement for Cause: If, through any cause, either party shall fail to fulfill in a timely and proper manner, its obligation under the Agreement, or if either party shall breach any of the covenants, agreements, assurances or stipulations of the Agreement, the other party shall have the right to terminate this Agreement by giving written notice to the breaching party of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. b. Termination of Agreement for Convenience of the District: Either party may terminate this agreement by giving written notice to the other party of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. 14. Waiver of Terms. The waiver by YVCC 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. 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 YVCC. 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. 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 YVCC: Parks & Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Blvd. Yakima, WA 98902 (509) 575-6020 Assistant to the President YVCC P.O. Box 22520 Yakima, WA 98907 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. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Page 3 of 4 Ms/ 2002 o 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: C _. Dick Zais, City Mager DATE: ATTEST: City Clerk City Contract No. Resolution No. 4,0,e-- 45— Page 4 of 4 Ms/2002 YAKIMA VALLEY COMMUNITY COLLEGE JUN -19-02 WED 09:54 AM YVCC FAX:5095746874 PAGE 1 Total Enrollment, Hours, and Reimbursement 01/01/2002. 05/31/2002 Filter: Yakima Vols 502 Number of volunteers enrolled at the end of the period 258 Number of volunteers actively serving during the period 25 Number of volunteers enrolled during this period 37 Number of volunteers inactivated this reporting period -12 Total net gain of volunteers (negative number indicates a net loss) 30,215.80 Total volunteer hours served during this period 0.00 $ Value wage for hours served during this period Number of volunteers requesting reimbursement and/or making in-kind contributions 121 Total 114 Mileage 6 Bus 0 Van 0 Taxi 19 Meals 0 Parking/Tolls 0 Other Number of volunteers requesting reimbursement 102 Total 06/19/2002 Page 1 95 Mileage 6 Bus 0 Van 0 Taxi 17 Meals 0 Parking/Tolls 0 Other Post-itm Fax Note 76711 Date G. (C1 �a1` IP'.j Top .€4‘,15 e. 1\1 t c 015 From Co. erte. IAS i15.01,1 1Z5v F co.roo► et..4r (, S ri A e -C. Phone# 5-7s—...!!!Ozit, t2r3 Phone O Fax # / 5" to 4.► q Fax # _5#7---4872- Number of volunteers making in-kind contributions 62 Total 62 Mileage 0 Bus 0 Van 0 Taxi 2 Meals 0 Parking/Tolls 0 Other Reimbursement amounts In..kind contribution amounts 3,179 72 Total 1,750.79 Total 2,624.72 Mileage 1,703.79 Mileage 85.00 Bus 0,00 Bus 0.00 Van 0,00 Van 0 00 Taxi 0.00 Taxi 470 00 Meals 47 00 Meals 0 00 Parking/Tolls 0,00 Parking/Tolls 0.00 Other 0 00 Other BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 4 d Item No.I745:..J, For Meeting of: July 2, 2002 ITEM TITLE: Resolutions Authorizing Agreements for Parks and Recreation Programs with Outside Agencies as Approved During the City's 2002 Budget Process SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/i ELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of three resolutions authorizing execution of agreements with the following outside agencies: 1, Allied Arts Council of Yakima Valley for a summer arts activities program for youth. This program provides $5,300 for a free summer Arts Van program, which will include regular weekly visits to City parks for visual and performing youth arts activities and a weekly evening art class for families at Franklin Park. Allied Arts has provided this program for over a decade. (Continued on next page) Resolution X Ordinance Other (Specify) 2002 Outside Agencies Agreements Contracts X Mail to (name and address) : See attached Agreements Funding Source: Parks and Recreation Budget (Service Unit) APPROVED FOR SUBMITTAL : City Manager STAFF RECOMMENDATION: Staff respectfully requests adoption of three resolutions authorizing execution of three agreements for Parks and Recreation programs for 2002 with (1) Allied Arts, (2) The Salvation Army, and (3) YVCC. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolutions adopted. Resolutions: RSVP - R-2000-85 Milroy Park - R-2002-86, Summer Arts Van Program R-2002-87, Outside Agencies Page two 2. The Salvation Army for a Summer Playground Program at Milroy Park. This agreement provides $7,000 to help underwrite the Salvation Army's nine -week program for children, five to twelve years of age. The Salvation Army will be responsible for planning and implementing the playground program to include staffing, equipment, supplies, and promotion. 3. Yakima Valley Community College (YVCC) for Retired and Senior Volunteer Program (RSVP) Support Services for the City. This agreement provides $3,000 for support of volunteer programs by assisting with mileage and meal reimbursement and $2,000 worth of in-kind services recognizing 350 senior volunteers residing within the City of Yakima. Funding for these programs were approved during the 2002 Budget process.