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HomeMy WebLinkAboutR-2007-103 Yakima Valley Community College (YVCC) Agreement (re: retired & senior volunteer program)RESOLUTION NO. R-2007- 103 A RESOLUTION 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, 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, 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 "2007 Retired & Senior Volunteer Program Agreement" with YVCC. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2007. ATTEST: Neil McClure, Mayor Pro Tem City Clerk -a1o7/c3 07- 1 53 2007 RETIRED & SENIOR VOLUNTEER PROGRAM AGREEMENT THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a 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 providesaid 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 305 senior citizens within the City of Yakima. YVCC will provide volunteer support in the form of meal reimbursement, auto liability and excess medical insurance, and volunteer recognition for retired and senior citizens providing assistance with various senior center activities, such as arts and craft expertise, coffee and food services; and support services associated with social activities. 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, 2007 and December 31, 2007. Said payments are expressly conditioned upon YVCC providing the City with satisfactory services hereunder and documentation (invoices/billings) for each payment by June 1, 2007, and November 1, 2007, 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. Theterm of this Agreement shall commence upon execution hereof, and terminate on midnight December 31, 2007, unless sooner terminated by either party in accordance with Section 13 below. 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. 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 Page 1 of 5 (ms)agr-rsvp 5-06.pm 07-153 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 illegally 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. (AErA), 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. 8. Compliance With Law. YVCC 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. 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. Legal Relations. a. YVCC agrees to be responsible for any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of YVCC, its officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the terms and conditions of this Agreement, including but not limited to the use of the Property by YVCC. b. City agrees to be responsible for any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the City, its officers, elected officials, employees, and agents in connection with Page 2 of 5 (ms)agr-rsvp 5-06.pm ®7-153 or incidental to the performance or non-performance of terms and conditions of this Agreement. c. In the event that the officials, officers, agents, and/or employees of both YVCC and City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 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. 13. Termination. a. Termination of Agreement for Cause. If, through any cause, either party shall fail to fulfil 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. Either party may terminate this Agreement for convenience and without cause 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. c. Termination/ Reduction of Services Due to Withdrawal, Reduction or Limitation of Funding. In the event that funding from any source is withdrawn, reduced and/or limited in any way after the effective date of and prior to completion of this Agreement, the City may unilaterally reduce the scope of services, work and compensation of this Agreement, or summarily terminate this Agreement notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon hand delivery or delivery by facsimile of a written notice of termination to YVCC, or three (3) calendar days after mailing (by first class mail) of a written notice of termination to YVCC, whichever is sooner. 14. Non -Waiver. 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. Page 3 of 5 (ms)agr-rsvp 5-06.pm a�� ®7®1 53 15. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the City determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, the City may, in its sole discretion, terminate this Agreement. 16. 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 reducecl to writing and executed by the 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 230.1 Fruitvale Boulevard Yakima, WA 98902 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 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. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. Page 4 of 5 (ms)agr-rsvp 5-06.pm CITY OF YAKIMA By: Date: Al LEST: . Zais, r., City Manager YAKIMA VALLEY COMMUNITY COLLEGE By, ®7®153 Date: City Contract No. 0200 7- 60 Resolution No. /'27- /D,3 Page 5 of 5 (ms)agr-rsvp 5-06.pm • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *g For Meeting of: July 17, 2007 Resolution Authorizing an Agreement with Yakima Valley Community College (YVCC) for Retired and Senior Volunteer Program (RSVP) Support Services 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 a resolution authorizing the 2007 Retired and Senior Volunteer Program (RSVP) Agreement sponsored by Yakima Valley Community College (YVCC) to provide senior volunteer services for various senior center activities, such as arts and craft expertise, coffee and food services; and support services associated with social activities. This agreement provides $3,000 for support of volunteer programs by assistingwith meal reimbursement, auto liability and excess medical insurance, along with volunteer recognition for 305 senior citizens residing within the City of Yakima. Funding for this agreement is included within the City's 2007 Budget appropriation. Resolution X Ordinance Other (Specify) 2007 RSVP Agreement Contract X Mail to (name and address): Assistant to the President, YVCC , P 0 Box 22520, Yakima WA 98907 Funding Source: Parks and Recre APPROVED FOR SUBMITTAL: \ `udget (Senior Center Service Unit) • City Manager STAFF RECOMMENDATION: Staff respectfullyrequests adoption of the Resolution authorizing execution of the attached 2007 Retired and Senior Volunteer Program (RSVP) Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-103