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HomeMy WebLinkAboutR-2015-017 Tennis Programs Agreement with the United States Tennis Association-Pacific NorthwestA RESOLUTION RESOLUTION NO. R-2015-017 authorizing and directing the City Manager to execute Agreement between the City of Yakima and the United States Tennis Association -Pacific Northwest for the purpose of providing tennis programs for residents of the City in conjunction with the City of Yakima Parks and Recreation Division WHEREAS, the City is a municipal corporation of the State of Washington with City Hall located at 129 North 2nd Street, Yakima, Washington 9890; and WHEREAS, USTA-Pacific Northwest is a nonprofit organization with regional headquarters at 9746 SW Nimbus Ave., Beaverton, OR 97008, and WHEREAS, USTA-Pacific Northwest has for many years promoted the sport of tennis within the United States, and is able and willing to provide such services for residents of the City in conjunction with the City's Parks & Recreation Division, and WHEREAS, City and USTA-Pacific Northwest desire to enter into an agreement for the provision of such services by USTA-Pacific Northwest; and WHEREAS, it is in the best interest of the City of Yakima to execute 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 Agreement between the City of Yakima and the United States Tennis Association -Pacific Northwest" for the purpose of providing tennis programs for residents of the City in conjunction with the City of Yakima Parks and Recreation Division for the period from January 1, 2015 through January 31, 2018 ADOPTED BY THE CITY COUNCIL this 3rd day of February, 2015. ATTEST: Micah Cavyfey, Mayor AGREEMENT BETWEEN THE CITY OF YAKIMA AND UNITED STATES TENNIS ASSOCIATION -PACIFIC NORTHWEST THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima (hereinafter the "City") a Washington municipal corporation, and United States Tennis Association -Pacific Northwest (hereinafter "USTA-Pacific Northwest"). I. Recitals A. City is a municipal corporation of the State of Washington with City Hall located at 129 North 2nd Street, Yakima, Washington 98901. B. USTA-Pacific Northwest is a nonprofit organization with regional headquarters at 9746 SW Nimbus Ave., Beaverton, Oregon 97008. C. USTA-Pacific Northwest has for many years promoted the sport of tennis within the United States, and is able and will to provide such services for residents of the City in conjunction with the City's Parks & Recreation Division. D. City and USTA-Pacific Northwest desire to enter into an agreement for the provision of such services by USTA-Pacific Northwest. II. Agreement WHEREFORE, in consideration of the mutual covenants, conditions and benefits herein the parties agree as follows: 1. Services. City and USTA-Pacific Northwest shall cooperatively provide the following services: A. City Services. City will provide the following services • City will provide free access for USTA-Pacific Northwest to Kissel Park and Franklin tennis courts and community center gyms in accordance with an agreed schedule City will provide priority to USTA-Pacific Northwest when scheduling such facilities for tennis programs and use. • Work with USTA-Pacific Northwest to attract and recruit seasonal staff and volunteers; those hired shall be part-time employees of USTA-Pacific Northwest, and not employees of City. • On-site or nearby storage space for USTA-Pacific Northwest equipment and program materials. 1 • Co -promote program offerings through City platforms including free advertisement on website, seasonal program books, online catalogues, email blast among others. • Allow usage of City of Yakima logos and marks and be listed official partner B USTA-Pacific Northwest Services. USTA-Pacific Northwest will provide the following services: • Schedule and deliver play opportunities for all ages and ability levels in accordance with the "Menu of Program Offerings" and goals set forth in USTA- Pacific Northwest's Proposal attached hereto as Exhibit "A" and incorporated herein by this reference. • Recruit, train, schedule and pay selected seasonal instructors and coaches. Such seasonal instructors and coaches shall be deemed for all purposes to be employees solely of USTA-Pacific Northwest. • Process participant registrations and payments through USTA-Pacific Northwest online system. • Provide free age/skill-appropriate tennis equipment during all USTA-Pacific Northwest programs and activities. • Market and promote City tennis programs in accordance with the terms of USTA-Pacific Northwest's Proposal set forth in Exhibit "A". • Allow City usage of USTA logos and marks and list City as official USTA-Pacific Northwest partner. • Address all general program inquiries and administrative details of USTA-Pacific Northwest programs. • USTA-Pacific Northwest will tender and pay to City twenty percent (20%) of USTA-Pacific Northwest's net revenue generated from USTA-Pacific Northwest's recreational programs conducted within the City. Payment of such amount shall be in accordance with a schedule mutually agreed by the parties and shall be accompanied by a report detailing gross revenues, expenditures and calculation of net revenue. Unless the parties mutually agree otherwise, payment shall be made quarterly, with the calendar quarters ending March 31, June 30, September 30 and December 31 of each year. 3. Consideration. The mutual promises, conditions and benefits stated above constitute good and sufficient consideration for this Agreement. 2 4. Term. This Agreement shall commence on January 1, 2015, and shall terminate at midnight on January 31, 2018, unless sooner terminated in accordance with Section 18 of this Agreement. 5. Status of USTA-Pacific Northwest. USTA-Pacific Northwest and the City understand and expressly agree that USTA-Pacific Northwest is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of USTA- Pacific Northwest shall act on behalf of or represent him or herself as an agent or representative of the City. USTA-Pacific Northwest, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. USTA-Pacific Northwest expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test setforth in RCW 51.08.195. USTA-Pacific Northwest and its officers, employees, volunteers, agents and/or subcontractors 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 herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between USTA-Pacific Northwest and the City. 6. Inspection and Audit — Public Disclosure. USTA-Pacific Northwest shall maintain books, accounts, records, documents and other evidence pertaining to the consideration paid 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 USTA-Pacific Northwest 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. Provider 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. USTA-Pacific Northwest understands and agrees that records maintained by USTA-Pacific Northwest pertaining to programs conducted by USTA-Pacific Northwest in and on behalf of the City will be considered public records subject to disclosure under the State of Washington Public Records Act, Chapter 42.56 RCW. USTA-Pacific Northwest will cooperate with City to assure timely production and disclosure of any records in USTA-Pacific's possession subject to disclosure under the Public Records Act. 7. Taxes and Assessments. USTA-Pacific Northwest 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, USTA-Pacific Northwest shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, USTA-Pacific Northwest 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, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other 3 classification protected under federal, state, or local law. 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. 9. The Americans with Disabilities Act. USTA-Pacific Northwest 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. 10. Compliance With Law. USTA-Pacific Northwest 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. 11. No Conflict of Interest. USTA-Pacific Northwest covenants that neither it nor its employees 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. USTA-Pacific Northwest further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 12. No Insurance. It is understood the City does not maintain liability insurance for USTA- Pacific Northwest and/or its employees. 13. Indemnification and Hold Harmless. USTA-Pacific Northwest agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, and employees (hereinafter "parties protected") from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to USTA-Pacific Northwest's provision of services, work or materials pursuant to this Agreement. USTA-Pacific Northwest further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder. 14. Insurance. On or before the effective date of this Agreement, USTA-Pacific Northwest shall provide the City with a certificate of insurance as proof of liability insurance in the amount of Two Million Dollars ($2,000,000.00) 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 and appointed officials, 4 officers, agents, employees and volunteers 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. The insurance company shall be either admitted in the State of Washington or a licensed surplus lines insurance company in the State of Washington. If the City is damaged by the failure of USTA-Pacific Northwest to maintain the above insurance or to so notify the City, then USTA-Pacific Northwest shall bear all costs attributable thereto. If requested, USTA-Pacific Northwest shall provide the City with a complete copy of the policy. 15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by USTA-Pacific Northwest 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 USTA-Pacific Northwest stated herein. 16. Non -Waiver. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 17. 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. 18. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) days prior written notice of termination. In the event of such termination, City shall be compensated for twenty percent (20%) of USTA-Pacific Northwest's net revenues as described in Section 1(B) through the effective date of termination The provisions of Section 13 pertaining to obligations of indemnity and hold harmless shall survive termination of this Agreement. 19. Survival. Any provision of this Agreement that 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. 20. 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: Ken Wilkinson Parks & Recreation Manager City of Yakima Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575-6020 5 TO USTA-Pacific Northwest: USTA-Pacific Northwest 9746 SW Nimbus Ave. Beaverton, Oregon 97008. 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. 21. Third Parties. The City and USTA-Pacific Northwest are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons 22. 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. USTA-Pacific Northwest's Proposal attached hereto as Exhibit "A" and incorporated herein shall be deemed part of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of such Proposal, the provisions of this Agreement shall control. 25. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 26. 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 O;t:KIMA / I USTA-PACIFIC NORTHWEST B O'Rourke City Manager Date: ?1,14( [5 ATTEST By: China Kirk, Associate Executive Director Date: / /// /S CITY CONTRAC i NO s- .RESOLUTION NO: Sonya Iaar Tee, City CI = rk)✓: fTtv,� � i ♦ 6 PACIFIC NORTHWEST Partnership Proposal Enriching the lives of Yakima citizens by providing health and wellness opportunities through quality and affordable tennis programming Elece Fiocchi November 2014 PN Page 2 Partnership Proposal United States Tennis Association Pacific Northwest (USTA/PNW) seeks to partner with the City of Yakima. By leveraging resources from both nonprofit organizations, tennis can help get kids, teenagers, families, and seniors into the parks, having fun, and staying active year-round. In exchange for free access to Kissel Park and Franklink Park tennis courts and other agreed upon community facilities (gyms, schools), the benefits to the City of Yakima include: 1. Forward mission to get more kids, teens, families and seniors playing in the parks 2. New revenue stream for City of Yakima 3. New capital investment and dollars for courts rehabilitation and maintenance 4. Reduce/eliminate expenses and resources associated with staffing, operations, registration 5. Increase awareness of City of Yakima with community and stakeholders About USTA Pacific Northwest, 501c3 USTA Pacific Northwest Established in 1881, the USTA is the national governing body for the sport of tennis and the recognized leader in promoting and developing the sport's growth on every level, from local communities to the crown jewel of the professional game, the US Open. USTA is the largest tennis organization in the world, with more than 770,000 individual members, 8,000 organizational members, and 17 geographical sections, including USTA Pacific Northwest. is headquartered Beaverton, Oregon, and is a nonprofit, 501c3 organization whose mission is to promote and develop the growth of tennis. USTA/PNW forwards its mission throughout Washington, Oregon, Alaska, and Idaho in four distinct ways: • Provide year-round pathway of fun, accessible, affordable play opportunities • Partner with providers and community organizations such as Parks ft Recreation and Schools • Facilitate social, entry-level, and formalized competitive events and leagues for all levels • Collaborate with providers to promote benefits such as health and wellness and life skills Overview With the goal of expanding on our prior discussions regarding a formal partnership, this proposal offers a comprehensive vision for tennis in the City of Yakima through the following sections: I. Why Tennis? II. Partnership Overview III. Menu of Program Offerings IV. Marketing and Increased Awareness V. Future Value -Add VI. Next Steps November 2014 IVTAPN page 3 I. Why Tennis? Tennis was the fastest growing traditional sport in the country; in fact it was the only sport whose participation increased since 2000. han•e from 2000 to 201 -42% Traditional Sports +31% TENNIS ■ Gymnastics ID Ice Hockey ■ Soccer (any) ■ Racquetball ■ Basketball Fishing (freshwater /Other) ■ Golf (9/18 hole course) Badminton Baseball ■ Football (Tackle) Softball (slow pitch) Source: 2012 Physical Activity Council (SGMA, SIA, IHRSA. NGF, OF) Digging deeper, the 2013 Tennis Participation Survey conducted by The Tennis Industry Association (TIA) confirmed the fact that over half of tennis players played in public parks. Additionally, the NRPA estimates that 70% of all tennis is played on park and recreation public courts. These trends point to an existing pool of potential participants that LISTA/PNW and City of Yakima can engage in order to create a new, diverse player pipeline for the outdoor public parks. In fact, USTA/PNW recently contracted a third party to conduct market research and results were as follows: • 799,392 total tennis players in Pacific Northwest • 20% played at least 21 or more times per year; most played between 4 to 20 times (53%) • 15.1 million people ages 6 and up live in PNW; more than 5% reported playing tennis in 2012 • Pacific Northwest tennis players are more likely to be Hispanic between the ages of 18 to 24 • USTA program participation increased at a rate of 10% or more for last consecutive five years • About 5% of Pacific Northwest non -tennis players reported an interest in playing tennis November 2014 IICTAPN page 4 Benefits of Tennis Across All Socio -Economic Levels WHY TENNIS? USTA SERVES SPECIAL REPORT MORE THAN A SPORT - TENNI EDUCATION AND HEALTH. is the first nationwide. study to compare tt i<: . and health profiles of youth tennis participants with participants in other contact and non -contact sports as well as students who do not participate in sports 54,048 4,278 NCLUDED YOUTH WHO PLAY TENNIS... Get Better Grades 48% HAVE AN "A" AVERAGE Have college aspirations 81% SAY THEY WIII AIIENU COI tEGE Spend more More say they will time studying graduate from college ARE HEALTHY AND TO RISKY BEHAVIORS Are more Are better community -minded behaved and well-rounded 73% HAVE NEVER BEEN SENT TO THE PRINCIPAL'S OFFICE Fewer are suspended or expelled 82% VOLUNTEER N 1111113 COMMUVIItI S More are engaged in extracurricular activities Less binge drinking, cigarette smoking and marijuana use and are less likely to be overweight or at-nsk tor being overweight TENNIS PARTICIPATION POSITIVELY INFLUENCES THE LIVES OF U.S. YOUTH ACROSS ALL SOCIOECONOMIC LEVELS. ovember 2014 ';CTAPN page 5 11. Partnership Model Snapshot The partnership between the City of Yakima and the United States Tennis Association Pacific Northwest (USTA/PNW) is designed to meet the following objectives. • Serve City of Yakima citizens and constituents • Provide health and wellness opportunities and attract constituents to the parks • Effectively utilize resources to create and sustain a fun, quality and affordable year round play pathway for all ■ Initiate and grow community interest in the lifelong game of tennis • Develop long-term symbiotic relationship The City of Yakima will: ■ Provide free access to Kissel Park and Franklink Park tennis courts and community center gyms during agreed schedule ■ Work with USTA/PNW to attract and recruit seasonal staff and volunteers; those hired are part-time employees of USTA/PNW ■ Provide on-site or nearby storage space for USTA/PNW equipment and program materials • Co -promote program offerings through City of Yakima platforms including free advertisement on website, seasonal program books, online catalogues, email blast among others ■ Allow usage of City of Yakima logos and marks and be listed official partner The USTA Pacific Northwest will: • Schedule and deliver play opportunities for all ages and ability levels ■ Recruit, train, schedule and pay selected seasonal instructors and coaches • Process participant registrations and payments through USTA/PNW online system • Provide free age/skill-appropriate tennis equipment during all programs and activities • Market and promote City of Yakima tennis programs • Allow usage of USTA logos and marks and be listed as official USTA/PNW partner ■ Address all general program inquiries and administrative details of USTA/PNW programs • Split net revenue - 20% of net revenue from recreational programs within the city will be paid to the City of Yakima November 2014 PN page 6 III. Menu of Program Offerings USTA/PNW offers a pathway of play opportunities for all ages and abilities in order to encourage participants to experience tennis as a lifelong sport. Below are a few of our program offerings and please note that our local staff person will design a program menu that works best for your community: Tennis Afterschool Zone (TAZ): TAZ is a quality, affordable afterschool tennis program delivered by the USTA/PNW in partnership with local parent teacher groups and school districts. Children have fun and stay active as they learn the rules of tennis and basic strokes in a safe and friendly environment. The curriculum also includes lessons in character development, cooperation, life skills and healthy lifestyles. The program meets all state and federal after-school standards, and, via a scholarship program, is accessible for every child who wants to play. TAZ is offered in a school gym or multipurpose room using the USTA's 10 and Under Tennis format. Family Friendly Tennis: Family Friendly is an affordable tennis program designed to teach the fundamentals of tennis to new and rusty players in a fun and interactive group environment. The high-energy, festive program is led by USTA-trained instructors, and age-appropriate equipment is provided. When families arrive at the program site, a greeter sends each parent and child to the tennis court that matches their age and skill level. At the end of the day, families play together on the same court to show off their improved skills. Pricing includes up to four family members. Play to Learn: Play to Learn is an affordable program that makes tennis accessible to anyone who would like to learn or improve at the sport. All equipment is provided, and the non-competitive format creates a welcoming environment for new and returning players. Sessions are segmented by age groups for kids and skill level for adults, and are held in local public parks and community centers. Summer Camps: These half-day or full-day camps provide children with healthy, enjoyable activity at an affordable price. Delivered through our partnership with local parks and rec organizations, USTA/PNW Summer Camps teach the basics of tennis in a fun format along with outdoor games and swimming where available. All equipment is provided and sized for child use, using the USTA 10 and Under format. Recreational Leagues: Local recreational leagues can be developed for adults and juniors who look to make the next step towards competitive play. This program is seen as a hybrid between the recreational program offerings listed above and the competitive options listed below. USTA Adult Leagues: USTA League is the country's largest competitive tennis league, providing organized, structured team matches for men and women of all ability levels. Levels are based on the National Tennis Rating Program (NTRP), which assures players compete against someone of comparable ability. USTA League features local, area and sectional championships culminating in a national championship. USTA Junior Team Tennis: USTA Junior Team Tennis is the largest youth tennis program in the country, helping girls and boys ages 6 to 18 get in the game, get on the court, and have a good time. Players register on teams and the emphasis is on skill development, fun, teamwork and friendly competition, all with the possibility of advancing to the national championship. November 2014 !"cTAPN page 7 IV. Micro -Targeting City of Yakima In order to best capitalize on, and market to, the participant pools identified above USTA/PNW has designed a micro -targeting and marketing strategy, which includes multiple platforms. These shared services are an example of additional value -add available through partnering with USTA/PNW. The goal of increasing the total number of kids, teens, families, and seniors playing will be supported as follows: • Develop comprehensive community analysis and marketing/public relations strategies for each neighborhood park • Determine positioning to increase participation in tennis programs in the parks ■ Understand how families choose activities, particularly decision -marking women ages 24-40 ■ Understand how demographic differences effect motivations, attitudes, how decisions are made, and uncover prevalent trends in thought and opinion V. Future Value -Add As a nonprofit, USTA/PNW is in a unique position to bring the following value -add to partnership: • Grants to paint blended lines on tennis courts, gymnasiums, blacktops, etc. • Grants for basic facility improvements and to resurface existing tennis courts. • Joint fundraising efforts including: fundraising, grant writing, events and more. • Access to discounted tennis equipment (approximately 75% discount from retail) for public schools and PE teachers who wish to purchase equipment outside of programs ■ Health and wellness curricula co -written by esteemed youth expert, Dr. Robert P. Pangrazi Director of Educational Development Walk4Life, Inc. ■ Educational/life skills curricula tied to Common Core State Standards and the 215` CCLC VI. Next Steps To make the process as simple as possible, United States Tennis Association Pacific Northwest has drafted the attached "Cooperation Agreement" and a "Draft Program Schedule" which provides details to our verbal agreement. Please sign and mail to the Cooperation Agreement to: USTA/PNW Attn: Elece Fiocchi 9746 SW Nimbus Avenue Beaverton, OR 97008 If you have any questions or would like to discuss further, please contact Elece Fiocchi, at 509-221- 0823 or efiocchi@pnw.usta.com. Thank you in advance for your review and support of growing the game of tennis. We look forward to partnering with you. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S.G. For Meeting of: February 03, 2015 ITEM TITLE: SUBMITTED BY: Resolution authorizing agreement with United States Tennis Association -Pacific Northwest for purposes of providing tennis programs for residents in conjunction with the Parks and Recreation Division Scott Schafer, Director of Public Works Ken Wilkinson, Parks and Recreation Manager- (509) 576- 6416 SUMMARY EXPLANATION: United States Tennis Association -Pacific Northwest (USTA-Pacific Northwest) has for many years promoted the sport of tennis within the United States, and is able and willing to provide such services for residents of the City in conjunction with the City's Parks &Recreation Division. The City will allow free access for USTA-Pacific Northwest to Kissel Park and Franklin tennis courts and community center gyms in accordance with an agreed schedule. In tum, USTA- Pacific Northwest will tender and pay to the City twenty percent of net revenue generated from recreational programs conducted within the City. Attached is a cover memo and the Agreement with the United States Tennis Association -Pacific Northwest to provide tennis programs in conjunction with City of Yakima Parks and Recreation for the period from January 1, 2015 through January 31, 2018. Resolution: X Other (Specify): Contract X Start Date: January 1, 2015 Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Ordinance: Contract Term: 3 year End Date: January 31, 2018 Amount: USTA-Pacific Northwest will tender and pay to the City twenty percent of net revenue generated from recreational programs conducted within the City. Partnership Development Insurance Required? Yes Mail to: Jenise Sanders, Parks and Recreation Admin. Secretary Phone: 509-575-6164 APPROVED FOR SUBMITTAL: .dift City Manager RECOMMENDATION: Yakima Parks and Recreation staff recommend City Council approval of this agreement with United States Tennis Association -Pacific Northwest. ATTACHMENTS: Description Upload Date Type o Cover memo -USTA 1/1612015 Cover Memo ❑ Resolution- USTA Agreement 11312015 Resolution ❑ Agreement USTA 112/2015 Contract Memorandum Date: January 15, 2015 To: Honorable Mayor, Members of City Council, City Manager From: Scott Schafer, Public Works Director Ken Wilkinson, Parks and Recreation Manager Subject: Agreement between City of Yakima and United States Tennis Association -Pacific Northwest USTA-Pacific Northwest has for many years promoted the sport of tennis within the United States, and is able and willing to provide such services for residents of the City in conjunction with the City's Parks & Recreation Division. City will provide the following services: Free access for USTA-Pacific Northwest to Kissel Park and Franklin tennis courts and community center gyms in accordance with an agreed schedule. Priority to USTA-Pacific Northwest when scheduling such facilities for tennis programs and use. Work with USTA-Pacific Northwest to attract and recruit seasonal staff and volunteers; those hired shall be part-time employees of USTA-Pacific Northwest, and not employees of City. On-site or nearby storage space for USTA-Pacific Northwest equipment and program materials. Co -promote program offerings through City platforms including free advertisement on website, seasonal program books, online catalogues, email blast among others. Allow usage of City of Yakima logos and marks and be listed official partner. USTA-Pacific Northwest will provide the following services: Schedule and deliver play opportunities for all ages and ability levels in accordance with the "Menu of Program Offerings" and goals set forth in USTA-Pacific Northwest's Proposal. Recruit, train, schedule and pay selected seasonal instructors and coaches. Such seasonal instructors and coaches shall be deemed for all purposes to be employees solely of USTA-Pacific Northwest. Process participant registrations and payments through USTA-Pacific Northwest online system. Provide free age/skill-appropriate tennis equipment during all USTA-Pacific Northwest programs and activities. Market and promote City tennis programs in accordance with the terms of USTA-Pacific Northwest's Proposal. Allow City usage of USTA logos and marks and list City as official USTA-Pacific Northwest partner. Address all general program inquiries and administrative details of USTA-Pacific Northwest programs. USTA-Pacific Northwest will tender and pay to City twenty percent (20%) of USTA-Pacific Northwest's net revenue generated from USTA-Pacific Northwest's recreational programs conducted within the City. Payment of such amount shall be in accordance with a schedule mutually agreed by the parties and shall be accompanied by a report detailing gross revenues, expenditures and calculation of net revenue. Unless the parties mutually agree otherwise, payment shall be made quarterly, with the calendar quarters ending March 31, June 30, September 30 and December 31 of each year.