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HomeMy WebLinkAboutR-1992-D6113 Summer Programs / YMCARESOLUTION NO. D 611. 3 A RESOLUTION authorizing execution of an Agreement with the Young Men's Christian Association of Yakima for a summer playground program. WHEREAS, the Parks and Recreation Division of the Department of Public Works lacks sufficient personnel to conduct supervised playground activities in City parks during the summer of 1992; and WHEREAS, the City Council deems such activities to be healthy and beneficial for the youth of the City; and WHEREAS, the Young Men's Christian Association of Yakima, a Washington non-profit corporation, currently employs staff' skilled in conducting organized youth activities and has offered to provide this expertise to the City of Yakima in return for the services spelled out in this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with the Young Men's Christian Association of Yakima for these services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated 1992 Agreement between the City of Yakima and the Young Men's Christian Association of Yakima for the period from June 15, 1992 to August 14, 1992. ADOPTED BY THE CITY COUNCIL t MAYOR ATTEST: LegalTbd Resolutions RES YMCA 1 IORday of l'AtrY , 1992. FOR OFFICIAL USE ONLY CONTRACT NO: Provider: Address: Phone: Expenditure Code: 1992 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF YAKIMA This Agreement is made and entered into the day of c, 1992, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the "City" and the Young Men's Christian Association of Yakima, a non-profit corporation herein referred to as "YMCA". WHEREAS, the City finds it necessary to contract with the YMCA to provide supervised summer playground activities in City parks during the summer of 1992. WITNESSETH; That in consideration of mutual covenants, promises and agreements, herein contained the parties mutually agree as follows; 1. The duties of activity formulation and supervision are to be performed by the YMCA in conjunction with the City's 1992 summer parks program. The summer parks program shall commence on the 15th day of June, 1992, and terminate on the 14th day of August, 1992. The total number of weeks to be supervised is nine (9). 2. During the performance of this Agreement, the YMCA shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 3. Special areas of responsibilities for both the City and the YMCA are contained in Attachment "A" which is attached and incorporated into this Agreement. 4. It is expressly agreed upon by both parties that the YMCA program staff,are not employees of the City. The YMCA is solely responsible for compensating their employees and complying with all applicable laws related to such employment, including but not limited to payment of Federal Withholding Tax, FICA, Social Security Tax, Assessment for Unemployment and Industrial Injury. 5. It is understood that the City does not maintain liability insurance on the YMCA or its employees. P & R Contracts YMCA 1 6. The YMCA, shall defend, indemnify and hold hanniless the City, its agents, officers, and employees from any and all iia.bility resulting out of the performance of this Agreement. 7. On or before the effective date of this Agreement, the YMCA shall provide to the City's Recreation Supervisor, proof of liability of insurance in the amount of one million dollars that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City as an additional insured. 8. As consideration for the services specified in this Agreement, the City agrees to compensate the the YMCA according to the payment schedule, Attachment "B" which is attached and incorporated into this Agreement. 9. If the YMCA fails to comply with the terms and conditions of this Agreement in such a manner that the Parks and Recreation Manager in his sole discretion deems that the continuation of this Agreement is no longer in the best interest of the City, the City may terminate this Agreement by giving the YMCA five (5) days notice of termination. 10. If the City substantially deviates from the terms and conditions of this Agreement, the YMCA may terminate this Agreement by written notice, giving the City thirty (30) days notice of termination. 11. If for any reason prior to termination of this Agreement as provided herein the YMCA fails to provide the services specified in this Agreement and the City is forced to secure other such services, the YMCA shall be held liable for any and all additional expenses to fulfill their obligation to the City under this Agreement. 12. All notices required by this Agreement shall be deemed properly served when deposited in the United States Mail three (3) days prior to any deadline listed herein, postage prepaid, and addressed to the appropriate party at the addresses listed below. 13. This Agreement constitutes the entire Agreement between the parties. There is no other oral or written Agreements between the parties as to the subjects covered herein. 14. 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 force. 15. Any modification of this Agreement must be in writing and signed by both below signators. P & R Contrails 2 YMCA YOUNG MEN'S CHRISTIAN ASSOCIATION OF YAKIMA Auth:rize• Si ox 2e-eg Address Phone Number CITY OF YAKIMA M e4( 9067 City State Zip Code City Manager ATTEST: CITY CLERK P & R Contracts 3 YMCA 5// 7 /9 Date ATTACHMENT 'A' Areas of Responsibilities: The City of Yakima Parks & Recreation Division shall: A. Promote the 1992 summer playground program within its 1992 Summer Program Guide. B. Provide keys to the YMCA for storage areas at the selected City parks. C. Pay the YMCA for services provided within thirty (30) days after receiving the invoice/bill. 2. The Young Men's Christian Association shall: A. Plan, organize, implement and supervise the 1992 summer playground program, including staff, equipment, supplies and promotion. B. Provide a minimum of two (2) qualified staff persons at each site during the program hours. C. Return all equipment and unused supplies purchased with City funds by August 30, 1992. Equipment and supplies are to be returned to the City's Recreation Supervisor. D. Promote the 1992 summer parks program and include in all promotional materials and information the statement: Funds for this program are provided by the City of Yakima Parks & Recreation Division. Additional funding agencies should also be mentioned. E. Provide five (5) 1992 summer playground programs at the following City locations: Martin Luther King Park, Miller Park, Gardner Park, Garfield School and Larson Park. Program sites may be deleted or added depending on available funds. Final determination will be made by the YMCA and City's Recreation Supervisor by May 1, 1992. F. Solicit additional funding for the 1992 summer playground program from United Way and/or other appropriate funding agencies to fund the five program sites. G. Adhere to the Program Schedule, Attachment "C", which is attached and incorporated into this Agreement. H. Provide three (3) itemized invoices/billings to the City's Recreation Supervisor on or before June 15, 1992, July 15, 1992 and August 30, 1992. I. Provide a written program report and evaluation which, at a minimum, shall contain attendance figures per site per day, an P & R Contracts YMCA 4 ATTACHMENT 'B' PAYMENT SCHEDULE: 1. The City of Yakima Parks & Recreation Division shall: A. Pay the Young Men's Christian Association of Yakima a minimum of ten thousand dollars and no cents ($10,000) and a maximum of twenty thousand dollars and no cents ($20,000) depending upon available funds. Funds for programs will vary according to the dollars raised from the "Pennies for Playgrounds" promotion. The final dollar amount will be determined by the Parks & Recreation Manager by May 1, 1992. The availability of funds will determine the total number of playground sites with a minimum of 4 sites and a maximum of 6 sites. B. Make disbursement to the Young Men's Christian Association of Yakima within thirty (30) days, after receiving an itemized invoice/billing on the following dates: June 15,1992, July 15, 1992 and August 30, 1992. 2. The Young Men's Christian Association of Yakima shall: A . Provide three (3) itemized invoices/billings to the City's Recreation Supervisor for the 1992 summer playground program on or before June 15,1992, July 15, 1992 and August 30, 1992. B. Provide a final written financial report to the City's Recreation Supervisor for the 1992 summer playground program on or before September 30, 1992. 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. P & R Contracts 5 YMCA PROGRAM SCHEDULE: Locations: Times: ATTACHMENT 1. Martin Luther King Park 2. Miller Park 3. Gardner Park 4. Garfield School 5. Larson Park 10:00 a.m. through 4:00 p.m. Six (6) hours total Days of the Week: Monday through Friday Length of Program: 9 weeks beginning June 15, 1992 and ending August 14, 1992. Program Staff Requirements: A minimum of two (2) qualified staff persons per site are to be provided at all times during the scheduled program hours. Each staff person shall cooperate in providing such information as is necessary to complete background checks pursuant to RCW. Contract Deadlines: 1. Itemized invoice/billing due: June 15,1992, July 15, 1992 and August 30, 1992. 2. Return all equipment and supplies: August 30, 1992 3. Program report due: September 30, 1992 4. Financial report due: September 30, 1992. P & R Contracts YMCA 6 YAKIMA PARKS AND RECREATION 1992 SUMMER PLAYGROUND PROGRAMS PROGRAM GUIDELINES PLAYGROUND SITES: HOUR OF OPERATION: PROGRAM DATES: STAFFING: PARTICIPANT AGES: PROGRAM CONTENT: LUNCH PROGRAM: SUPPLIES: Miller Park Martin Luther King Park Gardner Park Garfield School Larson Park 10:00 am to 4:00 pm Mondays through Friday June 15, 1992 - August 14, 1992 Total of 9 Weeks Two trained Playground Leaders per site on duty during all program hours. Activities are to be geared toward the 5-12 year old child. Program activities should be diversified to meet the recreational and social needs of the participants. They may vary per park. Incorporated should be weekly themes, special activities, sports, arts and crafts, music, drama, and low organized games. Daily activities will be planned and organized by the YMCA staff. Children should be encouraged to participate in the free County Lunch Program if one is available close to the designated playground site. One staff person should accompany the children to and from the lunch program. The YMCA will be responsible for purchasing and maintaining all equipment and supplies. A beginning and ending inventory should be kept. PROMOTION: ATTENDANCE: AGREEMENT: All promotional material should include the statement, "Funding for this program is provided by the City of Yakima Parks and Recreation Division." The City shall promote the Playground program in its summer brochure. All other promotion will be the responsibility of the YMCA. Daily attendance records should be kept. These should include number of participants, age, and ethnic background. This data needs to be given to the Recreation Supervisor on a monthly basis. The City will provide the YMCA with an agreement to be signed prior to the start of the program. PROGRAM FUNDING: The maximum cost per playground site will be $5000. Designated funding is as follows: City Funds: $10,00() (confirmed) Pennies for Playgrounds $ 5,000 (confirmed) YMCA/United Way $10,00() (needed) Total for 5 Playground Sites $25,000 It is the City's intent to contract with the YMCA for 5 playground sites contingent upon available funding. A final determination will be made by May 1, 1992. BILLING: The YMCA will provide an itemized bill to the City of Yakima Parks and Recreation Division monthly. CITY CONTACT: The City's contact person will be Denise Nichols, Recreation Supervisor - 575-6020.