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HomeMy WebLinkAboutR-1994-080 Milroy Park• • • RESOLUTION NO. R-9 0 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Salvation Army a California corporation to provide a summer playground program at Milroy 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 Salvation Army, a California corporation 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, it is in the best interest of the City to contract to utilize the experience and expertise of the Salvation Army, a California corporation according to 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 City Clerk are hereby authorized and directed to executed the attached and incorporated "1994 Agreement Between the City of Yakima and the Salvation Army, a California corporation" for the purpose of providing a summer playground activities fof youth., ADOPTED BY THE CITY COUNCIL this 2 1 day of fraT, 1994 CI;): -t y44A-? (-9tf ATTEST Mayor A 0 City Clerk (ls)res'salvatuon army pm 1994 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE SALVATION ARMY THIS AGREEMENT is made and entered into this 0 " day of 1994, by and between the City of Yakima, Department of Public Wor's, P. ks and Recreation Division, herein referred to as the "City," and the Salvation Army, a California corporation, herein referred to as "Salvation Army." WHEREAS, the City needs supervised summer playground activities for youth. WHEREAS, Salvation Army 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 Salvation Army as follows: 1. Services. The City and Salvation Army will jointly initiate a summer playground program for five (5) to twelve (12) year old youths at Milroy Park. The program dates will be during the period of June 20, 1994 through August 19, 1994. Special areas of responsibility for both the City and Salvation Army are contained and described in Exhibit "A," which is attached and hereby incorporated into this Agreement. 2. Consideration. The City agrees to compensate Salvation Army for Services rendered hereunder according to the payment schedule labeled Exhibit "B," which is attached and hereby incorporated into this Agreement. Salvation Army shall submit satisfactory documentation (invoices/billings) to the City Recreation Supervisor prior to payment. The City shall make the required disbursement to Salvation Army within thirty (30) days after receiving said documentation. 3. Term. The term of this Agreement shall commence on the 1st day of June, 1994, and terminate on the 30th day of September, 1994. 4. Status of Salvation Army. Salvation Army and the City understand and expressly agree that Salvation Army is an independent contractor in the performance of each and every part of this Agreement. Salvation Army 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. 5. Taxes and Assessments. Salvation Army shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and Page 1 of 4 (1s)agr/salvation army pm 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, Salvation Army shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Salvation Army 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. Salvation Army 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 telecommuni- cations. 8. Compliance With Law. Salvation Army 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 Salvation Army and/or its employees. 10. Hold Harmless. Salvation Army shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all liability resulting out of the performance of this Agreement. 11. Insurance. On or before the effective date of this Agreement, Salvation Army shall provide the City Recreation Supervisor, proof of liability insurance in the amount of One Million Dollars ($1,000,000.00), that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its officers, agents, and employees as additional insured. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Salvation Army 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 Salvation Army stated herein. Page 2 of 4 (ls)agr/salvation army pm 13. Termination. The City may terminate this Agreement, with or without cause, by giving Salvation Army ten (10) days written notice of termination. 14. Damages. If for any reason Salvation Army fails to provide the services specified in this Agreement and the City is forced to secure such services from another person or entity, Salvation Army shall be liable for any and all additional expenses to fulfill its obligation to the City under this Agreement. This provision shall not serve as a limitation upon other damages that may be available to the City pursuant to statutory and/or common law. 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 Salvation Army. 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 to the parties to their addresses as follows: TO CITY: TO SALVATION ARMY: Recreation Supervisor City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Salvation Army, a California Corporation P.O. Box 2782 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. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 18. Attorney's Fees. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. The venue for any action to enforce or Page 3 of 4 (ls)agr/salvation army pm interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: Dick Zais; City Manager ATTEST: City Clerk City Contract No. _ q CP I-C/ STATE OF WASHINGTON ) :ss. ) County of Yakima SALVAT• N ' , A CALIFORNIA CORP ,IMP 1 By: V, / / Vice President Its. ___ _ %' pts SAWA nUFNcry.. NORThWEST D V $EON RNANCE CO'GJNC R1_2(11994 4 roved Approved I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of Salvation Army, a California corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Page 4 of 4 (ls)agr/salvation army.pm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On 8/10/94 (DATE) before me, GERALDINE A. GRAHAM, NOTARY PUBLIC, NAME, TITLE OF FICER-E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Sharon M. Robertson ' personally known to me NAME(S) OF SIGNER(S) -OR- El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ -subscribed to the within instrument and acknowledged to me that 41foisheithasf executed the same inlids/her/Oak authorized capacity(ies), and that by -t/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. z z GERALDINE A. GRAHAM COMM. # 995049 Notary Public — California LOS ANGELES COUNTY My Comm Expires MAY 16, 1997 SS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudlent reattachment of this form. CAPACITY CLAIMED BY SIGNER El INDIVIDUAL El CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) 11 GUARDIAN/CONSERVATOR 0 OTHER. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Yakima Summer Playground Agreement TITLE OR TYPE OF DOCUMENT 4 NUMBER OF PAGES 8/8/94 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ATTACHMENT 'A' Areas of Responsibilities: 1. The City of Yakima Parks & Recreation Division shall: A. Assist the Salvation Army in determining the scope of the program. B. At the conclusion of the program, meet with the Salvation Army to evaluate the program and make recommendations for future offerings. C. Pay the Salvation Army within thirty (30) days of receiving an itemized bill for services rendered according to Attachment "B". 2. The Salvation Army of Yakima shall: A. Operate a summer recreational playground program at Milroy Park from June through August, 1994. Hours of operation are 10:00 a.m. to 4:00 p.m., Monday through Friday, for a total of nine (9) weeks. 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-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. P & R Contracts Salvation Army (City WPC) 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. P & R Contracts Salvation Army (City WPC) ATTACHMENT 'B' PAYMENT SCHEDULE: 1. The City of Yakima Parks & Recreation Division shall: A. Pay the Salvation Army of Yakima costs up to a maximum of $5,000. B. Make disbursement to the Salvation Army of Yakima within thirty (30) days, after receiving an itemized invoice/billing 2. The Salvation Army of Yakima shall: A Provide an itemized invoice/billing to the City's Recreation Supervisor for the 1994 summer playground program on or before July 1, 1994 . B. Provide a final written financial report to the City's Recreation Supervisor for the 1994 summer playground program on or before September 30, 1994. 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 Salvation Army (City WPC) Insured: CERTIFICATE OF INSURANCE GL/OA The Salvation Army A California Corporation 30840 Hawthorne Boulevard Rancho Palos Verdes, CA 90274 Certificate CITY OF YAKIMA Holder: YAKIMA VALLEY VISITORS & CONVENTION BUREAU 10 NORTH 8 STREET YAKIMA, WA 98901 Insurance Company: Transamerica Insurance Company Policy Number Commercial General Liability 2838924 Policy Term October 1, 1993 through October 1, 1996 Coverage Commercial General Liability including operations, products, contractual, protective and elevators. Limits $ 1,000,000 combined single limit per occurrence and $ 2,000,000 general aggregate. This coverage is subject to all terms, conditions, provisions, exclusions and limita- tions of the described policy, whether shown by endorsement or otherwise. The cover- ages shown above may be subject to aggregate limits not shown on this certificate. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate is issued, the insurance afforded by the policy listed is subject to all the terms of said policy. Should this policy be cancelled, assigned or materially changed during the effective period, the Company will mail thirty (30) days advance notice to the certificate holder. The certificate holder, its employees, officers and agents, are included as additional insureds under these policies as respects legal liability arising out of the opera- tions of the named insured, but only if the named insured is obligated under contract or written agreement to do so. This Certificate is issued as respects to secure use of the premises known as Yakima Center for a Salvation Army youth event 4/8/94 - 8:00 am - Midnight; 4/9/94 - 8:30 am - 11:00 pm Commencing: April 8, 1994 Ending: April 10, 1994 Date : 03/01/94 Location 9-130 Cert. Number: 1314 Erick L. Johnson Acordia of Arizona