HomeMy WebLinkAboutR-1996-005 contract Substance Abuse coalitionRESOLUTION NO. R-96 05
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 Yakima County Substance Abuse Coalition, Inc.
WHEREAS, the City needs services to provide after school recreational
activities/programs for youth at risk; and
WHEREAS, the City does not have the staffing levels or specialized expertise
to conduct said activities/programs; and
WHEREAS, the Yakima County Substance Abuse Coalition, Inc. is able to
provide said after school recreational activities/programs for youth at risk, and it
is in the best interest of the City to contract to utilize their experience 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
execute the attached and incorporated Agreement with the Yakima County
Substance Abuse Coalition, Inc. for the purpose of providing after school
recreational activities/programs for youth at risk.
ADOPTED BY THE CITY COUNCIL this 7-6--( day of i , 1996.
1
ATTEST:
City Clerk
(rlw res substance abuse pr
Mayor
AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION, INC.
THIS AGREEMENT is made and entered into by and between the City of
Yakima, Department of Public Works, Parks and Recreation Division,
hereinafter the "City" and the Yakima County Substance Abuse Coalition, Inc.,
a non-profit corporation, hereinafter "YCSAC."
WHEREAS, the City needs supervised after school recreational activities
in cooperation with the Yakima Gang Intervention/Prevention Coalition for
youth at risk.
WHEREAS, YCSAC has experience and expertise in providing supervised
after school recreational activities 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
YCSAC as follows:
1. Professional Services . The duties of activity formulation and
supervision will be performed by YCSAC in conjunction with the goals of the
Yakima Gang Intervention/Prevention Coalition. Program sites include the
following locations within the City of Yakima: Southeast Community Center;
Washington School; Adams School; Garfield School; and EPIC/Jefferson
School. The supervised after school recreational activities will be conducted
Monday through Friday of each week during the school year and will coincide
with the Yakima School District calendar. Kids' Place activities for 5 to 12 year
old youths will be held from 3 to 6 p.m. Night Action activities for 13 to 19 year
old youths will be held from 6 to 9 p.m. Special areas of responsibility for both
the City and YCSAC are contained and described in Attachment A, which is
attached and hereby incorporated into this Agreement.
2. Compensation. Payment & Reporting . The City agrees to compensate
YCSAC a total of Seventy Three Thousand, One Hundred and Twenty Five
Dollars ($73,125.00) for all services performed under and pursuant to this
Agreement. YCSAC shall submit satisfactory documentation (invoices/billings)
to the City Recreation Supervisor on or before December 31, 1996. The City
shall make the required disbursement to YCSAC within thirty (30) days after
receiving said documentation.
YCSAC shall submit quarterly written reports including, for the fourth quarter
of each year, an annual written project report to be delivered by January 31st
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of the next year. Such reports shall contain a description of accomplishments
under the applicable scope of services provision of the Contract.
3. Term. The term of this Agreement shall commence on the 1st day of
February, 1996, and terminate on the 31st day of December, 1996.
4. Status of YCSAC. YCSAC and the City understand and expressly agree
that YCSAC is an independent contractor in the performance of each and every
part of this Agreement. YCSAC 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 . YCSAC 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, YCSAC shall pay the same
before it becomes due.
6. Discrimination. During the performance of this Agreement, YCSAC
shall not discriminate on the basis of race, color, sex, religion, national origin,
creed, or the presence of any sensory, mental or physical handicap.
7. Compliance With Law. YCSAC 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.
8. No Insurance. It is understood the City does not maintain liability
insurance for YCSAC or its employees.
9. Hold Harmless . YCSAC 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.
10. Insurance. On or before the effective date of this Agreement, YCSAC
shall provide to 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.
11. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by YCSAC 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
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assignee shall assume all duties, obligations, and liabilities of YCSAC as stated
herein.
12. Termination. The City may terminate this Agreement, with or without
cause, by giving YCSAC ten (10) days written notice of termination.
13. Damages . If for any reason YCSAC fails to provide the service as
specified in this Agreement and the City is forced to secure such services from
another person or entity, YCSAC 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.
14. 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.
15. Integration. This written document constitutes the entire agreement
between the City and YCSAC. 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.
16. 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 YCSAC:
Recreation Supervisor
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Yakima County Substance Abuse
Coalition, Inc.
1211 South 7th Street
Yakima, WA 98901
or to such 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.
17. 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 fees. The venue for any action to enforce
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or interpret this Agreement shall lie in the Superior Court of Washington for
Yakima County, Washington.
Executed by the parties hereto this day of January, 1996.
CITY OF YAKIMA
By:
Dick Zais; City Manager
ATTEST:
1<cour2,---
City Clerk
City Contract No. q(p
STATE OF WASHINGTON )
:ss.
County of Yakima
YAKIMA COUNTY SUBSTANCE
ABUSE COALITION, INC.
By:
Its:
I certify that I know or have satisfactory evidence that r '5- l 41-0-1 is
the person who appeared before me, and said person acknowledged that
he/she signed this instrument, on oath stated that hshe was authorized to
£e/
execute the instrument and acknowledged it as the , (c - of the YAKIMA
COUNTY SUBSTANCE ABUSE COALITION, INC., a non-profit corporation, to
be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED:I lq&
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r,/h )CCA -6-K,
NO ARY PUBLIC in and for the
Stade of Washington, residing at
M commission expires: 0- /2(
ATTACHMENT A
Areas of Responsibility:
1. The City of Yakima Parks & Recreation Division shall:
A. Promote the Kids' Place/Night Action Programs in its quarterly
brochure.
B. Pay the YCSAC for services provided within thirty (30) days after
receiving the invoice/bill.
2. The Yakima County Substance Abuse Coalition shall:
A. Plan, organize, implement, and supervise the Kids' Place/Night
Action programs at the four (4) site locations, including staff,
equipment, supplies, and promotion. Kids' Place (5 to 12 years old)
shall be operated Monday through Friday from 3 p.m. to 6 p.m.
and Night Action (13 to 19 years old) from 6 p.m. to 9 p.m. Said
programs shall include a variety of recreational, sports and fitness,
homework assistance, and special events subject to the approval of
the Parks and Recreation Manager. Both programs shall be
conducted at four (4) separate sites (Southeast Community Center,
EPIC/Jefferson School, Garfield School, Washington/Adams
Schools) for the months commencing February 1996 through
December 1996.
B. Provide a minimum of two (2) qualified staff persons at each site
during the program hours.
C. Promote the Kids' Place/Night Action programs 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.
D. Provide a monthly written program report and evaluation which, at
a minimum, shall contain attendance figures per site per day to
the Recreation Supervisor by the 5th of every month for the
previous month.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 `i C
For Meeting of Jan 9. 1996
ITEM TITLE: Agreement Between the City of Yakima and Yakima Co. Substance
Abuse Coalition for After -School Recreation Programs for At -Risk
Youth
SUBMITTED BY: Jerry Copeland, Public Works Directof
John Williamson, Parks & Recreation anager
CONTACT PERSON/TELEPHONE: John Williamson, Parks & Recreation Manager
575-6020
SUMMARY EXPLANATION:
,1.tached is a Resolution and Agreement between the City of Yakima and Yakima Co.
Substance Abuse Coalition for after-school recreation programs. These are dollars set aside
for the Yakima Gang Intervention/Prevention Coalition for programs in 1996. The dollar
amount for 1996 is $73,125.
Resolution x Ordinance _ Contract _ Other (Specify) Resolution and Agreement to
authorize signature.
Funding Source Parks and Recreation Fund
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: To approve the attached resolution to authorize signature.
BOARD/COMMISSION RECOMMENDATION:
"OUNCIL ACTION: