HomeMy WebLinkAboutR-1996-071 Yakima School Dist. / 1996 Summer Recreational ProgramRESOLUTION NO. R-96 71
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 School District to provide a summer
recreational program for youth with special needs.
WHEREAS, the City of Yakima and the Yakima School District need a summer
recreational program for youth with special needs; and
WHEREAS, the City and the Yakima School District find it mutually
convenient to enter into a cooperative venture to provide said summer
recreational program for youth with special needs under the terms and
conditions set forth in the attached agreement; and
WHEREAS, it is in the best interest of the City to enter into said cooperative
venture 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 "1996 Agreement Between the City of
Yakima and the Yakima School District" for the purpose of providing a summer
recreational program for youth with special needs.
ADOPTED BY THE CITY COUNCIL this i day of
ATTEST:
«a&_
City Clerk
11s)res school dist F
, 1996.
ynn Buchanan, Mayor
1996 AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
THE YAKIMA SCHOOL DISTRICT
THIS AGREEMENT is made and entered by and between the City of
Yakima, hereafter the "City," and the Yakima School District, hereafter "School
District."
WHEREAS, the City and School District desire a summer recreational
program for youth with special needs.
WHEREAS, the City and School District find it mutually convenient to
enter into a cooperative venture to provide said summer recreational program
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
School District as follows:
1. Services. The City and School District will jointly initiate and administer
an eight (8) week activity program for youth with special needs referred to as
the Summer Pals Program, to be held from June 24, 1996, through August 16,
1996. Said program shall be open to all disabled youth between the ages of five
(5) and twelve (12) years. Enrollment in the program shall be limited to a total
of eighteen (18) children.
Daytime youth activities for the program shall include, but not be limited
to, the areas of arts and crafts, dramatics, music, outdoor adventures, special
activities, and organized games. The purpose of the program is to provide
appropriate leisure activities for disabled youth. The Summer Pals Program
shall operate four (4) days per week from 9:00 a.m. to 2:00 p.m. during the
above-mentioned program dates.
Special areas of responsibility for both the City and School District are
contained and described in Attached "A," which is attached and hereby
incorporated into this Agreement.
2. Consideration. School District agrees to compensate the City according
to the payment schedule labeled Attachment "B," which is attached and hereby
incorporated into this Agreement.
3. Term. The term of this Agreement shall commence upon execution of
this Agreement and shall terminate on the 30th day of August, 1996.
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4. Status of School District. School District and the City understand and
expressly agree that School District is an independent contractor in the
performance of each and every part of its obligations under this Agreement.
School District 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. School District 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, School District shall pay the
same before it becomes due.
6. Nondiscrimination Provision. During the performance of this
Agreement, School District shall not discriminate on the basis of race, age,
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. School District 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. School District 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 School District and/or its employees.
10. Hold Harmless/Indemnification.
a. School District shall defend, indemnify, and hold harmless the
City, its agents, officers, and employees from any and all liability and damages
of every kind and nature, whatsoever, that may be claimed or proved by reason
of or caused by the act, omission, or negligence of School District, its agents,
officers, and employees.
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b. The City shall defend, indemnify, and hold harmless School
District, its agents, officers, and employees from any and all liability and
damages of every kind and nature, whatsoever, that may be claimed or proved
by reason of or caused by the act, omission, or negligence of the City, its
agents, officers, and employees.
11. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by School
District 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 School
District stated herein.
12. Termination. If School District fails to perform this Agreement in such a
manner that the Parks and Recreation Manager in his/her sole discretion
deems that the continuation of the Agreement is no longer in the best interest
of the City, the City may terminate this Agreement by giving School District ten
(10) days written notice of termination.
If the City fails to comply with the terms and conditions of this
Agreement, School District may terminate this Agreement by giving the City ten
(10) days written notice of termination.
13. 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.
14. Integration. This written document constitutes the entire agreement
between the City and School District. 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.
15. 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 SCHOOL DISTRICT:
Recreation Supervisor
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Director of Special Education
Services
Yakima School District
104 North 4th Avenue
Yakima, WA 98902
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
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prepaid. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above.
16. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
17. 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 OF YAKIMA YAKIMA SCHOOL DISTRICT
By: .0..
Dick Zais, City Manager
ATTEST:
City Clerk
City Contract No. Cf -
- 7/
STATE OF WASHINGTON )
:ss.
County of Yakima
By:
Its:
I certify that I know or have satisfactory evidence that L?6----72,c/ 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 r of the Yakima
School District, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED: VA9/9G
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,,,d64/) cik._
NOT /PUBLIC in and for the
State of Washington, residing
at (//ama, . /
My commission expires: ern?' f 9 .
ATTACHMENT "A"
AREAS OF RESPONSIBILITIES:
1. The City of Yakima Parks and Recreation Division shall:
A. Register all participants for the Summer Pals Program and answer
all questions pertaining to the program for the public.
B. Print informational flyers for distribution.
C. Reserve a school facility for use.
D. Distribute PSAs and News Releases to promote the program.
E. Be responsible for the total planning and implementation of the
program, including staffing, equipment, supplies, and promotions.
F. Shall include in all promotional material and information to the
public the statement "Funds of this program are provided by a
grant from Yakima School District Special Education Services."
Also listed will be other funding sources.
G. Shall hire, train, and supervise qualified staff to work the program.
H. At the conclusions of the program, meet with School District
representatives to evaluate the program and make
recommendations for future offerings. In addition, the City shall
provide a written program report and evaluation to the School
District which shall, at a minimum, contain attendance figures per
day, an analysis of program activities, and an overall program
evaluation.
I. At the conclusions of the program, the City shall bill the School
District for services according to Attachment "B".
2. Yakima School District Special Education Services shall:
A. Assist the City in recommending the scope of the program.
B. At the conclusion of the program, meet with the Recreation
Supervisor to evaluate the program and make recommendations
for future offerings.
C. Pay the City within thirty (30) days of receiving the aforementioned
bill. All payments shall be sent to the City of Yakima, Parks and
Recreation Division, 2301 Fruitvale Boulevard, Yakima,
Washington 98902.
(1s)agr/school dist pm
ATTACHMENT "B"
PAYMENT SCHEDULE:
The Yakima School District Special Education Services shall pay the City for
services rendered according to the attached program budget. The Yakima
School District shall pay all direct program costs up to a maximum of Five
Thousand Five Hundred Eighty -Six Dollars and Ninety -Eight Cents
($5,586.98).
(ls)agr/school dist pm
SUMMER PALS PROGRAM BUDGET
PROGRAM COORDINATOR -- 1 POSITION
Preplanning and Training 16 hrs x $8.90
Program Implementation 200 hrs x $8.90
ACTIVITY LEADERS -- 5 POSITIONS
Preplanning & Training 16 hrs x $7.17 x 5
Program Implementation 192 hrs x 5 people x $7.17
Subtotal
Benefits @ 18%
Supplies
Administration
TOTAL PROGRAM BUDGET
60% paid by Department of Community Service
40% paid by Yakima School District
Yakima Parks & Recreation provides in-kind
of approximately $2,000.00 for staff support,
training, program promotion, record keeping.
(1s)agr/school dist pm
$ 142.40
$ 1,780.00
$ 573.60
$ 6,883.20
$ 9,379.20
$ 1,688.25
$11,067.45
$ 1,900.00
$ 1,000.00
$13,967.45
$ 8,380.47
$ 5,586.98
CITY OF YAKIMA
PARKS AND RECREATION DIVISION
ADDENDUM TO AGREEMENT R-96-71
Payment Schedule
Due to the high demand of children enrolled in the 1996 Summer Pals
program, the Yakima School District agrees to pay the cost of one additional
staff person. The Yakima School District agrees to pay up to a maximum of
$1,759 for additional staffing. This is in addition to the agreed upon dollar
amount of $5,586.98 as stated under "Attachment B."
7/1/y6
Date
--1Itgla
Date Yakima S1ool District
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 S
For Meeting of June 4, 1996
ITEM TITLE: Agreement between the City of Yakima and the Yakima School District
SUBMITTED BY: Jerry Copeland, Director of Public Works_
John Williamson, Parks and Recreation Ma ager
CONTACT PERSON/TELEPHONE: Denise Nichols, Recreation Operations Supervisor
575-6020
SUMMARY EXPLANATION:
The attached is the Agreement between the City of Yakima and the Yakima School District to
provide a summer recreational program for youth with special needs.
This special program is funded with dollars from the Yakima School District and Yakima
County Department of Community Services.
Resolution _ Ordinance — Contract X Other (Specify) Agreement
Funding Source Parks and Recreation Budget
APPROVED FOR SUBMITTAL: •C
�� •
City Manager
STAFF RECOMMENDATION: That the City approve the attached agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: