HomeMy WebLinkAboutR-1997-016 Agreement / Yakima County Substance Abuse Coalition, Inc.RESOLUTION NO. R-97- 6
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima
to execute an 1997 Agreement Between the City of Yakima and
Yakima County Substance Abuse Coalition, Inc.
WHEREAS, the Yakima County Substance Abuse Coalition (YCSAC) desires to rid
Yakima neighborhoods of physical structures and environmental conditions that
harbor drug trafficking operations through community awareness, participation,
involvement, and education; and
WHEREAS, the City of Yakima has the experience and expertise necessary to
assist YCSAC with said goals, and is willing to do so in accordance with the terms and
conditions of the attached agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to contract with YCSAC and provide said services in accordance with 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 1997 Agreement Between the City Yakima and Yakima
County Substance Abuse Coalition, Inc.
ADOPTED BY THE CITY COUNCIL this 1 stday of , 1997.
ATTEST: Lynn Buchanan, Mayor
City Clerk
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1997 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, herein
referred to as the "City" and the Yakima County Substance Abuse Coalition,
Inc., a non-profit corporation, herein referred to as '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; 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. Consideration. The City agrees to compensate YCSAC a total of Seventy
Five Thousand Dollars ($75,000.00) for all services performed under and
pursuant to this Agreement. The City shall pay YCSAC said sum in equal
installments of Thirty Seven Thousand Five Hundred Dollars ($37,500.00) on
March 1, 1997 and August 1, 1997.
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3. Term. The term of this Agreement shall commence on the 1st day of
February, 1997, and terminate on the 31st day of December, 1997.
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 or YCSAC may terminate this Agreement, with or
without cause, by giving the other 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. Waiver of Terms. The City and YCSAC agree that the forgiveness of the
nonperformance of any provision of this Agreement by either party does not
constitute a waiver of provisions of this Agreement.
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 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.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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19. Venue. The venue for any action to enforce 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, 1997.
CITY OF YAKIMA YAKIMA COUNTY SUBSTANCE
ABUSE COALITION, INC.
By:
Dick Zais, City Manager
ATTEST:
City Clerk
City Contract No. 9 7 —10
RESOLUTION NO.R-97-16
STATE OF WASHINGTON )
:ss.
County of Yakima
By:
Its:
I certify that I know or have satisfactory evidence that &kr . it; is
the erson who appeared before me, and said person acknowledge that
he she, signed this instrument, on oath stated that he she was authorized to
exe to the instrument and acknowledged it as the—t,-(=c3_, r a of the YAKIMA
COUNTY SUBSTANCE ABUSE COALITION, INC., a non-profit corporation, to
be the free and voluntary act of such part for the uses and purposes
mentioned in the instrument.
DATED: -121— (i 7
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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 in equal installments on
March 1, 1997 and August 1, 1997.
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 year olds)
shall be operated Monday through Friday from 3 p.m. to 6 p.m.
and Night Action (13 to 19 year olds) 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 Schools) for
the months commencing February 1997 through December 1997.
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.
For Meeting of January 21. 1997
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 Direct i/
Denise Nichols, Acting Parks and rection Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, Acting Parks and Recreation Manager
575-6020
SUMMARY EXPLANATION:
Attached 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 1997. The dollar amount for 1997 is
$75,000.
Resolution x Ordinance _ Contract _ Other (Specify) Agreement
Funding Source Parks and Recreation Fund
APPROVED FOR SUBMITTAL: �.
City Manager
STAFF RECOMMENDATION: To approve the attached resolution to authorize signature.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: