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HomeMy WebLinkAboutR-1997-038 Agreement / Providence Health System / Retired & Senior Volunteer ProgramRESOLUTION NO. R-97- 38 A RESOLUTION the City Manager and the City Clerk of the City of Yakima to execute an agreement with Providence Health System, Inc., a non-profit corporation for the purpose of providing, through its Retired and Senior Volunteer Program, volunteer support to 350 senior citizens within the City of Yakima. WHEREAS, the City recognizes the need to provide support to senior citizens within the City of Yakima; and WHEREAS, the City does not have the staffing levels necessary to provide such support services; and WHEREAS, Providence, through its Retired and Senior Volunteer Program (hereinafter "RSVP"), has the experience and expertise necessary to provide said volunteer services and agrees to perform these services for the City under the terms and conditions set forth in this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract, with Providence Health System, Inc. for support services to senior citizens 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 the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated "1997 Retired & Senior Volunteer Program Agreement" with Providence Health System, Inc.. ADOPTED BY THE CITY COUNCIL this 4th day of March , 1997. ATTEST: , c 1,14L City Clerk res/rsvp.pm John Puccinelli, Mayor Pro -Tem 1997 RETIRED & SENIOR VOLUNTEER PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this / day of , 1997, by and between the City of Yakima, a municipal corporation (hereinafter the "City"), and Providence Health System, Inc., a non- profit corporation (hereinafter "Providence") . WHEREAS, the City recognizes the need for senior volunteer services. WHEREAS, Providence, through its Retired and Senior Volunteer Program (hereinafter "RSVP"), has the experience and expertise necessary to provide said volunteer services 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 RSVP as follows: 1. Services. Providence, through RSVP, shall provide volunteer support to 350 senior citizens within the City of Yakima. Providence will provide volunteer support in the form of mileage and meal reimbursement, and volunteer recognition. Special areas of responsibility for both the City and RSVP are contained and described in Exhibit "A," which is attached and hereby incorporated into this Agreement. 2. Consideration. In compensation for all services provided hereunder, the City shall pay Providence a total of Three Thousand Dollars ($3,000.00). Said sum shall be paid in two agreed installments of Fifteen Hundred Dollars ($1,500.00) on July 1, 1997 and December 31, 1997. Said payments are expressly conditioned upon Providence providing the City with satisfactory services hereunder and documentation (invoices/billings) for each payment by June 1, 1997, and November 1, 1997, respectively. 3. Term. The term of this Agreement shall commence on the 15th day of February, 1997, and terminate on the 31st day of December, 1997, unless sooner terminated by either party in accordance with paragraph 13 below. 4. Status of RSVP. Providence and the City understand and expressly agree that RSVP is an independent contractor in the performance of each and every part of this Agreement. Providence and its employees or volunteers 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. Providence 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 Page 1 of 4 (1k)agr/rsvp.pm 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, Providence shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Providence 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. Providence 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. Providence 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 Providence and its employees or volunteers.. 10. Indemnification and Hold Harmless. Providence agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) resulting from the performance and/or non-performance of this Agreement by Providence, its agents, officers, employees, or volunteers. 11. Insurance. On or before the effective date of this Agreement, Providence 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 Providence 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 Page 2 of 4 (lk)agr/rsvp pm granted, then the assignee shall assume all duties, obligations, and liabilities of Providence stated herein. 13. Termination. Either party may terminate this Agreement, with or without cause, by providing the other party with ten (10) days written notice of termination. 14. Waiver of Terms. The City and Providence agree that the forgiveness of the nonperfoi mance of any provision of this Agreement by either party does not constitute a waiver of provisions of this Agreement. 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 Providence. 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 RSVP: Recreation Operation Supervisor City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Jo Gosselin Providence Health System Division of Volunteer Services 110 S. 9th 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 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. Page 3 of 4 (lk)agr/rsvp.pm 19. Venue. The venue for any action to enforce �r interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA RETIRED & SENIOR VOLUNTEER PROGRAM By: y y By: %✓�� R. A. Zais, Jr., City Manager Its: / Pro c r , Al EST: CL.'c vim/ , City Clerk 3 /) ' /Q 7 City Contract No. 9 7 - 2 6 RESOLUTION NO. R--97-38 STATE; OF WASHINGTON ) :ss. County of Yakima ph s I certify that I know or have satisfactory evidence that c i. V\ 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 P ` c inn 1 rx of RSVP, a non-profit corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ii1�� Ma ITU J J Page 4 of 4 (Ik)agr/rsvp pm NOTARY -'PUBLIC in and for the State of Washington, residing at LLf-i . My commission expires: ci 1.--)0 /9 EXHIBIT "A" AREAS OF RESPONSIBILITY 1. The City of Yakima Parks and Recreation Division shall: A. Meet with the Providence Director of Volunteer Programs to coordinate the scope of services to be provided under this Agreement. B. Work with RSVP to identify volunteer opportunities with the City of Yakima. C. Provide volunteer job descriptions to RSVP for volunteer opportunities for seniors to assist with the City of Yakima programs. 2. Providence,through RSVP, shall: A. Meet with the Recreation Operation Supervisor with the City of Yakima to coordinate the scope of services to be provided under this Agreement. B. Use its best efforts to make City residents aware of volunteer opportunities within the City of Yakima. C. Include on 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 written program evaluation and review to the City's Recreation Operation Supervisor by December 31, 1997. Contained within this report are: yearly volunteer hours, volunteer job sites, and a budget report. Also to be included are any observations or recommendations as to how the program can be improved on in the future. E. Provide a written financial report to the City's Recreation Operation Supervisor by December 31, 1997, which specifically illustrates how dollars provided by the City under this Agreement were spent. ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of March 4, 1997 Agreement Between the City of Yakima and the Retired and Senior Volunteer Program Jerry Copeland, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols 575-6020 SUMMARY EXPLANATION: Attached is the 1997 Agreement between the City of Yakima and the Retired and Senior Volunteer Program sponsored by Providence Health System, Central Washington Service Area. This Agreement provides $3,000 for support of volunteer programs. The dollars will be used to assist with mileage and meal reimbursement along with volunteer recognition for 350 Senior volunteers residing within the City of Yakima. Funding for this Agreement is included in the City's 1997 Budget appropriation. Resolution x Ordinance Contract Other (Specify) Agreement Funding Source Parks and Recreation Budget (Senior Center Service Unit) APPROVED FOR SUBMITTAL: a City Manager STAFF RECOMMENDATION: To approve the attached Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-38