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HomeMy WebLinkAboutR-1997-068 Summer Recreational Program for youthRESOLUTION NO. R-97- 68 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima, the School District and the County to provide a summer recreational program for youth with special needs. WHEREAS, the City of Yakima, Yakima County, and the Yakima School District need a summer recreational program for youth with special needs; and WHEREAS, the City, the County and the 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 "1997 Agreement Between Yakima County and Yakima School District and The City of Yakima" for the purpose of providing a summer recreational program for youth with special needs. ADOPTED BY THE CITY COUNCIL this 6th day of may 1997. ATTEST: City Clerk Ilklm./Sakmu rounry and YSU; pm Lynn Buchanan, Mayor 1997 AGREEMENT BETWEEN YAKIMA COUNTY AND YAKIMA SCHOOL DISTRICT AND THE CITY OF YAKIMA THIS AGREEMENT is made and entered into by and between Yakima County, hereafter the "County", the Yakima School District, hereafter the "School District," and the City of Yakima, hereafter the "City." WHEREAS, the County, the School District and the City desire a summer recreational program for youth with special needs. WHEREAS, the County, the School District and the City 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 County, the School District and the City as follows: 1. Services. The County, the School District and the City will jointly initiate and administer a seven week activity program for youth with special needs referred to as the Summer Pals Program, to be held from June 23, 1997, through August 7, 1997. Said program shall be open to youth with developmental, cognitive and physical disabilities, ages five to twelve years. Enrollment in the program shall be limited to a total of thirty-two children. Priority for service shall be given to Yakima County youth with developmental disabilities to ensure at least 60% representation, and to Extended School Year students of the Yakima School District to ensure at least 40% representation. Enrollment will other wise be on a first come, first serve basis. 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 youth with disabilities. The Summer Pals Program shall operate four days per week, Monday through Thursday, from 9:00 a.m. to 2:00 p.m. during the above-mentioned program dates. Special areas of responsibility for the County, the School District and the City are contained and described in Attachment "A," which is attached and hereby incorporated into this Agreement. 2. Consideration. The County and School District agree 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, 1997. Summer Pals 1997 1 4. Status of the County and the School District. The County, the School District and the City understand and expressly agree that the City is an independent contractor in the performance of each and every part of its obligations under this Agreement. The City and its employees shall make no claim of County or School District employment nor shall claim against the County or School District any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. The City 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 County or School District is assessed a tax or assessment as a result of this Agreement, the City shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, the City 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 teimination, rates of pay or other forms of compensation, and selection for training. 7. The Americans With Disabilities Act. The City 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 telecommunications. 8. Compliance With Law. The City 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 neither the County nor the School District maintains liability insurance for the City and/or its employees. 10. Indemnification and Hold Harmless. Each party shall indemnify and hold harmless the other, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the negligent acts of the indemnifying party, its agents, employees, or subcontractors. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the City to any other person or entity without the prior written consent of the County and the School District. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the City stated herein. Summer Pals 1997 2 12. Termination. If the City fails to perform this Agreement in such a manner that the Director of the County's Department of Community Services or the Director of the School District's Special Education Services in his/her sole discretion deems that the continuation of the Agreement is no longer in the best interest of the party he/she represents, the County or School District may terminate its involvement in this Agreement by giving the other parties five (5) days written notice of termination. If the County or School District fails to comply with the terms and conditions of this Agreement, the City may terminate this Agreement by giving the other parties 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 County, the School District and the City. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon any party unless such change or addition be in writing and executed by all 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 COUNTY: Director Yakima Co. Dept. of Community Services Developmental Disabilities Program 128 North 2nd Street, Room 102 Yakima, WA 98901 TO SCHOOL DISTRICT: Director of Special Education Services Yakima School District 104 North 4th Avenue Yakima, WA 98902 TO CITY: Recreation Supervisor City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard 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. 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. Summer Pals 1997 3 SUMMER PALS PROGRAM BUDGET Salary Program Coordinator Planning & Training Program Delivery Program Assistants (7) Training Program Delivery Total Salary Fringe Benefits @ 18% Total Salary and Benefits Supplies 14 hrs $8.91 /hr 196 hrs 8.91/hr 6 hrs 7.17/hr 168 hrs 7.17/hr Total Direct Program Costs (60% County $8,648) (40% School District $5.765) City In-kind services TOTAL PROGRAM BUDGET 4 $ 124.74 1,746.36 301.14 8,431.92 10,604.16 1908.75 $12,512.91 1.900.00 14,4i2.91 1,800.00 $16,212.91 Summer Pals 1997 YAKIMA COUNTY CITY OF YAKIMA By: Steve Hill, Director Department of Community Services 2-g Date: t Agreement Authorization ATTEST: Resolution No. L - ci1 outisimut,��pSN aaiceroi Yakima County Commissioners may: • Atte t,,F. .erk of the Board o E; ter. • josa Hino C It �, � Resolution No. -9%- (o S By: Dick Zais, ity Manager Date: 67/ 5�-q 7 City Clerk City Contract No. YAKIMA SCHOOL DISTRICT By: Larry Petry, Superintendent Yakima School District Date: 7- 9 % 5 Date: -7 I CA 7 Summer Pals 1997 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. Survey participants, their families or guardians, and other appropriate people on ways to integrate "Summer Pals" into the regular Parks and Recreation program, using a survey form jointly developed with the County. F. Be responsible for the total planning and implementation of the program, including staffing, equipment, supplies, and promotions. G. Shall include in all promotional material and information to the public the statement "Funds of this program are provided by grants from Yakima County Department of Community Services and Yakima School District Special EdaLation Services." Also listed will be other funding sources. H. Shall hire, train, and supervise qualified staff to work the program. I. At the conclusions of the program, meet with County and 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 County and School District which shall, at a minimum, contain attendance figures per day, an analysis of program activities, and an overall program evaluation. J. At the conclusions of the program, the City shall bill the County and School District for services according to Attachment "B". 2. Yakima County Department of Community Services and 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. Summer Pals 1997 6 ATTACHMENT "B" PAYMENT SCHEDULE: The County and School District shall pay the City for services rendered according to the program budget. The County and School District shall pay all direct program costs up to a maximum of Fourteen Thousand Four Hundred Thirteen dollars. Summer Pals 1997 7 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 4/ For Meeting of May 6, 1997 Agreement Between Yakima County, Yakima School District and City of Yakima to Provide a Summer Recreational Program for Youth with Special Needs SUBMITTED BY: Jerry Copeland, Director of Public Works Denise Nichols, Parks and Recreation Ma ager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Attached is a Resolution authorizing the City Manager to sign an Agreement with Yakima County and Yakima School District to provide a summer recreational program for youth with special needs. Parks and Recreation staff will offer this program from June 23, 1997, to August 7, 1997. Funding for the program will be as follows: County $8,648 (cash) School District $5,765 (cash) City Parks and Recreation $1,800 (in-kind) Resolution x Ordinance _ Contract _ Other (Specify) Agreement Funding Source Parks and Recreation Budget C APPROVED FOR SUBMITTAL: => •'� City Manager er STAFF RECOMMENDATION: To approve the attached Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution passed. Resolution No. R-97-68 BOARD OF YAKIMA COUNTY COMMISSIONERS IN THE MATTER OF AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO SIGN A JOINT AGREEMENT WITH CITY OF YAKIMA, AND YAKIMA SCHOOL DISTRICT RESOLUTION NO. 212-1997 WHEREAS, it has come to the attention of the Board of Yakima County Commissioners that Yakima County, the City of Yakima, and the Yakima School District wish to provide a summer recreational program for youth with special needs; and WHEREAS,it is in the best interest of Yakima County to authorize the Director of Community Services to sign an agreement with the Yakima School District and the City of Yakima; now, therefore, BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners that Steve Hill, Director of the Department of Community Services and the Clerk of the Board of County Commissioners to sign same. DATED this 6 day of M a y 1997 Attest: Sylvia E. Hinojosa 0�yi •'.NGT0• 1p •;O m �`' of the Board William H. Flower, Chair italA Bettie Ingham, Comm ioner James M. Le , Co • missioner