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HomeMy WebLinkAboutR-1997-074 Milroy Park - Summer playground programRESOLUTION NO. R-97 74 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 Salvation Anny, a California corporation, to provide a summer playground program at Milroy Park. WHEREAS, the City needs supervised summer playground activities for youth; and WHEREAS, the City does not have the staffing levels and expertise necessary to conduct saidsummer playground activities for youth; and WHEREAS, the Salvation Army, a California corporation, has the experience and expertise necessary to provide supervised summer playground activities for youth and agrees to perform these services for the City under the terms and conditions set forth in the attached agreement; and WHEREAS, it is in the best interest of the City to contract to utilize the experience and expertise of the Salvation Army, a California corporation 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 executed the attached and incorporated "1997 Agreement Between the City of Yakima and the Salvation Army, a California corporation" for the purpose of providing a summer playground program for youth. ADOPTED BY THE CITY COUNCIL this ..6 day of 1997. ATTEST: City Clerk Ilk i—•;,1%.i:ic.n Arm o; /pni Lynn Buc anan, Mayor 1997 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE SALVATION ARMY 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 Salvation Army, a California corporation, herein referred to as "Salvation Army." WHEREAS, the City needs supervised summer playground activities for youth. WHEREAS, Salvation Army has the experience and expertise necessary to provide said supervised summer playground activities for youth 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 Salvation Army as follows: 1. Services. The City and Salvation Army will jointly initiate a summer playground program for five (5) to twelve (12) year old youths at Milroy Park. The program dates will be during the period of June 23, 1997 through August 22, 1997. Special areas of responsibility for both the City and Salvation Army are contained and described in Exhibit "A," which is attached and hereby incorporated into this Agreement. 2. Consideration. The City agrees to compensate Salvation Army for Services rendered hereunder according to the payment schedule labeled Exhibit "B," which is attached and hereby incorporated into this Agreement. Salvation Army shall submit satisfactory documentation (invoices/billings) to the City Recreation Supervisor prior to payment. The City shall make the required disbursement to Salvation Army within thirty (30) days after receiving said documentation. 3. Term. The term of this Agreement shall commence on the 15th day of June, 1997, and terminate on the 30th day of September, 1997, unless sooner terminated by either party in accordance with Section 13. 4. Status of Salvation Army. Salvation Army and the City understand and expressly agree that Salvation Army is an independent contractor in the performance of each and every part of this Agreement. Salvation Army 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. Salvation Army 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, Salvation Army shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Salvation Army 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. Salvation Army 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. Salvation Army 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 Salvation Army and/or its employees. 10. Hold Harmless. Salvation Army 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. 11. Insurance. On or before the effective date of this Agreement, Salvation Army 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 Salvation Army 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, Page - 2 Uk)agr/salvation army 97/pm then the assignee shall assume all duties, obligations, and liabilities of Salvation Army stated herein. 13. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination. 14. Damages. If for any reason Salvation Army fails to provide the services specified in this Agreement and the City is forced to secure such services from another person or entity, Salvation Army 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. 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 Salvation Army. 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 SALVATION ARMY: Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Salvation Army, a California Corporation P.O. Box 2782 Yakima, WA 98907 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. 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. Page - 3 Qk)agr/aalvatlon army 97/pm CITY OF YAKIMA SALVATION ARMY, A CALIFORNIA CORPORATION By:� < T...,'`; By: Dick Zais, City Manager Its: Dated: ATTEST: City Clerk City Contract No. RESOL'U'TION NO. STATE OF WASHINGTON ) :ss. County of Yakima Evelyn'J. Hunter Northwest Divisional Commander I certify that I know or have satisfactory evidence that EVELYN HUNTER is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that heR/she was authorized to execute the instrument and acknowledged it as them xw\ Dlvlsl° ��� . Salvation Army, a California corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Page - 4 INV./salvation army 97/pm R� C._ e: NOTARY PUBLIC in and for the State ;of Washington, residing at3 c'u--'1'Y=( My commission expires:. ATTACHMENT "A" Areas of Responsibilities: 1. The City of Yakima Parks & Recreation Division shall: A. Assist the Salvation Army in determining the scope of the program. B. At the conclusion of the program, meet with the Salvation Army to evaluate the program and make recommendations for future offerings. C. Pay the Salvation Army within thirty (30) days of receiving an itemized bill for services rendered according to Attachment "B." 2. The Salvation Army of Yakima shall: A. Operate a summer recreational playground program at Milroy Park from June through August, 1997. Hours of operation are 10:00 a.m. to 4:00 p.m., Monday through Friday, for a total of nine (9) weeks, June 23 - August 22, 1997. B. Hire, train, and supervise qualified staff to work the program. C. Be responsible for the total planning and implementation of the program including staffing, equipment, supplies, and program promotion. D. Include in all promotional material and information to the public the statement, "Funds for this program are provided by the City of Yakima, Parks and Recreation Division." Also listed may be other funding sources. E. Provide a written program schedule for public information purposes to the Parks and Recreation Office. This should include program days, times, location, contact person, and phone number for further information. F. Provide to the City's Recreation Supervisor weekly participation figures. These must include the number of participants, sex, age, and ethnic make-up. This data must be submitted by the fifth of the month for the previous month. G. At the conclusion of the program, meet with the Recreation Supervisor to evaluate the program and make recommendations for future programs. In addition, submit a written program report including analysis of program activities, participation summary, and overall program evaluation. H. Provide an itemized bill to the City for payment for services according to Attachment "B." I. All prospective employees hired with funds from this Agreement shall submit to a background check pursuant to RCW 43.43.830- 835. This disclosure shall be made in writing and signed by the applicant and sworn under penalty of perjury. Background information checks may be obtained from the Washington State Patrol. ATTACHMENT "B" Payment Schedule: 1. The City of Yakima Parks & Recreation Division shall: A. Pay the Salvation Army of Yakima costs up to a maximum of Six Thousand Dollars ($6,000.00). B. Make disbursement to the Salvation Army of Yakima within thirty (30) days, after receiving an itemized invoice/billing. 2. The Salvation Army of Yakima shall: A. Provide an itemized invoice/billing to the City's Recreation Supervisor for the 1997 summer playground program on or before September 1, 1997. B. Provide a final written financial report to the City's Recreation Supervisor for the 1997 summer playground program on or before September 30, 1997. To be included in this final report are any service adjustments, additional fees and charges and their reconciliation. The City has the right of set-off as to any accrued fees in the nature of reimbursement for failure to perform. ,i Ac ,Ir11:1Im PRODUCER AON Risk Services Inc. So. C a . Insurance Services 707 Wilshire Blvd. Suite Los Angeles, CA 90017 213-630-3229 :. ''' .: ; ` of R CE1 D 6000 kahi 2 3 1997 NORTH ' T H DATE (MM/DD/YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A St. Paul Fire and Marine INSURED The Salvation Army DIV 09 30840 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 I COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANYCONTRACT OR OTHERDOCUMENTWITHRESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PROT 602NB2767 S . I . R . $350,000 4/01/97 4/01/98 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS-COMP/OP AGG $ 1,000,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1 000,000 OWNER'S & CONTRACTOR'S EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED EXP (Any one person) $ 5 ,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY' EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND _ INCL EXCL STATUTORY LIMITS EACH ACCIDENT $ — DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS 9-130, THE CERTIFICATE HOLDER AND ITS OFFICERS AND AGENTS ARE INCLUDED AS ADDITIONAL INSUREDS AS RESPECTS TO THE PROVISION OF SUPERVISED SUMMER PLAY— GROUND ACTIVITIES FOR YOUTH AT MILROY PARK. DATES: 6/15/97 — 9/30/97 G> Min THE CITY OF YAK I MA PUBLIC WORKS PARKS & RECREATION DIVISION 2301 FRU I TVALE BLVD. YAKIW WA 98902 L:R}20. 5:t3194)::::::::.:::...........: :�CA:FfC>rLtk 1:N; SHOULD ANY EXPIRATION 30 DAYS OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 4715'. ' THE COMPANY, ITS AGENTS OR REPRESENTATIVES. BUT FAILURE OF ANY KIND A ORIZEDR RESEN IVE 465625009 :.>..:::::.�.�.�::::...:...... .........'::C£:RDCaR0. DATE RECEIVED AT DHQ Division: kAr THE SALVATION ARMY Western Territory Legal Department CONTRACT (FOR THQ USE ONLY) PROJECT IDENTIFICATION FACE SHEET (This sheet is to be completed and forwarded to the Territorial Legal Department with all contracts, agreements, grant applications/notijicatiat.;, etc) INSTRUCTIONS ON REVERSE S.A. Unit: 1 (11Cvp� City/State: \ICC(•.tl"l ut . Location Code: (A - ! RO Program/Site: Service(s) to be provided (brief description): GI -TA er--)i i il,1t"Vtf= r —p\cv,y rc i,Lc •- v Y(,`i dh at M ro\,/ K Contracting Entity: i' C(� �� ( j Yt' cot Gt ' (hit C \LJt k ?of CS `i" C ?st �G�i ov litV t5i Uv'1 1 (Identify Fal, S to or oth government agency, includikg deparmuf4, or other contracting entity by name) Contact: (Idetuify contact at contracting agency by name and tide or position) Type of Agreement: 0 Application 0 New ©Renewal 0 Amendment 0 Notification of Award 0 Other: Term: From�,4lti1f. /I6-1�J to _ ?)O, i'(I1 Contract # Telephone # ) 1 rj - CCG 30 Approved Budget for this program: Source Cash In -Kind Federal PUBLIC Federal State State County/Burough CountyBurough City/Municipality City/Municipality United Way Other Public S.A. Q 2 Fees Other Total Budget Total Contract ii te-,, ocb 00 TPC Approval: 0 Received 0 Applied for 0 Not Required Corporate Resolution Required 0 Yes 0 No Certificate of Insurance Required [g Yes 0 No Notary required 0 Yes 0 No Audit Addendum Needed 0 Yes 0 No Restrictive or unusual clauses: Please note page number: 1. OMB A-133 Audit 2. Religious Disclaimer 3. Restrictions on Work Product 4. Affirmative Action 5. Discrimination/Employment 6. Insurance Requirements Gci. 2, ietll 7. Other areas of concern (specify) Amendment # Funding under this Agreement: ISource Cash In -Kind PUBLIC Federal State CountyBurough City/Municipality i (i, , ccs . 00 Other Public Q 2 Other Private S.A. Match Total Contract ii te-,, ocb 00 % Govt. Funding: Source of Federal Funds: Date forwarded from D.H.Q. Number of Copies attached: Originals / 1 DHQ copy / 1 THQ copy THQ-L-l/9, (CETA POS TITLE # ESC HUD eta) iiLVISIDNALMNANCE COUNCIL F'fANCE fi'OUtrp. Approved RevipwPd `I fJni Approved 'rL7t'IY1'`tId BOARD OF DIRECTORS APPROVAL PROJECT IDENTiFICATION FACE SHEET The Project Identification Face Sheet is to be completed and forwarded to the Territorial Legal Department with each contract, agreement, grant application/notification, etc. Information should be as complete as pass ale. Please do not skip items unless information is unavailable. The intonation requested is required for Board of Directors' approval and/or for national reports, and will faa1itate rapid tum -around of the document. No additional cover letter is required unless you wish to provide addt onat information not included on the form. INSTRUCTIONS Date Recd at DHQ: Self explanatory. Contract S (for THQ use only): A contract number will be assigned each contract/agreement by the Territorial Legal Secretary. When the contract is returned, note should be made of the contract number, and the contract number should be used in all subsequent correspondence regarding this contract Division: Enter name of TSA division CttyJState: Enter city and state in which administration office for the program is located. S A Unit Indicate Unit responsible fa- administration of contract compiance4 rogram. Location Code: Eater Risk Management Location Code. Program/Site: Identify program affected by agreement' if program site is other than the location of TSA Unit indicated above, enter site designation Service(s) to be provided: Enter brief description of services orprogram to be performed under terms of agreement Contracting entity. Identify specific contracting entity (Federal, State, County, City/Munirt' aality, or other contracting entity) by name. Include name of department or other inf rnatkn that will help to fully identify the contracting entity. Contact identify contact person at contracting agency by name and title or position Telephone t Enter telephone number of contact person at contracting agency. Type of Agreement Check applicable item(s); if Other, explain. Approved budget for this program: Enter projected income from all sourcros fix entero program, per approved program budget for anent fiscal yew: Government funding included under this category should include projected income from ail contracts, not only the present coneacL Funding under this Agreement Enter only funding applicable to this contact or agreement In some instances, this funding may apply only to a specific program activity tube dedicated to a specific program objective, and may not reflect the overall pogrom budget. Indicate if funds are federal, state, etc "Other Public' funding would include alternative public sources (Le. school district etc). 'Other Private funding includes contnbutions, United Way, foundations, etc % Gov't funding: indicate percentage of total proposed/approved program budget that will be funded by government socrtes. Source of federal funds: Specify federal program oract under which fundag is available (Le. CETTA, PCS, TITLE111, ESG, CEG, HUD, etc). TPC approval: Check applicable item. Corporate Resolution: if contracting entity indicates a corporate resolution authorizing signatories. is r rquied, check "Yes Certificate of insurance required: Check Yes* only if contract states evidence of insurance coverage must be issued If coverage only is required, no certificate will be issued. Notary required: Check 'yes' only if contracting entity hckates notarization of signatues is required Audit Addendum required: If contract calls for audit requirements under CIMB A -f33, check yes° Restrictive or unusual clauses: Please note page number. - Very important all areas of special conaarn or unusual contract recurements should be indicated by page number. Date forwarded from DHQ: Indicate date. Number of copies attached: Indicate total number of spies forwarded to TNO; include all copies you wish to have approved, executed and returned, PLUS ONE COMPLETE COPY TO BE RETAINED IN THE TERRITORIAL LEGAL DEPARTMENT. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 For Meeting of May 20, 1997 ITEM TITLE: Agreement Between the City of Yakima and the Salvation Army to Provide a Summer Playground Program at Milroy Park SUBMITTED BY: Jerry Copeland, Director of Public Wort, Denise Nichols, Parks and Recreation Ma ager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Attached is the 1997 Agreement between the City of Yakima Parks and Recreation Division and the Salvation Army to provide a free summer playground program at Milroy Park. This is the seventh year that the Salvation Army will cooperatively sponsor this free program for youth. Resolution x Ordinance Contract _ Other (Specify) Agreement Funding Source 1997 Parks and Recreation Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: To approve the attached Resolution and Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-74