HomeMy WebLinkAboutR-1998-021 Agreement / Yakima County Substance Abuse Coalition / After School ProgramsRESOLUTION NO. R-98- g� 1
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute an 1998 Agreement Between the City of Yakima
and Yakima County Substance Abuse Coalition, Inc. to provide
supervised after school recreational activities/programs for youth
at risk.
WHEREAS, the City and the Yakima County Substance Abuse Coalition (YCSAC)
desire to rid Yakima neighborhoods of physical structures and environmental
conditions that harbor drug trafficking operations through community awareness,
participation, involvement, and education; and
WHEREAS, in accordance with these desires and goals, the City requires
supervised after school recreational activities/programs for youth at risk; and
WHEREAS, the City does not have the staffing levels or specialized expertise
necessary to provide such activities/programs; and
WHEREAS, YCSAC has the necessary experience and expertise and is willing to
provide such_ supervised after school recreational activities/programs in accordance
with the terms and conditions of the attached agreement; and
WHEREAS, the City has previously contracted with YCSAC for such services;
and
WHEREAS, the City Council has determined that it is in the best interest of the
City to continue to contract with YCSAC to provide supervised after school
recreational activities/programs for youth at risk 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 1998 Agreement Between the City Yakima and Yakima
County Substance Abuse Coalition, Inc. to provide supervised after school
recreational activities/programs for youth at risk
ADOPTED BY THE CITY COUNCIL this 1? day of February, 1998.
d‘2.
ATTEST: JohnPuccinelli, Mayor
s.. !saet anc. ahs.9£.ren
(:,
City Clerk
1998 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,
(hereinafter the "City"), and the Yakima County Substance Abuse Coalition,
Inc., a non-profit corporation (hereinafter "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:
a. Adams School Kids Place activities 3 - 6 p.m.
b. Barge Lincoln School Kids Place activities 3 - 6 p.m.
c. Garfield School Kids Place activities 3 - 6 p.m.
Night Action activities 6 - 9 p.m.
d. Southeast Com. Ctr. Kids Place activities 3 - 6 p.m.
Night Action activities 6 - 9 p.m.
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 attached and incorporated
Exhibit A.
Page - 1
agr/s stance abuse98.pn
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, 1998 and August 1, 1998.
3. Term. The term of this Agreement shall commence on the 1st day of
February, 1998, and terminate on the 31st day of December, 1998, unless
sooner terminated by either party in accordance with Section 12.
4. Status of YCSAC. YCSAC and the City understand and expressly agree
that YCSAC is an independent YCSAC 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. Indemnity and Hold Harmless. YCSAC shall defend, indemnify, and
hold harmless the City, its elected officials, agents, officers, and employees
from any and all liability resulting out of the performance of this Agreement.
10. Insurance.
a. Commercial Liability Insurance. On or before the effective date of
this Agreement, the YCSAC shall provide the City with a certificate of insurance
as proof of commercial 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
(any statement in the certificate to the effect of "this certificate is issued as a
Page - 2
agr/s stance abuse98.pm
matter of information only and confers no right upon the certificate holder"
shall be deleted). Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City, its elected officials, officers, agents,
and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City
thirty (30) calendar days prior written notice (any language in the clause to the
effect of "but failure to mail such notice shall impose no obligation or liability of
any kind upon the company" shall be crossed out and initialed by the
insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
b. Directors and Officers Liability Insurance. The YCSAC shall obtain
Directors and Officers Liability insurance policy with a minimum limit of One
Million Dollars ($1,000,000.00) and a maximum retention of Five Thousand
Dollars ($5,000.00). On or before the effective date of this Agreement, the
YCSAC shall provide the City with a true and correct copy of said insurance
policy. The definition of insured under said policy shall include the YCSAC, its
individual directors, officers, trustees, employees, and volunteers. Said policy
shall have a retroactive date on or before the effective date of this Agreement.
Coverage under said policy shall remain in full force and effect for a three (3)
year period after the expiration/termination date of this Agreement with the
same retroactive date either through renewal policies or "tail" coverage on the
current policy.
c. Commercial Automobile Liability Insurance. On or before date this
Agreement is fully executed by the parties, YCSAC shall provide the City with a
certificate of insurance as proof of commercial automobile liability insurance
with minimum liability limit of One Million Dollars ($1,000,000.00) combined
single limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect (any statement in the
certificate to the effect of "this certificate is issued as a matter of information
only and confers no right upon the certificate holder" shall be deleted). Said
policy shall be in effect for the duration of this Agreement. The policy shall
name the City, its elected officials, officers, agents, and employees as additional
insureds, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City thirty (30) calendar days prior
written notice (any language in the clause to the effect of "but failure to mail
such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
d. Workers' Compensation. The YCSAC agrees to pay all premiums
provided for by the Workman's Compensation Act of the State of Washington.
Evidence of the YCSAC's workers' compensation coverage will be furnished to
the City. The YCSAC shall hold the City harmless for any injury or death to the
YCSAC's employees while performing this contract.
Page - 3
agr/su tance abuse98.pn
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
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 tee inination.
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:
Parks & Recreation Manager
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.
Page - 4
agr/s stance abuse98.rm
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.
CITY OF YAKIMA
YAKIMA COUNTY SUBSTANCE
ABUSE COALITION, INC.
By:� `, ,� '� By:
Dick Zais, City Manager
Date: -,°)/
ATTEST:
Jr(
,City Clerk
City Contract No.
fj( A
98-21
Resolution No. R-98-21
STATE OF WASHINGTON
County of Yakima
)
:ss.
Its:
Date:
I certify that I know or have satisfactory evidence that c s e 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 i2h rect.,- of the YAKIMA
COUNTY SUBSTANCE ABUSE COALITION, INC., a non-profit corporation, to
be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED: 07- 7-5
Page - 5
agr/s Cance ebnse98.pm
7) %.4_6 _ Gr2-
NOTARY PUBLIC in and for the
State of Washington, residing at
My commission expires: 6- 3 - i r .
EXHIBIT A
Areas of Responsibility:
1. The City of Yakima Parks & Recreation Division shall:
A. Promote the Kids' Place/Night Action
brochure.
B. Pay the YCSAC for services provided
March 1, 1998 and August 1, 1998.
Programs in its quarterly
in equal installments on
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. Programs shall be conducted
at four (4) separate sites (Southeast Community Center, Adams
School, Garfield School, Barge -Lincoln School) for the months
commencing February 1998 through December 1998.
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 Parks & Recreation Manager by the 10th of every month for the
previous month.
Page - 6
agr/s Cance abuse98.pm
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of February 17. 1998
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 Director
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 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 1998. The dollar
amount for 1998 is $75,000. That represents the same amount as in previous years.
iResolution x Ordinance _ Contract Other (Specify) Agreement
Funding Source Parks and Recrea' n Fund
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
To approve the attached Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: