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HomeMy WebLinkAboutR-1998-082 Milroy ParkRESOLUTION NO. R-98-82 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 Army, 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 said summer 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, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with the Salvation Army, 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 "1998 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 2nd day of June , 1998. ATTEST: John PuccinPlit, Mayor A ting City Clerk (1k)res/salvation army 98/ps 1998 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 22, 1998 through August 21, 1998. 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 22nd day of June, 1998, and terminate on the 30th day of September, 1998, 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 (Ik)agr-salvation army 98 -pm 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, selection for training, and the provision of services under this Agreement. 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 telecommunications. 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. Indemnification and Hold Harmless. Salvation Army 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 Salvation Army's performance and/ or non- performance of this Agreement. 11. Liability Insurance. On or before date this Agreement is fully executed by the parties, Salvation Army shall provide the City with a certificate of insurance as proof of liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) (Ik)agr-salvation army 98 -pm 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. 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, then the assignee shall assume all duties, obligations, and liabilities of Salvation Army stated herein. 13. 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. 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 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. 16. Non -Waiver. The waiver by Salvation Army or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 17. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination. (lk)agr-salvation army 98 -pm 18. 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. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. 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 SALVATION ARMY, A CALIFORNIA CORPORATION Dick Z is s, City Manager Dated: 67---S ATTEST: „ , Secretary CA :\ C; Cjt y Clerk City Contract No. 98-67 City Resolution #R-98-82 (1k)agr-salvation army 98 -pm Resolution No. R-98-82 , STATE OF WASHINGTON ) a..6VOKL c., ):ss./ fiets Ul County of Yakima BILL 1, LUTTRLL I certify that I know or have satisfactory evidence di PR is the person 5 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 'm President cknowledged it as the of Salvation Army, a California corporation, to be the Secretary free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 7 /7///0 Print Name: P. B. McIntyre • NOTARY PUBLIC in and for the St to h NOTARYr�uIT,LIC C.V ;,..i i4-11/ of Was n t°n, residing at /.),-4.,,,- %' LOS ANGELES COUNTY 9 My commission expires: \''fit"2 . �p Gomm. Exp!roa July 91, 1W8ires --- (lk)agr-salvation army 98 -pm 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,1995. Hours of operation are 10:00 a.m. to 4:00 p.m., Monday through Friday, for a total of nine (9) weeks, June 22 - August 21, 1998. 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- (1k)ag-salvation army 98 -pm 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. (lkjagr-salvation army 98 -pm 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 1998 summer playground program on or before September 1, 1998. B. Provide a final written financial report to the City's Recreation Supervisor for the 1998 summer playground program on or before September 30, 1998. 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. (]k)agr-salvation army 98 -pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /1143 For Meeting of June 2. 1998 ITEM TITLE: Agreement Between the City of Yakima and the Salvation Army to Provide a Summer Playground Program at Milroy Park SUBMITTED BY: Chris Waarvick, Acting Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols 575-6020 SUMMARY EXPLANATION: Attached is the 1998 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 eighth year that the Salvation Army will cooperatively sponsor this free program for youth. Resolution x Ordinance Contract _ Other (Specify) Agreement Funding Source 1998 Parks and Recreation Budget APPROVED FOR SUBMITTAL: �� City Manager STAFF RECOMMENDATION: To approve the attached Resolution and Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: