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
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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
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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)
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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.
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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
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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
---
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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-
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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.
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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.
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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: