HomeMy WebLinkAboutR-1998-109 Retired and Senior Volunteer Program• RESOLUTION NO. R-98-10 9
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A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute an agreement with Yakima Valley Community
College (YVCC), for the purpose of providing, through its Retired
and Senior Volunteer Program, volunteer support to senior citizens
within the City of Yakima.
WHEREAS, the City recognizes the need to provide support to senior citizens
within the City of Yakima; and
WHEREAS, the City does not have the staffing levels necessary to provide such
support services; and
WHEREAS, YVCC, through its Retired and Senior Volunteer Program
(hereinafter "RSVP"), has the experience and expertise necessary to provide said
volunteer services and agrees to perform these services for the City under the terms and
conditions set forth in this Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to' contract, with YVCC for support services to senior citizens 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 the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated "1998 Retired
Senior Volunteer Program Agreement" with YVCC. �7
ADOPTED BY THE CITY COUNCIL this 4 day of
1998.
ATTEST:
City Clerk
hn Puccine li, Mayor
1998 RETIRED & SENIOR VOLUNTEER PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and
between the City of Yakima, a municipal corporation (hereinafter the "City"), and
Yakima Valley Community College (hereinafter "YVCC").
WHEREAS, the City recognizes the need for senior volunteer services.
WHEREAS, YVCC, through its Retired and Senior Volunteer Program
(hereinafter "RSVP"), has the experience and expertise necessary to provide said
volunteer services 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 RSVP as follows:
1. Services. YVCC, through RSVP, shall provide volunteer support to
approximately 350 senior citizens within the City of Yakima. YVCC will provide
volunteer support in the form of mileage and meal reimbursement, and volunteer
recognition. Special areas of responsibility for both the City and RSVP are contained
and described in Exhibit "A," which is attached and hereby incorporated into this
Agreement.
2. Consideration. In compensation for all services provided hereunder, the City
shall pay YVCC a total of Three Thousand Dollars ($3,000.00). Said sum shall be paid in
two agreed installments of Fifteen Hundred Dollars ($1,500.00) on July 1, 1998 and
December 31, 1998. Said payments are expressly conditioned upon YVCC providing
the City with satisfactory services hereunder and documentation (invoices/billings) for
each payment by June 1, 1998, and November 1, 1998, respectively.
3. Term. The term of this Agreement shall commence upon execution hereof, and
terminate on the 31st day of December, 1998, unless sooner terminated by either party
in accordance with Section 13 below.
4. Status of RSVP. YVCC and the City understand and expressly agree that RSVP
is an independent contractor in the performance of each and every part of this
Agreement. YVCC and its employees or volunteers shall make no claim of City
employment nor shall claim against the City any related employment benefits, social
security, and/or retirement.
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5. Taxes and Assessments. YVCC 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, YVCC shall
pay the same before it becomes due.
6. Nondiscrimination Provision. During the performance of this Agreement,
YVCC 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. YVCC 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. YVCC 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
YVCC and its employees or volunteers.
10. Mutual Indemnity and Hold Harmless. Each party agrees to be responsible for
its own negligence and/or deficient performance under this Agreement for which it
would be deemed legally liable and agrees to hold harmless and indemnify the other,
and the other's elected officials, officers, agents, employees, volunteers and assigns,
against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits
judgments, awards, costs, and expenses (including attorney's fees and disbursements)
resulting or allegedly resulting from such negligence and/or deficient performance.
Nothing herein requires either party to hold harmless or indemnify the negligence
and/or deficient performance of the other party.
11. Insurance.
a. Liability Insurance. On or before date this Agreement is fully executed by
the parties, YVCC shall provide the City with a certificate of insurance as proof of
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commercial liability insurance with a 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.
b. Automobile Liability Insurance. On or before date this Agreement is fully
executed by the parties, YVCC shall provide the City with a certificate of insurance as
proof of 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 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 YVCC 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 YVCC stated herein.
13. Termination. Either party may terminate this Agreement, with or without
cause, by providing the other party with ten (10) days written notice of termination.
14. Waiver of Terms. The waiver by YVCC 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
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any subsequent breach by either party or prevent either party thereafter enforcing any
such provision.
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 YVCC. 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 YVCC:
Recreation Operation Supervisor
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Mary Kowalsky
Assistant to the President
YVCC
P.O. Box 22520
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.
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CITY OF YAKIMA
By:
YAKIMA VALLEY COMMUNITY COLLEGE
Date:
A EL EST:
A. Zais, r., City Manager
A`�/��y
City Clerk
Date:
.tet 4..,
City Contract No. Q8_77 U �AS`�
Resolution No. R-98-109
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EXHIBIT "A"
AREAS OF RESPONSIBILITY
1. The City of Yakima Parks and Recreation Division shall:
A. Meet with the YVCC Director of Volunteer Programs to coordinate the
scope of services to be provided under this Agreement.
B. Work with RSVP to identify volunteer opportunities with the City of
Yakima.
C. Provide volunteer job descriptions to RSVP for volunteer opportunities
for seniors to assist with the City of Yakima programs.
2. YVCC, through RSVP, shall:
A. Meet with the Recreation Operation Supervisor with the City of Yakima to
coordinate the scope of services to be provided under this Agreement.
B. Use its best efforts to make City residents aware of volunteer
opportunities within the City of Yakima.
C. Include on 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 written program evaluation and review to the City's Recreation
Operation Supervisor by December 31, 1998. Contained within this report
are: yearly volunteer hours, volunteer job sites, and a budget report. Also
to be included are any observations or recommendations as to how the
program can be improved on in the future.
E. Provide a written financial report to the City's Recreation Operation
Supervisor by December 31, 1998, which specifically illustrates how
dollars provided by the City under this Agreement were spent.
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. X55
For Meeting of
Agreement Between the City of Yakima and the Retired and
Senior Volunteer Program
Chris Waarvick, Acting Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSONITELEPHONE: Denise Nichols
575-6020
SUMMARY EXPLANATION:
July 21. 1998
Attached is the 1998 Agreement between the City of Yakima and the Retired and Senior
Volunteer Program sponsored Yakima Valley Community College. This Agreement provides
$3,000 for support of volunteer programs. The dollars will be used to assist with mileage and
meal reimbursement along with volunteer recognition for 350 Senior volunteers residing within
the City of Yakima.
Funding for this Agreement is included in the City's 1998 Budget appropriation.
Resolution x Ordinance _ Contract _ Other (Specify) Agreement
Funding Source Parks and Recreation Budget (Senior Center Service Unit)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: To approve the attached Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: