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Home My WebLink AboutR-1998-128 Summer Recreational ProgramRESOLUTION NO. R -98-i 28 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 Yakima School District to provide a summer recreational program for youth with special needs. WHEREAS, the City of Yakima and the Yakima School District need a summer recreational program for youth with special needs; and WHEREAS, the City and the Yakima School District find it mutually convenient to enter into a cooperative venture to provide said summer recreational program for youth with special needs under the terms and conditions set forth in the attached agreement; and WHEREAS, it is in the best interest of the City to enter into said cooperative venture 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 execute the attached and incorporated "1998 Agreement Between the City of Yakima and the Yakima School District" for the purpose of providing a summer recreational .program for youth with special needs. ADOPTED BY THE CITY COUNCIL this IS day of 6-L-1:1/4-8.42.,1998. ATTEST: /X - John Puccinelli, Mayor Qom) c City Clerk (11c)res/school dist 98 -pm 1998 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA SCHOOL DISTRICT THIS AGREEMENT is made and entered into by and between the City of Yakima, hereafter the "City," and the Yakima School District, hereafter "School District." WHEREAS, the City and School District desire a summer recreational program for youth with special needs. WHEREAS, the City and School District find it mutually convenient to enter into a cooperative venture to provide said summer recreational program 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 School District as follows: 1. Services. The City and School District will jointly initiate and administer a six (6) week activity program for youth with special needs referred to as the Summer Pals Program, to be held from June 22, 1998, through July 31 , 1998. Said program shall be open to students with developmental, cognitive, and physical disabilities, ages five (5) to twelve (12) years, and whose IEP identifies them as needing ESY. Enrollment in the program shall be limited to a total of twelve (12) children. Daytime youth activities for the program shall include, but not be limited to, the areas of arts and crafts, dramatics, music, outdoor adventures, special activities, and organized games. The purpose of the program is to provide appropriate leisure activities for youth with disabilities. The Summer Pals Program shall operate four (4) days per week from 10:00 a.m. to 2:30 p.m. for students and 9:30 a.m. to 3:00 p.m. for staff during the above-mentioned program dates. Special areas of responsibility for both the City and School District are contained and described in Attachment "A," which is attached and hereby incorporated into this Agreement. 2. Consideration. School District agrees to compensate the City according to the payment schedule labeled Attachment "B," which is attached and hereby incorporated into this Agreement. 3. Term. The term of this Agreement shall commence June 22, 1998 and shall terminate at midnight, August 31, 1998, unless sooner terminated in accordance with Section 12 of this Agreement 4. Status of Consultant. The School District and the City understand and expressly agree that City is an independent contractor in the performance of each and every part of its Page 1 of 6 (ll<)agr-school dist 98 -pm obligations under this Agreement. The City and its employees shall make no claim of School District employment nor shall claim against the School District any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. The City and the School District shall be solely responsible for compensating their respective 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. 6. Nondiscrimination Provision. During the performance of this Agreement, the City and the School District shall not discriminate on the basis of race, age, 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. The City and the School District shall comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, in the performance of this Agreement. 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. The City and the School District shall perform all 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 the School District and/or its employees. Likewise, it is understood the School District does not maintain liability insurance for the City and/or its employees. 10. Hold Harmless/Indemnification. a. The School District agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of the School District, its officers, employees, agents, instructors, and subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. The City agrees to hold harmless, indemnify, and defend the School District, its officers, employees, agents, and instructors from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. Page 2 of 6 (Ik)agr-school dist 98 -pm c. In the event that the officials, officers, agents, instructors, employees, and/or subcontractors of both the School District and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). d. Nothing contained in this Section or this Agreement shall be construed to create a liability to any third party or a right of indemnification in any third party. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the City or the School District to any other person or entity without the prior written consent of the other party. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the assignor as stated herein. 12. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party five (5) days advance written notice of termination. 13. 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. 14. Integration. This written document constitutes the entire agreement between the City and the School District. There are no other oral or written agreements between the parties as to the subjects covered herein. 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. 15. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY: TO SCHOOL DISTRICT: Recreation Supervisor City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Director of Special Education Services Yakima School District 104 North 4th Avenue Yakima, WA 98902 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, or hand -delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. Page 3 of 6 (1k)agr-school dist 98 -pm 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 17. 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 B Dick Zais, City Manager Date: 9/01/98 ATTEST: City Clerk City Contract No. Resolution No. Page 4 of 6 (lk)agr-school dist 98 -pm 98-93 R-98-128 YAKIMA SCHOOL DISTRICT 4BY• Larry Petry, Super' ndent Date: ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Register all participants for the Summer Pals Program and answer all questions pertaining to the program for the public. B. Print informational flyers for distribution. C. Reserve a school facility for use. D. Be responsible for the total planning and implementation of the program, including staffing, equipment, supplies, and promotions. E. Shall hire, train, and supervise qualified staff to work the program. F. At the conclusion of the program, meet with School District representatives to evaluate the program and make recommendations for future offerings. In addition, the City shall provide a written program report and evaluation to the School District which shall, at a minimum, contain attendance figures per day, an analysis of program activities, and an overall program evaluation. G. At the conclusion of the program, the City shall bill the School District no later than August 31, 1998 for services according to Attachment "B". 2. Yakima School District shall: A. Assist the City in recommending the scope of the program. B. At the conclusion of the program, meet with the Recreation Supervisor to evaluate the program and make recommendations for future offerings. C. Pay the City within thirty (30) days of receiving the aforementioned bill. All payments shall be sent to the City of Yakima, Parks and Recreation Division, 2301 Fruitvale Boulevard, Yakima, Washington 98902. Page 5 of 6 (lk)agr-school dist 98 -pm ATTACHMENT "B" PAYMENT SCHEDULE: The School District shall pay the City for services rendered according to the attached program budget. The School District shall pay all direct program costs up to a maximum of Six Thousand Dollars ($6,000.00). Page 6 of 6 (lk)agr-school dist 98 -pm SUMMER PALS PROGRAM BUDGET 24 DAYS OF CAMP .1 SET UP TRAINING DAY (JUNE 19) 25 TOTAL DAYS STAFF HOURS 9:30 A.M. - 3:00 P.M. (5.5 HOURS PER DAY) 132 5.5 HPD X 24 DAYS $ HOURS TRAINING 140 WORK HOURS LEAD 1163.40 408.00 1571.40 140 HOURS X $8.31 PER HOUR BENEFITS @ 35% TOTAL SALARY ASSISTANTS 1003.80 140 HOURS X $7.17 PER HOUR 352.00 BENEFITS @ 35% 1355.80 TOTAL SALARY PER ASSISTANT X2 ASSISTANTS 2711.60 TOTAL SALARY 4283.00 TOTAL SALARY 5000.00 BUDGET (4283.00) WAGES 717.00 SUPPLIES 1800.00 CITY IN KIND ADMINISTRATION - 3 STAFF @ 4:1 RATIO =12 CAMPERS BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I o` - For Meeting of 9/1/98 ITEM TITLE: 1998 Agreement Between Yakima School District and the City of Yakima SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks & Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: The Yakima School District contracted with the City of Yakima Parks and Recreation Division to provide a five-week summer day camp for children with special needs this summer. Enrollment was limited to a total of twelve children between the ages of five and twelve. Activities included arts and crafts, dramatics, music, outdoor activities, organized games and special activities. Resolution Ordinance Contract xx Other (Specify) Funding Source ` APPROVED FOR SUBMITTAL: '��'. City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: