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HomeMy WebLinkAboutR-1998-161 Agreements / Parks & Recreations / Various 1999 Programs• RESOLUTION NO. R-98-161 • • A RESOLUTION authorizing and directing the Parks and Recreation Division Manager of the City of Yakima to execute personal service agreements with instructors, officials and referees necessary for various Parks. and Recreation Division programs during 1999. WHEREAS, the City of Yakima Parks and Recreation Division requires the personal services of instructors, officials and referees for various Parks and Recreation Division programs; and WHEREAS, the City Council has approved funding of approximately $55,000.00 for these personal services in the 1999 budget of the Parks and Recreation Division; and WHEREAS, the Parks and Recreation Division desires to hire said instructors, officials and referees through personal service agreements that are substantially in accord with the terms and conditions of the attached personal services form agreements; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to authorize execution of personal service agreements necessary for obtaining the services of instructors, officials and referees for various Parks and Recreation Division programs that are substantially in accord with the terms and conditions of the attached personal service agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Parks and Recreation Division Manager of the City of Yakima is hereby authorized to execute personal service agreements with instructors, officials and referees necessary for various Parks and Recreation Division programs during 1999 that are substantially in accord with the terms and conditions of the attached personal service agreements. ADOPTED BY THE CITY COUNCIL this 15th day of December, 1998. John Puccinelli, Mayor ATTEST: res/ parks personal service .pen City Clerk FOR OFFICIAL USE ONLY: CONTRACT NO. Provider: (Please Print) Address: Vendor No. City State Zip Home Phone No. Work Phone No. Expenditure Code: PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and , an individual (hereinafter "Contractor"). WHEREAS, the City requires specialized instructional services to facilitate the scheduled program of the City Parks and Recreation Division. WHEREAS, Contractor has the experience and expertise necessary to perform the instructional services required by the City. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Contractor as follows: 1. Scope of Services. Contractor shall provide the City with services in conjunction with the program of the City Parks and Recreation Division and in accordance with the attached and incorporated Exhibit "A." 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate on 12:00 p.m., December 31, 1999, unless sooner terminated by either party in accordance with Section 13. 3. Consideration. As consideration for the training services performed pursuant to this Agreement, the City agrees to compensate Contractor in accordance with attached and incorporated Exhibit "B." The Contractor shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after the services are provided. The City shall make payment to Page 1 of 4 u the Contractor within thirty (30) calendar days upon receipt of each invoice/billing; provided, however, that the Contractor waives any and all claims for compensation for training services where the Contractor has failed to provide the City with an itemized invoice/billing for said services within sixty (60) calendar days of providing said services. Also, all payments are expressly conditioned upon the Contractor providing training services hereunder that are satisfactory to the City. 4. Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor and not an employee of the City with regard to the performance of each and every part of this Agreement. Contractor 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. Contractor shall be solely responsible 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 insurance, 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, Contractor shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Contractor 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. 7. The Americans With Disabilities Act. Contractor 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. Contractor agrees to perform all services required 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 Contractor. 10. Indemnification and Hold Harmless. Contractor 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 Page 2 of 4 GE col-dr/pm from Contractor's performance and/or non-performance of the services required under or provided pursuant to this Agreement. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor 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 Contractor stated herein. 12. Non -Waiver. The failure of the City or the Contractor to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 13. Termination. The City or Contractor may terminate this Agreement, with or without cause, by giving the other party five (5) days written notice of termination. 14. Damages. If for any reason the Contractor fails to provide the services required under this Agreement, the Contractor shall be liable for any and all additional expenses incurred by the City in securing such services elsewhere, 15. No Conflict of Interest. Contractor represents that he/she does not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Further, the Contractor specifically represents that he/she is not an officer or an employee of the City, nor does he/she reside with or contribute monetary amounts to any City employee or officer. 16. 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. 17. Integration. This written document constitutes the entire agreement between the City and Contractor. 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. 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: Page 3 of 4 Mnagr/Parko & Dec/pen.ery contr/pm Recreation Supervisor Parks & Recreation Division 2301 Fruitvale Blvd. Yakima, WA 98902 (509) 575-6020 TOTO CONTu A CTO +,..via to%L _.tvaa. or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by first class 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 CONTRACTOR By: Denise Nichols Parks & Recreation Division Manager By: DATE: DATE: City Contract No. Page�1.��^'4 of 4 l..v..e./PNW & ..ery cony/Pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / For Meeting 12/15/98 ITEM TITLE: The Execution of Personal Services Agreements for the Parks and Recreation Division SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks & Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols - 575-6020 SUMMARY EXPLANATION: The Parks and Recreation Division executes Personal Services Agreements with. instructors, officials and referees for various Parks and Recreation Division programs. Attached for Council's review are the master agreements. For 1999, the Parks and Recreation Division will execute approximately eighty (80) agreements with individuals for services and their total dollar value will be approximately $55,000. This expenditure is offset by program fee revenues. Resolution X Ordinance Contract Other (Specify) Agreement Funding Source Parks and Recreation Budget APPROVED FOR SUBMITTAL: ,t\\ `_-�, \. City Manager STAFF RECOMMENDATION: To approve the attached Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: LegalBd/P & R