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Home My WebLink AboutR-2003-006 Parks & Recreation personal service agreements for 2003RESOLUTION NO. R-2003- 06 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 2003. 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 S45,000.00 for these personal services in the 2003 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 forme_ 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 Manger 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 2003 that are substantially in accord with the terms and conditions of the attached personal service agreements. ADOPTED BY THE CITY COUNCIL this 21st of January 2003. ATTEST: City Clerk Resolution for Master Pers Srvs Agrmts 2003/ms CONTRACT NO. Provider: (Please Print) Address: Vendor No. City State Zip Home Phone No. Work Phone No. Expenditure Code: PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "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 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, 2003, unless sooner terminated by either party in accordance with Section 17. 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 the Contractor within thirty (30) calendar days upon receipt of each invoice/billing; provided, however, that the Contractor waives any and all claims for Page 1 of 4 (lk)agr/ parks personal service contract 00/pm 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. 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. 14. 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. 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 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. 17. 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. 18. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 19. 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: Page 3 of 4 (Ik)agr/parks personal scrvtce contract OO/pm Recreation Supervisor Parks & Recreation Division 2301 Fruitvale Blvd. Yakima, WA 98902 (509) 575-6020 TO CONTRACTOR: 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 or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 21. 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: By: Denise Nichols Parks & Recreation Division Manager DATE: DATE: City Contract No. Page 4 of 4 (Ik)agr/parks personal service contract OO/pm 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9 For Meeting of January 21, 2003 ITEM TITLE: A Resolution Authorizing Personal Services Agreements for Various Parks and Recreation Division Programs During 2003 SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: The Parks and Recreation Division requires specialized personal services from instructors, officials, and referees for various Parks and Recreation Division programs. Attached for Council's review is a master agreement necessary for obtaining those services. For 2003, the Parks and Recreation Division will execute approximately sixty (60) agreements with individuals for services, and the total value of all the agreements combined will be approximately $45,000. Program fee revenues offset this expenditure. Resolution X Ordinance _ Other (Specify) Master Personal Services Agreement Contract Mall to (name and address): N/A Funding Source Parks and Recreation Budget - $45,0 APPROVED FOR SUBMITTAL: r all Agreements Combined City "Manager STAFF RECOMMENDATION: Staff respectfully requests Council to approve the Resolution authorizing and directing the Parks and Recreation Division Manager to execute specialized personal services agreements for various Parks and Recreation programs for 2003. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-06