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HomeMy WebLinkAboutR-2007-029 AmeriCorps Team Program Management Services AgreementRESOLUTION NO. R-2007- 29 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an "AmeriCorps Project Management Services Agreement" with Ester Huey to provide specialized management services for the AmeriCorps Team Program WHEREAS, the City requires specialized management services to facilitate the AmeriCorps Team Program for the City Parks and Recreation Division; and, WHEREAS, the City does not have the staffing levels necessary to provide such specialized management services; and, WHEREAS, Ester Huey has the experience and expertise necessary to provide said specialized management services and is willing to provide these services in accordance with the terms and conditions of this Agreement; and, WHEREAS, the City has previously contracted with Ester Huey for said specialized management services for the AmeriCorps Team Program; and, WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City to enter into a contract for specialized management services for the AmeriCorps Team Program with Ester Huey 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 is hereby authorized and directed to execute the attached and incorporated "AmeriCorps Project Management Services Agreement" with Ester Huey to provide specialized management services for the AmeriCorps Team Program. th ADOPTED BY THE CITY COUNCIL this 6 day of March , 2007. ATTEST: Al-Airtmk, OMR— City Clerk Reso PSA Huey 2007.doc/ms David Edler, Mayor AmeriCorps Project Management Services Agreement THIS AMERICORPS PROJECT MANAGEMENT SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the CITY OF YAKIMA, (hereafter the "City") and Ester Huey, (hereafter the "Contractor"). WHEREAS, the City requires specialized management services to facilitate the AmeriCorps Team program for the City Parks and Recreation Division; and WHEREAS, the City does not have the staffing levels necessary to provide such specialized management services; and, WHEREAS, Ester Huey has the experience and expertise necessary to provide said specialized management services and is willing to provide these services in accordance with the terms and conditions of this Agreement; and WHEREAS, the City has previously contracted with Ester Huey for said specialized management services AmeriCorps Team program services. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. The Contractor shall provide specialized management services in conjunction with the City's AmeriCorps Team program. Special areas of responsibilities for both the City and the Contractor are contained in Attachment "A," which is attached and incorporated into this Agreement. 2. Consideration. As consideration for the service provided pursuant to this Agreement, the City agrees to compensate the Contractor according to Attachment "B," which is attached and incorporated into this Agreement. The Contractor shall submit a final itemized invoice/billing for services to the City no later than thirty (30) days following the last date of services rendered. The Contractor waives all claims to compensation in the event the City does not have a final itemized invoice/billing for services within sixty (60) days of the last day on which services were rendered. 3. Term of Agreement. The term of this Agreement shall commence on execution hereof and shall terminate on December 31, 2007, unless sooner terminated by either party in accordance with Section 21. 4. Cancellation/Combining/or Rescheduling AmeriCorps Activities. The City may cancel, combine, or reschedule AmeriCorps activities due to low enrollment. If Page - 1 of 8 (ms)agr/AmeriCorps Project Management Services Agreement/07 rescheduling of an AmeriCorps activity becomes necessary, the City Recreation Coordinator and the Contractor will negotiate a mutually agreed upon date, time, and location. The Contractor will receive no compensation for canceled activities nor participant no-shows. 5. Independent Contractor. The Contractor and the City understand and expressly agree that the Contractor is an independent contractor, and none of the Contractor's employees shall be considered an employee of the City. The Contractor and the Contractor's employees shall make no claim of City employment or claim any related employment benefits from the City, including but not limited to, medical benefits, social security, and retirement. The Contractor has no authority to nor shall the Contractor represent that it has authorization to bind the City in any manner. 6. Nonsolicitation. The Contractor will not solicit program participants during the term of this Agreement, and understands that the facility provided during this program cannot be used by the Contractor for private purposes. 7. No Conflict of Interest. The Contractor represents that it or its employees do 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. The Contractor further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 8. Taxes and Assessments. The Contractor 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, the Contractor shall pay the same before it becomes due. 9. Non-discrimination. The Contractor shall not discriminate against any employee or applicant in violation of any applicable federal, state, and/or law or regulation on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap. Such action shall include but not be limited to: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff of termination; rates of pay or other forms of compensation; programs for training including apprenticeships; and provision of services under this Agreement. 10. The Americans With Disabilities Act. The Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and corresponding regulations and Washington State's anti -discrimination law as contained Page -2of8 (ms)agr/AmeriCorps Project Management Services Agreement/07 in RCW 49.60 and corresponding 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. 11. Compliance With Law. The Contractor agrees to perform the services and work 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. 12. No Insurance. It is understood the City does not maintain liability insurance for the Contractor or its employees. 13. Indemnification and Hold Harmless. The Contractor shall defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Consultant's performance or non-performance of the services, duties and obligations required under this Agreement. 14. Delegation of Professional Services. The services provided for herein shall be performed by the Contractor, and no other person other than regular associates or employees of the Contractor shall be engaged upon such work or services except upon written approval of City. 15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the 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 the Contractor as stated herein. 16. Damages. If for any reason the Contractor fails to provide the services and work as specified in this Agreement and the City is forced to secure such services and work from another party or entity, the Contractor 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. 17. 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. 18. Integration. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and Page - 3 of 8 (ms)agr/AmeriCorps Project Management Services Agreement/07 all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 19. Termination. a. Termination of Agreement by the City. If the Contractor fails to comply with the terms and conditions of this Agreement in such a manner that the City Parks and Recreation Manager in her sole discretion deems that the continuation of the Agreement is no longer in the best interest of the City, the City may terminate this Agreement by providing the Contractor five (5) days written notice of termination. b. Termination of Agreement by the Contractor. If the City fails to comply with the terms and conditions of this Agreement, the Contractor may terminate this Agreement by providing the City thirty (30) days written notice of termination. 20. 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. 21. 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 CONTRACTOR: Parks & Recreation Manager City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575-6020 Ester Huey 7003 Chinook Dr. Yakima, WA 98908 509/575-6114 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 at the time mailed or hand delivered at the addresses specified above. Page -4of8 (ms)agr/AmeriCorps Project Management Services Agreement/07 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. 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 ESTER B. HUEY By: By: t(;,,,64) A. Ester B. Hue Date: ATTEST: R. A. is, Jr. City Manager 3�e/07 Resolution No. aoa7-17 City Contract No. R-20/51 �y flSEAL Page - 5 of 8 (ms)agr/AmeriCorps Project Management Services Agreement/07 Date: ATTACHMENT "A" Scope of Service Start Date—January 1, 2007 End Date — December 31, 2007 20 hours per week (10 hours paid by the grant and 10 hours in=kind as Project Match) Duties • Supervise, monitor, coordinate, and direct the planning and organizing of the City of Yakima AmeriCorps Team project. • On-going review and evaluation of project. • Supervises full-time and part-time staff assigned to project. • Oversee staff and team training. • Ensures hiring, timekeeping, reporting, evaluating, and other administrative matters to meet project goals and requirements. • Assists staff in successfully meeting project goals and outcomes. • Serves as a liaison with City's Parks and Recreation Division as it pertains to the project. • Works closely with staff and City's Parks and Recreation Division to seek additional support and resources for the project. • Provides technical input. • Guide, direct, and evaluate staff and team members. • Be spokesperson for the program. Project Manager Compensation Approximately 10 hours per week X $34.61/hr = $17,997 a year. City of Yakima will pay the Project Manager monthly through invoices submitted. The AmeriCorps grant will reimburse the City of Yakima for Project Manager's expenses up to $18,000 a year. Project Manager In -Kind The Grant required a match of $18,000 per year of in-kind. This amounts to approximately 10 hours per week of in-kind contribution to the project. The Project Manager will keep necessary documentation of in-kind services to this project. Page - 6 of 8 (ms)agr/AmeriCorps Project Management Services Agreement/07 ATTACHMENT "B" PAYMENT SCHEDULE 1. The City of Yakima Parks and Recreation Division shall: A. Pay Ester Huey Thirty -Four Dollars and sixty-one Cents ($34.61) per hour. B. The total sum of this contract shall not exceed Eighteen Thousand, Dollars ($18,000) for 2007. C. Agree to pay the Contractor within thirty (30) days after receiving an itemized bill/invoice. D. Agree to pay the Contractor approved mileage and approved training not to exceed contract amount. 2. The Contractor shall: A. Provide an itemized monthly invoice/billing to the City's Recreation Supervisor for the services rendered during the previous month. To be included in this invoice/billing are any service adjustments, additional fees, and charges, and their reconciliation. B. Waive all claims to compensation in the event the City has no final itemized invoice/billing for services within sixty (60) days after the last day on which services are rendered. Page - 7 of 8 (ms)agr/AmeriCorps Project Management Services Agreement/07 EXHIBIT "C" IRS FORM 1099 (MIS) The U.S. Internal Revenue Code requires the City of Yakima to file "IRS FORM 1099" for certain payments which total an aggregate of $600 or more during the calendar year. When a correct taxpayer identification number, such as a Social Security Tax I.D. number, has not been furnished, the City of Yakima must withhold from payments a tax equal to 31 %. To assist the City of Yakima in meeting the Internal Revenue Service reporting requirements and for you to avoid the 31 % withholding requirement, please complete the items below, sign, and date. Name (PLEASE PRINT) / Address / D d 3 (2.-/// /`/e, !./C l (lL City 4-,6 /r/ i4 State /2 ►41- Zip %),OO Home Phone No. Work Phone No. 7 4/9/ Social Security Number Tax I.D. Number Check One: Individual Corporation Partnership Professional Service Corp. Sole Proprietorship Authorized Signature Date 0 If you believe payments to you by the City of Yakima are exempt from the Inte al Revenue Service reporting requirements, please supply us with an explanation of the exemption with reference to the appropriate Internal Revenue Code Regulations providing for such exemption. NOTE: Even if you subsequently give us your Tax Identification Number, the City of Yakima cannot pay the withheld amount to you. Once the 31 % portion has been withheld, you must file a tax return to receive credit for the withheld amount. Page - 8 of 8 (ms)agr/AmeriCorps Project Management Services Agreement/07 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of March 6, 2007 A Resolution authorizing an "AmeriCorps Project Management Services Agreement" with Ester Huey to provide specialized management services for the AmeriCorps Team Program SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of an agreement between the City of Yakima and Ester Huey to provide specialized management services for the AmeriCorps Team Program for 2007. The AmeriCorps Team Program is funded through an AmeriCorps grant, and this agreement would be allocated no more than $18,000 for specialized management services. Resolution X Ordinance Other (Specify) Agreement Mail to (name and address): Phone: Funding Source: AmeriCorp Grant - $18,000 APPROVED FOR SUBMITTAL: /L- = ,v City Manager STAFF RECOMMENDATION: Staff respectfully requests the Council to adopt the Resolution authorizing the City Manager of the City of Yakima to execute an "AmeriCorps Project Management Services Agreement" with Ester Huey to provide specialized management services for the AmeriCorps Team Program. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-29