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.
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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