HomeMy WebLinkAboutYakima Police Atheltic League (YPAL) - 2017 Summer Youth Programming2017 AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
YAKIMA POLICE ATHLETIC LEAGUE (YPAL)
THIS AGREEMENT is made and entered into by and between the City of Yakima, a
Washington municipal corporation, herein referred to as "City" and the Yakima Police Athletic
League, a Washington non-profit corporation, herein referred to as "YPAL."
WHEREAS, the City Council determined that additional programming for youth should be made
available during the summer months of 2017; and
WHEREAS, the City Council believes that providing additional programming for youth will offer
youth opportunities for structured activities during the summer months in the hopes that it will
keep youth away from gang activity; and
WHEREAS, YPAL plans to host a summer soccer program at Miller Park, a culinary arts
program at the Washington Fruit Community Center, and a STEM program also at the Center,
all of which need funding for staff and supplies; and
WHEREAS, YPAL has the experience and expertise necessary, and programming in place, to
provide programming for an additional summer programming for youth and agrees to perform
these services for the City 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 YPAL as follows:
1. Services. YPAL will provide summer youth programming, hereinafter referred to as
"Program," which shall commence immediately and terminate no later than August 30, 2017.
The Program scope of work is attached hereto as Exhibit "1" and fully incorporated herein.
2. Consideration. The City agrees to compensate YPAL for all services outlined in the
scope of work, attached, in an amount not to exceed ten thousand dollars ($10,000.00). YPAL
shall submit satisfactory documentation (invoice/billings) to the City Parks & Recreation
Supervisor and the City shall make the required disbursements to YPAL within thirty (30) days
after receiving said documentation.
3. Reporting. YPAL shall provide a written report on or before September 8, 2017 to the
City outlining the number of participants served, number of contact hours with participants, a
summary of the programming provided, outcomes of that programming, and a summary of how
the scope of work was fulfilled. YPAL shall attend the City Council meeting of September 19,
2017 (or as rescheduled) to provide an oral report and take questions from the City Council
regarding the Program. If the written or oral reports are not provided, or there is a failure to
follow the scope of work, YPAL may be required to reimburse some or all of the funds provided
by the City in consideration of this Agreement.
4. Term. The term of this Agreement shall commence on the day on which it is signed and
shall terminate at the end of the Program, but no later than August 30, 2017, unless sooner
terminated in accordance with this Agreement.
5. Independent Contractor Status of YPAL. YPAL and the City understand and expressly
agree that YPAL is an independent contractor in the performance of each and every part of this
Agreement. No officer, employee, volunteer, and/or agent of YPAL shall act on behalf of or
represent himself or herself as an agent or representative of the City. YPAL, as an independent
contractor, assumes the entire responsibility for carrying out and accomplishing the services
required under this Agreement. YPAL expressly represents, warrants and agrees that its status
as an independent contractor in the performance of the work and services required under this
Agreement is consistent with and meets the six -part independent contractor test set forth in
RCW 51.08.195. YPAL and its officers, employees, volunteers, agents and/or subcontractors
shall make no claim of City employment nor shall claim against the City any related employment
benefits, social security, or retirement benefits. Nothing contained herein shall be interpreted as
creating a relationship of servant, employee, partnership or agency between YPAL and the City.
6. Right to Inspect and/or Audit Financial Records. YPAL shall maintain records and
documents necessary to assure the proper accounting of all funds paid to YPAL pursuant to this
Agreement. The City, or any of its duly authorized representatives, shall have a right to access
such records and documents for the purpose of making an inspection, an audit and/or copies.
All such records and documents shall be retained and available for inspection, audit and/or
copying by the City during the term of this Agreement and for a period of six (6) years following
the termination of this Agreement. In the event that any such inspection or audit identifies any
discrepancy in the accounting of funds paid to YPAL under this Agreement, YPAL shall provide
the City with appropriate written clarification and financial adjustment within thirty (30) calendar
days of notification from the City of the discrepancy.
7. Taxes and Assessments. YPAL 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, YPAL shall pay the same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, YPAL shall not
discriminate in violation of any applicable federal, state and/or local law or regulation, on the
basis of race, 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, provision of services, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,
selection for training, and the provision of services under this Agreement.
9. The Americans with Disabilities Act. YPAL agrees to comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. Section 12101 et.seq., as amended, and its implementing
regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60
and its implementing 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.
10. Compliance with Law. YPAL agrees to perform the services required by 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.
11. Records Retention and Disclosure.
12. No Conflict of Interest. YPAL covenants that neither it nor its employees 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. YPAL further covenants that it will
not hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
13. City Does Not Provide Insurance. It is understood that the City does not maintain liability
insurance for YPAL and/or its employees, agents, volunteers or subcontractors.
14. Insurance Required.
a. Liability Insurance. On or before the date of this Agreement, YPAL shall provide
the City with a Certificate of insurance as proof of liability insurance with minimum liability limits
of two million dollars ($2,000,000.00) combined single limit bodily injury and property damage.
The certificate shall clearly state who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect
for the duration of this Agreement. The policy shall name the City, its elected and appointed
officials, officers, agents, volunteers and employees as additional insureds, and shall contain a
clause that the insurer will not cancel or change the insurance without giving the City thirty (30)
days prior written notice. The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
b. Automobile Liability Insurance. On or before the date of this Agreement, YPAL
shall provide the City with a certificate of insurance as proof of automobile liability insurance
with a minimum liability limit of two million dollars ($2,000,000.00) combined single limit bodily
injury and property damage. The certificate shall clearly state who the provider is, the amount
of coverage, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Agreement. The policy shall name the City, its
elected and appointed officials, officers, agents, volunteers and employees as additional
insureds, and shall contain a. Claims that the insurer will not cancel or change the insurance
without giving the City thirty (30) days prior written notice. The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in the
State of Washington.
c. Industrial Insurance. YPAL shall comply with the provisions of RCW Title 51,
Industrial Insurance. For the duration of this Agreement, YPAL shall provide or purchase
industrial insurance coverage for its employees, as may be required of an "employer" as defined
in RCW Title 51, and shall maintain full compliance with RCW Title 51.
d. Survival. The provisions of this section shall survive the expiration or termination
of this Agreement with respect to any event occurring prior to such expiration or termination.
15. Indemnification and Hold Harmless. YPAL shall protect, defend, exonerate, and
indemnify and hold harmless the City, its elected and appointed officials, agents, officers,
volunteers and employees from and against any and all claims, demands, losses, liens,
liabilities, penalties, fines, lawsuits, causes of action, damages, and expenses of any kind or
nature whatsoever, including, but not limited to, attorneys' fees and court costs, arising out of,
relating to, or connected with the activities and scope of work of YPAL related to this
Agreement.
16. Assignment. This Agreement, or any interest therein, or claim here dear, shall not be
assigned or transferred, in whole or in part, by YPAL to any other person or entity without the
prior written consent of the City, which may be withheld for any reason. In the event that such
prior written consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of YPAL stated herein.
17. Termination. Either party may terminate this Agreement, with or without cause, by giving
the other party ten (10) business days written notice of termination.
18. Termination or Reduction of Services Due to Withdrawal, Reduction or Limitation of
Funding. In the event that funding from any source is withdrawn, reduced and/or limited in any
way after the effective date of and prior to completion of this Agreement, the City may
unilaterally reduce the scope of services, work and compensation of this Agreement, or
summarily terminate this Agreement notwithstanding any other termination provisions of this
Agreement. Termination under this section shall be effective upon hand delivery, delivery by
facsimile or by electronic mail of a written notice of termination to YPAL, or three (3) calendar
days after mailing (by certified and regular first class mail) a written notice of termination to
YPAL, whichever is sooner.
19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties at their addresses as follows:
TO CITY:
TO YPAL:
Parks and Recreation Manager Ken Wilkinson
City of Yakima Parks and Recreation Division
2301 Fruitvale Blvd.
Yakima, WA. 98902
Executive Director Joe Willis
Yakima Police Athletic League
602 N. 4th Street
Yakima, WA 98901
Or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by certified mail, postage prepaid, or hand delivered. Such notices shall
be deemed effective when mailed or hand delivered at the addresses listed above.
20. Survival. Any provisions of this Agreement which impose 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 after termination or expiration.
21. 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.
22. Non -Waiver. The waiver by YPAL or the City of the breach of any provisions of this
Agreement by the other party shall not operate to be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter from enforcing such provisions.
23. Third Parties. City and YPAL are the only parties to this Agreement and the only parties
entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be
construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to
third parties.
24. Integration and Supersession. This Agreement sets forth all the terms, conditions and
agreements of the parties relative to the subject matter herein and supersedes any and all such
former agreements, oral or written, which are hereby declared terminated and of no further force
and effect upon the execution of this Agreement. There are no terms, conditions or agreements
with respect to this Agreement or the scope of work, except as herein provided.
25. Amendment. This Agreement shall not be amended or modified unless reduced to
writing and signed and executed by both parties.
26. Governing Law and Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. Venue for any action to enforce this
Agreement shall be in Yakima County Superior Court.
27. Authority. The person executing this Agreement on behalf of YPAL represents and
warrants that he or she has been fully authorized by YPAL to execute this Agreement on its
behalf and to legally bind YPAL to all the terms, performances and provisions of this Agreement.
CITY OF YAKIMA
YAKIMA POLICE ATHLETIC LEAGUE
By: By: `�
C i M NO'
re,,Ciy Manager Ed SnbetIbri h. President
Date: '6
ATTEST:
So'r�'a Clara fee/ity Clerk
CITY CONTRACT NO' /2t / 7 -086
RESOLUTION NO' ^� f I
Date: d to ?
Exhibit "1" SCOPE OF WORK
1. Summer Soccer Program
YPAL will host a summer soccer program at Miller Park. The program should serve children
from 6 to 12 years old. The program will be on Tuesday and Thursday evenings (or other
evenings as determined appropriate, but two times per week) for two hours each evening. The
program will be for 8 weeks and will serve up to 50 children. Volunteer coaches will work with
children on soccer skills and organize games throughout the summer. Administrative costs,
program coordinator costs and supplies are estimated to be $1,200.00.
2. Culinary Arts Program
YPAL will partner with Pastor Shane Niles to conduct a culinary program to serve 20 children for
8 weeks. The classes will be 3 times per week, for 3 hours each class. Supplies and staffing
costs are estimated to be $2,160.00.
3. STEM (Science, Technology, Engineering and Math) Program
A STEM program will be conducted which will include various activities that support the STEM
principles. The program will be for 4 hours per day, Monday through Friday for 8 weeks. The
program will serve up to 40 children. Supplies and staffing costs are estimated to be $6,500.00.
ADDENDUM 1
TO
2017 AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
YAKIMA POLICE ATHLETIC LEAGUE (YPAL)
THIS ADDENDUM is made and entered into by and between the City of Yakima, a
Washington municipal corporation, herein referred to as "City" and the Yakima Police Athletic
League, a Washington non-profit corporation, herein referred to as "YPAL" to amend the 2017
Agreement entered into June 23, 2017, to incorporate Section 11, below, into the Agreement.
WHEREAS, the City Council determined that additional programming for youth should
be made available during the summer months of 2017; and
WHEREAS, the City Council believes that providing additional programming for youth
will offer youth opportunities for structured activities during the summer months in the hopes that
it will keep youth away from gang activity; and
WHEREAS, YPAL plans to host a summer soccer program at Miller Park, a culinary arts
program at the Washington Fruit Community Center, and a STEM program also at the Center,
all of which need funding for staff and supplies;
WHEREAS, YPAL has the experience and expertise necessary, and programming in
place, to provide programming for an additional necessary to provide summer programming for
youth and agrees to perform these services for the City under the terms and conditions set forth
in this Agreement; and
WHEREAS, YPAL is required to follow the records retention requirements and Public
Records Act requirements outlined in Washington State law; and
WHEREAS, Section 11 of the original contract was omitted, requiring this addendum to
be added to the Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and YPAL that Section 11 of
the Agreement shall state as follows and this Addendum shall be full incorporated therein:
11. Records Retention and Disclosure.
a. The records relating to the actions taken and work done pursuant to this
Agreement shall, at all times, be subject to inspection by the City. YPAL shall provide the City
sufficient, safe, and proper facilities and equipment for such inspection and free access to such
facilities. YPAL's records relating to this Agreement will be provided to the City upon the City's
request.
b. YPAL shall promptly furnish the City with such information and records which are
related to this Agreement as may be requested by the City. Until the expiration of six (6) years
after completion of the terms and conditions of this Agreement, or for a longer period if required
by law or by the Washington State Secretary of State's record retention schedule, YPAL shall
retain and provide the City access to (and the City shall have the right to examine, audit and copy)
all of YPAL's books, documents, papers and records which are related to this Agreement.
c. All records relating to YPAL's activities under this Agreement must be made
available to the City, and also produced to third parties, if required pursuant to the Washington
Public Records Act, Chapter 42.56 RCW or by law. All records relating to this Agreement must
be retained by YPAL for the minimum period of time required pursuant to the Washington State
Secretary of State's record retention schedule.
CITY OF YAKIMA YAKIMA POLICE ATHLETIC LEAGUE
By: By:
C ' Moo) ity Manager Ed Shoenbach, President
Date: -7 1 )• big 17 Date: -7 -- 4 i )
ATTEST:
Sonya Claw-ee, City Clerk f'
SEAL
CITY CONTRACT NO:
RESOLUTION NO: