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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: