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HomeMy WebLinkAboutOIC - Summer Youth Programming Agreement2017 AGREEMENT BETWEEN THE CITY OF YAKIMA AND OIC OF WASHINGTON THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation, herein referred to as "City" and OIC of Washington, a Washington non-profit corporation, herein referred to as "OIC." 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, OIC currently host a summer day camp program at the Henry Beauchamp Jr. Community Center and Southeast Community Park and additional funding is needed to add more staff and purchase more supplies to be able to serve an additional 30 children; and WHEREAS, OIC has the experience and expertise necessary, and programming in place, to provide programming for additional 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 OIC as follows: 1. Services. OIC will provide up to 30 additional spaces in their current summer day camp program, 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 OIC for all services outlined in the scope of work, attached, in an amount not to exceed fourteen thousand, eight hundred dollars ($14,800.00). OIC shall submit satisfactory documentation (invoice/billings) to the City of Yakima Parks & Recreation Manager and the City shall make the required disbursements to OIC within thirty (30) days after receiving said documentation. 3. Reporting. OIC 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. OIC 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, OIC 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 OIC. OIC and the City understand and expressly agree that OIC is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of OIC shall act on behalf of or represent himself or herself as an agent or representative of the City. OIC, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. OIC 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. OIC 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 OIC and the City. 6. Right to Inspect and/or Audit Financial Records. OIC shall maintain records and documents necessary to assure the proper accounting of all funds paid to OIC 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 OIC under this Agreement, OIC 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. OIC 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, OIC shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, OIC 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. OIC 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. OIC 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. OIC 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. OIC 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 OIC and/or its employees, agents, volunteers or subcontractors. 14. Insurance Required. a. Liability Insurance. On or before the date of this Agreement, OIC 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, OIC 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. OIC shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Agreement, OIC 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. OIC 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 OIC 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 OIC 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 OIC 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 OIC, or three (3) calendar days after mailing (by certified and regular first class mail) a written notice of termination to OIC, 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 OIC: Parks and Recreation Manager ken Wilkinson City of Yakima Parks and Recreation Division 2301 Fruitvale Blvd. Yakima, WA. 98902 Executive Director Adrianne Garner Henry Beauchamp Jr. Community Center 1211 S 7th 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 OIC 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 OIC 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 OIC represents and warrants that he or she has been fully authorized by OIC to execute this Agreement on its behalf and to legally bind OIC to all the terms, performances and provisions of this Agreement. CITY OF YAKIMA By: Cli oor • ity Manager Date: 7' Zlf ATTEST: OIC OF WASHINGTON By. ,/444/ Steve AgeI, C O Date: 7-/4 /7 Sonya CIaaro ee, City Clerk • . SEI\L CITY CONTRACT NO: 07° I —7-- RESOLUTION NO: n / 4 \t `''`,'ISH INS' Exhibit "1" SCOPE OF WORK 1. Summer Day Camp Program OIC will add up to 30 additional spaces for children in their current summer day camp program at the Henry Beauchamp Community Center. The program should serve children from 6 to 12 years old. The program is currently held Monday through Thursday from 10:00 am until 5:00 pm. The dates of the program are June 19, 2017 through August 11, 2017. Administrative costs, additional staffing costs and supplies are estimated to be $14,800.00. ADDENDUM 1 TO 2017 AGREEMENT BETWEEN THE CITY OF YAKIMA AND OIC of WASHINGTON (OIC) 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 OIC of Washington, a Washington non-pr_oft-corpgration, herein referred to as "OIC" 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, OIC hosts a summer program at the Henry Beauchamp Jr. Community Center and in Southeast Community Park, which need funding for staff and supplies; WHEREAS, OIC 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, OIC 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 OIC 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. OIC shall provide the City sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. OIC's records relating to this Agreement will be provided to the City upon the City's request. b. OIC 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, OIC shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of OIC's books, documents, papers and records which are related to this Agreement. c. All records relating to OIC'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 OIC for the minimum period of time required pursuant to the Washington State Secretary of State's record retention schedule. CITY OF YAKIMA By: C i Mo e, City Manager Date: ' Z?(/ ATTEST: OIC OF WASHINGTON By: OWE, Steve Mifchell, CEO Date: 7-/O-/ Sonya CIa4rT-e, City Clerk CITY CONTRACT NO: 02v 0-0 C hli RESOLUTION