HomeMy WebLinkAboutR-2008-016 RSVP Contract; Retired & Senior Volunteer ProgramRESOLUTION NO. R-2008-16
A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of
Yakima to execute an agreement with Yakima Valley Community College
(YVCC), for the purpose of providing, through its Retired and Senior
Volunteer Program, volunteer support to senior citizens within the City of
Yakima.
WHEREAS, the City recognizes the need to provide support to senior citizens within the
City of Yakima; and
WHEREAS, the City does not have the staffing levels necessary to provide such support
services; and
WHEREAS, YVCC, through its Retired and Senior Volunteer Program (hereinafter
"RSVP"), has the experience and expertise necessary to provide said volunteer services and
agrees to perform these services for the City under the terms and conditions set forth in this
Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
contract with YVCC for support services to senior citizens 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 and the City Clerk of the City of Yakima are hereby authorized and
directed to execute the attached and incorporated "2008 Retired & Senior Volunteer Program
Agreement" with YVCC.
ADOPTED BY THE CITY COUNCIL this 15th day of January, 2008.
ATTEST:
Alt,AirLak)M0-tuz--
City Clerk
David Edler, Mayor
2008 RETIRED & SENIOR VOLUNTEER PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and
between the City of Yakima, a municipal corporation (hereinafter the "City"), and Yakima
Valley Community College (hereinafter "YVCC").
WHEREAS, the City recognizes the need for senior volunteer services.
WHEREAS, YVCC, through its Retired and Senior Volunteer Program (hereinafter
"RSVP"), has the experience and expertise necessary to provide said volunteer services 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 RSVP as follows:
1. Services. YVCC, through RSVP, shall provide volunteer support to approximately 305
senior citizens within the City of Yakima. They will assist with recruitment of senior
volunteers for senior center activities, such as arts and craft expertise, coffee and food
services; and support services associated with social activities. An all day training workshop
will be facilitated by RSVP at the Harman Center for both staff and the public. The workshop
topic will be volunteerism, and will include volunteer opportunities, recruitment and
retention.
2. Consideration. In compensation for all services provided by YVCC hereunder, the City
shall pay YVCC a total of Three Thousand Dollars ($3,000.00). Said sum shall be paid in two
agreed installments of Fifteen Hundred Dollars ($1,500.00) on July 1, 2008 and December 31,
2008. Said payments are expressly conditioned upon YVCC providing the City with
satisfactory services hereunder and documentation (invoices/billings) for each payment by
June 1, 2008, and November 1, 2008, respectively.
Additionally, in consideration for all services provided by YVCC hereunder, the City
shall provide Two Thousand Dollars ($2,000.00) worth of "in-kind" support for the RSVP
program. While the City appreciates input from YVCC, the City shall have sole and final
discretion as to the determination of the type and value of the in-kind support, and the
manner in which the in-kind support shall be provided.
3. Term. The term of this Agreement shall commence upon execution hereof, and terminate
on midnight December 31, 2008, unless sooner terminated by either party in accordance with
Section 13 below.
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4. Status of YVCC. YVCC and the City understand and expressly agree that YVCC is an
independent contractor in the performance of each and every part of this Agreement. YVCC
and its employees or volunteers shall make no claim of City employment nor shall claim
against the City any related employment benefits, social security, and/or retirement.
5. Taxes and Assessments. YVCC 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, YVCC shall pay the same before it becomes
due.
6. Nondiscrimination Provision. During the performance of this Agreement, YVCC shall
not illegally discriminate 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,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training.
7. The Americans With Disabilities Act. YVCC agrees to comply with the Americans With
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), 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.
8. Compliance With Law. YVCC agrees to perform those services 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.
9. No Insurance. It is understood the City does not maintain liability insurance for YVCC
and its employees or volunteers.
10. Statement of Self -Insurance. The State of Washington, including all of its agencies and
departments, is self-insured for all exposure to tort liability, property damage liability, and
vehicle liability as provided for in the Risk Management Act, Revised Code of Washington,
Chapter 43.19.19362.
The Tort Claims Act, RCW 4.92 et seq. provides the fundamental remedy for all liability
claims against the State. Such claims must be filed with the State Office of Risk Management
for processing according to statute.
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11. Legal Relations.
a. YVCC agrees to be responsible for any and all suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees) which result
from or arise out of the negligence of YVCC, its officials, officers, employees, and agents in
connection with or incidental to the performance or non-performance of the terms and
conditions of this Agreement, including but not limited to the use of the Property by YVCC.
b. City agrees to be responsible for any and all suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's fees) which result from or
arise out of the negligence of the ,City, its officers, elected officials, employees, and agents in
connection with or incidental to the performance or non-performance of terms and
conditions of this Agreement.
c. In the event that the officials, officers, agents, and/or employees of both YVCC and
City are negligent, each party shall be liable for its contributory share of negligence for any
resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including
reasonable attorney's fees).
d. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by YVCC 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
YVCC stated herein.
13. Termination.
a. Termination of Agreement for Cause. If, through any cause, either party shall fail
to fulfill in a timely and proper manner, its obligation under the Agreement, or if either party
shall breach any of the covenants, agreements, assurances or stipulations of the Agreement,
the other party shall have the right to terminate this Agreement by giving written notice to
the breaching party of such termination and specifying the effective date thereof, at least ten
(10) days before the effective date of such termination.
b. Termination of Agreement for Convenience. Either party may terminate this
Agreement for convenience and without cause by giving written notice to the other party of
such termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination.
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c. Termination/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 or
delivery by facsimile of a written notice of termination to YVCC, or three (3) calendar days
after mailing (by first class mail) of a written notice of termination to YVCC, whichever is
sooner.
14. Non -Waiver. The waiver by YVCC or the City of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach by either party or prevent either party thereafter enforcing any such
provision.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
c. Should the City determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer exists, the City
may, in its sole discretion, terminate this Agreement.
16. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and
agreements of the parties relative to the subject matter hereof and supersedes any and 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.
17. 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: Parks & Recreation Manager
City of Yakima Public Works
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TO YVCC:
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Assistant to the President
YVCC
P.O. Box 22520
Yakima, WA 98907
08 0 4 6
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 when mailed or hand -delivered at the addresses
specified above.
18. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
19. 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
COMMUNITY COLLEGE
By:
R. A. Zais, Jr., City anager
Date: // / yocc•
ATTEST:
City Clerk
City Contract No. &001-/7
Resolution
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YAKIMA VALLEY
Date:
ITEM TITLE.
BUSINESS OF THE CITY COUNCIL
YAKIMA,WASHINGTON
AGENDA STATEMENT
Item No 12- A
For Meeting of January 15, 2008
Resolution Authorizing an Agreement with Yakima Valley Community
College (YVCC) for Retired and Senior Volunteer Program (RSVP)
Support Services
SUBMITTED BY Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE. Denise Nichols, 575-6020
SUMMARY EXPLANATION.
Attached is a resolution authorizing the 2008 Retired and Senior Volunteer Program (RSVP)
Agreement sponsored by Yakima Valley Community College (YVCC) to provide senior volunteer
services for various senior center activities, such as arts and craft expertise, coffee and food
services, and support services associated with social activities.
This agreement provides $3,000 for support of volunteer programs for City of Yakima Senior
,,, Center volunteers.
c
i Funding for this agreement is included within the City's 2008 Budget appropriation.
Resolution X Ordinance Other (Specify) 2008 RSVP Agreement
Contract X Mail to (name and address) Assistant to the President, YVCC , P 0 Box 22520,
Yakima WA 98907
Funding Source- Parks and. Recreation Budget (Senior Center Service Unit)
APPROVED FOR SUBMITTAL. �j City Manager
STAFF RECOMMENDATION Staff respectfully requests adoption of the Resolution
authorizing execution of the attached 2008 Retired and Senior Volunteer Program (RSVP)
Agreement.
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION