HomeMy WebLinkAboutR-2010-013 YVCC/RSVP Agreement [Yakima Valley Community College; Retired Senior Volunteer Program]RESOLUTION NO. R-2010-13
A RESOLUTION authorizing and directing the City Manager 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 of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated "2010 Retired & Senior Volunteer Program Agreement" with YVCC.
ADOPTED BY THE CITY COUNCIL this 19th day of January, 2010.
ATTEST:
-�
City Clerk
ms/RES NO. R-2010-13 RSVP.rtf
Micah Cawley, Mayor
r2-2010- 3
2010 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 assistwith 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 Two Thousand Dollars ($2,000.00). Said sum shall be paid in two
agreed installments of One Thousand Dollars ($1,000.00) on July 1, 2010 and December 31,
2010. Said payments are expressly conditioned upon YVCC providing the City with
satisfactory services hereunder and documentation (invoices/billings) for each payment by
June 1, 2010, and November 1, 2010, 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, 2010, 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 deduct -ions 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. During the performance of this Agreement, SVSP shall not
discriminate in violation of any applicable federal, state and/or local law or regulation on the
basis of age, sex, race, creed, religion, color, national origin, marital status, disability,
honorably discharged veteran or military status, pregnancy, sexual orientation, and any other
classification protected under federal, state, or Local law. 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, selection for
training, and the provision of services under this Agreement.
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. YVCC is covered by the State of Washington Self -Insurance
Program and the Tort Claims Act (Chapter 4.92 RCW). Claims against YVCC and its
employees, officers, and agents in the performance of their duties under this Agreement will
be paid from the tort claims liability account as provided in Chapter 4.92 RCW.
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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.
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, agents, and volunteers
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, agents, and
volunteers 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, employees, and/or volunteers 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. lf, 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
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rsvp contract 2010.rtf
such termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination.
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:
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rsvp contract 2010.rtf
TO CITY:
TO YVCC:
Ken Wilkinson, Parks & Recreation Manager
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Assistant to the President
YVCC
P.O. Box 22520
Yakima, WA 98907
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
By:
R. A. Zais, Jr., i y Manager
/z/Jo
Date:
ATTEST:
YAKIMA VALLEY
•
COMMUNITY COLLEGE
Date:
City Contract No. Z—D ! D - 09
Resolution No. e - Zo / - / 3
Page 5 of 6
rsvp contract 2010.rtf
-3 -3 -- id
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I hereby certify that I know or have satisfactory evidence that
i r,CA c- m ; vk s k is the person who appeared before me, and said
person acknowledged that he or she signed this instrument, and on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the
of the Yakima Valley Community College, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
march
DATED this 3 day of Jetntkapy, 2010.
Page 6 of 6
rsvp contract 2010.rtf
Print Name: T2? -6.s4 (...4-oi(0-4•A
NOTARY PUBLIC in and for the State of
Washington, residing at Va k v,.-, cL
My appointment expires: 3- 2- 9. 1 0
08
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: January 19, 2010
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
Ken Wilkinson, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575-6020
SUMMARY EXPLANATION:
Attached is a resolution authorizing the 2010 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 $2,000 for support of volunteer programs within the City of Yakima.
Funding for this agreement is included within the City's 2010 Budget.
Resolution X Ordinance Other (Specify) 2010 RSVP Aqreemen
Contract X Mail to (name and address): Assistant to the President, YVCC ,
P 0 Box 22520, Yakima WA
98907
Funding Source: Genera
Fund
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff respectfully requests adoption of the Resolution
authorizing execution of the attached 2010 Retired and Senior Volunteer Program (RSVP)
Agreement.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
S LIPPLEMENTAL INFORMATION
RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)
Yakirna
(Community 0%)II:Yge
0
RSVP
Ge/irg Th4 Dot.
120 S. 3rd Street, Suite 2008 Yakima WA 98901 Phone; (509) 574-1933 Fax (509) 574-4943
October 13, 2009
Rita DeBoard
City of Yakima
Department of Finance & Budget
129 North Second Street
Yakima WA 98901
Dear Ms, DeBoard:
Please consider this letter a request on behalf of RSVP to be considered for funding in the 2010 City of Yalcima
budget.
RSVP (the Retired and Senior Volunteer Program) of Yakima County.has been in Yakima for over 30 years. Our
mission is to activate seniors age 55 and over to serve in nonprofits, schools, government agencies and proprietary
health care organizations throughout Yakima County. Last year over 650 RSVP volunteers served approximately
122,000 hours in Yakima County, and approximately 100,000 of those hours were served in the City of Yalcinia!
We are also aware that the need to recruit Baby Boomers is of great concern to all local agencies that depend on
volunteer hours to provide services to the community. RSVP is actively recruiting this challenging group, and
currently has over 90 Boomers who have contributed over 17,000 volunteer hours!
In accordance with our federal funding sources, the Corporation for National and Community Service, we are
now tracking our impact in the community. Did you know that in 2008 in Yakima County, over 52,000 meals
were served at congregate meal sites; that over 45,300 meals were delivered to homebound seniors; that 8 food
banks distributed over 2.3 million pounds of food; that over 5,500 individuals received hand -knitted warm hats,
mittens, scarves, lap robes and baby items? Did you realize that volunteers are responsible for all this activity?
RSVP is a unique program designed to capture the experience and knowledge of seniors to assist in solving
community problems, a win-win situation if ever there was one. The City of Yakima has provided $3,000 in
funding, and $2,000 of in kind to RSVP of Yakima County every year since I have been director, (11 years) and
for many years before that. We understand that there may be a reduction in the available funding and request that
the City continue to provide funding, based on availability; to RSVP ofYakima County.
If you have any questions, or need additional information, please do not hesitate to contact me. Of course I will be
happy to provide an in person presentation to the City Council should one be desired.
Sincerely,
Deborah F. Wilson, Director
RSVP of Yakima County
Policy Issues • Outside and Intergovernmental Agencies— 27
CITY QF Vt./LUZ,
2010 MAJOR POLICY ISSUE
OUTSIDE AGENCY
RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)
BUDGETED / UNBUDGETED
PROPOSAL
This proposal is an outside agency request to provide financial support in the amount of $3,000 in
funding.
IMPACTS
a. Fiscal Impact - Non -personnel: $3,000 2009 Budget
1,000 Unbudgeted
$2,000 2010 Proposed Budget
As recommended by the Council Budget Committee, this is 33% of the amount approved by
City Council in the 2009 budget.
b. Proposed Funding Source - General Fund.
c. Public Impact - Supports volunteers in the community.
d. Personnel Impact - Contract administration.
e. Required Changes in City Regulations or Policies - None.
f Legal Constraints, if applicable - None.
g. Viable Alternatives - None.
CONCLUSION AND/OR STAFF RECOMMENDATION
This is a Council policy decision.
26 - Outside and Intergovernmental Agencies • Policy Issues
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