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HomeMy WebLinkAboutR-2009-018 Parks Personal Services Agreement 2009RESOLUTION NO. R-2009-18 A RESOLUTION authorizing and directing the Parks and Recreations Division Manager of the City of Yakima to execute Personal Services Agreements during 2009 that are substantially in accord with the attached "Personal Services Agreement" in order to obtain specialized services for the Parks Division. WHEREAS, the City of Yakima Parks Division requires specialized services for various recreational and other programs during 2009; and WHEREAS, the City Council has approved funding of approximately $45,000.00 for such programs for 2009; and WHEREAS, the City of Yakima Parks Division desires to use Personal Services Agreements in substantial accord with the terms and conditions of the attached form "Personal Services Agreement" to hire individuals to provide such services; and WHEREAS, the City Council deems it to be in the best interests of the City of Yakima to authorize the Parks and Recreations Division Manager to execute agreements that are substantially in accord with the attached "Personal Services Agreement" in order to obtain specialized services during 2009, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Parks and Recreations Division Manager of the City of Yakima is hereby authorized to execute agreements that are substantially in accord with the terms and conditions of the attached "Personal Services Agreement" in order to obtain specialized services during 2009. ADOPTED BY THE CITY COUNCIL this 20th day of January, 200 ATTEST: }len 6L -k -J CityClerk id Ed er, Mayor FOR OFFICIAL USE ONLY: CONTRACT NO. Provider: (Please Print) Address: Vendor No. City State Home Phone No. Work Phone No. Zip Expenditure Code: PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and , (hereinafter "Contractor"): WHEREAS, the City requires specialized services to facilitate the scheduled program of the City Parks and Recreation Division. WHEREAS, Contractor has the experience and expertise necessary to perform the specialized services required by the City. WHEREAS, the specialized services are outside the usual course of business of the City of Yakima. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is, agreed by and between the City and Contractor as follows: 1. Scope of Services. Contractor shall provide services, staff, specialized equipment, and otherwise do all things necessary for or incidental to the performance of, work in conjunction with the program of the City Parks and Recreation Division and in accordance with attached and incorporated Exhibit "A." 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate on 12:00 p.m., January 31, 2010 unless sooner terminated by either party in accordance with Section 17 or Section 18 of this Agreement. 3. Consideration. As consideration for the services performed pursuant to this Agreement, the City agrees to compensate Contractor in accordance with attached and Page 1 incorporated Exhibit 'B." The Contractor shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after the services are provided. The City shall make payment to the Contractor within thirty (30) calendar days upon receipt of each invoice/billing; provided, however, that the Contractor waives any and all claims for compensation for services where the Contractor has failed to provide the City with an itemized invoice/billing for said services within sixty (60) calendar days of providing said services. Also, all payments are expressly conditioned upon the Contractor providing training services hereunder that are satisfactory to the City. 4. Independent Contractor Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Agreement. Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement free from supervision by the City over the methods and details of performance except as described in Exhibit "A". Additionally, and as an independent contractor, Contractor and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits, provided, however that Contractor may be eligible for industrial insurance from the City. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Contractor or any . officer, employee or agent of Contractor and the City. 5. Taxes and Assessments. Contractor 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, Contractor shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Contractor 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, 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. Contractor 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. Contractor agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and Page 2 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 Contractor and/or its employees. 10. Indemnification and Hold Harmless. Contractor shall defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor 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 Contractor stated herein. 12. Non -Waiver. The waiver by Contractor 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. 13. Damages. If for any reason the Contractor fails to provide the services required under this Agreement, the Contractor shall be liable for any and all additional expenses incurred by the City in securing such services elsewhere. 14. No Conflict of Interest. Contractor represents that he/she does not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any mariner or degree with the performance of this Agreement. Further, the Contractor specifically represents that he/she is not an officer or an employee of the City, nor does he/she reside with or contribute monetary amounts to any City employee or officer. 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. 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 Page 3 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. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination 18. 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 Contractor, or three (3) calendar days after mailing (by first class mail) of a written notice of termination to Contractor, whichever is sooner. 19. Survival. Any provision of this Agreement which imposes 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. 20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties .to their addresses as follows: TO CITY: TO CONTRACTOR: Recreation Supervisor Parks & Recreation Division 2301 Fruitvale Blvd. Yakima, WA 98902 (509) 575-6020 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. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington Page 4 22. 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 CONTRACTOR By: By: Ken Wilkinson Parks & Recreation Division Manager Print Name: DATE: DATE: City Contract No. R - Page 5 CONTRACT NO. EXHIBIT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Provide information packets to the Contractor a minimum of ten (10) working days prior to the activity, program or trip. B. Provide a tentative participant roster to the Contractor a minimum of one (1) working day prior to the activity, program or trip. A final roster will be available prior to the first class or session. C. Give a minimum of forty-eight (48) hours notice of schedule changes for which the Contractor has been scheduled. This notice does not apply to School District facility cancellations or Acts of God. D. Allow a program or activity to be rescheduled at a mutually agreed upon time and location as assigned by the Recreation Supervisor/Coordinator/Leader to meet the fulfillments of this contract. E. Pay the Contractor for services provided within thirty (30) days after receiving the invoice/bill. 2. The Contractor shall: A. Scope of Services: Adhere to the agreed upon instruction and/or services as described as follows: Page 6 CONTRACT NO. EXHIBIT "B" CONSIDERATION: As consideration for the services performed pursuant to this Agreement, the City agrees to compensate the Contractor as follows: Program Title: Activity Number. Amount: Per Program Title: Activity Number. Amount Per. Program Title: Activity Number. Amount Per: Program Title: Activity Number Amount 'Per Program Title: - Activity Number.. Amount Pen Program Title: Activity Number. Amount: Per Program Title: Activity Number. Amount: Per. The total sum of this agreement shall not exceed $10,000.00 Page 7 CONTRACT NO. IRS FORM 1099 (MIS) The U.S. Internal Revenue Code requires the City of Yakima to file "IRS FORM 1099" for certain payments which total an aggregate of $600 or more during the calendar year. When a correct taxpayer identification number, such as a Social Security Tax I.D. number, has not been furnished, the City of Yakima must withhold from payments a tax equal to 31 %. To assist the City of Yakima in meeting the Internal Revenue Service reporting requirements and for you to avoid the 31 % withholding requirement, please complete the items below, sign and date. Name: Address: City: State Zip Work Phone No. Home Phone No. Tax I.D. Number Social Security Number: Check one: Individual ( ) Corporation ( ) Partnership ( ) Professional Service Corp. ( ) Sole Proprietorship ( ) Authorized.. Signature Date If you believe payments to you by the City of Yakima are exempt from the Internal Revenue Service reporting requirements, please supply us with an explanation of the exemption with reference to the appropriate Internal Revenue Code Regulations providing for such exemption. NOTE: Even if you subsequently give us your Tax Identification Number, the City of Yakima cannot pay the withheld amount to you. Once the 31 % portion has been withheld, you must file a tax return to receive credit for the withheld amount. Page 8 • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4- a3 For Meeting of January 20, 2009 A Resolution authorizing Personal Services Agreements with Instructors, Officials and Referees needed for various Parks and Recreation Division Programs during 2009 SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575-6020 SUMMARY EXPLANATION: The Parks and Recreation Division requires specialized services from instructors, officials, and referees for various Parks and Recreation Division programs. Attached for Council's review is a master agreement necessary for obtaining those services. For 2009, the Parks and Recreation Division will execute approximately sixty (60) agreements with individuals for services, and the total value of all the agreements combined will be approximately $45,000. Program fee revenues offset this expenditure. Resolution X Ordinance _ Other (Specify) Master Personal Services Agreement Contract Mail to (name and address): N/A Funding Source Parks and Recreation Budget - $45,000 for all Agreements Combined APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests Council to approve the Resolution authorizing and directing the Parks and Recreation Division Manager to execute specialized personal services agreements for various Parks and Recreation programs for 2009. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: