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HomeMy WebLinkAboutJunior League of Yakima - Programming Agreement at the Washington Fruit CenterAGREEMENT *;;Oi� Programming at the Washington Fruit Center THIS AGREEMENT (hereinafter 'Agreement") is made and entered into by and between the City of Yakima (hereinafter the "City") a Washington municipal corporation, and Junior League of Yakima (hereinafter "Programmer) WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Programming Services The minimum services (hereinafter referred to as 'Programming") that the Programmer will provide include those as described in Programmer's RFP Submittal, which is attached as Exhibit A hereto and incorporated herein by this reference. 2. Contract Term Programming will be awarded for one 12-month contract period. Non-competitive continuation requests will be considered up to two (2) additional years depending on performance and availability. 3. Termination Either party may terminate the Contract at any time, without cause, by providing at least thirty (30) calendar days' notice, in writing, of the intended date of termination. 4. Agency Relationship between City and Programmer Programmer shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Programming. Pmgrammer shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Programmer be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Compliance with Law Programmer agrees to perform all Programming under and pursuant to this Contract in full compliance with any and all applicable laws, rules, ordinances and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise including policies adopted by the City, as such laws, ordinances, rules, regulations and policies apply to the use and operation of City of Yakima property, facilities and operations as those laws, ordinances, rules, regulations, and policies now exist or may hereafter be amended or enacted. 6. Non -Discrimination During the performance of this Contract, Programmer agrees as follows: The Programmer shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). 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. In the event of the Programmers noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Programmer may be declared ineligible for any future City contracts. 7. The Americans With Disabilities Act With regard to the services to be performed pursuant to this Agreement, Programmer 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 antidiscrimination 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. 6. No Insurance Provided by City It is understood the City does not maintain liability insurance for Programmer and/or its staff. 9. Indemnification and Hold Harmless Programmer agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, and employees (hereinafter "parties protected") from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to Programmer's provision of services, work or materials pursuant to this Agreement. Programmer further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder. 10. Insurance On or before the effective date of this Agreement, Programmer shall provide the City with a certificate of insurance as proof of liability insurance in the amount of Two Million Dollars ($2,000,000 00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). 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, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. Insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. The insurance company shall be either admitted in the State of Washington or a licensed surplus lines insurance company in the State of Washington If the City is damaged by the failure of Programmer to maintain the above insurance or to so notify the City, then Programmer shall bear all costs attributable thereto. If requested, Programmer shall provide the City With a complete copy of the policy. 11..Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Programmer 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 Programmer stated herein 12. Background Checks Personnel (Programmer and Staff, including Volunteers) must undergo a 10-year criminal history background check, initiated and paid for by Programmer. Initial background checks must be performed within thirty (30) days of award of contract and reports given to the City Representative at that time. Checks on any new staff hired during the term of this contract must be performed immediately and reports given to the City Representative as soon as they are available. a. Programmer and Staff must not have been convicted of any crimes against any vulnerable population in any degree in the preceding ten (10) year period. b. Programmer and Staff must not have been convicted of the crime of larceny or theft in any degree in the preceding five (5) year period. Page 2 of 5 i c. Programmer and Staff must be clearof any domestic violence, sexual or drug related convictlons. Programmer and Staff shall be free from any pending felony actions or convictlons. d. Programmer shall maIntain a drug free workplace/policy, No staff may be under the influence or exhibit any signs of either alcohol, drug use, or both. a. Annually, during contract renewal, Programmer will provide the same background check for each staff member working on this contract that was required when the contract was awarded. f. Violation of, or failure to adhere to any of the above requirements shall be deemed sufficient cause for termination. a. Programmer is responsible for supervision of all minors and persons who are part of a vulnerable population and/or require special care, who are in attendance at their program(s) at all firnes. is Programmer is responsible for hiring, counseling, discipline, and firing of their own program staff. c. Programming must be kept to a sound level that does riot disrupt other programs. d. Programmer agrees to exercise the utmost cam in the use of the facility and property. No permanent alterations may be made. All tables and chairs must be returned to the appropriate storage area in good order. All debris and soils must be cleaned. Trash must be placed I bags, removed from building and deposited in the outside receptacle. All supplies and equipment must be removed from the building Immediately following your session. Any equipment that remains will be made available to all users of the facility at no charge. Building must be returned to the same condition as when you arrived. a. Facility Security The City may prohibit entry to any secure facility, or remove from the facility, a Programmeror a staff member who does not perform his/her duties in a professional manner, or who violates the secure facility's security rules and pmcedums. The City reserves the right to search any person, properly, or article entering its ft-III&S. 14. Integration This Contract, along with the City of Yakima's RFP 12111P Programming at the Washington Fruit Center and thc-! Programmet's response to the Request for Proposals CRIFF), represents the entire understanding of the City and Programmer as to those matters contained herein. No prior oral or written understanding shall be of any force or SW wit[' respect to those matters covered herein. This Contract may not be moded or altered except in writing signed by both ♦artles. 15. Severability If anx Dodion of this MmOrne Is ch r mutual moment or *Tv is YeV !Tvalid. ft,91 r-M-ATfar if ft-I J1LL-717AI 16. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 17. Venue Qe ve?;Ye fir a%y j&!f !:Oal aa3mN ft eAftm, ir iiita7iimt U; Ciritnad shall Ila in a ityitif tuagatent lydollelln in Ya'.tmns County, Washington. 18. Authority The person executing this Contract, on behalf of Programmer, represents and warrants that helshe has been fully authorized by Programmer to execute this Contract on its behalf and to legally bind Programmer to all the terms, performances and provisions of this Contract. On= 19. 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: Ken Wilkinson Parks & Recreation Manager City of Yakima Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 TO PROGRAMMER: Kristen Chadet President Junior League of Yakima 32 N 3ro Street, Suite 430 Yakima, WA 98901 20. Survival The foregoing sections of this Contract, 2-19 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. ITY OF YAKIMA JUNIOR LEAGUE OF YAKIMA I01'' By: _ -- City Manager a Z' Date: M Date: z , k U �a name) ci � *eel Cit�Crk t^ o Page 4 of 5 14 4:111t0 To the City of Yakima, September 17, 2021 The Junior League of Yakima is an organization of women committed to promoting voluntarism, developing the potential of women, and improving the community through the effective action and leadership of trained volunteers. Through part of a national network of organizations encompassing 150,000 women across four countries, our local chapter of the Association of Junior Leagues International is 250 members strong and actively engaged in a wide array of community service projects, material relief, and grant programs that support safe housing and better living conditions for those most in need, as well as educational assistance for women. The Junior League of Yakima strives to impact the community by designing programs around our current focus area: Empowering Girls —Inspiring Leaders. JLY hosts an annual leadership summit in the spring for middle school girls and offers an after -school book club. All programs are designed to promote positive self-image and create new opportunities for girls in Yakima. The Junior League of Yakima also provides leadership training for its members so they too may become more informed change agents throughout our community. We consider it a privilege and an honor to serve our community and take part in collaboration and partnerships with other community entities. Below is our RFP application for consideration with the Washington Fruit Community Center. Sincerely, Crystal Liebert Vice President, Junior League of Yakima Community Service jlycommunications@gmail.com (509)834-1700 32 N 3rd Street, Suite 430, Yakima, WA 98901 www.juniorleagueofyakima.org Mailing: PO Box 2087, Yakima, WA 98907 E: jlycommunications@gmail.com A separatb RVP Submittal, is required for each proposed progW. Provide a cover letter, written on official business stationery and signed by an official authorized to legally bind the Proposer. Include the following: A. Name and title of Proposer representative The Junior League of Yakima— Girls Book Club B. Name, physical and mailing address of nonprofit organization The Junior League of Yakima, 32 N. 3rd Street, Ste. 430, Yakima WA 98901 C. Telephone number and email address iNcommunications@gmaiLcom D. A statement that the Proposer believes its Proposal meets all the requirements set forth in this RFP The Junior League purpose is both educational and charitable. Our goal is to improve our community through action and leadership of trained volunteers. E. Any additional information that Proposer would like the City of Yakima to consider The Junior League of Yakima looks forward to opportunities to support growth and partnerships in our community. I r"rovide a detailed description of the proposed programming including the following: A ' Schedule of Activities Every session includes: Icebreaker or Engagement activity Presenting books for the current reading Guided questions and discussion on the current book Snacks given out to participants JUNIOR LEAGUE OF YAKIMA 32 N 3rd Street, Suite 430, Yakima, WA 98901 www.juniorleagueoakima.org Mailing: PO Box 2087, Yakima, WA 98907 E: jlycommunications@gmaii.com B. Service Capacity (number of youth/families to be served) Middle school girls with 8-10 attendees. C. Staffing overview and qualifications Junior League of Yakima members who are trained volunteers The goal of the Book Club will have age appropriate subjects and aims to increase access to books, knowledge of successful women and increase participation in school activities. Taking into considerations the COVID stipulations/mandates/rules, we are planning to meet 2x monthly. Beginning in October or November 2022 through June 2022 Dates and times TBD F. Literature Citation(s) providing evidence of benefits to be realized by the community from the proposed programming Hough, L. (n.d.). Girlhood. Harvard Graduate School of Education. Retrieved September 17, 2021, from https://www.gse.harvard.edu/news/ed/I 9/0 1 /girlhood. Whittingham, Jeff L.; Huffman, Stephanie. "The effects of book clubs on the reading attitudes of middle school students." The Free Library 22 September 2009. 17 September 2021 <bggs-,//wwwj�hefree�librar c�omfThe �effegtsof book clubs on the readina attitudes of middle school...-a0209103173>. 11. QUALIFICATION REQUIREMENTS Proposers should address the following areas in their RFP Submittal: A. Experience: The Junior League of Yakima has been involved with numerous community partnerships in th(--. Yakima Valley since 1934. Our mission is to promote voluntarism in our community. To improve our communities though action and leadership of our trained volunteers. The Girls Book Club is part of our strategic plan and has been running since 2017. JUNIOR LEAGUE OF YAKIMA 32 N 3rd Street, Suite 430, Yakima, WA 98901 www.juniorleagueofyakima.org Mailing: PO Box 2087, Yakima, WA 98907 E: jlycommunications@gmaii.com JUNIOR LEAGUE OF III YAKIMA 1) Explain the qualifications your organization has to provide the proposed programming, The Junior League of Yakima also provides leadership training for its members so they are prepared for cultural and age appropriate programming. We have veteran Junior League memben that have participated with tile book club since dtve4opment that provide the support and training to the new members. 2) Describe your experience in providing similar programming. Since 20171, the Junior League of Yakima has been partnered with the after school program On the Comer located at Central Lutheran Church. We have held the Girls Book Club with middle school girl attendees. 3) Describe existing partnerships that may contribute to your success. The Junior League o Yakima has various partnerships throughout the Yakima Valley. For the Gi s Boo C u , our ongoing relationships with the middle schools in the Yakima School District, On the Comer after school prpgtqM, Inklings Bbokshpp and Our lunibr League of I 4) Provide a copy of your current 501 ( C) ( 3 ) registration. See attachment. B. Cultural Competency The Junior League of Yakima strives to be lifelong learners. We are reflective and trained volunteers. There is an enrichment in learning and understanding the various backgrounds, values and traditions that make up our community. We continue to learn from others and are grateful for that process. The Junior League of Yakima has a DEI committee that provides ongoing opportunities also to increase our awareness. 1) Describe your plan for ensuring programming and activities will ser*e the cultural, economic, In our selection of books and discussion questions we consider the population of our community, the age/development, interests, relatability, language and other unique characteristics of our participants. JUNIOR LEAGUE OF YAKIMA 32 N 31d Street, Suite 430, Yakima, WA 98901 www.juniorleagueofyakima.org Mailing: PO Box 2087, Yakima, WA 98907 E: jlycommunications@gmail.com C. Optional Monetary Contributio • i Provide a description of your agency's proposed monetary contribution to WA Fruit Center, if any. Not applicable JUNIOR LEAGUE OF YAKIMA 32 N 31d Street, Suite 430, Yakima, WA 98901 www.juniorleagueofyakima.org Mailing: PO Box 2087, Yakima, WA 98907 E: jlycommunications@gmail.com