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HomeMy WebLinkAboutR-1991-D5950 YMCARESOLUTION N0. D' 59 5 0 •A RESOLUTION authorizingexecution of an Agreement with the YoungMen's Christian Association of Yakima for a summer playground program. WHEREAS, the Parks and Recreation Division of the Department of Public Works lack sufficient personnel to conduct supervised playground activities in City parks during the summer of 1991; and WHEREAS, the City Council deems such activities to be healthy and beneficial for the youth of the City; and WHEREAS, the Young Men's Christian Association of Yakima, a Washington non-profit corporation, currently employs staff skilled in conducting organized youth activities and has offered to provide this expertise to the City of Yakima in return for the services spelled out in this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with the Young Men's Christian Association of Yakima for these services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "1991 Agreement between the City of Yakima and the Young Men's Christian Association of Yakima" for the period from June 17, 1991 to August 16, 1991. ADOPTED BY THE CITY COUNCIL this .245 -`day of June, 1991 MAYOR ATTEST: CITY CLERK ***********************$***************************** * ****** * FOR OFFICIAL USE ONLY: CONTRACT NO: GI}`9//3-5s0* * * * Provider: Y~ -A Address: -O o . BO( ���Bm- * * * * Phone: 7'118~ /24)2. Expenditure Code: * ***************************************************************** 1991 AGREEMENT BETWEEN THE CITY OF YAkIMA AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF YAKIMA �� / This Agreement, made and entered into the Z.5 -/w day of UWE 1991, by and between the City of Yakima, Department of Public Wor�s, Parks and Recreation Division, herein referred to as the `City' and the Young Men's Christians Association of Yaima, a non-profit corporation herein referred to as `YMCA'. WHEREAS, the City finds it necessary to contract with the YMCA to provide supervised summer playground activities in City parks during the summer of 1991. WITNESSETH: That for and in consideration of mutual covenants, promises and agreements, herein contained the parties mutually agree as follows: 1. The duties of activity formulation and supervision are to be performed by the YMCA in conjunction with the City's 1991 summer parks program. The summer parks program shall commence on the 17th day of June, 1991, and terminate on the 16th day of August 1991. The total number of weeks to be supervised is approximately nine (9). During the performance of this Agreement, the YMCA shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 3. Special areas of responsibilities for both the City and the YMCA are contained in Attachment `A' which is attached and incorporated into this Agreement. 4. It is epressly agreed upon by both parties that the YMCA program staff, are not employees of the City. The YMCA is solely responsible for compensating their employees and complying with all applicable laws related to such employment, including but not limited to payment of Federal Withholding Tax, FICA, Social Security Ta:, Assessment for Unemployment and Industrial Injury. 5. It is understood that the rity does not maintain liability insurance on the YMCA or its employees. 6. The YMCA shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any and all liability resulting out of the performance of this Agreement. 7. On or before the effective date of this Agreement, the YMCA shall provide to the City's Recreation Supervisor proof of liability of insurance in the amount of one million dollars that clearly states 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. S. As consideration for the services specified in this Agreement, the City agrees to compensate the YMCA according to the payment schedule, Attachment `B', which is attached and incorporated into this Agreement. 9. This Agreement, or any interest therein, can not be assigned in whole or in part by the YMCA to any other party unless mutually agreed upon by both the City and the YMCA. 10. If the YMCA fails to perform this Agreement in such a manner that the Parks and Recreation Manager in his sole discretion deems that the continuation of this Agreement is no longer in the best interest of the City, the City may terminate this Agreement by setting forth cause in a written notice and giving the YMCA ten (5) woring days notice of termination. 11. If the City fails to comply with the terms and conditions of this Agreement, the YMCA may terminate this Agreement by written notice, giving the City ten (10) working days notice of termination. 12. If for any reason prior to termination of this Agreement as provided herein the YMCA fails to provide the services specified in this Agreement and the City is forced to secure other such services, the YMCA shall be held liable for any and all additional expenses to fulfill their obligation to the City and it's 1991 summer parks program under this Agreement. 13. All notices required by this Agreement shall be deemed properly served when deposited in the United States Mail three (3) days prior to any deadline listed herein, postage prepaid, and addressed to the appropriate party at the addresses listed below. YOUR 14. This Agreement constitutes the entire Agreement between the parties. There is no other oral or written Agreements between the parties as to the subjects covered herein. 15. If any portion of this Agreement is changed per mutual Agreement the Agreement shall be ammended in writing to reflect the change. / :HRfGTIANE//ASSOCIATION OF YAkIMA: \c1 -9://(Z7 '' . Authorized Signature Address Worl, Phone Number CITY OF YAkIMA: City Manager Attest: City Clerk Date I t 9FX9, City StSte Zip Code Home Phone Number Date ATTACHMENT `A' AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: 2. A. Promote the 1991 summer parks program within it's 1991 Summer Program Guide. B. Provide keys to the YMCA for storage areas at the selected City parks. Pay the YMCA for services provided within thirty (30) days after receiving the invoice/bill. The Young Men's Christians Association Shall: A. Plan, organize, implement and supervise the 1991 summer parks program, including staff, equipment, supplies and promotion. B. Provide a minimum of two (2) qualified staff persons at each site during the program hours. C. Return all equipment and unused supplies purchased with City funds by August 30th, 1991. Equipment and supplies are to be returned to the City's Recreation Supervisor. D. Promote the 1991 summer parks program and include in all promotional materials and information the statement; ` Funds for this program are provided by the City of Yakima Parks & Recreation Division and the United Way of Yakima'. E. Provide five (5) 1991 summer playground programs at the following City locations: Franklin Park, Martin Luther King Park, Miller Park, Gardner Park and Garfield School. F. Adhere to the Program Schedule, Attachment `C' which is attached and incorporated into this Agreement. G. Provide an itemized invoice/billing to the City's Recreation Supervisor on or before June 14th, 1991 by 4:00pm. H. Provide a written program report and evaluation which shall, at a minimum, contain attendance figures per site per day, participation figures including sex and ethnic make-up, an analysis of program activities and an overall program evaluation including recommendations for future programs. ATTACHMENT 'B' PAYMENT SCHEDULE: 1. The City of .aPima Parqs and Recreation Division shall: A. Pay the Young Men's Christians Association of Yakima, seventeen thousand two hundred dollars and no cents ($17,200.00) for the 1991 summer playground program. B. Agree to pay the Young Men's Christians Association of Yal,ima within thirty (30) days, after receiving an itemized invoice/billing. The Young Men's Christians Anriation of Yakima shall: A. Provide an itemized invoice/billing to the City's Recreation Supervisor for the 1991 summer playground program on or before June 14th, 1991. B. Provide a final written financial report to the City's Recreation Supervisor for the 1991 summer playground program on or before September 30th, 1991. To be included in this final report are any service adjustments, additional fees and charges and their reconciliation. PROGRAM SCHEDULE: Locations; Times; ATTACHMENT 'C 1. Franklin Park 2. Martin Luther king Park 3. Miller Park 4. Gardner Park 5. Garfield School 10:00am through 4:00pm (6) hours total Days of the Week; Monday through Friday Will not offer programs on July 4 & 5, 1991. Weeks of Frogram; 1. June 17th - June 21st 2. June 24th - June 28th 3. July 1st - July 3rd 4. July 8th - July 12th 5. July 15th - July 19th 6. July 22nd - July 26th 7. July 29th - August 2nd 8. August 5th - August 9th 9. August 12th - August 16th Program Staff Requirements; A minimum of two (2) qualified staff persons per site are to be provided at all times during the scheduled program hours. Contract Deadlines; 1. Itemized invoice/billing due: June 14th. 2. Return are equipment and supplies: August 30th. 2. Program report due: September 30th. 3. Financial report due: September 30th.