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Home My WebLink AboutR-1993-039 Substance Abuse Coalition / YouthRESOLUTION NO. R-93- V '✓ A RESOLUTION authorizing the execution of a 1993 Agreement Between the City of Yakima and the Yakima County Substance Abuse Coalition, Inc. for Summertime Youth Recreation and Gang Prevention Activities. WHEREAS, the City of Yakima recognizes the need to provide recreational and gang prevention activities to its youth so as to foster the general health, safety, and welfare of the community; and WHEREAS, the City of Yakima Parks and Recreation Division does not possess the necessary staff to conduct such programs contracted for under this Agreement; and WHEREAS, the City of Yakima has heretofore contracted for such services from the same source under Contract No. 92-113 which will expire May 31, 1993; and WHEREAS, the need for such services is ongoing especially during the summertime; and WHEREAS, the City finds it necessary to contract with the YCSAC to provide supervised summertime recreational and gang prevention activities in cooperation with the Yakima Gang Intervention/Prevention Coalition, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "1993 Agreement Between the City of Yakima and the Yakima County Substance Abuse Coalition, Inc. for Summertime Youth Recreation and Gang Prevention Activities." ADOPTED BY THE CITY COUNCIL thisn ' da}y of ��- , 1993. czt7L ATTEST: Mayor eh �� f ,ice -ice City Clerk (1s)res/vanek/sbstnce abuse.jv 1993 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION, INC. FOR SUMMERTIME YOUTH RECREATION AND GANG PREVENTION ACTIVITIES THIS AGREEMENT is made and entered into the 1st day of June, 1993, by and between the City of Yakima, herein referred to as the "City" and the Yakima County Substance Abuse Coalition, Inc., a non-profit corporation herein referred to as "YCSAC." WHEREAS, the City of Yakima recognizes the need to provide recreational and gang prevention activities to its youth so as to foster the general health, safety, and welfare of the community; and WHEREAS, the City of Yakima Parks and Recreation Division does not possess the necessary staff to conduct such programs contracted for under this Agreement; and WHEREAS, the City of Yakima has heretofore contracted for such services from the same source under Contract No. 92-113 which will expire May 31, 1993; and WHEREAS, the need for such services is ongoing especially during the summertime; and WHEREAS, the City finds it necessary to contract with the YCSAC to provide supervised summertime recreational and gang prevention activities in cooperation with the Yakima Gang Prevention -Intervention Coalition, now, therefore, WITNESSETH: That 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 YCSAC. Program sites are Southeast Community Center, Washington/Adams Schools, Garfield and Barge Lincoln Schools. Programs will run Monday through Friday during the school year and coincide with the Yakima School District calendar. Kids' Place (for 5- 12 years) will be held from 3:00 p.m. to 6:00 p.m. and Night Action (13-19 years) from 6:00 p.m. to 9:00 p.m. During the public school summer vacation, the same programs shall operate daily at the same sites four hours for the Kids' Place program and six hours for the Night Action program. 2. During the performance of this Agreement, the YCSAC 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 responsibility for both the City and the YCSAC are contained in Attachment "A" which is attached and incorporated into this Agreement. Page 1 of 4 (1s)agr/vanek/sbstnce abuse jv 4. It is expressly agreed upon by both parties that the YCSAC program staff are not employees of the City. The YCSAC 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 Tax, Assessment for Unemployment and Industrial Injury. 5. It is understood that the City does not maintain liability insurance on the YCSAC or its employees. 6. The YCSAC 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 YCSAC shall provide to the City's Recreation Supervisor, proof of liability of insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its officers, agents, and employees as additional insured. 8. As consideration for the services specified in this Agreement, the City agrees to compensate the YCSAC according to the payment schedule, Attachment "A" which is attached and incorporated into this Agreement. 9. If the YCSAC fails to comply with the terms and conditions of this Agreement in such a manner that the City of Yakima 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 giving the YCSAC five (5) days notice of termination. In the event of termination, YCSAC shall be paid pro rata for services rendered to the date of termination. 10. If the City substantially deviates from the terms and conditions of this Agreement, the YCSAC may terminate this Agreement by written notice, giving the City thirty (30) days notice of tei mination. 11. If for any reason prior to termination of this Agreement as provided herein the YCSAC fails to provide the services specified in this Agreement and the City is forced to secure other such services, the YCSAC shall be held liable for any and all additional expenses to fulfill their obligation to the City under this Agreement. 12. 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. Page 2 of 4 (ls)agr/vanek/sbstnce abuse jv 13. 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. 14. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in force. 15. Any modification of this Agreement must be in writing and signed by both below signators. CITY OF YAKIMA R A. Zais, Jr., City Manager 129 North 2nd Street Yakima, WA 98901 (509)575-6040 DATE: 2 99 3 ATTEST: 12) c -¢--v„ City Clerk DATE: -M -11 1 cL°s-3 Page 3 of 4 (ls)agr/vanek/sbstnce abuse jv YAKIMA COUNTY SUBSTANCE ABUSE COALITION, INC. Authorized Signature 1211 South 7th Street Yakima, WA 98901 (509)575-6114 DATE: i1 7/fes ATTACHMENT "A" Areas of Responsibilities: 1. The City of Yakima Parks & Recreation Division shall: A. Promote the Kids' Place/Night Action programs in its quarterly brochure. B. Pay the YCSAC for services provided within thirty (30) days according to the following schedule: June 1, 1993- $16,666.00 July 1, 1993 - $16,666.00 August 1, 1993 - $16,668.00 For a total amount of $50,000.00 2. The Yakima County Substance Abuse Coalition shall: A. Plan, organize, implement, and supervise the Kids' Place/Night Action programs at the four (4) site locations, including staff, equipment, supplies, and promotion. Kids' Place and Night Action programs shall be conducted according to the provisions of Section 1 herein. Said programs shall include a variety of recreational, sports and fitness, homework assistance, and special events subject to the approval of the City of Yakima Parks and Recreation Manager. Both programs shall be conducted at four (4) separate sites (Southeast Community Center, Barge -Lincoln School, Garfield School, Washington/Adams Schools) for the months commencing June 1, 1993 through August 31, 1993. B. Provide a minimum of two (2) qualified staff persons at each site during the program hours. C. Promote the Kids' Place/Night Action programs and include in all promotional materials and information the statement: Partial funds for this program are provided by the City of Yakima. Additional funding agencies should also be mentioned. D. Provide a monthly written program report and evaluation which, at a minimum, shall contain attendance figures per site per day to the City of Yakima Recreational Supervisor by the 5th of every month for the previous month. Page 4 of 4 (ls)agr/vanek/sbstnce abuse.jv