HomeMy WebLinkAboutR-1993-056 YMCAD
RESOLUTION NO. R-93 5 6
A RESOLUTION:
authorizing execution of an Agreement with
the Young Men's Christian Association of
Yakima for a summer playground program.
WHEREAS, the City of Yakima operates a Parks and Recreation
Division; and
WHEREAS, the Young Men's Christian Association of Yakima
wishes to cooperatively offer a summer recreational playground
program for youth; and
WHEREAS, The City Council deems such activities to be healthy
and beneficial for the youth of the City; 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 of the City of Yakima is hereby authorized and
directed to execute the attached and incorporated 1993 Agreement
between the City of Yakima and the Young Men's Christian Association
of Yakima for the period from June 21, 1993, to August 10, 1993.
ADOPTED BY THE CITY COUNCIL this '1 day
of J rLAAL , 1993.
ATTEST:
MAYOR
CITY CLERK
FOR OFFICIAL USE ONLY:
CONTRACT Na--,
Provider:
Address: Vendor No.
City State Zip
Work Phone No. Home Phone No.
Expenditure Code:
1993 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF YAKIMA
This Agreement is made and entered into the J T day of
, 1993, by and between the City of Yakima, Department of
Public Works, Parks and Recreation Division, herein referred to as the "City"
and the Young Men's Christian Association of Yakima, 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 1993.
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 YMCA in conjunction with the City's 1993
summer parks program. The summer parks program shall
commence on the 21st day of June, 1993, and terminate on the
20th day of August, 1993. The total number of weeks to be
supervised is nine (9).
2. 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.
Contract No.
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 expressly 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, induding
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 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. The policy shall name the City as an additional
insured.
8. 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. In addition, the YMCA will
adhere to the Program Schedule, Attachment "C," and the
Program Guidelines, Attachment "D."
9. If the YMCA fails to comply with the terms and conditions of
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 giving the YMCA five (5)
days notice of termination.
YMCA CONTRACT
June 1, 1993
PAGE 2
Contract No.
10. If the City substantially deviates from the terms and conditions
of this Agreement, the YMCA may terminate this Agreement by
written notice, giving the City thirty (30) days notice of
termination.
11. 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 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.
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 signatories.
YMCA CONTRACT
June 1, 1993
PAGE 3
9'3
Contract No.
YOUNG MEN'S CHRISTIAN ASSOCIATION OF YAKIMA
/Authorized Signature
Address
Phone Number
CITY OF YAKIMA
ATTEST:
/ Date
9/ -
City State Zip Code
e. l _5� / 9c/3
City Manager Date
City Clerk
YMCA CONTRACT
June 1, 1993
PAGE4
Contract No.
ATTACHMENT "A"
Areas of Responsibilities:
1. The City of Yakima Parks and Recreation Division shall:
A. Promote the 1993 summer playground program within its 1993
Summer Program Guide.
B. Provide keys to the YMCA for storage areas at the selected City
parks.
C Pay the YMCA for services provided within thirty (30) days after
receiving the invoice/bill.
2. The Young Men's Christian Association shall:
A. Plan, organize, implement, and supervise the 1993 summer
playground 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 30, 1993. Equipment and supplies are to be
returned to the City's Recreation Supervisor.
D. Promote the 1993 summer parks program and include in all
promotional materials and information the following
statement: Funds for this program are provided by the City of
Yakima Parks and Recreation Division. Additional funding
agencies should also be mentioned.
E. Provide three (3) 1993 summer playground programs at the
following City locations: Martin Luther King Park, Miller Park,
and Garfield School. Program sites may be deleted or added
depending on available funds. Final determination will be
made by the YMCA and City's Recreation Supervisor by June 1,
1993.
F. Solicit additional funding for the 1993 summer playground
program from United Way and/or other appropriate funding
agencies to fund the three (3) program sites if appropriate.
YMCA CONTRACT
June 1, 1993
PAGE 5
Contract No.
G. Adhere to the Program Schedule, Attachment "C," which is
attached and incorporated into this Agreement.
H. Provide three (3) itemized invoices/billings to the City's
Recreation Supervisor on or before June 30, 1993; July 30, 1993;
and August 30, 1993.
I. Provide to the City's Recreation Supervisor weekly participation
figures. These must include the number of participants, sex, age,
and ethnic make-up. This data must be submitted by the fifth of
the month for the previous month.
J.
At the conclusion of the program, meet with the Recreation
Supervisor to evaluate the program and make
recommendations for future programs. In addition, submit a
written program report including analysis of program activities,
participation summary, and overall program evaluation.
K. Provide an itemized bill to the City for payment for services
according to Attachment "B."
L. All prospective employees hired with funds from this
Agreement shall submit to a background check pursuant to
RCW 43.43.830-835. This disclosure shall be made in writing and
signed by the applicant and sworn under penalty of perjury.
Background information checks may be obtained from the
Washington State Patrol.
YMCA CONTRACT
June 1, 1993
PAGE 6
ATTACHMENT "B"
PAYMENT SCHEDULE
Contract No.
1. The City of Yakima Parks and Recreation Division shall:
A. Pay the Young Men's Christian Association of Yakima $12,500
for Miller, Martin Luther King, and Garfield Playground
Programs.
B. Make disbursement to the Young Men's Christian Association of
Yakima within thirty (30) days, after receiving an itemized
invoice/billing on the following dates: June 30, 1993; July 30,
1993; and August 30, 1993.
2. The Young Men's Christian Association of Yakima shall:
A. Provide three (3) itemized invoices/billings to the City's
recreation Supervisor for the 1993 summer playground program
on or before June 30, 1993; July 30, 1993; and August 30, 1993.
B. Provide a final written financial report to the City's Recreation
Supervisor for the 1993 summer playground program on or
before September 30, 1993. To be included in this final report are
any service adjustments, additional fees and charges, and their
reconciliation. The City has the right to set-off as to any accrued
fees in the nature of reimbursement for failure to perform.
YMCA CONTRACT
June 1, 1993
PAGE 7
Contract No.
ATTACHMENT "C"
PROGRAM SCHEDULE
Locations:
1. Martin Luther King Park
2. Miller Park
3. Garfield School
Times:
10:00 a.m. through 4:00 p.m.
Six (6) hours total
Days of the Week:
Monday through Friday
Length of Program:
9 weeks beginning June 21, 1993, and ending August 20, 1993.
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. Each staff
person shall cooperate in providing such information as is necessary to
complete background checks pursuant to RCW.
Contract Deadlines:
1. Itemized invoice billing due
a. June 30, 1993
b. July 30, 1993
c. August 30, 1993
2. Return all equipment and supplies
a. August 30, 1993
3. Program report due
a. September 30, 1993
4. Financial report due
a. September 30, 1993
YMCA CONTRACT
June 1, 1993
PAGE 8
Contract No.
ATTACHMENT "D"
YAKIMA PARKS AND RECREATION
1993 SUMMER PLAYGROUND PROGRAMS
PROGRAM GUIDELINES
PLAYGROUND SITES:
Miller Park
Martin Luther King Park
Garfield School
HOURS OF OPERATION: 10:00 a.m. to 4:00 p.m.
PROGRAM DATES:
Monday through Friday
June 21, 1993 - August 20, 1993
Total of 9 weeks
STAFFING: Two trained Playground Leaders per site on duty
during all program hours.
PARTICIPANT AGES: Activities are to be geared toward the 5 -12 -year-
old child.
PROGRAM CONTENT: Program activities should be diversified to meet
the recreational and social needs of the
participants. They may vary per park.
Incorporated should be weekly themes, special
activities, sports, arts and crafts, music, drama,
and low organized games. Daily activities will
be planned and organized by the YMCA staff.
LUNCH PROGRAM:
SUPPLIES:
YMCA CONTRACT
June 1, 1993
PAGE 9
Children should be encouraged to participate in
the free County Lunch Program if one is
available close to the designated playground site.
One staff person should accompany the children
to and from the lunch program.
The YMCA will be responsible for purchasing
and maintaining all equipment and supplies. A
beginning and ending inventory should be kept.
PROMOTION:
ATTENDANCE:
AGREEMENT:
Contract No.
All promotional material should include the
statement, "Funding for this program is
provided by the City of Yakima Parks and
Recreation Division." The City shall promote
the playground program in its summer
brochure. All other promotion will be the
responsibility of the YMCA.
Daily attendance records should be kept. These
should include the number of participants, age,
sex, and ethnic background. This data needs to
be given to the Recreation Supervisor on a
monthly basis.
The City will provide the YMCA with an
agreement to be signed prior to the start of the
program.
PROGRAM FUNDING: The maximum cost per playground site will be
$5,000. Designated funding is as follows:
BILLING
City Funds: $10,000 (confirmed)
Pennies for Playgrounds $ 2,500 (needed)
YMCA $ 2,500 (needed)
Total for 3 playground Sites $15,000
The YMCA will provide an itemized bill to the
City of Yakima Parks and Recreation Division
monthly.
CITY CONTACT: The City's contact person will be Denise Nichols,
Recreation Supervisor - 575-6020.
YMCA CONTRACT
June 1, 1993
PAGE 10