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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