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HomeMy WebLinkAboutR-1993-057 Milroy park / Salvation ArmyRESOLUTION NO. R-93 A RESOLUTION: authorizing an agreement between the City of Yakima and the Salvation Army of Yakima to provide a Summer Playground Program at Milroy Park. WHEREAS, the City of Yakima operates a Parks and Recreation Division; and WHEREAS, the Salvation Anny of Yakima wishes to cooperatively offer a summer recreation and playground program for youth; and WHEREAS. the City Council deems it to be in the best interest of the City to execute the attached and incorporated agreement; now. therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated "Agreement Between the City of Yakima and the Salvation Army of Yakima" for a summer playground program. ADOPTED BY THE CITY COUNCIL this S3-)11 day of ` , 1993. ATTEST: C,40e.- &et, MAYOR j-&-11_ CITY CLERK FOR OFFICIAL USE ONLY: CONTRACT NO. _5 / / -jai -s`i Provider: Address: Phone: Expenditure Code: 1993 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE SALVATION ARMY OF YAKIMA This Agreement is made and entered into the / 5' ' 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 Salvation Army of Yakima, an individual herein referred to as "Salvation Army." WHEREAS, the City finds it necessary to contract with the Salvation Army to provide a summer playground program at Milroy Park in a cooperative venture with the City's Parks and Recreation Division, WITNESSETH: That for and in consideration of mutual covenants, promises and agreements herein contained, the parties mutually agree as follows: 1. To jointly initiate a summer playground program for youth ages 5 to 12 years of age at Milroy Park. Program dates are June 21, 1993, through August 20, 1993. The total number of weeks under this agreement is nine (9). 2. During the performance of this Agreement, the Contractor 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 Contractor are contained in Attachment "A", which is attached and incorporated into this Agreement. 4. It is expressly agreed upon by both parties that Salvation Army personnel, are not employees of the City. Salvation Army is solely responsible for complying with all applicable laws related to such work, including but not limited to payment of Federal Withholding Tax, FICA, Social Security Tax, Assessment for Unemployment and Industrial Injury. 1 5. It is understood that the City does not maintain liability insurance on Salvation Army and/or its members or employees 6. The Salvation Army 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 Salvation Army 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 Salvation Army according to the payment schedule, Attachment "B" which is attached and incorporated into the Agreement. 9. This Agreement, or any interest therein, cannot be assigned in whole or in part by the Salvation Army to any other party unless mutually agreed upon in writing by both parties. 10. If the Salvation Army fails to perform this Agreement in such a manner that the Parks and Recreation Manager in his sole discretion deems that the continuation of the Agreement is no longer in the best interest of the City, the City may terminate this Agreement by written notice, giving the Salvation Army five (5) days notice of termination. 11. If the City fails to comply with the terms and conditions of this Agreement, the Salvation Army may terminate this Agreement by written notice, giving the City thirty (30) days notice of termination. 12. If for any reason prior to termination of this Agreement as provided herein, the Salvation Army fails to provide the services specified in this Agreement and the City is forced to secure other such services, the Salvation Army shall be held liable for any and all additional expenses to fulfill their obligation to the City and 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. 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, this Agreement shall be amended in writing to reflect the change. SALVATION ARMY OF YAKIMA, INC. By: &tate5 �2'.G� Authorized Signature Its: COMMANDING OFFICER Title 9 South 6th Ave Yakima wa Q8902 Address 453-3139 Work Phone Number CITY OF YAKIMA City Manager Date Attest: City State Zip 31,k' _ /6, City Clerk 3 ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Assist the Salvation Army in determining the scope of the program. B. At the conclusion of the program, meet with the Salvation Army to evaluate the program and make recommendations for future offerings. C Pay the Salvation Army within thirty (30) days of receiving an itemized bill for services rendered according to Attachment "B". 2. Salvation Army of Yakima shall: A. Operate a summer recreational playground program at Milroy Park from June 21 through August 20, 1993. Hours of operation are 10:00 a.m. to 4:00 p.m., Monday through Friday, for a total of nine (9) weeks. B. Hire, train and supervise qualified staff to work the program. C Be responsible for the total planning and implementation of the program including staffing, equipment, supplies and program promotion. D. Include in all promotional material and information to the public the statement, "Funds for this program are provided by the City of Yakima, Parks and Recreation Division." Also listed may be other funding sources. E. Provide a written program schedule for public information purposes to the Parks and Recreation Office. This should include program days, times, location, contact person and phone number for further information. 4 F. Provide to the City's Recreation Supervisor, weekly participation figures. These must include number of participants, sex, age, and ethnic make-up. This data must be submitted by the fifth of the month for the previous month. G 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. IL Provide an itemized bill to the City for payment of services according to Attachment "B". I. 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. ATTACHMENT "B" PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Pay the Salvation Army of Yakima for staffing costs up to a maximum of $2,000.00. If needed, pay for program supplies to a maximum of $500.00. B. Make disbursement to the Salvation Army of Yakima within thirty (30) days, after receiving an itemized invoice/billing. 2. The Salvation Army of Yakima shall: A. Provide an itemized invoice/billing to the City's Recreation Supervisor for the 1993 Summer Playground Program on or before July 1, 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 changes 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. 6