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.
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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
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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.
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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.
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