HomeMy WebLinkAboutR-1994-055 Substance Abuse Coalition•
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RESOLUTION NO. R-94- 5 5
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute an Agreement between the City of Yakima
and the Yakima County Substance Abuse Coalition, Inc.
WHEREAS, the City needs services to provide after school recreational
activities/programs for youth at risk, and
WHEREAS, the City does not have the staffing levels or specialized expertise
to conduct said activities/programs, and
WHEREAS, the Yakima County Substance Abuse Coalition, Inc is able to
provide said after school recreational activities/programs for youth at risk, and it
is in the best interest of the City to contract to utilize their experience according
to the terms and conditions of the attached Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Cit) Manager and City Clerk are hereby authorized and directed to
execute the attached and incorporated Agreement with the Yakima County
Substance Abuse Coalition, Inc for the purpose of providing after school
recreational activities/programs for youth at risk.
ADOPTED BY THE CITY COUNCIL this 7lday of May , 1994
ATTEST Mayor
City Clerk
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AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION, INC.
{
THIS AGREEMENT is made and entered into this r f day of �4('-moi
1994, by and between the City of Yakima, Department of Public Works, Parks
and Recreation Division, 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 needs supervised after school recreational activities
in cooperation with the Yakima Gang Intervention/Prevention Coalition for
youth at risk.
WHEREAS, YCSAC has experience and expertise in providing supervised
after school recreational activities and agrees to perform these services for the
City under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and
YCSAC as follows:
1. Professional Services. The duties of activity formulation and
supervision will be performed by YCSAC in conjunction with the goals of the
Yakima Gang Intervention/Prevention Coalition. Program sites include the
following locations within the City of Yakima: Southeast Community Center;
Washington School; Adams School; Garfield School; and Barge Lincoln School.
The supervised after school recreational activities will be conducted Monday
through Friday of each week during the school year and will coincide with the
Yakima School District calendar. Kids' Place activities for 5 to 12 year old
youths will be held from 3 to 6 p.m. Night Action activities for 13 to 19 year old
youths will be held from 6 to 9 p.m. Special areas of responsibility for both the
City and YCSAC are contained and described in Attachment A, which is
attached and hereby incorporated into this Agreement.
2. Consideration. The City agrees to compensate YCSAC a total of Seventy
Thousand, Seven Hundred and Fifty Dollars ($70,750.00) for all services
performed under and pursuant to this Agreement. YCSAC shall submit
satisfactory documentation (invoices/billings) to the City Recreation Supervisor
on or before December 31, 1994. The City shall make the required
disbursement to YCSAC within thirty (30) days after receiving said
documentation.
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3. Term. The term of this Agreement shall commence--qn the
of �_ri . , 1994, and terminate on the -3/ qday ofi.
day
, 1994.
4. 'f Status of YCSAC. YCSAC and the City understand and expressly agree
that YCSAC is an independent contractor in the performance of each and every
part of this Agreement. YCSAC and its employees shall make no claim of City
employment nor shall claim against the City any related employment benefits,
social security, and/or retirement.
5. Taxes and Assessments. YCSAC shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
assessments, including but not limited to, Federal Income Tax, FICA, Social
Security Tax, assessments for unemployment, and industrial injury, and other
deductions from income which may be required by law or assessed against
either party as a result of this Agreement. In the event the City is assessed a
tax or assessment as a result of this Agreement, YCSAC shall pay the same
before it becomes due.
6. Discrimination. During the performance of this Agreement, 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.
7. Compliance With Law. YCSAC agrees to perform those services under
and pursuant to this Agreement in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental
agency or regulatory body, whether federal, state, local, or otherwise.
8. No Insurance. It is understood the City does not maintain liability
insurance for YCSAC or its employees.
9. Hold Harmless. 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.
10. Insurance. On or before the effective date of this Agreement, YCSAC
shall provide to the City Recreation Supervisor, proof of liability 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.
11. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by YCSAC to
any other person or entity without the prior written consent of the City. In the
event that such prior written consent to an assignment is granted, then the
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assignee shall assume all duties, obligations, and liabilities of YCSAC as stated
herein.
12. Termination. The City may terminate this Agreement, with or without
cause, by giving YCSAC ten (10) days written notice of termination.
13. Damages. If for any reason YCSAC fails to provide the service as
specified in this Agreement and the City is forced to secure such services from
another person or entity, YCSAC shall be liable for any and all additional
expenses to fulfill its obligation to the City under this Agreement. This
provision shall not serve as a limitation upon other damages that may be
available to the City pursuant to statutory and/or common law.
14. Severability. 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 full force and effect.
15. Integration. This written document constitutes the entire agreement
between the City and YCSAC. No changes or additions to this Agreement shall
be valid or binding upon either party unless such change or addition be in
writing and executed by both parties.
16. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO CITY:
TO YCSAC:
Recreation Supervisor
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Yakima County Substance Abuse
Coalition, Inc.
1211 South 7th Street
Yakima, WA 98901
or to such addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid.
Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
17. Attorney's Fees. In the event that any suit or action is instituted by
either party to enforce the compliance with or interpret any of the terms,
covenants, or conditions of this Agreement, the prevailing party shall be
entitled to collect, in addition to necessary court costs, such sums as the court
may adjudge as reasonable attorney fees. The venue for any action to enforce
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or interpret this Agreement shall lie in the Superior Court of Washington for
Yakima County, Washington.
CITY OF YAKIMA YAKIMA COUNTY SUBSTANCE
ABUSE P +ALITION, INC.
By:
Dick Zais, City Manager
ATTEST:
City Clerk
City Contract No.
t't s\_
STATE OF WASHINGTON
County of Yakima
)
:ss.
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that
he/she signed this instrument, on oath stated that he/she was authorized to
execute the instrument and acknowledged it as the of the Yakima
County Substance Abuse Coalition, Inc., a non-profit corporation, to be the free
and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED:
NOTARY PUBLIC in and for the
State of Washington, residing at
My commission expires:
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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 after
receiving the invoice/bill.
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 (5 to 12 year olds)
shall be operated Monday through Friday from 3 p.m. to 6 p.m. and
Night Action (13 to 19 year olds) from 6 p.m. to 9 p.m.. Said programs
shall include a variety of recreational, sports and fitness, homework
assistance, and special events subject to the approval of the Parks
and Recreation Manager. Both programs shall be conducted at four
separate sites (Southeast Community Center, Barge -Lincoln School,
Garfield School, Washington/Adams Schools) for the months
commencing April, 1994 through December, 1994.
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: Funds for
this program are provided by the City of Yakima Parks & Recreation
Division. 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
Recreation Supervisor by the 5th of every month for the previous
month.
P & R Contracts
YCSAC
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