HomeMy WebLinkAboutR-1994-081 Summer Playground Programs•
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RESOLUTION NO. R-4 4
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 Young Men's Christian Association of Yakima, Inc to
provide a summer playground program at Miller, and Martin
Luther King Parks.
WHEREAS, the City needs supervised summer recreational activities for
youth, and
WHEREAS, the City does not have the staffing levels necessary to conduct
said recreational activities for youth, and
WHEREAS, the Young Men's Christian Association of Yakima, Inc has the
experience and expertise necessary to provide supervised summer recreational
activities for youth and agrees to perform these services for the City under the
terms and conditions set forth in the attached agreement; and
WHEREAS, it is in the best interest of the City to contract to utilize the
experience and expertise of the Young Men's Christian Association of Yakima,
Inc 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 City Manager and City Clerk are hereby authorized and directed to
executed the attached and incorporated "1994 Agreement Between the City of
Yakima and the Young Men's Christian Association of Yakima, Inc " for the
purpose of providing a summer playground program for youth.
ADOPTED BY THE CITY COUNCIL this 1 day of JUN "" , 1994
Oiat-Z-e/s 4,7 Kir
ATTEST Q ' Mayor
City Clerk
(ls)res/YMCA pm
1994 AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF YAKIMA, INC.
THIS AGREEMENT is made and entered into this /.1- day of
1994, 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, Inc. a non-profit corporation, herein referred
to as "YMCA."
WHEREAS, the City needs supervised summer recreational activities for
youth.
WHEREAS, YMCA has the experience and expertise necessary to provide
said supervised recreational activities for youth 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
YMCA as follows:
1. Services. The City and YMCA will jointly initiate summer playground
programs for five (5) to twelve (12) year old youths at Miller, and Martin Luther
King Parks. The program dates will be during the period of June 20, 1994
through August 19, 1994. Special areas of responsibility for both the City and
YMCA are contained and described in Exhibit "A," which is attached and
hereby incorporated into this Agreement.
2. Consideration. The City agrees to compensate YMCA for Services
rendered hereunder according to the payment schedule labeled Exhibit "B,"
which is attached and hereby incorporated into this Agreement. YMCA shall
submit satisfactory documentation (invoices/billings) to the City Recreation
Supervisor prior to payment. The City shall make the required disbursement
to YMCA within thirty (30) days after receiving said documentation.
3. Term. The term of this Agreement shall commence on the 15th day of
June, 1994, and terminate on the 1st day of September, 1994.
4. Status of YMCA. YMCA and the City understand and expressly agree
that YMCA is an independent contractor in the performance of each and every
part of this Agreement. YMCA 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.
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5. Taxes and Assessments. YMCA 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, YMCA shall pay the same
before it becomes due.
6. Nondiscrimination Provision. During the performance of this
Agreement, YMCA shall not discriminate on the basis of race, color, sex,
religion, national origin, creed, marital status, political affiliation, or the
presence of any sensory, mental or physical handicap. This provision shall
include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training.
7. The Americans With Disabilities Act. YMCA agrees to comply with the
Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and
its implementing regulations. The ADA provides comprehensive civil rights to
individuals with disabilities in the area of employment, public
accommodations, state and local government services, and telecommuni-
cations.
8. Compliance With Law. YMCA 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.
9. No Insurance. It is understood the City does not maintain liability
insurance for YMCA and/or its employees.
10. Hold Harmless. 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.
11. Insurance. On or before the effective date of this Agreement, YMCA shall
provide 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.
12. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by YMCA 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 YMCA stated
herein.
13. Termination. The City may terminate this Agreement, with or without
cause, by giving YMCA ten (10) days written notice of termination.
14. Damages. If for any reason YMCA fails to provide the services specified
in this Agreement and the City is forced to secure such services from another
person or entity, YMCA 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.
15. 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.
16. Integration. This written document constitutes the entire agreement
between the City and YMCA. 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.
17. 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 YMCA:
Recreation Supervisor
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Young Men's Christian Association
of Yakima, Inc.
5 North Naches Avenue
Yakima, WA 98901
or to such other 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.
18. 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's fees. The venue for any action to enforce or
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interpret this Agreement shall lie in the Superior Court of Washington for
Yakima County, Washington.
CITY OF YAKIMA
By:
Dick Zai City Manager
ATTEST:
City Clerk
City Contract No. Q
STATE OF WASHINGTON )
:ss.
County of Yakima
YOUNG MEN'S CHRISTIAN
ASSOCIATION OF,YAKIMA, INC.
By:
Its:
I certify that I know or have satisfactory evidence that f `,' s
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/ L .°_ MC of Young Men's
Christian Association of Yakima, Inc. to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
DATED:
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NOTARY PUBLIC ;fn and for the
State of Washington, residing
at
My commission expires: ` a
ATTACHMENT 'A'
Areas of Responsibilities:
1. The City of Yakima Parks & Recreation Division shall:
A. Promote the 1994 summer playground program within its 1994
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 1994 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, 1994. Equipment and supplies are to be returned
to the City's Recreation Supervisor.
D. Promote the 1994 summer parks program 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.
E. Provide two (2) 1994 summer playground programs at the following
City locations: Martin Luther King Park, and Miller Park.
F. Provide three (3) itemized invoices/billings to the City's Recreation
Supervisor on or before June 30, 1994, July 30, 1994 and August 30,
1994.
G. 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.
H. 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.
I . Provide an itemized bill to the City for payment for services according
to Attachment "B".
P & R Contracts
YMCA (City WPC)
J. 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.
P & R Contracts
YMCA (City WPC)
ATTACHMENT 'B'
PAYMENT SCHEDULE:
1. The City of Yakima Parks & Recreation Division shall:
A. Pay the Young Men's Christian Association of Yakima ten thousand
dollars and no cents ($10,000) for Miller and Martin Luther King
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, 1994, July 30, 1994 and
August 30, 1994.
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 1994 summer playground program on or before
June 30, 1994, July 30, 1994 and August 30, 1994.
B. Provide a final written financial report to the City's Recreation
Supervisor for the 1994 summer playground program on or before
September 30,1994. To be included in this final report are any service
adjustments, additional fees and charges and their reconciliation.
The City has the right of set-off as to any accrued fees in the nature of
reimbursement for failure to perform.
,
P & R Contracts
YMCA (City WPC)