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HomeMy WebLinkAboutR-1994-081 Summer Playground Programs• • 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. Page 1 of 4 (1s)agr/YMCA pm 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 Page 2 of 4 (15)agr/YMCA pm 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 Page 3 of 4 (1s)agr/YMCA.pm 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: Page 4 of 4 (1s)agr/YMCA.pm 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)