HomeMy WebLinkAboutR-1994-084 Summer Youth Program•ff-prt,
RESOLUTION NO. R-94 4 V44-
•
•
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 School District to provide a summer
recreational program for youth with special needs.
WHEREAS, the City of Yakima and the Yakima School District need a summer
recreational program for youth with special needs, and
WHEREAS, the City and the Yakima School District find it mutually
convenient to enter into a cooperative venture to provide said summer
recreational program for youth with special needs under the terms and
conditions set forth in the attached agreement; and
WHEREAS, it is in the best interest of the City to enter into said cooperative
venture 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
execute the attached and incorporated "1994 Agreement Between the City of
alima and the Yakima School District" for the purpose of providing a summer
recreational program for youth with spejal needs.
JUN
ADOPTED BY THE CITY COUNCIL this 9 day of , 1994
ATTEST Mayor
City Clerk
(ls):es!scnoo_ dis p:n
1994 AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
THE YAKIMA SCHOOL DISTRICT
THIS AGREEMENT is made and entered into this en day of J U h44— ,
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
School District, herein referred to as "School District."
WHEREAS, the City and School District desire a summer recreational
program for youth with special needs.
WHEREAS, the City and School District find it mutually convenient to
enter into a cooperative venture to provide said summer recreational program
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
School District as follows:
1. Services. The City and School District will jointly initiate and administer
an eight (8) week activity program for youth with special needs referred to as
the Summer Pals Program, to be held from June 27, 1994, through August 19,
1994. Said program shall be open to all disabled youth between the ages of five
(5) and thirteen (13) years. Enrollment in the program shall be limited to a
total of eighteen (18) children.
Daytime youth activities for the program shall include, but not be limited
to, the areas of arts and crafts, dramatics, music, outdoor adventures, special
activities, and organized games. The purpose of the program is to provide
appropriate leisure activities for disabled youth. The Summer Pals Program
shall operate five (5) days per week from 9:00 a.m. to 12:30 p.m. during the
above-mentioned program dates.
Special areas of responsibility for both the City and School District are
contained and described in Attached "A," which is attached and hereby
incorporated into this Agreement.
2. Consideration. School District agrees to compensate the City according
to the payment schedule labeled Attachment "B," which is attached and hereby
incorporated into this Agreement.
3. Term. The term of this Agreement shall commence upon execution of
this Agreement and shall terminate on the 20th day of August, 1994.
Page 1 of 4
(ls)agr/school dist pm
4. Status of School District. School District and the City understand and
expressly agree that School District is an independent contractor in the
performance of each and every part of its obligations under this Agreement.
School District 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. School District 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, School District shall pay the
same before it becomes due.
6. Nondiscrimination Provision. During the performance of this
Agreement, School District 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. School District 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. School District 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 School District and/or its employees.
10. Hold Harmless. School District 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 including, but not limited
to, actions or inaction by School District personnel.
11. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by School
District 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,
Page 2 of 4
(ls)agr/school dist pm
then the assignee shall assume all duties, obligations, and liabilities of School
District stated herein.
12. Termination. If School District fails to perform this Agreement in such a
manner that the Parks and Recreation Manager in his/her 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 giving School District five
(5) days written notice of termination.
If the City fails to comply with the terms and conditions of this
Agreement, School District may terminate this Agreement by giving the City ten
(10) days written notice of termination.
13. 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.
14. Integration. This written document constitutes the entire agreement
between the City and School District. 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.
15. 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 SCHOOL DISTRICT:
Recreation Supervisor
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Director of Special Education
Services
Yakima School District
104 North 4th Avenue
Yakima, WA 98902
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.
16. 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/school dist pm
interpret this Agreement shall lie in the Superior Court of Washington for
Yakima County, Washington.
CITY OF YAKIMA YAKIMA SCHOOL DISTRICT
By:
Dick Zais, City Manager
ATTEST:
City Clerk
City Contract No. 0/ --) _ . 1.2 - q g �� L
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that lavvrairi 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 Sup4 of the Yakima
School District, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED: 7' 4 • 94
�.u.tc/_
NOTARY PUBLIC in aid for. the
State f Washington, residing
at A.t _A... .
My commission expires: 2- 2S1' `,
Page 4 of 4
(1s)agr/school dist pm
ATTACHMENT "A"
AREAS OF RESPONSIBILITIES:
1. The City of Yakima Parks and Recreation shall:
A. Register all participants for the Summer Pals program
and answer all questions pertaining to the program for
the public.
B. Print informational flyers for distribution.
C Reserve a school facility for use.
D. Distribute PSA's and News Releases to promote the
program.
E Be responsible for the total planning and implementation
of the program, including staffing, equipment, supplies,
and promotion.
F. Include all promotional material and information to the
public the statement, "Funds for this program are
provided by a grant from Yakima School District." Also
listed will be other funding sources.
G Hire, train and supervise qualified staff to work the
program.
H. At the conclusion of the program, meet with School
District representatives to evaluate the program and
make recommendations for future offerings. In addition,
the City shall provide a written program report and
evaluation to the School District which shall, at the
minimum, contain attendance figures per day, an analysis
of program activities and an overall program evaluation.
I. At the conclusion of the program, the City shall bill the
School District for services according to Attachment "B".
DIV/PARKJCONTRACT/SUMMER PALS
May 2, 1994
5
2. Yakima School District shall:
A. Assist the City in recommending the scope of the
program.
B. Assist the City with distributing flyers through the
Special Education Department.
C At the conclusion of the program, meet with the
Recreation Supervisor to evaluate the program and make
recommendations for future offerings.
D. Pay the City within thirty (30) days of receiving the
aforementioned bill. All payments shall be sent to the
City of Yakima, Parks and Recreation Division, 2301
Fruitvale Boulevard, Yakima, Washington 98901.
DIV/PARK/CONTRACT/SUMMER PALS
May 2, 1994
6
ATTACHMENT "B"
PAYMENT SCHEDULE:
The School District shall pay the City for services rendered according
to the attached program budget. The School District shall pay all
direct program costs up to a maximum of $5,206.40.
DIV/PARK/CONTRACr/SUMMER PALS
May 2, 1994
7
SUMMER PALS PROGRAM BUDGET
1994
Coordinator - 1 position
Pre -planning
40 hours x $8.86 = $ 354
Program
8 wks x 5 days/wk x 6 hrs/day =
240 hrs x $8.86 = $ 2,126
Activity Leaders - 5 positions
Pre -planning and Training
20 hrs x 5 positions x $6.18 = $ 618
Program
8 wks x 5 days/wk x 4.5 hrs/day
x 5 positions x $6.18/hr = $ 5,562
Sub -total $ 8,660
Benefits - 18% $ 1,559
Total Staffing $10,219
Equipment and Operating Supplies $ 2,000
Program Administration $ 797
Total Expenses $13,016
The City Parks and Recreation will provide approximately $2,000 of
in-kind support to the program. This will be in the form of program
supervision, staff support, staff training, program promotion,
registration, and record keeping.
DIV/PARK/CONTRACT/SUMMER PALS
May 2, 1994
8