HomeMy WebLinkAboutR-1995-061 Summer Recreational Programs
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A RESOLUTION
RESOLUTION NO. R-95 -61
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, Department of Community Services, to provide a
summer recreational program for youth with special needs.
WHEREAS, the City of Yakima and the Yakima County, Department of
Community Services, need a summer recreational program for youth with special
needs, and
WHEREAS, the City and Yakima County 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 "1995 Agreement Between the City of Yakima and the
Yakima County, Department of Community Services" for the purpose of providing a
summer recreational program for youth with special needs.
ADOPTED BY THE CITY COUNCIL this 25th day of April , 1995
9ek-t
ATTEST Mayor
City Clerk
(lslres/yakima county pm
1995 AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
THE YAKIMA COUNTY, DEPARTMENT OF COMMUNITY
SERVICES
THIS AGREEMENT is made and entered into this /L.P day of
1995, 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, Department of Community Services, herein referred to as the "County."
WHEREAS, the City and the County desire a summer recreational
program for youth with special needs.
WHEREAS, the City and the County 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 the
County as follows:
1. Services. The City and the County 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 26, 1995, through August 18,
1995. 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 four (4) days per week from 9:00 a.m. to 2:00 p.m. during the
above-mentioned program dates.
Special areas of responsibility for both the City and the County are
contained and described in Attachment "A," which is attached and hereby
incorporated into this Agreement.
2. Consideration. The County 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 19th day of August, 1995.
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4. Status of the County. The County and the City understand and
expressly agree that the County is an independent contractor in the
performance of each and every part of its obligations under this Agreement.
The County 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. The County 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, the County shall pay the same
before it becomes due.
6. Nondiscrimination Provision. During the performance of this
Agreement, the County 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. The County 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. The County 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 the County and/or its employees.
10. Hold Harmless. The County 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 the County personnel.
11. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by the
County 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,
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then the assignee shall assume all duties, obligations, and liabilities of the
County stated herein.
12. Termination. If the County 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 the County five (5)
days written notice of termination.
If the City fails to comply with the terms and conditions of this
Agreement, the County 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 the County. 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 COUNTY:
Recreation Supervisor
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Director
Yakima Co. Dept. of Community
Services
Developmental Disabilities Program
128 North 2nd Street, Room 102
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.
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
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interpret this Agreement shall lie in the Superior Court of Washington for
Yakima County, Washington.
CITY OF YAKIMA
By:
Dick Zais, City Manager
ATTEST:
City Clerk
City Contract No. (45-i-41
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YAKIMA COUNTY
By.Bettie Ingham, Ingham, Cha
Board of Yakima County
Commissioners
By:
, Commissioner
Bill Flower, Commissioner
ATTACHMENT "A"
AREAS OF RESPONSIBILITIES:
1. The City of Yakima Parks and Recreation Division 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 PSAs and News Releases to promote the program.
E. Be responsible for the total planning and implementation of the
program, including staffing, equipment, supplies, and promotions.
F. Shall include in all promotional material and information to the
public the statement "Funds of this program are provided by a
grant from Yakima County Department of Community Service."
Also listed will be other funding sources.
G. Shall hire, train, and supervise qualified staff to work the program.
H. At the conclusions of the program, meet with County
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 County
which shall, at a minimum, contain attendance figures per day, an
analysis of program activities, and an overall program evaluation.
I. At the conclusions of the program, the City shall bill the County for
services according to Attachment "B".
2. Yakima County Department of Community Services shall:
A. Assist the City in recommending the scope of the program.
B. At the conclusion of the program, meet with the Recreation
Supervisor to evaluate the program and make recommendations
for future offerings.
C. 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 98902.
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ATTACHMENT "B"
PAYMENT SCHEDULE:
The County shall pay the City for services rendered according to the attached
program budget. The County shall pay all direct program costs up to a
maximum of Eight Thousand Four Hundred Ninety Dollars and Sixty Cents
($8,490.60).
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SUMMER PALS PROGRAM BUDGET
PROGRAM COORDINATOR -- 1 POSITION
Preplanning and Training 24 hrs x $8.90 $ 213.60
8 weeks x 7 hrs/day x 4 days = 224 hrs x $8.90 $ 1,993.60
ACTIVITY LEADERS -- 5 POSITIONS
Preplanning & Training 24 hrs x $7.17 x 5 $ 860.40
Program 6.5 hrs/day x 4 days = 26 hrs/week
x 8 weeks = 208 hrs x 5 people =
1040 hrs x $7.17 $ 7,456.80
$ 1,993.60
$ 7,456.80
Subtotal $ 9,450.40
Benefits @ 18% $ 1,701.07
$11,151.47
Supplies $ 2,000.00
Administration $ 1,000.00
TOTAL PROGRAM BUDGET $14,151.47
60% paid by Department of Community Service $ 8,490.60
40% paid by Yakima School District $ 5,660.40
Yakima Parks & Recreation provides in-kind
of approximately $2,000.00 for staff support,
training, program promotion, record keeping.
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