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Home My WebLink AboutR-1995-090 Yakima County Substance Abuse Coalition, Inc.• RESOLUTION NO. R-95- 9 0 • • A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an Amendment to March 3, 1995 Agreement Between the City of Yakima and Yakima County Substance Abuse Coalition, Inc. WHEREAS, the City of Yakima (City) and the Yakima County Substance Abuse Coalition, Inc (YCSAC) entered into an Agreement on or about March 3, 1995, regarding after-school recreational activities to further the goals of the Yakima Gang Intervention/Prevention Coalition, and WHEREAS, the City and YCSAC desire to amend the professional services and consideration provisions of that Agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the March 3, 1995 Agreement in accordance with the terms and conditions of the attached Amendment, 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 Amendment to March 3, 1995 Agreement Between the City Yakima and Yakima County Substance Abuse Coalition, Inc. ADOPTED BY THE CITY COUNCIL this ao'`- day of ATTEST , 1995 Mayor AMENDMENT TO MARCH 3, 1995 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION, INC. WHEREAS, the City of Yakima, hereinafter the "City," and the Yakima County Substance Abuse Coalition, Inc., hereinafter the "YCSAC," entered into an Agreement on or about March 3, 1995, regarding after-school recreational activities to further the goals of the Yakima Gang Intervention/Prevention Coalition; and WHEREAS, the City and YCSAC to the aforementioned Agreement desire to amend the professional services and consideration provisions of that Agreement. NOW, THEREFORE, the City and YCSAC agree to amend the professional services and consideration provisions of said Agreement as follows: 1. Professional Services. In correlation with and addition to those professional services previously described in said Agreement, YCSAC agrees to provide playground programs at three additional locations: Martin Luther King Park, Southeast Community Center, and Miller Park. These playground programs will be conducted from 10:00 a.m. to 5:00 p.m., Monday through Friday, from June 21 through August 24, 1995. YCSAC will provide the necessary staffing, supervision, and supplies. 2. Consideration. In addition to those sums previously described in said Agreement, the City agrees to compensate YCSAC a total of Three Thousand Dollars ($3,000.00) for the additional playground programs described herein. YCSAC shall submit satisfactory documentation (invoices/billings) to the City Recreation Supervisor on or before December 31,1995. The City shall make the required disbursement to YCSAC within thirty (30) days after receiving said documentation. Except as herein amended, all other provisions of said March 3, 1995 Agreement shall remain in full force and effect. CITY OF YAKIMA YAKI • UNTY SUBSTANCE ABUS ' COALITION, INC. By: By: R. A. Zais, Jr., City Manager Its: ATTEST: Page 1 of 2 (la)apr/YCS. Mrnciant.pm City Clerk CITY CONT?ACT NO. (45 -623 STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that LStis 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 Esc . . e re cic.; i 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: Page 2 of 2 (Is )•0i/YCSAC Am.nbimn[.pm NOARY PUBLIC in and for the State of Washington, residing at L Jc{°�, . My commission expires: 1) -,?/-5'? BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ' 3 6 For Meeting of June 20, 1995 ITEM TITLE: Amendment to the Agreement with the Yakima Substance Abuse Coalition SUBMITTED BY: Jerry Copeland, Directror of Public Works John Williamson, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, Recreation Supervisor, 575-6020 SUMMARY EXPLANATION: Attached is the Amendment to the March 3, 1995, Agreement between the City of Yakima and Yakima County Substance Abuse Coaliton Inc. The Amendment allows the Gang Intervention Prevention Coalition to provide playground programs at three City parks. The City will provide $3,000 for supplies for these programs. Resolution _ Ordinance _ Contract X Other (Specify) Amendment Funding Source 1995 Parks and Recr ation Budget APPROVED FOR SUBMITTAL:��\ City Manager STAFF RECOMMENDATION: To approve the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution R-95-90. AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION, INC. THIS AGREEMENT is made and entered into this . 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 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 perfoiined under and pursuant to this Agreement. YCSAC shall submit satisfactory documentation (invoices/billings) to the City Recreation Supervisor on or before December 31, 1995. The City shall make the required disbursement to YCSAC within thirty (30) days after receiving said documentation. Page 1 of 4 (!s)agr/substance abuse pm 3. Term. The term of this Agreement shall commence on the 1st day of February, 1995, and terminate on the 31st day of December, 1995. 4. 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 perfoi mance 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 Page 2 of 4 (1s)agr/substance abuse pm 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 teems, 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 Page 3 of 4 (1s)agr/substance abuse.pm or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: Dick Zais, City Manager ATTEST: ty Clerk City Contract No. °\5.)-\`)\ STATE OF WASHINGTON ) :ss. County of Yakima YAKIMA COUNTY SUBSTANCE ABUSE • ALITION, INC. By: Its: I certify that I know or have satisfactory evidence that SW D. f is before me,and said person acknowledged that the person who appearedg he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the t,O) rc c,k, r 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: g Page 4 of 4 (1s)acr/substance abuse rn Cu-MTPC`1. (Ct,JU ` CGAAA-C_ NOTARY PUBLIC in and for the St t of Washington, residing at CJ c.L My ommission expires: 2- 2-1 . ATTACHMENT A Areas of Responsibility: 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 (4) separate sites (Southeast Community Center, Barge -Lincoln School, Garfield School, Washington/Adams Schools) for the months commencing February 1995 through December 1995. 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. ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /3 For Meeting of o? -/4-95 Agreement Between the City of Yakima and Yakima Co. Substance Abuse Coalition for After -School Recreation Programs for At -Risk Youth SUBMITTED BY: Jerry Copeland, Public Works Director' " CONTACT PERSON/TELEPHONE: Denise Nichols, Recreation Program Supervisor 576-6470 SUMMARY EXPLANATION: Attached is a Resolution and Agreement between the City of Yakima and Yakima Co. Substance Abuse Coalition for after-school recreation programs. These are dollars set aside for the Yakima Gang Intervention/Prevention Coalition for programs in 1995. The dollar amount for 1995 is $70,750. That represents the same amount as in previous years. Resolution Ordinance _ Contract _ Other (Specify) Agreement Funding Source Parks and Re eation Fund APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: To approve the attached Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted, Res. No, R-95-26 RESOLUTION NO. R-95 - 26 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 City 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 14th day of February , 1995. ATTEST: Acting 60ity Clerk (1s)res/substance abuse.nm Mayor