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HomeMy WebLinkAboutR-1995-096 Summer Recreational Program• RESOLUTION NO. R-95 - 9G 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 "1995 Agreement Between the City of Yakima and the Yakima School District" for the purpose of providing a summer recreational program for youth with special needs. ADOPTED BY THE CITY COUNCIL this W day of \> , 1995 ATTEST City Clerk (1s)res/school dist.pm Mayor 1995 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA SCHOOL DISTRICT THIS AGREEMENT is made and entered into this 1st day of April, 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 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 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 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 19th day of August, 1995. 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 teuuiination, 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/Indemnification. a. School District shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all liability and damages of every kind and nature, whatsoever, that may be claimed or proved by reason of or caused by the act, omission, or negligence of School District, its agents, officers, and employees. Page 2 of 4 (ls)agr/school dist pm b. The City shall defend, indemnify, and hold harmless School District, its agents, officers, and employees from any and all liability and damages of every kind and nature, whatsoever, that may be claimed or proved by reason of or caused by the act, omission, or negligence of the City, its agents, officers, and employees. 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, 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 Page 3 of 4 (lslagr/school dist.pm prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 16. Attorneys 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 interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA YAKIMA SCHOOL DISTRICT By: By: Dick Zais, City Manager Its: ATTEST: City Clerk City Contract No. STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that 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 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: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Page 4 of 4 (ls)agr/school dist pm 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 School District Special Education Services." 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 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 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 School District for services according to Attachment "B". 2. Yakima School District Special Education 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. (1s)agr/school _.st pm ATTACHMENT "B" PAYMENT SCHEDULE: The Yakima School District Special Education Services shall pay the City for services rendered according to the attached program budget. The Yakima School District shall pay all direct program costs up to a maximum of Five Thousand Six Hundred Sixty Dollars and Forty Cents ($5,660.40). (1s)agr/school dist pm SUMMER PALS PROGRAM BUDGET PROGRAM COORDINATOR -- 1 POSITION Preplanning and Training 24 hrs x $8.90 8 weeks x 7 hrs/day x 4 days = 224 hrs x $8.90 ACTIVITY LEADERS -- 5 POSITIONS Preplanning & Training 24 hrs x $7.17 x 5 Program 6.5 hrs/day x 4 days = 26 hrs/week x 8 weeks = 208 hrs x 5 people = 1040 hrs x $7.17 Subtotal Benefits © 18% Supplies Administration TOTAL PROGRAM BUDGET 60% paid by Department of Community Service 40% paid by Yakima School District Yakima Parks & Recreation provides in-kind of approximately $2,000.00 for staff support, training, program promotion, record keeping. (1s)agr/school dist pm $ 213.60 $ 1,993.60 $ 860.40 $ 7,456.80 $ 1,993.60 $ 7,456.80 $ 9,450.40 $ 1,701.07 $11,151.47 $ 2,000.00 $ 1,000.00 $14,151.47 $ 8,490.60 $ 5,660.40 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / For Meeting of July 11, 1995 ITEM TITLE: Agreement between the City of Yakima and the Yakima School District SUBMITTED BY: Jerry Copeland, Directror of Public Works John Williamson, Parks and Recreation Ma ager CONTACT PERSON/TELEPHONE: Denise Nichols, Recreation Supervisor, 575-6020 SUMMARY EXPLANATION: The attached is the Agreement between the City of Yakima and the Yakima School District to provide a summer recreational program for youth with special needs. You approved this Agreement a few weeks ago. When the Agreement went to the District for signature, they asked for it to be slightly revised. We agreed to the revision which is item number 10 dealing with Indemnification. City Legal re -wrote the clause which the District has now agreed to. AH other items remain the same. Resolution Ordinance _ Contract X Other (Specify) Agreement Funding Source Parks and Recreation Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: That the City approve the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-95-96