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HomeMy WebLinkAboutR-2024-049 Resolution authorizing the Parks and Recreation Division Manager to execute personal services agreements with contractors that perform specialized Parks and Recreation services, volleyball officials, musicians, exercise instructors, etc RESOLUTION NO. R-2024-049 A RESOLUTION authorizing the Parks and Recreation Division Manager to execute Personal Services Agreements during 2024 and depending upon funding, authorizing the Parks and Recreation Manager to execute any renewable agreements for the following four years (2028), upon approval as to form by the City Attorney. WHEREAS, the City of Yakima Parks Division requires specialized personal services for various recreational and other programs during 2024; and WHEREAS, the City Council has approved funding of approximately $45,000 for such programs for 2024; and WHEREAS, the City of Yakima Parks Division desires to use Personal Services Agreements in substantial accord with the terms and conditions of the attached for "Personal Services Agreement" to hire individuals to provide such services; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize the Parks and Recreations Division Manager to execute agreements that are substantially in accord with the attached "Personal Services Agreement" in order to obtain specialized services during 2024, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes the Parks and Recreation Division Manager to execute Personal Services Agreements that are substantially in accord with the terms and conditions of the attached "Personal Services Agreement" in order to obtain specialized services during 2024, and depending on funding, authorizes the Parks and Recreation Manager to execute any subsequent amendments or reoccurring agreements substantially in the form of the agreement approved pursuant to this resolution, for the following four years (2028) upon approval as to form by the City Attorney. ADOPTED BY THE CITY COUNCIL this 19th day of March, 2024. ni -) - Patricia Byers, Mayor ATTEST: '`t • h • 0 01 n ji -aro' ••2 Brandy adford, D�•uty City Clerk ��'‘%‘wgs`iNG.o' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.K. For Meeting of: March 19, 2024 ITEM TITLE: Resolution authorizing the Parks and Recreation Division Manager to execute personal services agreements with contractors that perform specialized Parks and Recreation services, volleyball officials, musicians, exercise instructors, etc SUBMITTED BY: Scott Schafer, Director of Public Works * Ken Wilkinson, Parks and Recreation Manager SUMMARY EXPLANATION: The City of Yakima's Parks and Recreation Division requires specialized services from instructors, officials, and musicians for various Parks and Recreation Division activities and programs. With each service, a Personal Services Agreement is required. Many of the Agreements are time-sensitive and is why it is necessary for the Parks and Recreation Division Manager to be authorized to execute such Agreements. The Parks and Recreation Division Manager may also execute any renewable Personal Services Agreements for the following four years (2028). The total combined value of all the Agreements for the year is approximately$45,000. Program fee revenues help offset this budgeted expenditure. Attached for City Council's review is a Master Personal Services Agreement necessary for obtaining such services. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ tali_" RE c iutior ❑ EMI 3.;;:fir een}er i Backup Material 2 RESOLUTION NO. R-2024- A RESOLUTION authorizing the Parks and Recreation Division Manager to execute Personal Services Agreements during 2024 and depending upon funding, authorizing the Parks and Recreation Manager to execute any renewable agreements for the following four years (2028), upon approval as to form by the City Attorney. WHEREAS, the City of Yakima Parks Division requires specialized personal services for various recreational and other programs during 2024; and WHEREAS, the City Council has approved funding of approximately $45,000 for such programs for 2024; and WHEREAS, the City of Yakima Parks Division desires to use Personal Services Agreements in substantial accord with the terms and conditions of the attached for"Personal Services Agreement" to hire individuals to provide such services; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize the Parks and Recreations Division Manager to execute agreements that are substantially in accord with the attached "Personal Services Agreement" in order to obtain specialized services during 2024, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes the Parks and Recreation Division Manager to execute Personal Services Agreements that are substantially in accord with the terms and conditions of the attached "Personal Services Agreement" in order to obtain specialized services during 2024, and depending on funding, authorizes the Parks and Recreation Manager to execute any subsequent amendments or reoccurring agreements substantially in the form of the agreement approved pursuant to this resolution, for the following four years (2028) upon approval as to form by the City Attorney. ADOPTED BY THE CITY COUNCIL this 19th day of March, 2024. Patricia Byers, Mayor ATTEST: Rosalinda lbarra, City Clerk 3 FOR OFFICIAL USE ONLY Service Contract No. City Resolution No. (Please Print) Provider Vendor No. Work Phone No. Expenditure Code: PERSONAL SERVICES AGREEMENT THIS PERSONAL SERVICES AGREEMENT (hereinafter"Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and , (hereinafter"Contractor"). WHEREAS, the City requires specialized personal services to facilitate the scheduled program of the City Parks and Recreation Division. WHEREAS, Contractor has the experience and expertise necessary to perform the specialized services the City requires. WHEREAS, the specialized services are outside the usual course of business of the City of Yakima. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Contractor as follows: 1. Scope of Services. Contractor shall provide services, staff, specialized equipment, and otherwise do all things necessary for or incidental to the performance of work in conjunction with the program of the City Parks and Recreation Division and in accordance with attached and incorporated Attachment"A." 2. Period of Performance. The period of performance under this Agreement shall be one year, commencing at 12:01 a.m. on January 1, 2024 and continuing until 11:59 p.m. on December 31, 2024, unless earlier terminated by either party in accordance with Section 17 or Section 18 of this Contract. The City reserves the right to extend this Agreement for four (4) additional one (1) year periods by City providing Contractor a written notice of City's intent to renew, said notice to be given sixty(60) days prior to the Agreement's annual expiration date. Upon receipt of a renewal notice from the City, Contractor shall indicate its intent to accept the renewal or to terminate the Agreement in writing and signed by Contractor no later than thirty(30) days prior to the annual expiration date. The Parks and Recreation Division Manager has the authority and is authorized to extend this Agreement for up to four (4) one-year extensions. Any such extension does not require further City Council approval. 1 4 3. Consideration. As consideration for the services performed pursuant to this Agreement, the City agrees to compensate Contractor in accordance with attached and incorporated Attachment"B." The Contractor shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after the services are provided. The City shall make payment to the Contractor within thirty(30) calendar days following receipt of each invoice/billing; provided, however, that the Contractor waives any and all claims for compensation for services where the Contractor has failed to provide the City with an itemized invoice/billing for said services within sixty (60) calendar days of providing said services. Also, all payments are expressly conditioned upon the Contractor providing training or services hereunder that are satisfactory to the City. Contractor shall also complete and submit to the City IRS Form 1099 included herein as Attachment "C". 4. Independent Contractor Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Agreement and not an agent or representative of the City. Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement free from supervision by the City over the methods and details of performance except as described in Attachment "A". Contractor shall not represent that it is, or hold itself out as, an agent or representative of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on behalf of, City. Additionally, and as an independent contractor, Contractor 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 benefits, provided, however that Contractor may be eligible for industrial insurance from the City. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Contractor or any officer, employee or agent of Contractor and the City. 5. Taxes and Assessments. Contractor 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, Contractor shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and/or local law or regulation 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, selection for training, and the provision of services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this Agreement, or with any such rules, regulations, laws or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 7. The Americans With Disabilities Act. Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti-discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area 2 5 of employment, public accommodations, state and local government services, and telecommunications. 8. Compliance With Law. Contractor 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. This includes, but is not limited to, the requirement to obtain a City of Yakima business license if Contractor is charging participants for the activities contracted for under this Agreement, or if a business or regulatory license is otherwise required by federal, state, or local law. Proof of such licenses must be provided at the time of execution of this Agreement. 9. Insurance. a. It is understood the City does not maintain liability insurance for Contractor and/or its employees. b. If Contractor carries a Commercial Liability Insurance policy, Automobile Insurance policy, Umbrella insurance policy and/or other insurance policy that covers Contractor's activities performed under this Agreement, Contractor shall provide the City with the certificates of insurance and additional insured endorsements as proof of insurance. The certificates of insurance and endorsements shall name the City, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. c. Contractor's insurance coverage shall be primary insurance with respect to those who are additional insureds under this Agreement. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance, and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. 10. Indemnification and Hold Harmless. Contractor shall take all necessary precautions in performing the services and work under this Agreement to prevent injury to persons or property. The Contractor shall release, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees, agents, representatives, insurers, attorneys and volunteers from all liabilities, claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any of Contractor's agents or subcontractors, in performance of this Agreement. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor to any other person or entity without the prior written consent of the City, at the City's sole discretion. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor stated herein. 12. Non-Waiver. The waiver by Contractor or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 13. Damages. If for any reason the Contractor fails to provide the services required under this Agreement, or is found to be in violation of any term or condition of this Agreement, the Contractor 3 6 shall be liable for any and all damages to the City, which may include, but is not limited to, any additional expenses incurred by the City in securing such services elsewhere or from another contractor. 14. No Conflict of Interest. Contractor represents that he/she does not have any interest and shall not hereafter acquire any interest,direct or indirect,which would conflict in any manner or degree with the performance of this Agreement. Further, the Contractor specifically represents that he/she is not an officer or an employee of the City, nor does he/she reside with or contribute monetary amounts to any City employee or officer. 15. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 16. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 17. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party fifteen (15) days written notice of termination. a. Termination with cause. In the event the Contractor breaches this Agreement, the City may terminate this Agreement at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach during the notice period. In the event the City breaches this Agreement, the Contractor may terminate the Agreement at its sole discretion in such event that it provides the City with written notice of the City's breach and the City fails to cure its breach of the Agreement within the notice period. b. Termination without cause. In the event either party wishes to terminate this Agreement without cause or for convenience, it may do so after providing the required notice. In the event of termination without cause or for convenience, the Contractor shall be entitled to receive compensation for any fees owed under this Agreement, and may continue to provide services that were already scheduled at the time of notice, through the notice period up to the date of termination, and be compensated for those services by the City. 18. Termination/Reduction of Services Due to Withdrawal, Reduction or Limitation of Funding. In the event that City funding from any source is withdrawn, reduced and/or limited in any way after the effective date of and prior to completion of this Agreement, the City may unilaterally reduce the scope of services, work and compensation of this Agreement, or summarily terminate this Agreement notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon hand delivery or delivery by facsimile of a written notice of 4 7 termination to Contractor, or three (3) calendar days after mailing (by first class mail) of a written notice of termination to Contractor, whichever is sooner. 19. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and either hand delivered or sent to the parties at their addresses as follows: TO CITY: Ken Wilkinson, Parks & Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Blvd. Yakima, WA 98902 (509) 575-6020 TO CONTRACTOR: Name Vendor No. or to such other addresses as the parties may hereafter designate in writing. It is the contractor's obligation to maintain accurate address/contact information with the City. Notices and/or demands shall be sent by first class mail, postage prepaid or hand delivered. Such notices shall be deemed effective three (3) calendar days after mailing or when hand delivered at the addresses specified above. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 23. Records and Records Retention. a. The records relating to the services provided under this Agreement shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure of or delay in making) such inspection or approval shall not relieve the Contractor of responsibility for performance of this Agreement in accordance hereto, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to this Agreement will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to this Agreement as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Agreement, the termination date of this Agreement, or for a longer period if required by law or by the Washington Secretary of State's records retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to this 5 8 Agreement. If any litigation, claims or audit findings involving the records is started before the expiration of the six-year period, the records shall be retained until all litigation, claims or audit findings involving the records is resolved. c. All records relating to Contractor's work under this Agreement must be made available to the City, and the records relating to this Agreement are City of Yakima records. They must be produced to third parties, if required, pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. d. The terms of this section shall survive any expiration or termination of this Agreement. 24. Pay Transparency Non-Discrimination Provision. The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation proceedings, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the Contractor's legal duty to furnish information. CITY OF YAKIMA CONTRACTOR By: By: Ken Wilkinson Parks & Recreation Division Manager Print Name: DATE: DATE: Service Contract No. CERTIFIED STATEMENT , certify under penalty of perjury under the laws of the State of Washington that I am the Contractor, or am authorized to sign this contract on behalf of the Contractor. DATED this day of , 2021, at , Washington. Signature City Resolution No. 6 9 City Contract No. 7 10 ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Provide information packets to the Contractor a minimum of ten (10) working days prior to the activity, program or trip. B. Provide a tentative participant roster to the Contractor a minimum of one (1) working day prior to the activity, program or trip. A final roster will be available prior to the first class or session. C. Give a minimum of forty-eight (48) hours notice of schedule changes for which the Contractor has been scheduled. This notice does not apply to School District facility cancellations or Acts of God. D. Allow a program or activity to be rescheduled at a mutually agreed upon time and location as assigned by the Recreation Supervisor/Coordinator/Leader to meet the fulfillments of this contract. E. Pay the Contractor for services provided within thirty (30) days after receiving the invoice/bill. 2. The Contractor shall: A. Complete and sign the U.S. Internal Revenue Service Form 1099 (MIS) Attachment "C", which is attached and incorporated into this Agreement. B. Scope of Services: Adhere to the agreed upon instruction and/or services as described in Attachment "B" which is attached and incorporated into this Agreement. 8 11 ATTACHMENT "B" Contract No. CONSIDERATION: As consideration for the services performed pursuant to this Agreement, the City agrees to compensate the Contractor as follows: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: The total sum of this agreement shall not exceed $10,000.00 9 12 Do Not Scan this Form ATTACHMENT "C" Contract No. IRS FORM 1099 (MIS) The U.S. Internal Revenue Code requires the City of Yakima to file "IRS FORM 1099" for certain payments which total an aggregate of$600 or more during the calendar year. When a correct taxpayer identification number, such as a Social Security Tax I.D. number, has not been furnished, the City of Yakima must withhold from payments a tax equal to 31%. To assist the City of Yakima in meeting the Internal Revenue Service reporting requirements and for you to avoid the 31% withholding requirement, please complete the items below, sign and date. Name (PLEASE PRINT) Address City State Zip Home Phone No Work Phone No. Social Security Number Tax I.D. Number Check One: Individual Corporation Partnership Professional Service Corp. Sole Proprietorship Authorized Signature Date If you believe payments to you by the City of Yakima are exempt from the Internal Revenue Service reporting requirements, please supply us with an explanation of the exemption with reference to the appropriate Internal Revenue Code Regulations providing for such exemption. 10 13 NOTE: Even if you subsequently give us your Tax Identification Number, the City of Yakima cannot pay the withheld amount to you. Once the 31% portion has been withheld, you must file a tax return to receive credit for the withheld amount. 11