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HomeMy WebLinkAboutR-1999-059 AGREEMENT TO CONTINUE TO PROVIDE DOMESTIC VIOLENCE SERVICES.RESOLUTION NO. R-99-59 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an Agreement with the YWCA to continue to provide domestic violence services. WHEREAS, victims of domestic violence within the City of Yakima in misdemeanant cases have not historically had readily available counseling services nor legal advocacy services; and WHEREAS, the City has applied for (through the Yakima City Prosecutor and Yakima Police Department) and obtained State grants in the amounts of Thirty-one Thousand Seven Hundred and Fifty-five Dollars ($31,755.00) for 1998-1999 and Thirty-two Thousand One Hundred Forty-five Dollars ($32,145.00) for 1997-2000 to continue the existing domestic violence advocate program; and WHEREAS, the YWCA has the experience and expertise necessary to hire, supervise, and train a qualified advocate for domestic violence victims and agrees to perform these services for the City under the terms and conditions set forth in the attached agreement; and WHEREAS, it is in the best interest of the City to contract to utilize the experience and expertise of the YWCA 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 "City of Yakima Domestic Violence Advocate Agreement with YWCA May 1998 to May 2000" for the purpose of continuing the existing domestic violence advocate program with available grant funding. ADOPTED BY THE CITY COUNCIL this day of /1/4-, / , 1999. ATTEST: City Clerk ke:res/DV advocate.jw - Mayor CITY OF YAKIMA DOMESTIC VIOLENCE ADVOCATE AGREEMENT WITH YWCA THIS AGREEMENT, made and entered into this day of , 1999, by and between the YWCA, a private non-profit agency, as the Provider of Services for a Domestic Violence Victims' Advocate, and the CITY OF YAKIMA, (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the parties hereto desire effectuating an agreement whereby the Provider will provide the services of an advocate for victims in domestic violence cases; now, therefore, IT IS HEREBY mutually agreed as follows: 1. YWCA to Provide Advocate. The Provider of Services shall, contingent upon receipt of grant funds, hire a full-time certified counselor to provide legal advocacy and counseling to victims of domestic violence. The Advocate shall contact victims of domestic violence (whose names shall be provided by the Yakima Police Department) within 72 hours of the initial police contact. The YWCA agrees to telephone the Yakima Police Department daily to receive an updated list of victims to contact. 2. Advocate Primarily for Misdemeanor Violations. Because the grant for the victims' advocate has been sought by the Yakima Police Department and the Yakima City Prosecutor, the intent of the parties is that the advocate will primarily serve victims of domestic violence at the District Court level. Additionally, the parties recognize that victims of abuse at the felony level are presently entitled to use the services of the Victim Witness Unit at the Yakima County Prosecuting Attorney's Office for their counseling and legal advocacy needs, whereas victims at the misdemeanant level are presently without resources. 3. Disbursement. The grants tentatively approved in the amounts of Thirty-one Thousand Seven Hundred Fifty-five Dollars ($31,755.00) for 1998- 1999 shall be disbursed upon receipt as follows: Page 1 (ke)ag.eemeni fora, advoce4c Expenses: Administrative Support 72 -Hour Response Coordinator Program Advocate Counselor - .375 Medical/FICA/Retirement Printing/Copying Supplies Supplies Postage Printing & Advertising Local Mileage Training & Development Office Occupancy Telephone Miscellaneous 1998 $ 9,784.00 24,120.00 19,269.00 10,131.00 12,579.00 1,400.00 600.00 695.00 400.00 360.00 600.00 2,400.00 480.00 150.00 TOTAL $ 82,968.00 Income Government Grants City of Yakima YWCA of Yakima 1999 2000 $ 9,784.00 24,120.00 19,269.00 10,131.00 12,579.00 1,400.00 600.00 695.00 400.00 360.00 600.00 2,400.00 480.00 150.00 $ 9,784.00 24,120.00 19,269.00 10,131.00 12,579.00 1,400.00 600.00 695.00 400.00 360.00 600.00 2,400.00 480.00 150.00 $ 82,968.00 $ 82,968.00 June 1, 1998 through May 31, 1999 $ 24,400.00 31,755.00 24,928.00 TOTAL $ 81,083.00 June 1, 1999 through May 31, 2000 $ 24,400.00 32,145.00 24,928.00 $ 81,473.00 4. Monthly Report. The Provider shall compile on a monthly basis statistics showing the total number of victims served and case dispositions for all victims served by the advocate. This information shall be provided to the City Prosecutor and to the Yakima Police Department for use in determining whether to apply for grant funding when the present tentatively approved grant expires. 5. Service to be Provided. The advocate shall provide the following services: A. Provide direct crisis counseling to resident clients, individually or in groups; secure confidence of clients; assess and evaluate needs and depth of trauma; structure counseling to best meet client needs; provide referral to further counseling or help as needed; report to Child Protective Services as necessary. Page 2 (ke,.gmemeer for dv shoes B. Conduct a variety of education and training for shelter residents, such as parenting skills and domestic violence and sexual abuse issues. C. Facilitate support groups and group meetings. D. Maintain case files, records, and documentation; maintain accurate statistics; prepare reports and correspondence as required. E. Protect confidentiality of shelter and clients at all times. F. Develop local social service resources for appropriate referrals. G. Serve as liaison for victims in areas of law enforcement and criminal justice to ensure clients receive fair and equitable treatment throughout the system; assist clients in securing protection orders; provide translation and support services. Provide emotional support to clients during crisis periods; discuss options and choices with assigned caseload of clients; schedule work day to meet the needs of clients. Testify in court as needed. J. Advocate for legal, service and resource needs of clients; appear in court as necessary to support clients. K. Provide alternate and back-up coverage for shelter supervision as needed. L. Perform related duties as assigned by Provider YWCA. M. Advocate shall at a minimum possess a Bachelor's Degree in social psychology, counseling or a closely related field, including training in early childhood development and family relations, and experience in domestic violence or related social services; a Master's Degree is preferred. 6. Term. The initial term of this Agreement shall be from June 1, 1998 to May 31, 2000. The Yakima City Manager may agree to extensions of the term of this Agreement, on a year to year basis, upon the same terms and conditions herein, subject to the amount of grant fund allocation for each one year period. 7. Payments. Compensation to the Provider shall be payable monthly upon proper voucher for salary and expenses as outlined herein. Vouchers shall be submitted by the Provider YWCA and received by the Director Page 3 (te},,e.menr for dv W.oute of Finance and Budget at City Hall, Yakima, Washington. Any amounts owing beyond payments already made by the City for the period June 1, 1998 to the date of the Agreement, shall be paid as a lump sum upon execution of the Agreement by all parties. 8. No Assignment. The Provider YWCA shall not assign, transfer, or subcontract this agreement without obtaining prior written approval from the City. 9. Independent Contractor. The parties agree that the Provider YWCA is an independent contractor with the responsibility and authority to control and direct the performance of the details of the work described herein, in accordance with the terms and conditions of this agreement. The implementation of contracted activities and the results to be achieved are solely the responsibility of the Provider of services, YWCA. No agent, employee, subcontractor, or representative of the YWCA shall be deemed to be an employee, agent, servant, or representative of the City of Yakima for any purpose, and the employees, agents, subcontractors, or representatives of the Provider YWCA are not entitled to any of the benefits the City provides for its employees. The YWCA will be solely and entirely responsible for the acts of its agents, employees, subcontractors, or otherwise, during the performance of this agreement. 10. Police Duties. Pursuant to RCW 10.97.050, the Yakima Police Department agrees to provide the name, telephone number, address and case number (victim information) to the YWCA 72 -Hour Response Program through its advocate, a position established for the purpose of providing assistance to victims of domestic violence within the City of Yakima. This victim information is given to the YWCA 72 -Hour Response Program to enable them to offer and provide assistance to victims of domestic violence early in the cycle of violence. This assistance will be in the form of education about domestic violence, advocacy, counseling and information about resources for victims of domestic violence. Victim information may be provided by the Yakima Police Department to the YWCA 72 -Hour Response Program in either verbal or written form and will be provided pursuant to a YWCA 72 -Hour Program request that indicates that an authorized and approved Program worker is available to receive the information. The victim information will be considered confidential by the YWCA 72 -Hour Response Program and its personnel, will be securely stored by the Program so as to prevent unauthorized access or use, and will be used by the Program only for the purposes described in paragraph 2, Section 10 of this Agreement. 11. Indemnity. The Provider YWCA hereby agrees to release, indemnify, protect, defend and save harmless the City and its elected and appointed officials, employees, and agents from all claims, actions, or damages Page 4 (ke)agmemeni for Jv visa.. of any kind and description which may occur to or be suffered by any person or persons, corporation, or property arising, directly or indirectly, out of the operation of this agreement, caused or contributed thereto by the YWCA or its employees or subcontractors. Provided, however, that nothing herein shall be deemed to require the YWCA to indemnify the City of Yakima or its elected or appointed officials, agents, or employees for injury to persons, corporations, and/or property arising from the sole negligence of the City of Yakima and its elected or appointed officials, employees, and agents. In case of suit or action brought against the City of Yakima and/or its elected or appointed officials, agents, and employees for damages arising out of or by reason of any of the above-mentioned causes, the Provider YWCA agrees to pay all costs of defense, including reasonable attorney's fees and any judgment. 12. Non Discrimination. The Provider YWCA shall not discriminate on the basis of race, creed, color, religion, political affiliation, national origin, or physical, mental, or sensory handicap in the performance of this contract. 13. Governina Law. This agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed to by each party hereto that this agreement shall be governed by the laws of the State of Washington both as to interpretation and as to performance. 14. Venue. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provisions thereof, shall be instituted and maintained only in the Superior Court for Yakima County, Yakima, iiTa, Washington. 15. Integration. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties hereto are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. 16. Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days notice to the other party. This Agreement shall terminate immediately and without notice should the grant moneys which fund the City's contribution be terminated by the passage of Referendum 695 or otherwise. Upon such termination all obligations not already performed under Page 5 (ke).greemcnr for Jr Wome this Agreement shall cease immediately and this Agreement shall be void and of no further effect. DATED this day of May, 1999. CITY OF YAKIMA By:. R. A. Zai, Jr, City Manager 129 North Second Street Yakima, WA 98901 ATTEST: YWCA, a private non-profit agency By: eAzr.2,2 Pay ty Dion, Executive Director 15 North Naches Avenue Yakima, WA 98901 City Clerk 5- (c``z 7,. City Contract No. 99-61 Resolution No. R-99-59 Page 6 (ke)eym:meni for de advocate CITY OF YAKIMA DOMESTIC VIOLENCE ADVOCATE AGREEMENT WITH YWCA THIS AGREEMENT, made and entered into this /o'(4 day of >', 1999, by and between the YWCA, a private non-profit agency, as the I�rovider of Services for a Domestic Violence Victims' Advocate, and the CITY OF YAKIMA, (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the parties hereto desire effectuating an agreement whereby the Provider will provide the services of an advocate for victims in domestic violence cases; now, therefore, IT IS HEREBY mutually agreed as follows: 1. YWCA to Provide Advocate. The Provider of Services shall, contingent upon receipt of grant funds, hire a full-time certified counselor to provide legal advocacy and counseling to victims of domestic violence. The Advocate shall contact victims of domestic violence (whose names shall be provided by the Yakima Police Department) within 72 hours of the initial police contact. The YWCA agrees to telephone the Yakima Police Department daily to receive an updated list of victims to contact. 2. Advocate Primarily for Misdemeanor Violations. Because the grant for the victims' advocate has been sought by the Yakima Police Department and the Yakima City Prosecutor, the intent of the parties is that the advocate will primarily serve victims of domestic violence at the District Court level. Additionally, the parties recognize that victims of abuse at the felony level are presently entitled to use the services of the Victim Witness Unit at the Yakima County Prosecuting Attorney's Office for their counseling and legal advocacy needs, whereas victims at the misdemeanant level are presently without resources. 3. Disbursement. The grants tentatively approved in the amounts of Thirty-one Thousand Seven Hundred Fifty-five Dollars ($31,755.00) for 1998- 1999 shall be disbursed upon receipt as follows: Page 1 (A6)a_,unnt.n1 tar ilv advocat, Expenses: Administrative Support 72 -Hour Response Coordinator Program Advocate Counselor - .375 Medical/FICA/Retirement Printing/Copying Supplies Supplies Postage Printing & Advertising Local Mileage Training & Development Office Occupancy Telephone Miscellaneous 1998 $ 9,784.00 24,120 00 19,269.00 10,131.00 12,579.00 1,400.00 600.00 695.00 400.00 360.00 600.00 2,400.00 480.00 150.00 TOTAL $ 82,968.00 Income 1999 2000 $ 9,784.00 24,120.00 19,269.00 10,131.00 12,579.00 1,400.00 600.00 695.00 400.00 360.00 600.00 2,400.00 480.00 150.00 $ 9,784.00 24,120.00 19,269.00 10,131.00 12,579.00 1,400.00 600.00 695.00 400.00 360.00 600.00 2,400.00 480.00 150.00 $ 82,968.00 $ 82,968.00 June 1, 1998 through May 31, 1999 Government Grants $ 24,400.00 City of Yakima 31,755.00 YWCA of Yakima 24,928.00 TOTAL $ 81,083.00 June 1, 1999 through May 31, 2000 $ 24,400.00 32,145.00 24,928.00 $ 81,473.00 4. Monthly Report. The Provider shall compile on a monthly basis statistics showing the total number of victims served and case dispositions for all victims served by the advocate. This information shall be provided to the City Prosecutor and to the Yakima Police Department for use in determining whether to apply for grant funding when the present tentatively approved grant expires. 5. Service to be Provided. The advocate shall provide the following services: A. Provide direct crisis counseling to resident clients, individually or in groups; secure confidence of clients; assess and evaluate needs and depth of trauma; structure counseling to best meet client needs; provide referral to further counseling or help as needed; report to Child Protective Services as necessary. Page 2 (ke)ayneimmt for dr advocate B. Conduct a variety of education and training for shelter residents, such as parenting skills and domestic violence and sexual abuse issues. C. Facilitate support groups and group meetings. D. Maintain case files, records, and documentation; maintain accurate statistics; prepare reports and correspondence as required. E. Protect confidentiality of shelter and clients at all times. F. Develop local social service resources for appropriate referrals. G. Serve as liaison for victims in areas of law enforcement and criminal justice to ensure clients receive fair and equitable treatment throughout the system; assist clients in securing protection orders; provide translation and support services. H. Provide emotional support to clients during crisis periods; discuss options and choices with assigned caseload of clients; schedule work day to meet the needs of clients. Testify in court as needed. J. Advocate for legal, service and resource needs of clients; appear in court as necessary to support clients. K. Provide alternate and back-up coverage for shelter supervision as needed. L. Perform related duties as assigned by Provider YWCA. M. Advocate shall at a minimum possess a Bachelor's Degree in social psychology, counseling or a closely related field, including training in early childhood development and family relations, and experience in domestic violence or related social services; a Master's Degree is preferred. 6. Term. The initial term of this Agreement shall be from June 1, 1998 to May 31, 2000. The Yakima City Manager may agree to extensions of the term of this Agreement, on a year to year basis, upon the same terms and conditions herein, subject to the amount of grant fund allocation for each one year period. 7. Payments. Compensation to the Provider shall be payable monthly upon proper voucher for salary and expenses as outlined herein. Vouchers shall be submitted by the Provider YWCA and received by the Director Page 3 of Finance and Budget at City Hall, Yakima, Washington. Any amounts owing beyond payments already made by the City for the period June 1, 1998 to the date of the Agreement, shall be paid as a lump sum upon execution of the Agreement by all parties. 8. No Assignment. The Provider YWCA shall not assign, transfer, or subcontract this agreement without obtaining prior written approval from the City. 9. Independent Contractor. The parties agree that the Provider YWCA is an independent contractor with the responsibility and authority to control and direct the performance of the details of the work described herein, in accordance with the terms and conditions of this agreement. The implementation of contracted activities and the results to be achieved are solely the responsibility of the Provider of services, YWCA. No agent, employee, subcontractor, or representative of the YWCA shall be deemed to be an employee, agent, servant, or representative of the City of Yakima for any purpose, and the employees, agents, subcontractors, or representatives of the Provider YWCA are not entitled to any of the benefits the City provides for its employees. The YWCA will be solely and entirely responsible for the acts of its agents, employees, subcontractors, or otherwise, during the performance of this agreement. 10. Police Duties. Pursuant to RCW 10.97.050, the Yakima Police Department agrees to provide the name, telephone number, address and case number (victim information) to the YWCA 72 -Hour Response Program through its advocate, a position established for the purpose of providing assistance to victims of domestic violence within the City of Yakima. This victim information is given to the YWCA 72 -Hour Response Program to enable them to offer and provide assistance to victims of domestic violence early in the cycle of violence. This assistance will be in the form of education about domestic violence, advocacy, counseling and information about resources for victims of domestic violence. Victim information may be provided by the Yakima Police Department to the YWCA 72 -Hour Response Program in either verbal or written form and will be provided pursuant to a YWCA 72 -Hour Program request that indicates that an authorized and approved Program worker is available to receive the information. The victim information will be considered confidential by the YWCA 72 -Hour Response Program and its personnel, will be securely stored by the Program so as to prevent unauthorized access or use, and will be used by the Program only for the purposes described in paragraph 2, Section 10 of this Agreement. 11. Indemnity. The Provider YWCA hereby agrees to release, indemnify, protect, defend and save harmless the City and its elected and appointed officials, employees, and agents from all claims, actions, or damages Page 4 (kedegre mens torah advocate of any kind and description which may occur to or be suffered by any person or persons, corporation, or property arising, directly or indirectly, out of the operation of this agreement, caused or contributed thereto by the YWCA or its employees or subcontractors. Provided, however, that nothing herein shall be deemed to require the YWCA to indemnify the City of Yakima or its elected or appointed officials, agents, or employees for injury to persons, corporations, and/or property arising from the sole negligence of the City of Yakima and its elected or appointed officials, employees, and agents. In case of suit or action brought against the City of Yakima and/or its elected or appointed officials, agents, and employees for damages arising out of or by reason of any of the above-mentioned causes, the Provider YWCA agrees to pay all costs of defense, including reasonable attorney's fees and any judgment. 12. Non Discrimination. The Provider YWCA shall not discriminate on the basis of race, creed, color, religion, political affiliation, national origin, or physical, mental, or sensory handicap in the performance of this contract. 13. Governing Law. This agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed to by each party hereto that this agreement shall be governed by the laws of the State of Washington both as to interpretation and as to performance. 14. Venue. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provisions thereof, shall be instituted and maintained only in the Superior Court for Yakima County, Yakima, Washington. 15. Integration. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties hereto are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. 16. Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days notice to the other party. This Agreement shall terminate immediately and without notice should the grant moneys which fund the City's contribution be terminated by the passage of Referendum 695 or otherwise. Upon such termination all obligations not already performed under Page 5 (ke)dgruemeni for Jr ndraaeie this Agreement shall cease immediately and this Agreement shall be void and of no further effect. DATED this day of May, 1999. CITY OF YAKIMA By:. R. A. Zai, Jr, City Manager 129 North Second Street Yakima, WA 98901 ATTEST: YWCA, a private non-profit agency By: eAzr.2,2 Pay ty Dion, Executive Director 15 North Naches Avenue Yakima, WA 98901 City Clerk 5- (c``z 7,. City Contract No. 99-61 Resolution No. R-99-59 Page 6 (ke)eym:meni for de advocate BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 3 For Meeting Of ITEM TITLE: A Resolution authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with the YWCA as the provider of services for a domestic violence victims' advocate. SUBMITTED BY: Jeff B. West, City Prosecutor CONTACT PERSON/TELEPHONE: Jeff B. West 575-6033 SUMMARY EXPLANATION: Realizing that victims of domestic violence at the misdemeanant level are in need of counseling and legal advocacy assistance, the Yakima City Prosecutor and the Yakima Police Department applied for and have been approved for a grant for a domestic violence advocate. An agreement between the City and the YWCA as the provider of these services has been reached subject to Council approval. The 1998 grant, in the amount of Thirty-one Thousand Seven Hundred Fifty- five Dollars ($31,755.00), will cover funding for the domestic violence advocate position for the period from June 1, 1998, to May 31, 1999, and the 1999 grant of Thirty-two Thousand One Hundred Forty-five Dollars ($32,145.00) from June 1, 1999, through May 31, 2000. If satisfactory performance continues, the City may wish to reapply for another grant when the present ones expire (May, 1999). The attached Agreement enables the City to continue the existing domestic violence advocate program by using State grant funding. Resolution X Ordinance Contract X Other(Specify) Funding Source Grant funds only APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (kc).gcndtDomcsvc V5olencc,x