HomeMy WebLinkAboutR-2000-094 YWCA DOMESTIC VIOLENCE ADVOCATE AGREEMENTRESOLUTION NO: R-2000— 9 4
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 Twenty-two
Thousand Eight Hundred and Forty-three Dollars ($22,843.00) for 2000 and
Nineteen Thousand Five Hundred and Forty-one Dollars ($19,541.00) for 2001 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 January 2000 to December 20001 for the purpose of
continuing the existing domestic violence advocate program with available grant
funding.
ADOPTED BY THE CITY COUNCIL this I day of Us -r , 2000.
ATTEST:
City Clerk
ke:res/DV advocate.jw
CITY OF YAKIMA DOMESTIC VIOLENCE ADVOCATE AGREEMENT
WITH YWCA
THIS AGREEMENT, made and entered into this day of
, 2000, 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
Twenty-two Thousand Eight Hundred and Forty-three Dollars ($22,843.00) for
2000 shall be disbursed upon receipt as follows:
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Expenses: 2000 2001
Administrative Support $ 9,784.00 $ 9,784.00
72 -Hour Response Coordinator 18,076.00 18,076.00
Assistant .50 7838.00 7838.00
Counselor - .375 10,131.00 10,131.00
Medical/FICA/Retirement 10,570.00 10,570.00
Printing/Copying Supplies 1,400.00 1,400.00
Supplies 500.00 500.00
Postage 700.00 700.00
Local Mileage 400.00 400.00
Training & Development 600.00 600.00
Office Occupancy 2,400.00 2,400.00
Telephone 480.00 480.00
Miscellaneous 150.00 150.00
TOTAL $ 63,029.00 $ 63,029.00
Income 2000 2001
Government Grants $ 24,535.00 $ 24,535.00
City of Yakima 22,843.00 19,541.00
YWCA of Yakima 15,651.00 18,953.00
TOTAL $ 63,029.00 $ 63,029.00
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.
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.
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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 January 1,
2000 to December 31, 2001. 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
of Finance and Budget at City Hall, Yakima, Washington. Any amounts owing
beyond payments already made by the City for the period January 2000 to the
date of the Agreement, shall be paid as a lump sum upon execution of the
Agreement by all parties.
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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
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
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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 or reduced by the passage of a
referendum or otherwise. Upon such termination all obligations not already
performed under
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this Agreement shall cease immediately and this Agreement shall be void_ and of
no further effect.
17. Replacement Prior Agreement The parties agree that, due to Referendum
695, the prior contract between the parties terminated December 31, 1999. This
Agreement is intended to replace the prior agreement for the period January 1,
2000 through May 31, 2000.
DATED this day of , 2000.
CITY OF YAKIMA
R. A. Zais, Jr.,ity Manager
129 North Second Street
Yakima, WA 98901
ATTEST:
City Clerk
City Contract No.
Resolution .No.
. Page 6
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YWCA, a private non-profit agency
By:�—J
/c/7 , Executive Director
1Alorth Naches Avenue /P.51/4°
Yakima, WA 98901
2000-61
R-2000-9/
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / 84 -
For Meeting Of August 1,2000
ITEM TITLE: A. A Resolution authorizing the City Manager and the City Clerk of the City of
Yakima to execute an agreement with the YWCA as the provider of
services for a domestic violence victim's advocate.
B. A Resolution authorizing the City Manager and the City Clerk of the City of
Yakima to execute an addendum to the 2000 Agreement Between the City
of Yakima and the Yakima County Substance Abuse Coalition, Inc.
SUBMITTED BY: Police Department, Legal Department, Department of Finance and Budget
CONTACT PERSON/TELEPHONE: Jeff B. West, Senior Assistant City Attorney 575-6033
Cindy Epperson, Accounting Manager 575-6070
SUMMARY EXPLANATION:
An appropriation ordinance was presented at the July 18, 2000 meeting to include State grants
administered by the Department of Community, Trade and Economic Development in the 2000
budget. It was noted in that legislation that the appropriate resolutions and contract
amendments would be brought to Council for approval.
The YWCA administers a domestic violence advocacy program. The attached contract
authorizes $22,843 for 2000, and $19,541 for 2001 to be used for this program. These
amounts represent our estimate of grant funds that the City will receive for this purpose.
The Yakima County Substance Abuse Coalition administers a Youth at Risk program. Prior to
the passage of Initiative 695, the City contracted for this program in the amount of $75,000.
This amount was supported by grant funds of approximately $32,000, with the City contributing
$43,000. Budget reductions relating to the passage of Initiative 695 removed the grant funds of
$32,000, but only reduced the Substance Abuse Coalition contract by $15,000. The attached
contract reinstates the contract amount to the pre -1695 level, by adding $15,000 to the existing
$60,000. The balance of the appropriation ($22,853 less $15,000 or $7,853) will be available in
General Fund for Criminal Justice needs.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source DCTED Grant in General Fund
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Adopt Resolutions.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Item A: Resolution adopted. Resolution No. R-2000-94
Item B: Resolution adopted. Resolution No. R-2000-95
Aaencla. State crim iustice arant JBW/ibw