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HomeMy WebLinkAboutR-2012-160 Yakima Gang Free Initiative Programming Agreements - AuthorizationRESOLUTION NO. R- 2012 -160 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the Agreements with the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan; and, WHEREAS, the City at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI; and WHEREAS, the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission, Washington State non - profit corporations, experienced in Youth and Family Development Programming, have proposed to offer evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center; and WHEREAS, each of these, organizations have the desired qualification to provide these services, and WHEREAS, on November 27, 2012, the Yakima City Council unanimously approved the City of Yakima Gang Free Initiative Strategic Plan which describes the goals of the Youth and Family Development Center and the service that each of these organizations will provide; and WHEREAS, the Yakima City Council finds it to be in the best interest of the City to direct the City Manager to execute the Agreements with the Yakima YMCA, the Yakima Police Athletic League, People for People and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center; now', therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council authorizes and directs the City Manager to execute the attached Agreements with the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. ADOPTED BY THE CITY COUNCIL this 11th day of December, 2012. 14 NO Micah Cawle , Mayor 1 ;z Clerk BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: December 11, 2012 ik;.:.F... .I'.: Iii .'...��a...:+S,.a^�nlFt».`'v' flex_': ?1:�.�kri.,.i'�Y..�;tutik; �"i.€g? Nf'.;:��.ti,lai,!.F��'"t v';� .f.'x"t- ..•5?":�uF -i:i� e.e:¢% ITEM TITLE: Resolution authorizing Agreements between the City of Yakima and the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney Steve Magallan, GFI Consultant CONTACT Cynthia I. Martinez 509 - 575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: In November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (YGFI), or a long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan. Upon completion of a comprehensive community needs assessment, the YGFI Steering Committee recommended the implementation of a Youth and Family Development Center where evidence based programming and /or activities would be offered to youth who exhibit high risk behaviors and gang involvement. The City at the direction of the City Council requested proposals under RFP No. 11221 for YGFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI. The Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission, Washington State non - profit corporations, are experienced in Youth and Family Development Programming and have proposed to offer evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. Each of these organizations have the desired qualification to provide these services. A detailed description of the programming and /or activities to be offered by each organization is included in the Yakima Gang Free Initiative Strategic Plan approved by the Council during the November 27, 2012, study session concerning the YGFI. Resolution X Ordinance Other (specify) Mail to: Magallan Consultancy LLC, ATTN: City of Yakima Contract: X GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901 Contract Term: 1 year Amount: various amounts Expiration Date: December 31, 2013 Insurance Required? Yes Funding Council authorized funding, GFI service Source: partner funding matches, and grant Phone: 509 - 543 -3616 funding. APPROVED FOR SUBMITTAL: �& City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution -GFI Youth and Family Develooement Center ❑ GFI -City of Yakima GFI Implementation Plan 2013 ❑ GFI Svcs Contract -11- 2012 -YMCA ❑ GFI Svcs Contract 11- 2012 -YPAL ❑ GFI Svcs Contract -11- 2012- People4People ❑ GFI Svcs Contract -11 -2012 - Union Gospel Mission ii / i / � / / � � �/ This section of the strategic plan contains the strategies, performance measures, and expected outcomes of the Gang Free Initiative through 2073 and is consistent with the Yakima Gang Free Initiative Community Action Plan: A Comprehensive Approach to the Prevention Intervention & Suppression of Youth Gangs adopted by City Council on February 27, 2072. 6= IMME Introduction........................................... ............................... 2 Community Mobilization ....................... ............................... 4 Opportunities Provision ......................... ............................... 6 Social Interventions ............................... ............................... 7 The Youth Development Team ........ ............................... 7 Outreach.................................... ............................... Screening & Referral ................... ............................... Individual Needs Assessment ...... ............................... Behavioral Interventions ............. ............................... Family Support Services .............. ............................... Suppression........................................ ............................... Organizational Change & Development ........................... Coordination & Resource Development ..................... Youth & Family Development Center ......................... Youth & Family Development Fund ............................ Gang Resistance & Intervention Framework .............. Yakima Truancy Project ............... ............................... Funding The Initiative ........................ ............................... GFI Long -Term Impact ........................ ............................... Honorable Mayor and City Council Members The activities described herein follow the strategic actions recommended by the GFI Steering Committee included in the GFI Community Action Plan- A Comprehensive Approach to the Prevention, Intervention and Suppression of Youth Gangs, developed under the guidance of the GFI Steering Committee and adopted by City Council on February 21, 2012 Unlike other plans, it emphasizes prevention and intervention strategies at the neighborhood level and positions the City of Yakima together with community partners in a researched based, data driven, and outcome focused effort over the next 3 to 5 years This action plan targets the greater City of Yakima with special emphasis on "hubs" of gang activity in three neighborhoods— Northeast, North Central, and Southeast The implementation activities herein were developed in support of five core strategies and corresponding objectives 1 Establish a coordinated collaboration process to impact gang activity citywide Objective Implement OJJDP Gang Model 2 Establish a GFI Prevention & Intervention Service Network Objective Develop service partnerships to directly address the gang issues within the City of Yakima 3 Establish a data and research analysis process to keep the City Council, City Manager and GFI Committee aware of gang trends and GFI impact on an on- going basis Objective GFI Coordination & Evaluation Services 4 Build capacity in gang prevention and intervention programs /strategies Objective Youth & Family Development Centers 5 Develop a sustainable funding strategy to support implementation efforts Objective Youth & Family Development Fund continued GFI Vision Statement: The vision of the GFI is to create a safe, peaceful, gang free community resulting in a high quality of life for our families. The OJJDP Comprehensive Gang Model Community Mobilization Involvement of local residents, including former gang youth, community groups, and agencies, and coordination of programs and staff functions within and across agencies Opportunities Provision Development of a variety of specific education, training, and employment programs targeting gang - involved youth Social Intervention Youth - serving agencies, schools, grassroots groups, faith -based organizations, law enforcement agencies, and other criminal justice organizations reaching out and acting as links to gang- invdved youth, their families, and the conventional word and needed services Suppression Formal and informal social control procedures, including close supervision or monitoring of gang youth by agencies of the criminal justice system and also by community-based agencies, schools, and grassroots groups Organizational Change and Development Development and implementation of policies and procedures that result in the most effective use of available and potential resources, within and across agencies, to better address the gang problem Office of Juvenile Justice & Delinquency Prevention, The GFI Advisory Group recommends that City- endorsed programming be coordinated and implemented within each of the OJJDP five core strategies Activities should be closely coordinated and integrated to ensure that the work of collaborating agencies is in line with the comprehensive anti -gang plan and based on the following guiding principles No single program will fix the gang problems in our community Strong public leadership by the City Council, City Manager and Chief of Police is essential A coordinated and organized effort among all City departments, other government and community agencies is required to see results that integrate prevention, intervention, and suppression A multidimensional anti -gang strategy should target youth between the ages 11 -20 who exhibit high -risk behaviors and gang involvement Young people who would move up the ladder of gang membership and activity are those who commit intentional acts of violence or are arrested for gang related incidents The impact of gang members' actions not only adversely affects their parents, siblings, and other family members but the whole community — including the victims of gang violence who must deal with the horror of losing a loved one and the agony of having to deal with a variety of agencies to get restitution and support To be effective, all programs and services focused on gang prevention and intervention must be culturally competent, linguistically sensitive, and accessible to the entire community These principles will be inculcated within each service agreement entered into between collaborating partner and the City of Yakima Respectfully Submitted by The City of Yakima Gang Free Initiative Steering Committee GFI Mission Statement: The City of Yakima Gang Free Initiative will engage the community in developing suppression, prevention and intervention strategies that support and promote positive youth development strategies targeting our highest risk citizens. Strategy., The Gang Free lnitlativeAdvlsory Group The work of the collaborating partners, as set forth in this Plan, will be overseen by the City of Yakima GFI Advisory Group The GFI Advisory Group is comprised of local stakeholders who focus their efforts on furthering the GFI objectives via various tasks as they relate to the reduction of gang related crimes and activity within the City Advisory Group over- sight will be provided by the Chief of Police Current Advisory Group committees are 1 Executive Committee. The Executive Committee provides leadership to the Advisory Group by ensuring the vision, mission, and activities of the GFI are fulfilled The Executive Committee will include a minimum of two City Council Members, the Chief of Police, and GFI Consultant 2 Marketing and Community Education Committee This committee develops and recommends all policies pertaining to the marketing of the Gang Free Initiative, including development and assessment of a comprehensive marketing strategy for the recruitment of partners and donors, formulation of a marketing schedule, and development of all marketing materials Priorities for the first year of implementation include website development, marketing campaign, and cultivating media partners 3 Planning and Development Committee The aim of this committee is to secure organizational and financial stability for the Gang Free Initiative, promote the mission of the GFI and ensure the representation of community needs and interests in routine plan updates Also within the purview of this committee are the priorities described in the Organizational Change and Development strategy Priorities for year one include facilities acquisition and coordination of fundraising activities 4 Implementation Committee The purpose of this committee is to ensure the effective and efficient implementation of the Community Action Plan Priorities for the first year include identification of potential service providers and, GFI Advisory Group Role: • Set policy & promote policies that will further the goals of the gang strategy • Oversee direction • Remove banners to service • Increase social and economic opportunities • Develop effective procedures • Detemrnine pnonties working in tandem with the GFI Coordinator, negotiate partner agreements (MOU's, MCA's & Contracts) that will govern the delivery of services, and oversee the activities of the Youth Development Team and outreach workers The Advisory Group may also establish Ad Hoc committees or temporary workgroups to address specific issues These committees will have a limited duration and may involve non - Advisory Group members or Subject Matter Experts PERFORMANCE MEASURES Current 2013 Advisory Group Meetings 12 (monthly) 4 (quarterly) Advisory Group Membership Retention 13 15 Advisory Group Participation Rate (includes committees) 77% 80% Advisory Group Attendance (includes committees) 60% 90% Advisory Group Member Satisfaction No Data 90% City of Yakima GFI Implementation -, Strategy., The Gang Free lnitiativeAdvrsory Group The Advisory Group involves representatives of key organizations and other community leaders within the City of Yakima It guides implementation of the Plan by responding to barriers to implementation, developing sound policy, lending support to the project where and when appropriate, and taking general ownership of the communitywide response The Advisory Group must also create and maintain interagency and community relationships that facilitate project development Advisory Group members will work with residents in the target neighborhoods and community leaders to elicit their ideas and afford them a voice in identifying services and activities in the community The committee will facilitate the development of community groups including, but not limited to, block watches, parent support groups, or other community alliances and coalitions Advisory Group Sector Representatives • Behavioral Health • Business • City Government • Civic & Volunteer Organizations Faith -based Organizations Juvenile Court • Schools • Police • Primary Health • Parents • Youth • Youth Serving Organizations Community residents in the target area will be offered programs and training to educate parents, business owners, and neighborhood groups about gangs In the first 3 years of implementation, Community Mobilization efforts will focus on accomplishing the following performance measures PERFORMANCE MEASURES Current 2015 Community Partnerships supporting GFI priorities r 12 Increased Student reporting [of gang related activity] 2% 20% Increase number of gang -free locations [safe zones] for youth 1 4 Increase interagency cooperation supporting GFI priorities 0 4 Increase graffiti abatement capacity through community partnerships 0 3 Increase community reporting [of gang related activity] No Data +20% Increase Block Watch participation 20 +30% Increase Block Watch utilization 127 +20% Increase volunteerism supporting GFI priorities & services 0 10% annually Increase community awareness of crime reporting procedures No Data 10% annually Strategy., Partner -Driven positive youth development programs and activities. Opportunities Provision refers to the development of a variety of specific education, training, and employment programs targeting at -risk and low level gang - involved youth Special access to economic opportunities in the local and wider community must be provided for targeted youth including job- related education opportunities such as special educational and vocational skills and readiness training structured within regular schools, training programs, and mainstream job opportunities Education, training, and job opportunity strategies will be integrated with those of positive youth development, along with close The City Administration and the City Council should prioritize funding of existing, effective, promising programs that establish targets for outcomes and POSITIVE YOUTH DEVELOPMENT Life Skills Training Academic Support Mentoring Career Exploration Health & Wellness Recreation Arts & Culture outputs in a coordinated and collaborative manner with the City's funding source, i e Parks and Recreation, Police Department or private foundations In addition, the City should enter into collaborative funding ventures only in instances where the partner has provided assurances regarding the use of evidence based programs and adherence with the core operating principles adopted by the GFI Advisory Group The GFI Prevention & Intervention Service Network is intended to create a neighborhood -based inventory of gang prevention and supervision and social control, as intervention programs and activities closely aligned necessary Grassroots, faith- based, and community youth with GFI's core principles and utilization of agencies can be involved through the sponsorship of life skills training, tutoring, vocational, and job development/ evidence -based programs placement programs for targeted youth FY13 GFI Proposed PYD Service Partnerships Madison House Tutoring Incentive Program Provides opportunities for youth to receive after - school homework help, tutoring, and other education based programs to see the world beyond their circumstances Program Outputs 50 youth, 120 tutoring sessions, 3,600 tutoring hours through December 31, 2013 Outcome Improved academic performance among program participants YMCA ASPIREMentonng Program : Site -based mentoring for youth in the Northeast Yakima target area Program Outputs 60 Mentees, 60 Mentors, 60 mentoring matches by June 30, 2013, 540 mentoring hours through December 31, 2013 Outcome Decreased risk of gang involvement among program participants YPAL Life Skills Pro Provides targeted youth with immediate help in the areas of health and wellness, anger, time, and money management, and educational tutoring for the express purpose of mentoring the youth into responsible, positive citizens Program Outputs 120 youth, 1,440 life skills hours through December 31, 2013 Outcomes Decrease in attitudes favorable to gangs and violence among program participants Strategy Youth Development[MulUdiscplinaryl Team The Youth Development Team Is at the core of the GJJDP Comprehensive Gang Model [Intervention] and plays a key role In Identifying and delivering Intervention and prevention services This team Is composed of a multidisciplinary group of professionals from the fields of law enforcement, probation, outreach, education, and social services, who work together to case manage the Intervention targets of the action plan and to Identify additional prevention, Intervention, and suppression activities needed In the target communities Participation on the Youth Development Team can Increase the effectiveness of each agency's efforts, reduce duplication of services, Increase access to needed services, and ensure that gang members are held accountable fortheir actions By Identifying and providing concentrated services to those within the gang culture, the team's activities will also serve to Improve the quality of life for all residents of Yakima by reducing gang crime and Improving community safety Family Services Ent School GJJDP, 2009 Development Team Role • Creating individualized case management plansforgang members participating in the project • Engaginggang members in directserwcesto address their specific needs • Working together to dismantle orsurmount barriersto accessing services • Holding gang members accountable for negative behaviors • Assisting gang members in transitioningout ofthe gang lifestyle • Improvingthe effectiveness of agencies servinggang- involved clients • Reducing overa l l gang - related crime in the community Strategy: Outreach Outreach activities within the OJJDP Comprehensive Gang Model play a critical role The primary focus of the outreach services is to build an ongoing and pro - social relationship with youth and families while linking them to appropriate services Targeted outreach will be established to focus on core gang involved youth, with special capacity to connect pre - adjudication and in the local community setting Genera/ outreach activities such as recreation and arts, will be carefully integrated with existing and new prevention services not to become a primary focus, but rather a means to build relationships with clients and provide access to essential resources and services FY13 GFI Proposed Outreach Service Partnership YakimaJuvende Court: Provides targeted outreach to high risk youth and their families Program Outputs 30 youth through December 31, 2013 Outcome Lowered risk of gang involvement among participating youth Outreach Specialist Role: • Identify youths' needs and goals to help the team develop a more comprehensive intervention plan • Coach and provide role models for each youth • Coordinate appropriate crisis responses to project clients following episodes of violence in the community • Provide assistance to families in distress, ranging from accessing basic services to helping resolve family conflict • Visit clients who are incarcerated and helping to reconnect them to services when they are released from custody • Resolve conflicts and /or mediating between clients, their families, other youth, and /or agencies • Act as a liaison between project clients and service providers /schools to facilitate client access to services • Work with clients who are seeking employment, from helping these youth develop resumes, to identifying their skills and qualifications, to helping them apply for lobs or work with workforce services programs • Conduct gang awareness presentations in schools Yakima Po /ice Activities League YPAL outreach services will build ongoing and pro - social relationships with youth and families while linking them to appropriate services Outreach activities, such as recreation and arts, will be carefully integrated with existing and new prevention services not to become a primary focus, but rather a means to build relationships with clients and provide access to essential resources and services Program Outputs 4 Gang Awareness Seminars, 250 youth through December 31, 2013 Outcome Lowered risk of gang involvement among participating youth PERFORMANCE MEASURES 2012 2013 General outreach (gang awareness seminars) 0 4 General outreach targeting low to moderate risk youth 0 250 Targeted outreach to high risk youth 0 30 Strategy. Screening & Referral Screening or "Triage" is a brief assessment of the youth's current status to determine individual and family priorities It is important that team members create a protocol for screening and assessing new clients Outreach workers present information about prospective youth to the team, outlining how each youth meets the screening criteria The team members can then come to consensus about whether a youth is suitable for case management A screening team, including outreach workers and members of the Youth Development Team, should meet regularly to review the referral materials that have come in The screening process may indicate the need to refer the youth to crisis services Upon gathering all information and determining eligibility based on the established criteria, the screening team will make a determination They will also take into consideration the ability of the program to serve the family based on current caseloads A waiting list could be created in the future if we reach capacity Referral is an informal, ongoing process for reviewing information related to youth who show signs of being at risk of gang involvement or have been determined to be gang involved The referral process includes Youth Development Team review of screening and other information on referred youth, and the Teams decision about whether to add the youth to the caseload FY13 GFI Proposed Screening & Referral Service Partnership Yakima Po /ice Activities League: Utilization of the Washington Assessment of Risk and Needs of Students to determine placement within the GRIP framework Program Output 50 youth screened with WARNS by December 31, 2013, Refer 50 youth by December 31, 2013 Outcome Lowered risk of gang involvement among participating youth Yakima CountyJuvende Court- Utilization of the Washington Assessment of Risk and Needs of Students to determine placement within the GRIP framework Program Output 30 youth screened with WARNS by December 31, 2013, Refer 30 youth by December 31, 2013 Outcome Lowered risk of gang involvement among participating youth PERFORMANCE MEASURES 2012 2013 Complete WARNS screening 0 80 Complete referrals to GFI partner services 0 80 Strategy., Individual Needs Assessment An individual needs assessment instrument should be developed to ascertain the status of each client when he is accepted into the project The assessment instrument should be used for diagnosis, placement, and treatment planning and applicable in a variety of settings (i e , school, jail, social service) Individual Needs Assessment targets: • Client goals, abilities, talents, and desires • Family situation and structure • Gang involvement of family members • Other family issues • Criminal history • Gang history (and gang affiliation) • School history • Gang climate in the client's neighborhood • Substance abuse or mental health issues • History of abuse or neglect • Client's employment history and skill levels Special circumstances • Agencies that are currently serving the client • Possible safety issues involving the client Court requirements FY13 GFI Proposed Screening & Referral Service Partnership Yakima Police Activities League Use INA to diagnose, place, and plan treatment for high risk youth Program Output 30 youth INA's by December 31, 2013, 30 behavior modification plans by December 31, 2013 Outcome Lowered risk of gang involvement among participating youth PERFORMANCE MEASURES 2012 2013 Complete 30 INA's 0 30 Complete 30 Behavior Modification Plans 0 30 Strategy., Beha vioral & Family Interventions Behavioral interventions target individual gang members and youth at high risk of being involved with gangs GFI Partners will apply evidence -based interventions to help youth learn and experience positive alternatives Services provided include case management and individual /family counseling with a licensed /registered therapist One of the "Evidence Based Practices" recommended by the OJJDP is Multi- Systemic Therapy (MST) which is considered the cornerstone of behavioral interventions for gang involved youth The goal of MST is to reduce youth criminal activity and antisocial behaviors and to achieve these outcomes at a cost savings by decreasing rates of (re)incarceration and out -of -home placement MST aims to achieve these goals by empowering youth and parents with the skills and resources needed to independently address these difficulties and cope with their complex environmental and social problems Services engage the full system of the adolescents life starting with the parents (caregivers) Parents and caregivers are brought into the process and family members collaborate with MST therapists in designing a treatment plan What makes MST unique is the 'high intensity' treatment Unlike many other treatment models where the troubled youth sees a therapist at a clinic once a week, MST therapists go to the youth's home, school and community MST has high rates of treatment completion because therapists provide treatment in the families' homes and other community settings Going to the home overcomes the high dropout rates of other treatments because caregivers often have trouble getting families to appointments FY13 GFI Proposed Behavioral & Family Support Service Partnership TBD• Engaging 10 high risk youth in evidence -based behavioral intervention and family support services Program Output 10 youth by December 31, 2013 [ 103IR TiTZE1:311 PERFORMANCE MEASURES 2012 2013 Number of youth completing behavioral intervention 0 10 Number of families completing family support services 0 10 Strategy Targeted Emphasis Patrols The Steering Committee recommends the City of Yakima expand the Targeted Emphasis Patrols as they serve to increase visibility and awareness that the police are in the area and prepared to act Targeted Emphasis Patrols can be characterized as an increase in either the certainty or severity of official police reaction to gang activity in a specific area Targeted Emphasis Patrols are proactive and have been effective in addressing general crime problems in addition to the gang targets in and around Yakima With the recently established Yakima County Gang Court, a multiagency approach to targeting current gang members with suppression measures while also targeting entire gangs with police suppression is now possible Enhanced coordination can be achieved through Targeted Enforcement reams consisting of gang unit investigators, a probation officer, a deputy district attorney, and a district attorney investigator The teams will work together to selectively incarcerate the most violent and repeat older gang offenders in the most violent gangs, enforce probation controls on younger, less violent gang offenders, and arrest gang leaders in "hot spots' of gang activity Once offenders are identified, they are monitored closely for new offenses and undergo intensive supervision when on probation for violation of probation terms and conditions 200 1s0 100 s0 Gang Related Cases by Month City of Yakima JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC —2007 —2010 PERFORMANCE MEASURES 2012 2013 Strategy: Coordination & Resource Development GFI Coordination is instrumental to ensuring a successful implementation of the strategic actions included in the plan Coordination services work to establish and maintain linkages between public and private partnerships ensuring effective utilization of resources directed toward the suppression, intervention and prevention objectives The coordination services with significant involvement from the GFI Advisory Group lead the partnership development activities over the past five months including identifying and recruiting service providers, facilitating the GFI Provider Orientation event held on August 1, 2012, and guiding the procurement process which resulted in four GFI services expansions and enhancements and four partnership agreement recommendations for City Council consideration The proposed agreements will be discussed in detail at the November 27th Study Session Services provided under the coordination agreement also include meeting facilitation, website development and main- tenance, and partner management Coordination services not only coordinate current resources to better align them with the GFI anti -gang mission but also provide technical support aimed at enhancing service delivery through the applica- tion of evidence based programs and activities These activities are ongoing In addition, development services (identifying and securing the necessary resources in support of plan implementation) are being conducted Development is critical to the long term sustainability of the GFI initiative Current GFI Development Activities Anti -Gang Strategies Program — DISCONTINUED CommunrtyBased Violence Prevention — UNSUCCESSFUL Title V Disproportionate Minonty Contact — FUNDED $N 000 m partnership with Yakima County Juvenile Court $10,500 to City of Yakima Criminal Street Gangs — FUNDED $105, 000 in partnership with Yakima County Juvenile Court $55, 128 to City of Yakima GFI Gang Intervention Specialist PERFORMANCE MEASURES 2012 2013 Identify existing sustained resources that can be redirected toward the initiative 0 $280,000 Leverage the development activities of the partner network to better target the 0 4 service objectives of the initiative Participate in independent and collaborative grant and contract competitions 3 3 Strategy Youth & Famdy Development Center The purpose of the Youth & Family Development Center (YFDC) is to establish a physical location from which centralized management and coordination functions supporting the implementation of the Community Action Plan would originate In addition, the YFDC would function as the community's anti -gang 'forum "or single point of access for information and services related to gang suppression, intervention and prevention The core function of the YFDC is to serve as the nucleus of the strategic actions described throughout this comprehensive ant gang strategy In addition, the YFDC would be home to the Youth Development Team, Yakima Truancy Project and GEL Advisory Group whose functions are described in detail throughout this plan It is the recommendation of the Advisory Group that the Qty of Yakima prioritizes the formation of a Youth & Family Development Center at one or more of the existing community centers and continues its support as a critical infrastructure item Youth & Family Development Center Activities • Positive Youth Development Programming (e g, Life Skills, Academic Enrichment CareecEmployment Recreation) • Information Dissemination • outreach • Referrals & Screening • Individual Needs Assessments • Family Resource Services • Parent Development • Professional Development& Training FY13 GFI Proposed Screening & Referral Service Partnership Gang Free Yakima Connections —Call in Resource and Referral Service Program Output Peak and Off Peak (TED) telephone operators Improved access to information and services PERFORMANCE MEASURES 2012 2013 2014 Northeast YFDC Ongoing Ongoing Southeast YFDC 1 Ongoing Northwest YFDC 0 1 Southwest YFDC 0 1 CityofYakima GH Implementation Plan 2013 Strategy., Youth & Family Development Fund The Yakima City Council authorized the Yakima Gang Free Initiative Youth & Family Development Fund to support the implementation of the GFI Community Action Plan The Fund, totaling $140,000, represents 7% of the Council authorized utility tax increase approved on December 6, 2011 The Council's action supports the addition of 12 police officers along with the YFD Fund from the estimated $2,000,000 in new revenue generated from the tax The purpose of the Fund is to address criminal street gangs by helping to ensure that our youth avoid gang membership and activities, as well as other future criminal behavior by expanding critical intervention and prevention services into our areas of greatest need It is the intent to leverage local resources to support programs and activities that provide youth and families with the effective tools they need to resist criminal street gangs 2013 Youth & Family Development Fund Leverage City Investment — $140,000 Projected Partner Investments— $479,500 State & Federal Support — $65,628 ROl = 3.8: 1 PERFORMANCE MEASURES 2012 2013 2014 Partner Investment 1 0 1 $280,000 1 $560,000 Strategy., Gang Resistance & Intervention Framework A fully Integrated behavioral health model Is required In order to effectively Intervene In the gang problem This would Include a partnership among schools, law enforcement, social and behavioral health services and outreach agencies It Is especially critical that outreach agencies work collaboratively with referral based agencies Collaboration, rather than coordination, raises the partnership to a level of equal responsibility and advisement of recommended programs Coordination alone often results In compartmentalizing each agency's role and leaves no one with a global understanding of the problem Schools Community Outreach Request Outreach Request Juvenile Court Suppression M Family Support Services Outreach Youth Development Tea m ndiv idual N eeds Assasomanf Law & Justice Outreach Request Referral washingmn Assessment of Risks & N eeds of Students Positive Youth Development Academic Support Services Strategy: Yakima Truancy Project The GFI Advisory Group established a Truancy Workgroup tasked with developing a collaborative truancy services model that incorporates the Youth and Family Development Center as a central location for service coordination The project has identified four key partners City of Yakima, Yakima School District, ESD105, and Yakima County Juvenile Court The project is designed to expand and enhance existing truancy support mechanisms such as Education Advocates (ESD105), Family Support Specialists (YSD), Case Trackers (Juvenile Court) and Case Managers (Juvenile Court) The workgroup has been using the Family Truancy Intervention Program as the evidence -based model with one modification The modification is the addition of Cultural Advocates to address family readiness factors and bridge the cultural gap between the school and family The workgroup is finalizing the program design and will be conducting vigorous development (fund raising) activities in 2013 The workgroup met on June 5, June 26, July 10, July 31, and August 21 'The Yakima Truancy Project is not a truancy center concept but rather a Truancy services cooperative effort between key resources Yakima Truancy Proiect Key Components Service Component Partner Family Advocates TBD Student Support Specialists Yakima School District Education Advocates ESD 105 Case Trackers Juvenile Court Case Manager Juvenile Court PERFORMANCE MEASURES 2010 2015 Reduce Truancy Rate (Grades 1 -8) 674/1,000 500/1,000 Reduce Truancy Rate (Grades 9 -12) 1,011/1,000 500/1,000 Costs for the services described In this document have been negotiated with each of the GFI partners The table below provides a total cost projection based on the negotiated amounts for each service Including source of funding It Is Important to note that two critical components of the GFI strategy have not been developed They Include behavioral Interventions and family support services An estimated amount based on local averages for like services has been Inserted for budget planning purposes The total projected cost to Implement the GFI services through December 31, 2013 Is $685,128 Administrative costs are projected at $116,549 ($86,354 for Project Coordination and $30,240 for Development) for a grand total of $801,677 100% of the funds have been secured for FY2013 Development activities would need to secure an additional $108,000 to fund the required Behavioral Interventions and Family Support services Development activities are underway to secure this additional funding GFI Funding Distribution Partner Agencies $479,500 (60 %) City YFDF: $140,000 (17 %) City GFI Administration: $116,549 (15 %) State of Washington: $65,628 (8 %) Partner Evidence Based Program/ Activity # Served City Investment Partner Investment Yakima County Gang Commission Investment Total Project Cost Juvenile Court Targeted Outreach 30 $ 000 $ 000 $ 38,628 00 $ 38,628 00 YPAL General Outreach 240 $ 19,375 00 $ 38,750 00 $ 000 $ 58,125 00 Juvenile Court Screening & Referral 30 $ 000 $ 000 $ 000 $ 000 YPAL Screening & Referral 60 $ 19,375 00 $ 38,750 00 $ 000 $ 58,125 00 People for People Screening & Referral 60 $ 9,25000 $ 18,500 00 $ 000 $ 27,750 00 People for People Call Center (211) NA $ 9,25000 $ 18,500 00 $ 000 $ 27,750 00 Madison House Tutoring 50 $ 11,000 00 $ 34,500 00 $ 000 $ 45,500 00 YPAL Life Skills 120 $ 22,000 00 $ 66,000 00 $ 11,000 00 $ 99,000 00 YMCA ASPIRE Mentoring 60 $ 000 $ 30,000 00 $ 15,000 00 $ 45,000 00 YPAL & YVFWC Individual Needs Assessment 50 $ 38,750 00 $ 77,500 00 $ 000 $ 116,250 00 TBD Behavioral Interventions 10 $ 6,00000 $ 22,000 00 $ 1,00000 $ 29,000 00 TBD Family Support 10 $ 5,00000 $ 50,000 00 $ 000 $ 55,000 00 YPAL Facilities Management NA $ 000 $ 85,000 00 $ 000 $ 85,000 00 All Partners Multidisciplinary Team 30 $ 000 $ 000 $ 000 $ 000 R01 =3.8.1 $ 140,000.00 $ 479,500.00 $ 65,628.00 $ 685,128.00 Magallan Consultancy Coordination Services $ 86,354 00 $ 000 $ 000 $ 86,354 00 Magallan Consultancy Development Services $ 30,240 00 $ 000 $ 000 $ 30,240 00 Total Administrative Costs $ 116,549 00 $ 000 $ 000 $ 116,549 00 GRANT TOTAL $ 256,549 00 $ 479,500 00 $ 65,628 00 $ 801,677 00 [oil] file] i T i I a h LI 111 11F.11 C 1]. i i Baseline 2016 Juvenile Crime Rate 580 >300 Self- reporting Gang Membership (Washington Healthy Youth Survey) 7% (2010) 35% Yakima Murder Rate (Gang related) 4 (2010) 2 GANG FREE INITIATIVE IMPLEMENTATION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND PEOPLE FOR PEOPLE This AGREEMENT is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation, located at 129 North 2nd Street, Yakima, WA 98901 (hereinafter referred to as CITY), and PEOPLE FOR PEOPLE, a non-profit corporation, located at 304 West Lincoln Avenue, Yakima, WA 98902 (hereinafter referred to as CONTRACTOR). WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan; and WHEREAS, the City at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI; and WHEREAS, PEOPLE FOR PEOPLE, a Washington State non-profit corporation, experienced, in Youth and Family Development Programming, has proposed to offer Youth and Family Development screening and referral services; and WHEREAS, PEOPLE FOR PEOPLE, has the desired qualification to provide these services; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and PEOPLE FOR PEOPLE as follows: 1. Scope of Services. The CONTRACTOR agrees to perform these services and work for the CITY in accordance with and as described in the following: A. RFP documents No. 11221, attached hereto and incorporated herein by this reference; and B. Contractor Proposal submitted in response to RFP No.11221, and dated September 20, 2012, attached hereto and incorporated herein by this reference; and C. Addendum #1 to Contractor Proposal, "Negotiated Scope of Work for City of Yakima", attached hereto and incorporated herein by this reference. D. Communication: Regularly communicate with the City of Yakima's Gang Free Initiative (GFI) Director to assure mutual understanding of the work to be performed and the satisfactory completion thereof. GFI Service Provider Agreement/ People for People/ Page 1 E. Background Screening for Contractor and associates: CONTRACTOR shall submit a current list of names, and assignments of all employees and volunteers who will perform work under this Agreement. Prior to each employee and/or volunteer performing work under this Agreement, the CONTRACTOR employee or volunteer must complete and pass a criminal background check. All CONTRACTOR personnel shall pass a Washington Access to Criminal History (WATCH) background check offered by the State Patrol. There will be no exceptions and no substitutions of personnel without prior approved background clearance checks. Background checks will be conducted by the CONTRACTOR, at no cost to the City. Background checks from other sources are not acceptable. Background checks must be provided to the City. 1. Current City employees who have previously undergone a City background check shall not be required to be re -checked. 2. All CONTRACTOR and sub -contractor employees working on this Agreement must be clear of any sexual and drug related convictions. All CONTRACTOR and sub -contractor employees shall be free from any felony convictions. 3. Throughout the life of the Agreement, the City reserves the right to request updated background checks or to have them completed again. F. Changes in Personnel. Changes in the employment and volunteer list shall be reported to Magallan Consultancy GFI Coordinator (509-469- 0591), no less than five (5) business days before the requested changes are to become effective. G. Marketing Materials. CONTRACTOR shall ensure that all marketing materials and announcements for the project are co -branded with the City of Yakima as a partner in the project, and official logos of the City of Yakima shall be used to represent the city in said materials. These materials include, but are not limited to: program brochures, agency reports, print advertisements, posters, internet/website portals, radio and television public service announcements, shirts, hats, etc. 2. Term of Agreement. The term of this agreement shall begin upon execution by both parties and shall terminate upon the completion of all services required hereunder by the CONTRACTOR, but no later than December 31, 2013 unless terminated earlier by the CITY in accordance with Section 11 of this Agreement, or in the event of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.). GFI Service Provider Agreement/ People for People/ Page 2 3. Consideration. As consideration for the services performed under this Agreement, the CITY agrees to compensate the CONTRACTOR in accord with the following terms: A. In consideration for the performance by the CONTRACTOR in accordance with this Agreement the CITY agrees to pay an amount not to exceed Eighteen Thousand Five -Hundred Dollars ($18,500.00) to the CONTRACTOR for the work, as set forth in the RFP documents, at the time and manner upon fulfillment of the conditions provided. The amount shall not exceed the said amount without prior written approval from the CITY. B. The CONTRACTOR shall invoice CITY monthly for services performed under this Agreement. The CONTRACTOR shall submit a monthly invoice no later than the 20th day of the month following the month in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month. The amount of the invoice shall be for one -twelfth of the annual Agreement Amount for the current Agreement year. Invoices shall be sent to: MagaIlan Consultancy LLC, ATTN: City of Yakima GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901. The GFI Director is obligated to promptly review invoices and submit to the City. The CITY will reimburse the CONTRACTOR within thirty (30) days of receipt of a valid invoice for the amount of payment due. CITY shall return any invalid or incomplete invoice to the CONTRACTOR within thirty (30) days after CITY receives the invoice. An explanation will accompany the invoice that states the reason for return and any information needed to correct the invoice. Final invoices for services provided under this agreement shall be submitted by the CONTRACTOR no later than ninety (90) days following the termination of the agreement. 4. Independent CONTRACTOR A. No agency, employment, joint venture or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this agreement. Inasmuch as CITY is interested in the CONTRACTOR's end product, CITY does not control the manner in which the CONTRACTOR performs this agreement. CITY is not liable for workers' compensation or unemployment compensation payments required by the State of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities that result from compensation paid to the CONTRACTOR by CITY. CITY will report any payment made under this agreement to the Internal Revenue Service on Form 1099. B. No provision contained in this agreement shall be construed as entitling the CONTRACTOR to participate in hospital plans, medical plans, sick leave benefits, vacation, and other benefits available to employees of CITY. GFI Service Provider Agreement/ People for People/ Page 3 C. The CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to conduct business in Washington have been obtained and are operative. If at any time during the agreement period the CONTRACTOR becomes disqualified from conducting business in Washington, for whatever reason, the CONTRACTOR shall immediately notify CITY of the disqualification. D. The CONTRACTOR shall neither perform work nor submit an invoice for payment for work performed under this agreement for any time period after the termination date set forth in Section 2, above. E. The CONTRACTOR shall furnish its own support staff, materials, equipment and services as necessary for the satisfactory performance of the work described in Section 1, above. Unless otherwise specified in this agreement, CITY will not provide any other staff, services, or material to the CONTRACTOR for the purpose of assisting the CONTRACTOR in the performance of this agreement. 5. Location and Site Use The Yakima Gang Free Initiative Youth and Family Development Center will be located in the Miller Park Activity Center at 604 North Fourth Street, Yakima, Washington. The CITY has contracted with the Yakima Police Athletic League (YPAL) to manage, operate, and maintain the Miller Park Activity Center consistent with City policies. (a) Maintenance of work area. The CONTRACTOR shall keep their immediate work area neat, clean, and in good repair; ordinary wear and tear resulting from careful usage and damage by the elements without fault on the part of the CONTRACTOR alone excepted. (b) Defects. If the CONTRACTOR becomes aware of a defect in the facility, the CONTRACTOR shall immediately notify the YPAL Director or the CITY. (c) Confidential Information. All confidential information should be secured by the CONTRACTOR prior to leaving the center. (d) Alterations, Modifications and Capital Improvements. The CONTRACTOR shall make no alteration, modification, and/or capital improvements to the Center building and surrounding property as legally described herein without the prior written consent of the CITY. Any such alterations, modifications, and/or capital improvements shall be made at the sole expense and cost of the CONTRACTOR unless otherwise provided by mutual written agreement of the parties. (e) Personal Property. The CONTRACTOR shall be responsible for the possession, use, and maintenance of all personal property (including personal property of the City) located at the Center and shall take all reasonable steps to ensure that such personal property is not removed GFI Service Provider Agreement/ People for People/ Page 4 (f) from the Center. The CITY shall be responsible for the repair or replacement of personal property that is owned by the CITY, unless the damage or necessity for repair of the personal property was caused by the CONTRACTOR or results from the negligent use of the personal property by the CONTRACTOR. Prohibition Against Possession and/or Consumption of Intoxicating Liquor and/or Marijuana or Marijuana Products. The CONTRACTOR shall not permit any party to possess and/or consume any intoxicating liquor, beer, wine and/or similar beverage/substance, marijuana, and/or marijuana products at the Center and the surrounding property as legally described herein during the term of this Agreement. 6. Hold Harmless A. CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, the YAKIMA POLICE ATHLETIC LEAGUE, their elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of CONTRACTOR, its elected and appointed officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of CITY, its elected and appointed officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. C. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7. Insurance At all times during performance of the Services, CONTRACTOR shall secure and maintain in effect insurance to protect the CITY, Yakima Police Athletic League and the CONTRACTOR from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. CONTRACTOR shall provide and maintain in force insurance in limits no GFI Service Provider Agreement/ People for People/ Page 5 less than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. A. General Liability Insurance. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. B. Automobile Liability Insurance. B. If CONTRACTOR owns any vehicles, before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of automobile liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. If CONTRACTOR does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance". C. Professional Liability Coverage. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. 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. Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the CONTRACTOR will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shalt impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this Agreement. D. Under all situations described in this Section the required certificate of insurance shall: Clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect; and ii. Said policy shall be in effect for the duration of this Agreement; and GFI Service Provider Agreement/ People for People/ Page 6 iii. The policy shall name the CITY, the Yakima Police Athletic League, their elected and appointed officials, officers, agents, employees, and volunteers as additional insureds; and iv. Shall contain a clause that the CONTRACTOR will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent); and v. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 8. Conflict of Interest and Ethics Laws A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR has interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities under this agreement. B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR shall, prior to the completion of such work and payment for such work, acquire any interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of such work. C. The CONTRACTOR shall not promise or give to any CITY employee anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties. The CONTRACTOR shall not solicit a CITY employee to violate any CITY rule or policy relating to the conduct of contracting parties. D. Nondiscrimination. During the performance of the Agreement, the CONTRACTOR shall not discriminate in violation of any applicable federal state, and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. 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. GFI Service Provider Agreement/ People for People/ Page 7 E. The Americans with Disabilities Act. CONTRACTOR shall 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 with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. F. Compliance with Laws. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement. G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The CONTRACTOR shall immediately notify the CITY if during the term of the agreement it becomes debarred. In the event of such debarment, the CITY may immediately terminate this Agreement by giving written notice to CONTRACTOR. 9. Records, Documents, and Information. All records, documents, writings or other information produced or used by the CONTRACTOR in the performance of this agreement shall be treated according to the following terms: A. The CITY is required by law to comply with the Washington State Public Records Act (PRA). All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the CITY. B. All CITY information which, under the laws of the State of Washington, is classified as public or private, will be treated as such by the CONTRACTOR. Where there is a question as to whether information is public or private, CITY shall make the final determination. The CONTRACTOR shall not use any information, systems, or records made available to it for any purpose other than to fulfill the agreement duties specified herein. The CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of CITY and the State of Washington. The terms of this section shall be included in any subcontracts executed by the CONTRACTOR for work under this agreement. C. All proprietary information of the CONTRACTOR shall be held to be strictly confidential by CITY. Proprietary information is information which, if made public, would put the CONTRACTOR at a disadvantage in the market place and trade of which the CONTRACTOR is a part. The CONTRACTOR is responsible for notifying CITY of the nature of the information prior to its release to CITY. CITY reserves the right to require reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any information to be provided. GFI Service Provider Agreement/ People for People/ Page 8 D. All records relating to costs, work performed and supporting documentation for invoices submitted to CITY by the CONTRACTOR shall be retained and made available by the CONTRACTOR for audit by the State of Washington (including but not limited to CITY, the Auditor of the State of Washington, the Inspector General or duly authorized law enforcement officials) and agencies of the United States government for a minimum of three years after payment for work performed under this agreement. If an audit, litigation, or other action is initiated during this time period, the CONTRACTOR shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later. 10. Rights in Deliverables, Data and Copyrights. The Deliverables provided by the CONTRACTOR under Section 1 and any item produced under this agreement, including any documents, data, photographs and negatives, electronic reports, records, software, source code, or other media, shall become the property of CITY which shall have an unrestricted right to reproduce, distribute, modify, maintain, and use the Deliverables. The CONTRACTOR shall not obtain copyright, patent, or other proprietary protection for the Deliverables. The CONTRACTOR shall not include in any Deliverable any copyrighted matter, unless the copyright owner gives prior written approval to use such copyrighted matter. 11. Suspension and Termination A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of termination, terminate this Agreement as to all or any portion of the Services not then performed, whether or not CONTRACTOR is in breach or default, and with or without cause. Upon receipt of any such notice of termination, the CONTRACTOR shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. CONTRACTOR shall have the same termination rights as the City as specified in Section 11. B. In the event of termination pursuant to section 11A, the CONTRACTOR, shall take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report, as of the date of receipt of notice of suspension or termination describing the status of all work under this agreement, including without limitation, results accomplished, conclusions resulting therefrom, and such other matters as CITY may require. In the event of suspension or termination under this Article, the CONTRACTOR shall be entitled to compensation, upon submission of a proper invoice, for the work performed prior to receipt of notice of termination or suspension, which shall be calculated by CITY based on the rate set forth in Section 3. CITY shall not be liable for any further claims, and the claims submitted by the CONTRACTOR shall not exceed the total amount of compensation allowed by this agreement. GFI Service Provider Agreement/ People for People/ Page 9 C. If the City purports to terminate or cancel all or any part of this Agreement for CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default which would permit termination or cancellation, such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 11A and the rights of the parties shall be determined accordingly. 12. Breach or Default A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of this Agreement, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONTRACTOR shall be decided by the CITY'S Agreement Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Agreement Representative shall be final and conclusive, subject to the CONTRACTOR'S right to seek judicial relief pursuant to this Section. B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations or duties embodied in this agreement, CITY may exercise all administrative, contractual, equitable or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of subsequent occurrences, and CITY retains the right to exercise all remedies hereinabove mentioned. C. If CITY or the CONTRACTOR fails to perform an obligation or obligations under this agreement and thereafter such failure is waived by the other party, such waiver shall be limited to the particular failure so waived and shall not be deemed to waive other failures hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the CITY contract manager. D. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA, Washington. 13. Amendments This writing constitutes the entire agreement between the parties with respect to all matters herein. This agreement may be amended only by a writing signed by both parties. However, it is agreed by the parties that any amendments to laws or regulations cited herein will result in the correlative modification of this agreement, without the necessity for executing written amendments. Any written amendments to this agreement shall be prospective in nature. When a new or different term or condition is added, additional consideration is not necessary to bind the parties. 14. Assignment The CONTRACTOR shall not assign any interest (including subcontracts) in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of CITY. Any such GFI Service Provider Agreement/ People for People/ Page 10 assignments or subcontracts shall be submitted for CITY's review ninety (90) days prior to the desired effective date. Approval by CITY shall not be deemed to increase in any manner the total compensation provided for in this agreement. 15. Drug Free Workplace The CONTRACTOR shall comply with all applicable state and federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR shall make a good faith effort to ensure that all employees of the CONTRACTOR do not purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription drugs in any way while working on state, county, or municipal property. 16. Construction This agreement shall be governed, construed and enforced in accordance with the laws of the State of Washington. Should any portion of this agreement be found unenforceable by operation of statute or by administrative or judicial decision, the enforceability of the balance of this agreement shall not be affected thereby, provided that the absence of the unenforceable provision does not render the performance of the remainder of the agreement impossible. 17. Written Notices All written notices required by this Agreement shall be in writing and deemed received if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage pre -paid, to the addresses set forth hereunder or to such other addresses designated in writing by any of the parties in accordance with this provision. In case of CITY, to: Anthony O'Rourke City Manager 129 North Second Street Yakima, WA 98901 In case of CONTRACTOR, to: Madelyn Carlson Executive Director 304 West Lincoln Avenue Yakima, WA 98902 18. 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. GFI Service Provider Agreement/ People for People/ Page 11 IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. CITY CONTACTOR Anthony O'Rourke Madelyn Carlson City M. ger _ Executive Director Si Date: - CITY CONTRAC r N0r0' P-- 1 I 0 ;1 RESOLUTION N0: 001 1 k0 v Signature Date: /c -Q3 /,2 GFI Service Provider Agreement/ People for People/ Page 12 ADDENDUM #1 PEOPLE FOR PEOPLE NEGOTIATED SCOPE OF WORK Programming Objectives — Screening and Referral The Gang Free Yakima Connections resource call center is designed to provide gang prevention and intervention information to concerned callers, including gang -involved youth, their families, service providers and concerned citizens. In addition, trained Specialists will determine the specific needs of the caller, screen, and refer them to GFI partners or other agencies for services to meet their need. Objective 1: Develop screening tool and protocols to facilitate a brief assessment of the youth's current status to determine immediate/intermediate individual and family priorities. Deliverable(s): GFI Screening Tool. Target Date: 1st Draft by January 31, 2013 Objective 2: Establish call center screening and referral service capacity to field calls during peak and off peak hours. Deliverable(s): Gang Free Yakima Connections Call Center. Target Date: December 31, 2012 Objective 3: Develop policies and procedures for making referrals. Deliverable(s): GFI Call Center Policies & Procedures Manual Target Date: 1st Draft by January 31, 2013 Objective 4: Provide screening and referral services to 60 youth at risk of or involved in gangs annually Deliverable(s): Quarterly Activity Report. Target Date: Due the 15th day following the end of each quarter. Output: 60 callers screened, 60 callers referred to GFI resource or service partner by October 31, 2013. Objective 5: Working with GFI Advisory Group and other Screening & Referral providers to establish and coordinate crisis response mechanism targeting project clients following episodes of violence. Deliverable(s): GFI Crisis Response Protocols. GFI Service Provider Agreement/ People for People/ Page 13 CITY OF YAKIMA Request for Qualifications No. 11221-P To Provide Yakima Gang Free Initiative Youth & Family Development Programming September 6, 2012 RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 1 of 29 Notice to Proposers Request for Qualifications (RFQ) No. 11221-P Notice is hereby given by the undersigned that sealed Requests for Qualifications will be accepted in the office of Yakima City Purchasing, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 2:00 PM, September 21, 2012. At such time, all Respondents names will be publicly read and proposals received will be opened and accepted for consideration for: Yakima Gang Free Initiative Youth & Family Development Programming The City of Yakima has set aside up to $140,000 for professional services and reimbursable expenses for Youth & Family Development programming. The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide gang prevention and intervention services as specified in the RFQ Scope of Work. This RFQ is being funded in part by the "Yakima County Youth Services" Federal Grant and "Yakima County Gang Resistance & Intervention Project" Federal Grant. It is the policy of the City of Yakima that women and minority business enterprises shall have the maximum opportunity to participate in the performance of work relating to the City's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance with state and federal rules and regulations to ensure women and minority business enterprises the maximum opportunity to compete for and to perform contracts. Request for Qualification Packets are available in the office of the Purchasing Manager, City Hall, 129 N 2nd Street, Yakima, Washington, 98901. 509-575-6093. Packets are also available on the City's Purchasing Webpage at www.ci.yakima.wa.us. The City of Yakima reserves the right to reject any and all RFQ's. Dated this 6th day of September, 2012. (Seal) Colleen Bailey, CPPB Purchasing Buyer II Publish on: September 6th and 7th RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 2 of 29 CITY OF YAKIMA REQUEST FOR QUALIFICATIONS NO. 11221-P Yakima Gang Free Initiative — Youth & Family Development Programming This Request for Qualifications (RFQ) invites responses from applicants interested in providing Youth & Family Development Programming for the Yakima Gang Free Initiative (GFI). 1. PURPOSE: The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide services as specified in the RFQ scope of work. 2. DEFINITIONS: A. City The City of Yakima, Washington, and its departments. B. Applicant The person or firm submitting the proposal. C. RFQ The Request for Qualification, including any amendments or other addenda hereto. In case of conflict between the RFQ and exhibits, the RFQ governs. D. Selection Committee The RFQ Selection Committee is comprised of the RFQ Coordinator, City Council Public Safety Committee, City staff and GFI Advisory Group. Committee will not exceed 7 people. E. Qualification Packet/ProposalThe materials submitted by each Applicant in response to the RFQ, including all attachments. 3. RFQ ADMINISTRATION: Upon release of this RFQ, all applicant communication should be directed in writing to the RFQ Coordinator listed below. Any oral communications with other City employees will be considered unofficial and non-binding on the City. 4. RFQ COORDINATOR: The RFQ Coordinator is: Colleen Bailey, Purchasing Buyer II City of Yakima 129 No. 2nd Street Yakima, WA 98901 Ph: 509-576-6787 Email: colleen.bailey@yakimawa.gov 5. PRELIMINARY RFQ SCHEDULE (may be revised as needed): Date RFQ Released 09/06/2012 Qualification Packets Due 09/21/2012 at 2:00 P.M. Interviews TBD Faxing or mailing of letters to successful applicant TBD Contract Negotiations TBD Award of Contract by City Council TBD Proposed Start Date TBD RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 3 of 29 6. A BRIEF DESCRIPTION OF THE GANG FREE INITIATIVE: The City of Yakima GFI is based on the five principles of the Office of Juvenile Justice and Delinquency Prevention's Comprehensive Gang Model. This model and other "Best Practices" are being used by communities across the country to effectively address gang crime and violence. The mission of the Yakima Gang Free Initiative is to engage the community to develop suppression, prevention and intervention strategies that support and promote positive youth development. The City of Yakima has appointed an advisory group for implementation of the GFI Action Plan. The City of Yakima Community Action Plan for the Prevention, Intervention, and Suppression of Gangs (The Plan) represents the recommendations of the GFI Advisory Group to the City of Yakima for addressing the gang issue (can be viewed at http://www.yakimawa.gov/services/purchasing/openings/). Unlike other plans, it emphasizes prevention and intervention strategies at the neighborhood level and positions the City of Yakima together with community partners in a researched based, data driven, and outcome focused effort over the next 3 to 5 years. Four central assumptions frame the overall architecture to the Committee's recommended strategy. The City of Yakima and its partners endeavor to: A. Facilitate total community involvement through strategic guidance and leadership. B. Prevent the growth of gang activity and violence in Yakima through multidimensional collaborative efforts. C. Pursue necessary funding through collaborative efforts. D. Restore Yakima neighborhoods by reducing gang violence and problem activity throughout the City. While key findings are outlined in the Introduction to this Plan, the Advisory Group's Community Action Plan is based on the following fundamental constructs: E. A multidimensional anti -gang strategy should target youth between the ages 11-20 who exhibit high-risk behaviors and gang involvement. F. Young people who would move up the ladder of gang membership and activity are those who commit intentional acts of violence or are arrested for gang related incidents. G. The impact of gang members' actions not only adversely affects their parents, siblings, and other family members but the whole community—including the victims of gang violence who must deal with the horror of losing a loved one and the agony of having to deal with a variety of agencies to get restitution and support. H. No single program will fix the gang problems in our community. I. Strong public leadership by the City Council, City Manager and Chief of Police is essential. J. A coordinated and organized effort among all City departments, other government and community agencies is required to see results that integrate prevention, intervention, and suppression. K. To be effective, all programs and services focused on gang prevention and intervention must be culturally competent, linguistically sensitive, and accessible to the entire community. These constructs must be evident in the partnership agreements entered into by collaborating entities with the City of Yakima. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 4 of 29 This action plan targets the greater City of Yakima with special emphasis on "hubs" of gang activity in three neighborhoods—Northeast, North Central, and Southeast. In addition the Committee has established the following goals: 1) Establish the OJJDP Comprehensive Gang Model as the operating system, and 2) Reduce youth crime, violence, delinquency and academic failure through the prevention, intervention and suppression of youth gangs. Focusing on the goals stated above, the Advisory Group recommends to the City of Yakima the following five strategic objectives: Objective 1: Establish an effective coordinated collaboration process to impact gang activity citywide. Objective 2: Develop joint partnerships to help address the gang issues within the City of Yakima. Objective 3: Establish a data and research analysis process to keep the City Council, City Manager and GFI Committee aware of gang trends and anti -gang research on an ongoing basis. Objective 4: Based on existing funding, build capacity in existing, effective and promising gang prevention and intervention programs/strategies on a neighborhood basis. Objective 5: Develop a sustainable funding strategy for the Community Action Plan. 7. DEADLINE FOR DELIVERY OF QUALIFICATION PACKETS/PROPOSALS: One original Qualification Packet/Proposal with six (6) complete copies and one (1) complete copy on disc (CD), to be submitted to and date stamped by the City Purchasing Office: City of Yakima Purchasing Office 129 No. 2nd St. Yakima, WA 98901 Qualification Packets/Proposals must be received and stamped in by 2:00 p.m. on September 21, 2012, in a sealed package labeled RFQ No. 11221-P Yakima Gang Free Initiative - Youth & Family Development Programming, with the date and time of proposal opening written on the face of it. If you plan on attending the proposal opening, DO NOT BRING YOUR PROPOSAL WITH YOU INTO THE OPENING ROOM. It must be received and date stamped by the Purchasing Office. FAXED OR E-MAILED PACKETS WILL NOT BE ACCEPTED. QUALIFICATION PACKETS RECEIVED AFTER 2:00 P.M. PST, September 21, 2012 WILL NOT BE ELIGIBLE FOR CONSIDERATION. THE DEADLINE WILL BE STRICTLY ADHERED TO. LATE PROPOSALS WILL NOT BE CONSIDERED. Qualification Packets, which do not include all requested information and required documentation, may be considered non-responsive. 8. CONTRACT PERIOD: Projects will be funded for one 12 -month contract period, October 1, 2012 – September 30, 2013 (may be revised as needed). Non-competitive continuation requests will be considered up to five years depending on performance and availability of funds. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 5 of 29 9. PROPOSED SCOPE OF SERVICES: The City Administration and the City Council will prioritize funding of existing, effective, promising programs that establish targets for outcomes and outputs in a coordinated and collaborative manner with the City's funding source, i.e. Parks and Recreation, Police Department or private foundations. In addition, the City will enter into collaborative funding ventures only in instances where the partner has provided assurances regarding the use of evidence based programs and adherence with the core operating principles adopted by the GFI Advisory Group. Applicants may submit qualifications for one or more of the following prevention and intervention service components: A. Outreach The primary focus of the outreach services is to build an ongoing and pro -social relationship with youth and families while linking them to appropriate services. Targeted outreach should focus on core gang involved youth, with special capacity to connect pre -adjudication and in the local community setting. Outreach activities should be carefully integrated with existing and new prevention services not to become a primary focus, but rather as a means to build relationships with clients and provide access to essential resources and services. Outreach should describe a method for providing information that helps the Youth Development Team gain a better understanding of the issues within the target population and in the target area so that team interactions with gang members will be more informed. The GFI Advisory Group recommends that outreach be conducted in a manner that includes the following routine activities: 1) Identify youths' needs and goals to help the team develop a more comprehensive intervention plan. 2) Coach and provide role models for each youth. 3) Coordinate appropriate crisis responses to project clients following episodes of violence in the community. 4) Provide assistance to families in distress, ranging from accessing basic services to helping resolve family conflicts. 5) Visit clients who are incarcerated and helping to reconnect them to services when they are released from custody. 6) Resolve conflicts and/or mediating between clients, their families, other youth, and/or agencies. 7) Act as a liaison between project clients and service providers/schools to facilitate client access to services. 8) Work with clients who are seeking employment, from helping these youth develop resumes, to identifying their skills and qualifications, to helping them apply for jobs or work with workforce services programs. 9) Conduct gang awareness presentations in schools. B. Referral & Screening The GFI Advisory Group recommends that a referral and screening mechanism be established. Referral is an informal, ongoing process for reviewing information related to youth who show signs of being at risk of gang involvement or have been determined to be gang involved. The referral process should integrate with the Youth Development Team review of screening and other information on targeted youth, and the Youth Development Teams decision about whether to add the youth to the caseload. Screening or "Triage" is a brief assessment of the youth's current status to determine individual and family priorities. It is important that team members create a protocol for screening and assessing new clients. Outreach workers present information about prospective youth to the Youth Development RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 6 of 29 Team, outlining how each youth meets the screening criteria. The team members can then come to consensus about whether a youth is suitable for case management. A screening team including outreach workers and members of the Youth Development Team should meet regularly to review the referral materials that have come in. The screening process may indicate the need to refer the youth to crisis services. Upon gathering all information and determining eligibility based on the established criteria, the screening team will make a determination. They will also take into consideration the ability of the program to serve the family based on current caseloads. A waiting list could be created in the future if we reach capacity. C. Individual Needs Assessments Proposal should describe an individual needs assessment instrument either in existence or to be developed that will ascertain the status of each client when he/she is accepted into the project. Needs Assessment services should be appropriate for diagnosis, placement, and treatment planning and applicable in a variety of settings (i.e., school, jail, social service). The assessment should include information on: 1) The client's future goals, abilities, talents, and desires. 2) Family situation and structure. 3) Gang involvement of family members. 4) Other family issues that may affect the client's gang involvement. 5) Criminal history. 6) Gang history (and gang affiliation). 7) School history, including special issues such as learning disabilities or a history of behavioral problems. 8) Gang climate in the client's neighborhood. 9) Substance abuse or mental health issues. 10) History of abuse or neglect. 11) Client's employment history and skill levels. 12) Special circumstances, such as a client who is a teen parent. 13) Agencies that are currently serving the client. 14) Possible safety issues involving the client. 15) Current needs assessments from any of the team agencies. 16) Court requirements such as community service hours and restitution. D. Family Reunifications Services The Advisory Group recommends that a major component of intervention include Family Reunification Services that integrates aspects of family psycho -education, behavioral therapy and multiple -family approaches. In this context FRS will bring families of gang members or those at -risk of joining gangs together for learning and problem -solving, all oriented to the improved functioning both of the family member who's receiving services and the family unit as a whole. The FRS's primary working method is to help each family and youth to apply whole -family guidelines to their specific problems and circumstances. Proposed methodology should be linked to the severity of gang involvement of the youth. The methodology should also maintain stability by systematically applying a group problem -solving method, case-by-case, to difficulties in implementing the whole -family guidelines and fostering change. E. Positive Youth Development Programming Positive Youth Development Programming refers programs and activities that target youth during non - school hours including scheduled school closures (holidays) and summer months. Programming serves to provide an alternative to participation in youth problem behaviors (gangs, delinquency, substance abuse, etc.) Positive Youth Development services should focus on promoting programs that RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 7 of 29 have outcomes that are effective and reflect a direct impact on gangs and at -risk youth's ability to make positive choices. Proposals should describe activities that target one or more of the following strategic actions: 1) Improve Parent/Youth communication. 2) Increase utilization of modern technological mediums including social networking in anti -gang activities. 3) Increase personal discipline, leadership and team playing skills among Yakima youth. 4) Increase opportunities for personal story telling through drama, writing, talking circle as a means for healing, hope giving. 5) Identify and expand opportunities for youth self expression (i.e., artistic, cultural, recreational). 6) Facilitate school reentry. 7) Expand structured out-of-school programming. 8) Expand gun safety education opportunities for youth. 9) Increase target youth understanding of risks associated with substance abuse/misuse. 10) Identify and expand youth supported suppression activities. 11) Increase target youth understanding of risks associated with guns and violence. 12) Identify and expand community supported suppression activities. 10. QUALIFICATION PACKET/PROPOSAL DOCUMENTS: Provide a detailed description of the proposed services including the following: A. Schedule of Activities B. Service Capacity (Number of Youth/Families to be served) C. Staffing and required qualifications D. Intended Outcomes E. 12 month Work Pan F. Literature Citation(s) providing evidence of the effectiveness of the proposed service. 11. QUALIFICATION REQUIREMENT: Applicants should address the following areas in their Qualification Packet: A. Experience: 1) Explain the qualifications your firm has to provide the proposed services. 2) Describe your experience in providing similar services. 3) Describe existing partnerships that may contribute to your success. B. Cultural Competency: 1) Describe your plan for ensuring services and activities which are capable of serving the cultural, economic, language, and other unique characteristics of the targeted population. C. Budget 1) Provide a twelve month total project budget and justification including the following: A. Personnel B. Benefits C. Supplies D. Travel E. Other 2) Provide a description of your agencies matching contribution. Partner agencies will be required to match city funds at a rate of 2 to 1.* For example: An agency requesting $10,000 of City funding, a total of $20,000 must be described as matching contribution for a total project budget of $30,000. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 8 of 29 *MATCH REQUIREMENTS ARE NEGOTIABLE ON A CASE BY CASE BASIS as in the best interest of the City. If your agency submits a budget with less than a 2 to 1 matching contribution a separate request for match reduction and or waiver must be included in your packet. 12. EVALUATION BY ANALYSIS COMMITTEE: All Qualification Packets will be screened to determine whether the minimum requirements of the RFQ are met. The Selection Committee (SC) will then evaluate those proposals, which meet the minimum RFQ requirements. Each responsive proposal will be rated on a point system with the top -scoring proposer selected to enter into negotiations. A. Qualification Evaluation Criteria: The following are the criteria, which will be used in the selection of applicants. A maximum score of 100 points will be used by each evaluator to score applicants. Each of the following elements shall have the stated maximum point value: 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 Qualification and Ex • erience Points 1) Program Description 40 2) Experience (See pg 8 -11) 25 3) Cultural Competency (See p 8-11) 5 4) Budget Appropriateness (See p 8-11) 20 5) Matching Contribution & Sources (See p 8-11) 10 TOTAL 100 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 correct obvious ambiguities and errors in the Contractor's proposal and to waive non -material irregularities and/or omissions. B. Applicant's Cost to Develop Qualification Packet: Costs for developing qualification packets in response to the RFQ are entirely the obligation of the Applicant and shall not be chargeable in any manner to the City. C. Applicants' Questions: Any person contemplating submitting an RFQ who is uncertain as to the intended meaning of any part of the RFQ or other contract documents, or who finds discrepancies in, or omissions from the RFQ may request interpretation, clarification, or correction of this RFQ. Such request must be in writing and must be delivered to the RFQ Coordinator by mail, email, or hand delivery. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFQ will be made only by written addendum and will be mailed or delivered to each person receiving this RFQ, in addition to being posted on the City Purchasing webpage. Any information given to any applicant concerning the solicitation or any changes to the RFQ shall be provided in writing to all applicants to ensure that all applicants receive the same information relating to the RFQ. The City will not be responsible for any other interpretation, clarification, or correction of this RFQ. Applicants must acknowledge receipt of any addenda received in their response by either stating they received the addenda, or returning said addenda with their response. Each applicant should verify that it has received all addenda to this RFQ by direct inquiry to the City Contact Person before submitting proposals. D. Clarification of Responses: As part of the evaluation process, and at the discretion of the SC staff, applicants may be asked to clarify specific points in their respective responses. The SC reserves the right to request oral interviews of applicants. Whether there will be interviews and who will be invited to make a presentation to the SC will be at the sole discretion of the City. E. Proprietary Material Submitted: Any information contained in the RFQ submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a applicant's submittal, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.17 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected applicant has been given an opportunity to seek a court injunction against the requested disclosure. F. Public Disclosure: Proposals shall become the property of the City. All proposals shall be deemed a public record as defined in RCW 42.56 "Public Records." Any proposal containing language which copyrights the proposal, declares the entire proposal to be confidential, declares that the document is the exclusive property of the Applicant, or is any way contrary to state public disclosure laws or this RFP will be declared non responsive and removed from consideration. Any information in the proposal that the successful Applicant desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated as described in Section Proprietary Information. The particular exception from disclosure upon which the Applicant is making the claim and the RFP page it is found on must be identified. RFP's will not be disclosed prior to release to potential respondents. With the exception of lists of prospective Applicants, the City will not disclose RFP records until execution of the contract(s). At that time, all information about the competitive procurement will be available with the exception of: Proprietary/confidential portion(s) of the successful proposal(s), until the Applicant has an adequate opportunity to seek a court order preventing disclosure. The City will consider a Applicant's request for exemption from disclosure; however, the City will make a decision predicated upon RCW 42.56. G. Delegation of Professional Services: The services provided for herein shall be performed by the Contractor, and no person other than regular associates or employees of the Contractor shall be engaged upon such work or services except upon written approval of the SC and/or City. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 10 of 29 H. Relationship between City and Contractor: The Contractor and any authorized subcontractors shall at all times be an independent Contractor and not an agent or representative of the City with regard to performance of the Services. The 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 the City. I. Property Rights: All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project, which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. J. Work Made for Hire: All work the Contractor performs under this agreement shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, reports, and any other materials the Contractor produces in connection with this agreement. On completion or termination of the agreement, the Contractor shall deliver these materials to the City project manager. K. Hold Harmless: The Contractor shall, and hereby agrees to, release, save, otherwise hold harmless and indemnify the City of Yakima from claims, demands, damages, actions, causes of actions or other liability, injury, or harm caused by act or omissions, foreseen or unforeseen, negligent or otherwise, that would otherwise befall said City arising out of the Contractor's implementation of the terms of this contract. L. Non -Discrimination: 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, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. 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. M. The Americans With Disabilities Act: With regard to the services to be performed pursuant to this Agreement, 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 antidiscrimination 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 of employment, public accommodations, state and local government services, and telecommunications. N. Term and Renegotiation: The term shall commence on the date of last signature and terminate twelve (12) months thereafter, unless extended or sooner terminated per the terms and conditions of the resulting negotiated contract. The period of performance may also be extended by mutual written agreement of the parties. The City may, at its option, extend the contract on a year to year basis as budget allows and subject to a successful price agreement. O. Venue: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 11 of 29 P. Insurance and Performance Bond: Professional Liability Insurance, Automobile Insurance, Worker's Compensation Insurance, and/or a Performance Bond may be required of the Contractor and may be part of the resulting negotiated contract. Q. Licenses: If applicable, successful Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575-6121. R. Protest Procedure: Any protest must be made in writing, signed by the protestor, and state that the Applicant is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, faxed to 509-576-6394 or emailed to sownby@ci.yakima.wa.us. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests before award shall be filed five (5) days before the solicitation due date, and protests after the award shall be filed five (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Applicant: Step I: Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the City Purchasing Manager shall issue a decision. This decision shall be delivered in writing to the protesting Applicant. Step II: If unresolved, within three (3) business days after receipt, the protest may be appealed to the Department Head by the Purchasing Manager. Step III: If still unresolved, within three (3) business days after receipt, the protest may be appealed to the City Manager (or his designee). The City Manager shall make a determination in writing to the Applicant. Grounds for Protest Only protests stipulating an issue of fact concerning the following subjects shall be considered: A matter of bias, discrimination, conflict of interest; Solicitation unduly constrains competition or contains inadequate or improper criteria; Errors in computing score; Non-compliance with procedures described in the solicitation or City Policy. Protest Determination Each review and determination of the protest shall issue a decision that either: Finds the protest lacking in merit and upholds the award; or Finds only technical or harmless errors in the acquisition process and determines the City to be in substantial compliance and therefore reject the protest; or Finds merit in the protest and provides options for correction, including, but not limited to, correcting the errors and re-evaluating the bids, reissuing the bid to begin a new process, or entering in to a contract that remedies the protest finding; or Makes other findings and determines other courses of action as appropriate. Timeframe Only protests and complaints received within the required timeframe for protest action are accepted for consideration. Award Announcement Purchasing shall announce the successful bidder via City Website, e-mail, fax, regular mail, or by any other appropriate means. Once the announcement is released by Purchasing, the protest time frame RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 12 of 29 begins. The timeframe is not based upon when the Applicant received the information, but rather when the announcement is issued by Purchasing. Though every effort will be made by Purchasing to distribute the announcement to the interested Applicants, Purchasing is not responsible to assure that Applicants receive the announcement. It is the responsibility of the Applicants to obtain the announcement from Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; A prompt award will otherwise be advantageous to the City. If the award is made, the file must be documented to explain the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 13 of 29 E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E - Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this day of , 20 Signature: Printed Name: Phone #: Email Address: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 14 of 29 Personnel Inventory Form * To Accompany Bid Proposal Firm Name: Contact: Address: Phone Number: City: State: Zip: Type of Service Provided: Are you a certified DBE or WMBE?: YES NO. If yes, what is your certification number? # Contractor's Entire Work Force - if you need additional space, photocopy this section and attach it to this form. Occupation Total Employed Total Minorities African American Asian or Pacific Islander Native American Hispanic or Latino Apprentice Trainee M F M F M F M F M F M F M F Officers Foremen Clerical Totals: Goals for minorities and women employees in the contractor' s and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 15 of 29 Exhibit A GENERAL FEDERAL TERMS THAT WILL BE ADDED TO CONTRACT 10. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 16 of 29 APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 17 of 29 11. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FED does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FED Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FED Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FED Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FED Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 18 of 29 Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FED Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FED does not require the inclusion of these requirements in subcontracts. 12. FEDERAL CHANGES 49 CFR Part 18 Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FED. Federal Changes - Contractor shall at all times comply with all applicable FED regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FED, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 21. TERMINATION 49 U.S.C. Part 18 FED Circular 4220.1E Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 19 of 29 Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FED does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 20 of 29 e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 21 of 29 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 22 of 29 If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 23 of 29 The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 23. PRIVACY ACT 5 U.S.C. 552 Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for Federal Funding, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Flow Down The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Model Clause/Language The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FED. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FED. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 24 of 29 24. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FED has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FED may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (b) Acre - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 25 of 29 (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FED, modified only if necessary to identify the affected parties. 25. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FED Circular 4220.1E Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FED does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FED third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 26 of 29 Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Background and Applicability The newest version on the Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 27 of 29 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror' s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the {insert agency name} and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name}. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 28 of 29 29. STATE AND LOCAL LAW DISCLAIMER Applicability to Contract This disclaimer applies to all contracts. Flow Down The Disclaimer has unlimited flow down. Clause/Language State and Local Law Disclaimer — The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 29 of 29 Target Date: 1st Draft January 31, 2013 Objective 6: Integrate the Gang Free Yakima Connections resource call center into the existing 211 call center service. Deliverable(s): Gang Free Yakima Connections 211 Call Center Target Date: December 31, 2012 GFI Service Provider Agreement/ People for People/ Page 14 CONTRACT AMENDMENT NO. 1 PROJECT: City of Yakima RFP No. 11221-P DESCRIPTION: Youth & Family Development Programming VENDOR: People for People THIS CONTRACT AMENDMENT NO. 1, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter "City") and People for People (hereinafter "Contractor"). WHEREAS, City and People for People executed a "Contract" on December 13, 2012, providing for positive youth development, outreach and assessment programs for the City pursuant to the above -referenced RFP; and WHEREAS, Section 13 of the Contract authorizes the parties to amend the Contract in accordance with the procedures stated therein; and WHEREAS, both parties have agreed to a change the invoicing terms and it is in their mutual interest to modify them from the original contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor to change the invoicing as follows: B. The CONTRACTOR shall invoice CITY monthly quarterly in arrears for services performed under this Contract. The CONTRACTOR shall submit a monthly quarterly invoice no later than the 20th day of the month following the month quarter in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month quarter. The amount of the invoice shall be for :: - • one-fourth of the annual Contract Amount for the current Contract CITY J'F YAKIMAAU Rourke, ity Manager CONTRACTOR ACCEPTANCE: Madelyn Cflson, Executive Director CITY CONTRAC r NO: a()/ e 0 RESOLUTION NO: Contract amendment #1 for 11221P 0 1 4{ ,1.13 Date 3 -13 cC/,.5 Date city of Yakima Gang Free Initiative Youth & Family Development Fund Grant Application Yakima Gang Free Connections Project Proposai Submitted by People For People Organization History including Existing Partnerships (Experience) People For People is a 501(c) that has a lone history and extensive experience in administering and providing social services to low-income arid diverse populations. Established in 1965. People For People's mission is to strengthen the cmnmunities we serve bv providing resources and opportunities that empower people to laid self-sufficient and enriched lives. To achieve our mission, People For People's Business Plan has the following goals: • Operate programs that achieve customer focused outcomes with fiscal and programmatic accountability • Provide excellent services that empower customers to achieve success and well being • Maintain and develop a loyal and diverse workforce that responds to the needs of our customers • Create and sustain effective strategic community partnerships for customer services • Increase community awareness of People For People's versatility and responsiveness People For People is a successful and highly respected community-based organization that employs over 140 staff and operates seven offices throughout Washington State. People For People's Board of Directors is the governing body that sets policy, develops the strategic business plan and establishes the mission, values, and direction for long-term performance with the conservation and expansion of assets. Over the 47 -year period of service, People For People has continued to expand to meet the requested needs of low-income and diverse populations to become self-sufficient. Operating with a $16 million annual budget, the followine, is a chronological list of programs that People For People currently provides: 1965 Employment and Training Services—Yakima and Kittitas counties People For People provides a wide range of employment and training services for adults under the Workforce Investment Act, Community Jobs, and Dislocated Worker Program as well as special projects designed to provide the training and support for individuals to gain and retain employment. The Workforce Investment Act provides employment and training services for over 200 low-income and underemployed individuals to move towards self-sufficiency through employment. The Community Jobs program assists over 220 Work First parents with service to transition from welfare to employment. In Kittitas County, the Dislocated Worker Program provides service to individuals who have recently lost employment and need assistance in regaining employment. People For People has operated the WorkSource Kittitas since 2001. People For People Gang Free Inniamc RFQ No. 11221-P • • 1982 Transportation Services—Yakima County With no public transit outside the boundaries of the City of Yakima, People For People began providing responsive transportation for older adults, individuals with disabilities, and individuals with limited incomes. In Yakima County, People For People provides both door- to-door service and fixed route service with over 95,000 trips per year. 1989 Medicaid Brokering Service—Benton, Chelan, Columbia, Douglas, Franklin, Kittitas, Okanogan, Yakima, and Walla Walla counties People For People was selected as one of two pilot projects in the state to assess the feasibility of brokering a]1 Medicaid -related transportation. With the successful demonstration, Washington has a flourishing model that is implemented statewide. People For People continues to broker transportation and interpreter services for Medicaid eligible individuals to access health care services in their communities or specialty care in areas such as Seattle. 2005 Greater Columbia 2-1-1—Eastern Washington (16 counties) Western Washington (2 counties) People For People was identified by United Way as an organization with the infrastnicture to support the development of a regional call center for Washington Information Network (WIN) 2-1-1. Greater Columbia 2-1-1. located out of our office in Yakima, provides information and referral services to 18 Washington counties. 2009 Basic Food Outreach—Eastern Washington People For People provides Basic Food Outreach to 19 Eastern Washington counties. People For People provides education, outreach. and assistance to individuals to access the Basic Food benefit. People For People is the lead contractor for Asotin, Benton, Franklin, Columbia. Garfield, Kittitas, Walla Walla, and Yakima counties and subcontracts with Rural Resources Community Action to serve an additional 12 counties in Eastern Washington. 2011 Washington Information Network 211 (WIN 211) Statewide Network People For People was selected to provide overall administration and technology support for Washington Information Network 211 (WIN 211). WIN 211 is a statewide network of seven regional call centers, helping citizens access thousands of local health and human services. Clalara- 14orear iu Washington State 2-14 Call Center Sen ice Areas 2011 Senior Nutrition Yakima County Rc;:inn People For People was selected through a Clark Skaaaan4 competitive process to provide the Senior Nutrition Program for disadvantaged seniors in Yakima County. For People provides nutritious meals for home delivery and congregate meal sites. The meals and other nutrition services are provided in a People People For People—Gang Free Initiatk R1'1) No. 1 1221-P variety of group settings, such as senior centers, as well as in the homes of homebound older adults. 2012 Seasonal Child Care- Eastern Washington (10 counties) Western Washington (2 counties) The Department of Early Learning, in partnership with DSHS, recently awarded People For People the contract to provide state-wide seasonal child care outreach, education and application assistance to individuals working in seasonal agricultural employment. People For People has been awarded and successfully private financial resources for over 47 years with perfect audit records that have resulted in no disallowed costs. The corporation's financial systems safeguard funds and adhere to all federal and state laws, regulations, and OMB Circulars governing non-profit organizations. Specifically, the financial system complies with the Generally Accepted Accounting Principles (GAAP) and OMB Circular A-133. The financial integrity and accountability of the corporation is verified by annual corporate audits conducted by an independent auditing firm. In addition to the independent audit. People For People's financial systems are monitored and tested for accuracy and accountability by local, state. and federal monitoring teams, managed numerous federal, state, local and Total Annual Revenue $16,001,309 by Division Medicaid/ Transportation Broker Transportation 27", Greater Columbia 2 1-1 Senior Notmon Employment & Training 13`'ik People For People administers more than 40 contracts and consistently deinonstrates a fiscally strong corporation with policies and procedures to safeguard the expenditure of public and non-public funds. Description of Proposed Services- "Ganz Free Yakima Connections Project" Program/Schedule of Activities The Office ofJuvenile Justice and Delinquency Prevention's Comprehensive Gong Model emphasizes that -primary prevention targets the entire population in high -crime and high-risk communities- and that "the key component is a One -Stop Resource Center that makes services accessible and visible to members of the community" (National Gang Center, Office of Juvenile Justice and Delinquency Prevention, 2010, pg.11). People For People's Greater Columbia 2-1-1 (GC2-1-1) Information and Referral Call Center is an easily accessible version of a one-stop resource center. In today's high-tech world, people want to access information with the touch of a button. 2-1-1 provides one, easy -to - remember number that connects callers with a trained and certified Information and Referral Specialist who can link them to the services they need. Since 2006. People For People's Greater Columbia 2-1-1 Information and Referral Call Center has provided a pathway to available resources and social services in Central Washington. People in need often report that navigating the health and human services maze can be overwhelming and frustrating. 2-1-1 addresses this barrier by providing up-to-date, accurate information on the services available in our community. These services include housing, food, recreational activities. legal aid, utility assistance, transportation. job training and much more. In People For People—Gang Fre Initiative RFQ No 11221-P addition, GC2-1-1 can provide warm and friendly support to callers in need of help, or who are nearing a crisis in their life. The goal of Gang Free Yakima Connections is to provide gang prevention and intervention information to concerned callers, including gang -involved youth, their families, service providers and concerned citizens. Trained l&R Specialists can determine the specific needs of the caller and refer them to the agency, service or program available to meet that need. They can also inform the caller of the eligibility criteria necessary to access that particular service. This eliminates the frustration of an individual going from agency to agency, only to be told that there is no funding or that they aren't eligible. Funding for Gang Free Yakima Connections will allow call center staff the opportunity to not only provide referrals to services, but also to provide in-depth advocacy for gang involved youth, their families and the agencies that are working with thein. Advocacy will be provided: • When an inquirer indicates that they have been denied benefits or services to which the GC'2-1-1 Information and Referral Specialist believes they are entitled. • When an inquirer is unable to access resources due to a communication barrier, including language, handicap, or diminished capacity. • When they have a complaint about a service and request assistance from an Information and Referral Specialist. a When there is an expressed need for additional assistance during a 2-1-1 follow up with the individual. • Other situations when an inquirer specifically requests Information and Referral assistance and intervention. In addition, call center staff will provide comprehensive outreach to partner agencies to improve program knowledge, ultimately strengthening the quality of the GC 2-1-1 database of local resources. Community outreach strategies will focus on distributing Gang Free Yakima Connections information at community events including school resource fairs, health fairs and clinics, corrections facilities, and parent meetings. Information will be distributed through media outlets including, newsletters, radio stations and newspapers. Information will also be communicated directly through the Greater Columbia 2-1-1 call center. Greater Columbia receives approximately 35,000 calls annually from individuals needing assistance throughout the18-county service region. A front-end message will be created to provide a direct connection to an 1 & R Specialist that can link the caller to information on gang prevention, intervention and support services. Gang Free Yakima Connections project will address several key prevention and intervention components adopted by the Gang Free Initiative Advisory Group, including: • Providing access to essential services and linking youth and families to the appropriate service(s) - Outreach Component This will be accomplished by, providing access and information through the 2-1-1 call center. WIN21 1 website and WIN21 1 smart phone app • Providing information that helps the Youth Development Team to gain a better understanding of the issues within the target population — Outreach Component The 2-1-1 phone and database systems are able to track callers by zip code and record the specific need of the caller. GC2-1-1 can create monthly reports to help track the People For People Gang 1 ree Inmai RFQ No 11221-P 4 number and type of calls received and the issues that gang -affected individuals call about. ▪ Providing assistance to families in distress, ranging from accessing basic services to helping resolve family conflicts — Outreach Component 2-1-1 provides a friendly, caring voice to callers in distress. Information and Referral Specialists are trained to listen with compassion and to assess crisis situations. Callers requiring intensive crisis intervention services can be connected to trained crisis intervention professionals. 2-1-1 can refer families in conflict due to gang issues to the appropriate service identified by the GFI Action Plan. ▪ Utilizing modern technological mediums. including social networking, in anti -gang activities — Positive Youth Development Programming Component 2-1-1 provides a variety of ways for individuals to access information, including calling via telephone (landline or cellular). accessing resources through our WIN211 website and connecting to available services through our smart phone 2-1-1 app • Identify opportunities for youth self expression, youth supported suppression activities, and community supported suppression activities— Positive Youth Development Programming Component 2-1-1 can identify the agencies, programs and services that already exist in the City of Yakima and are included in our 2-1-1 resource and referral database. With the support of this grant, 2-1-1 will be able to work on identifying additional resources that will support the mission and principles adopted by the GFT Advisory Group. Service Capacity (Number of Youth/Families to be served) In April of 2010, the City of Yakima launched a gang awareness campaign to reduce gang activity. This campaign included the airing of a one-hour special on local media outlets educating families on how to keep their children out of gangs. The special included a message directing people to contact 2-1-1 for additional information and resources. In the month prior to this special airing, 0C2-1-1 received one call under the topic of gangs. In the 4 months after the special aired, GC2-I-1 received 45 calls requesting information on gangs and available resources. Based on this information, we anticipate that with a comprehensive marketing and outreach plan. including PSA's and utilizing other media outlets, GC 2-1-1 would provide gang free infoiniation, education, and resources to over 100 individuals during the first year. Staffing The Gang Free Yakirna Connections project funding request of $9500 will enable GC 2-1-1 to employ a .70 FTE Gang Free Yakima Connections Information & Referral Specialist. This individual will be responsible for ensuring that the 2-1-1 database includes all up-to-date resources available to gang- imolved youth, concerned families, and the City of Yakima community as a whole. Through a partnership with other Youth & Family Development Fund grantees. additional resources would be identified or created to meet the needs of gang affected individuals requesting assistance. The Gang Free Yakima Connections Information and Referral Specialist will ensure that all 2-1-1 staff are trained to respond to these requests and are familiar with the resources that are available. They will provide outreach to the City of Yakima community, as outlined in the Proposed Activities section, to educate them about this service available through 2-1-1. People For Feoplc—Gang Free Initiati'e RFQ No 11221-P Greater Columbia 2-1-1 is an Alliance of Information and Referral Systems (AIRS) accredited call center. AIRS accreditation is the primary quality assurance mechanism for affirming Information & Referral excellence. A required standard for accredited call centers is assuring that at least 50% of call center I & R specialists are certified by AIRS. AIRS certification is a measurement of documented knowledge in the field of 1 & R and reflects specific competencies and related performance criteria. GC2-1-1 currently exceeds this requirement. GC 211 has several English/Spanish bilingual/bicultural Information and Referral Specialists to meet the diverse needs of our callers. In addition, we have access to a Language Line that provides interpretation services for over 170 languages. People For People has been providing services to low-income and diverse populations since 1965. We employ a staff that is reflective of the communities we serve, including many that have accessed People For People services in the past. Intended Outcomes The intended outcome of Gang Free Yakima Connections is to provide a -one-stop shop" for gang education, information and resource and referral to citizens in the City of Yakima. This outcome will be achieved by: • Simplifying the access to resource information by having one, simple phone number; 2-1-1. • Decreasing frustration of not knowing where to turn for assistance with gang involved youth. • Increasing community awareness ofwhere to go for questions or concerns regarding gang activity. Providing support to agencies, families, and gang involved youth who are looking for resources to improve their situation. By making the process to receive this information easier. the ultimate outcome will be a better educated community that has access to the necessary resources to address gang issues. This will ultimately decrease the number of individuals in the City of Yakima that are involved with gang activity. ar Work Plan 1. Identify current resources and gather additional resources appropriate to support gang involved youth and families. Update 2-1-1 database with additional resources that address gang issues. 2. Put up -front message on 2-1-1 line that directs callers who are calling for additional information and resources for gang involved youth. 3. Train 2-1-1 Information and Referral Specialists about unique needs of people calling to get information to support Gang Free Yakima. 4. In conjunction with other GFI grantees, develop marketing materials to disseminate at meetings and community events that infolin the community that 2-1-1 provides information and support regarding gangs and gang involved youth. People For People Gang Free Initiative RFQ No 11221-P 6 1 Year Work Plan by Quarter Date s Quarter Objective • Train staff on Gang Free Yakima Connections project mission and goals Inform and educate the Yakima community that they can contact 2-1-1 if they need information about gang prevention and intervention services. This will be done in partnership with the Gang Free Initiative marketing plan and should include marketing materials and Public Service Announcements • Place front-end message on 2-1-1 line that directs interested callers to the Gang Free Information & Referral Specialist for additional information on gang education, prevention and intervention services • Develop partnerships with other Gang Free Initiative funded projects • Participate in Gang Free Initiative meetings/trainings and activities • Develop list of existing agencies, programs and services in the 2-1-1 Resource Database that support gang prevention and intervention activities • Assist 10 individuals in Yakima with information/referral on gang prevention and intervention related services • Continue to inform and educate the Yakima community that they can contact 2-1-1 if they need information about gang prevention and intervention services. • Maintain front-end message on 2-1-1 line that directs interested callers to the Gang Free Information & Referral Specialist for additional information on gang education, prevention and intervention services • Continue development of partnerships with other Gang Free Initiative funded projects • Participate in Gang Free Initiative mcetings/trainings and activities • identify new agencies and organizations that provide gang education, prevention and intervention for inclusion in the 2-1-1 Resource Database • Assist 30 individuals in Yakima with information/referral on gang prevention and intervention related resources • Continue to inform and educate the Yakima community that they can contact 2-1-1 if they need information about gang prevention and intervention services. • Maintain front-end message on 2-1-1 line that directs interested callers to the Gang Free Information & Referral Specialist for additional information on gang People For People -Gang Frcc intuative RFQ N o I 1221-P 7 education, prevention and intervention services ▪ Continue development of partnerships with other Gang Free Initiative funded projects • Participate in Gang Free Initiative meeting,s/trainings and activities • Identify new agencies and organizations that provide gang education, prevention and intervention for inclusion in the 2-1-1 Resource Database ▪ Assist 30 individuals in Yakima with information/referra on gang prevention and intervention related resources Continue to infonn and educate the Yakima community that they can contact 2-1-1 if they need information about gang prevention and intervention services. Maintain front-end message on 2-1-1 line that directs interested callers to the Gang Free Information & Referral Specialist for additional information on gang education, prevention and intervention services • Continue development of partnerships with other Gang Free Initiative funded projects • Participate in Gang Free Initiative meetings/trainings and activities • Identify new agencies and organizations that provide e.ang education, prevention and intervention for inclusion in the 2-1-1 Resource Database m Assist 30 individuals in Yakima with information/referral on gang prevention and intervention related resources 4 Quarter Peoph: For Pcoplc—Gang Fre Initiative RR) No 11221-P Budget vvith Matching Resources Gang Free Yakima Grant Budget Match Resources: United Way of Centra WA °^VVIN21l Ctty of Yakima TOTAL Budge: Wages Benefits Contracts & fees Supplies Telephone Communications Occupancy Officaequipment/rent Travel & training Direct transportation Other expenses Indirect (18%) Total 'People For People will provide uZmlmnutchofthe $9S00funding amount with 0|8,0U8recoiNcdfrom United Way of Central Washington and S9,000 from Washington Information Network 2-1-1 9,000.00 10,000 00 9,500 00 28,500 00 70% FTE 20,384 00 2,558.00 172.00 330 00 87.00 203.00 217 00 481.00 848O 74,00 3,930 00 28,500.00 In conclusion, the proposed activities of the Yakima Gang Free Connections project would meet several best practice strategies identified in the Comprehensive Gang Model, including the "development and implenientation of policies and procedures that resuli in the most effecti'e use of available and potential reuwurcum`milbinanducrnssugencios-uud-linking gang -involved youth and their families to the conventional world and needed merviceu`` (National Gang Center, Office of People For People -Gang Free Initiative 1:1-() No I I221 -P 9 Personnel Inventory Form *To Accompany Bid Proposal* Firm Name: People For People Address: 304 W. Lincoln Ave City: Yakima State: WA Contact: Madelyn Carlson. CEO Phone Number: (509) 248-6726 Zip: 98902 Type of Service Provided: People For People is a non-profit 501 (c) 3 organization committed to serving people throughout Central And South Central Washington State since 1965. We provide transportation services for the general public and special needs population, employment and training services, and 2-1-1 Information Referral Services. We also broker Medicaid transportation services. Are you a certified DBE or WMBE? YES NO X . If yes, what is your certification number? Contractor's Entire Work Force — if you need additional space, photocopy this section and attach it to this form. Occupation Total Lmployed Total Minorities African American Asian or Pacific Islander Native American Hispanic or 1 atm() ApprnUce Trainee M F M J• i NI F M \.,1 F M I `v1 Officers 7 3 3 1 1 0 0 0 1 0 1 1 21 0 0 Professional staff 56 89 15 26 2 1 1 2 11 0 0 Totals. 61 92 18 27 1 1 3 2 2 2 12 22 1 0 0 Goals for minorities and woman employees in the contractor's and subcontractor's workforce are 100/o combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. People For Pcoph Gang Free Inttiatke RFQ No 11221-P 10 E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986. as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5.000). or any other city contract in excess of Two Thousand Five Hundred Dollars ($2.500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. The undersigned den|anas, under penalty of perjury under the laws 01 Washington State that: 1. By submitting this Declaration, | certify that | do not and will not, during the performance of this contract, employ illegal alien w04en;, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986 2. | agree to enroll in E'Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. | agree to use E - Verify for all newly hired employees during the length of the contract. 3. | certify that | am duly authorized to sign this declaration on behalf of my company. 4. | acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that norncompliance could lead to suspension of this contract. Firm Namo:'^(`\'� Dated this Signature: Printed Name: day of\ \+e_ c*v 20 Phone #: 'z(-/| RFQ 11221-P Gang Email Address: • APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts. Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer evc eeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amenciinent, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96), Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S100.000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)( I )-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, CPL.E , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees,that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if (i) 2 I -2-c) 2 Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 17 429 City of Yakima Gang Free Initiative Youth & Family Development Fund Grant Application Yakima Gang Free Connections Project Proposal Submitted by People For People Organization History including Existing Partnerships (Experience) People For People is a 501(c) (3) that has a long history and extensive experience in administering and providing social services to low-income and diverse populations. Established in 1965, People For People's mission is to strengthen the communities we serve by providing resources and opportunities that empower people to lead self-sufficient and enriched lives. To achieve our mission, People For People's Business Plan has the following goals: • Operate programs that achieve customer focused outcomes with fiscal and programmatic accountability • Provide excellent services that empower customers to achieve success and well being • Maintain and develop a loyal and diverse workforce that responds to the needs of our customers Create and sustain effective strategic community partnerships for customer services • Increase community awareness of People For People's versatility and responsiveness People For People is a successful and highly respected community-based organization that employs over 140 staff and operates seven offices throughout Washington State. People For People's Board of Directors is the governing body that sets policy, develops the strategic business plan and establishes the mission, values, and direction for long-term performance with the conservation and expansion of assets. Over the 47 -year period of service, People For People has continued to expand to meet the requested needs of low-income and diverse populations to become self-sufficient. Operating with a $16 million annual budget, the following is a chronological list of programs that People For People currently provides: 1965 Employment and Training Services—Yakima and Kittitas counties People For People provides a wide range of employment and training services for adults under the Workforce Investment Act, Community Jobs, and Dislocated Worker Program as well as special projects designed to provide the training and support for individuals to gain and retain employment. The Workforce Investment Act provides employment and training services for over 200 low-income and underemployed individuals to move towards self-sufficiency through employment. The Community Jobs program assists over 220 Work First parents with service to transition from welfare to employment. In Kittitas County, the Dislocated Worker Program provides service to individuals who have recently lost employment and need assistance in regaining employment. People For People has operated the WorkSource Kittitas since 2001. People For People—Gang Free Initiative RI -Q No 11221-P 1982 Transportation Services—Yakima County With no public transit outside the boundaries of the City of Yakima, People For People began providing responsive transportation for older adults. individuals with disabilities, and individuals with limited incomes. In Yakima County, People For People provides both door- to-door service and fixed route service with over 95.000 trips per year. 1989 Medicaid Brokering Service—Benton, Chelan, Columbia, Douglas, Franklin, Kittitas, Okanogan, Yakima, and Walla Walla counties People For People was selected as one of two pilot projects in the state to assess the feasibility of brokering all Medicaid -related transportation. With the successful demonstration. Washington has a flourishing model that is implemented statewide. People For People continues to broker transportation and interpreter services for Medicaid eligible individuals to access health care services in their communities or specialty care in areas such as Seattle. 2005 Greater Columbia 2-1-1 Eastern Washington (16 counties) Western Washington (2 counties) People For People was identified by United Way as an organization with the infrastructure to support the development of a regional call center for Washington Information Network (WIN) 2-1-1. Greater Columbia 2-1-1, located out of our office in Yakima, provides inforniation and referral services to 18 Washington counties. 2009 Basic Food Outreach—Eastern Washington People For People provides Basic Food Outreach to 19 Eastern Washington counties. People For People provides education, outreach, and assistance to individuals to access the Basic Food benefit. People For People is the lead contractor for Asotin, Benton, Franklin, Columbia, Garfield, Kittitas, Walla Walla, and Yakima counties and subcontracts with Rural Resources Community Action to serve an additional 12 counties in Eastern Washington. 2011 Washington Information Network 211 (WIN 211) Statewide Network People For People was selected to provide overall administration and technology support for Washington Information Network 211 (WIN 211). WIN 211 is a statewide network of seven regional call centers, helping citizens access thousands of local health and human services. 2011 Senior Nutrition Yakima County People For People was selected through a competitive process to provide the Senior Nutrition Program for disadvantaged seniors in Yakima County. People For People provides nutritious meals for home delivery and congregate meal sites. The meals and other nutrition services are provided in a variety of group settings, such as senior centers, as well as in the homes of homebound older adults. 6e1Conn ‘Washington State 2-1-1 Call Center Service Areas V,pren , J:.- Peninsolas ountl ok.nnaa ',AKAN!, iNtlatvse,anagerre.» Unvort Pcople For People—Oang FroInitiative RFQ INo 11221 -P 2012 Seasonal Child Care- Eastern Washington (10 counties) Western Washington (2 counties) The Department of Early Learning, in partnership with DSHS, recently awarded People For People the contract to provide state-wide seasonal child care outreach, education and application assistance to individuals working in seasonal agricultural employment. People For People has been awarded and successfully managed numerous federal, state, local and private financial resources for over 47 years with perfect audit records that have resulted in no disallowed costs. The corporation's financial systems safeguard funds and adhere to all federal and state laws, regulations, and OMB Circulars governing non-profit organizations. Specifically, the financial system complies with the Generally Accepted Accounting Principles (GAAP) and OMB Circular A-133. The financial integrity and accountability of the corporation is verified by annual corporate audits conducted by an independent auditing firm. In addition to the independent audit, People For People's financial systems are monitored and tested tar accuracy and accountability by local, state, and federal monitoring teams. People For People administers more than 40 contracts and consistently demonstrates a fiscally strong corporation with policies and procedures to safeguard the expenditure of public and non-public funds. Total Annual Revenue $16,001,309 by Division Medicaid/ TrJnsportation Broker Trans 53% portation 27 Greaten Columbia 2-1-1 Senor Nutrition 5% Employment& Tra,ning Description of Proposed Services- "Ganz Free Yakima Connections Project" Program/Schedule of Activities The Office of Juvenile Justice and Delinquency Prevention's Comprehensive Gang Model emphasizes that "primary prevention targets the entire population in high -crime and high-risk communities" and that "the key component is a One -Stop Resource Center that makes services accessible and visible to members of the community" (National Gang Center, Office of Juvenile Justice and Delinquency Prevention, 2010, pg.1 1). People For People's Greater Columbia 2-1-1 (GC2-1-1) Information and Referral Call Center is an easily accessible version of a one-stop resource center. In today's high-tech world, people want to access information with the touch of a button. 2-1-1 provides one, easy -to - remember number that connects callers with a trained and certified Information and Referral Specialist who can link them to the services they need. Since 2006, People For People's Greater Columbia 2-1-1 Information and Referral Call Center has provided a pathway to available resources and social services in Central Washington. People in need often report that navigating the health and human services maze can be overwhelming and frustrating. 2-1-1 addresses this barrier by providing up-to-date, accurate information on the services available in our community. These services include housing, food, recreational activities, legal aid, utility assistance, transportation, job training and much more. In addition, GC2-1-1 can provide warm and friendly support to callers in need of help, or who are nearing a crisis in their life. People For People -Gang Free Initiative RFQ No 1 1221-P The goal of Gang Free Yakima Connections is to provide gang prevention and intervention information to concerned callers, including gang -involved youth, their families, service providers and concerned citizens. Trained 1&R Specialists can determine the specific needs of the caller, screen, and refer them to community partners or other agencies for services to meet their need. They can also inform the caller of the eligibility criteria necessary to access that particular service. This eliminates the frustration of an individual going from agency to agency, only to be told that there is no funding or that they aren't eligible. Funding for Gang Free Yakima Connections will allow call center staff the opportunity to not only provide referrals to services, but also to provide in-depth advocacy for gang involved youth, their families and the agencies that are working with them. Advocacy will be provided: • When an inquirer indicates that they have been denied benefits or services to which the GC2-1-1 Information and Referral Specialist believes they are entitled. • When an inquirer is unable to access resources due to a communication barrier, including language, handicap, or diminished capacity. • When they have a complaint about a service and request assistance from an Information and Referral Specialist. • When there is an expressed need for additional assistance during a 2-1-1 follow up with the individual. • Other situations when an inquirer specifically requests Infoiniation and Referral assistance and intervention. In addition, call center staff will provide comprehensive outreach to partner agencies to improve program knowledge, ultimately strengthening the quality of the GC2-1-1 database of local resources. Community outreach strategies will focus on distributing Gang Free Yakima Connections information at community events including school resource fairs, health fairs and clinics, corrections facilities, and parent meetings. Information will be distributed through media outlets including newsletters, radio stations and newspapers. Information will also be communicated directly through the Greater Columbia 2-1-1 call center. Greater Columbia receives approximately 35,000 calls annually from individuals needing assistance throughout the18-county service region. A front-end message will he created to provide a direct connection to an 1 & R Specialist that can link the caller to inforrnation on gang prevention, intervention and support services. Gang Free Yakima Connections project will address several key prevention and intervention components adopted by the Gang Free initiative Advisory Group, including: • Providing access to essential services and linking youth and families to the appropriate service(s) - Outreach Component This will be accomplished by providing access and information through the 2-1-1 call center, W1N211 website and WIN211 smart phone app. The 2-1-1 call center will work in partnership with the Gang Free Initiative Advisory Group to develop and implement a screening and referral process for individuals that seek resources. The 2-1-1 call center will work in partnership with the Gang Free Initiative Advisory Group to develop policies and procedures to affectively connect individuals to appropriate resources. People For Pcople—Gang Free Initiative RR? No 1172I -P 4 The Information and Referral Specialists will screen and refer individuals to appropriate community resources. The 2-1-1 call center currently operates 8:00 a.m. to 5:00 p.m. Monday — Friday, excluding holidays. On behalf of this project, the 2-1-1 call center would extend hours of operation to 6:00 p.m. Providing information that helps the Youth Development Team to gain a better understanding of the issues within the target population — Outreach Component The 2-1-1 phone and database systems are able to track callers by zip code and record the specific need of the caller. GC2-1-1 can create monthly reports to help track the number and type of calls received and the issues that gang -affected individuals call about. Providing assistance to families in distress, ranging from accessing basic services to helping resolve family conflicts — Outreach Component 2-1-1 provides a friendly, caring voice to callers in distress. Information and Referral Specialists are trained to listen with compassion and to assess crisis situations. Callers requiring intensive crisis intervention services can be connected to trained crisis intervention professionals. 2-1-1 can refer families in conflict due to gang issues to the appropriate service identified by the GFI Action Plan. Utilizing modern technological mediums, including social networking, in anti -gang activities Positive Youth Development Programming Component 2-1-1 provides a variety of ways for individuals to access information, including calling via telephone (landline or cellular), accessing resources through our WIN21 1 website and connecting to available services through our smart phone 2-1-1 app Identify opportunities for youth self expression, youth supported suppression activities, and community supported suppression activities— Positive Youth Development Programming Component 2-1-1 can identify the agencies, programs and services that already exist in the City of Yakima and are included in our 2-1-1 resource and referral database. With the support of this grant, 2-1-1 will be able to work on identifying additional resources that will support the mission and principles adopted by the GFI Advisory Group. Service Capacity (Number of Youth/Families to be served) In April of 2010, the City of Yakima launched a gang awareness campaign to reduce gang activity. This campaign included the airing of a one-hour special on local media outlets educating families on how to keep their children out of gangs. The special included a message directing people to contact 2-1-1 for additional information and resources. In the month prior to this special airing. GC2-1-1 received one call under the topic of gangs. In the 4 months after the special aired. GC2-1-1 received 45 calls requesting information on gangs and available resources. Based on this information, we anticipate that with a comprehensive marketing and outreach plan, including PSA's and utilizing other media outlets, GC2-1-1 would screen and refer 60 City of Yakima residents in the first year for gang free information and resources. Staffing The Gang Free Yakima Connections project funding request of $18,500 will enable GC2-1-1 to employ a .90 FTE Gang Free Yakima Connections Information & Referral Specialist and additional People For Peopk—Gang Fre Initiative RFQ No 11221-1' support staff to extend the hours of 2-1-1 service to 6:00 p.m. Individuals will be responsible for ensuring that the 2-1-1 database includes all up-to-date resources available to gang -involved youth, concerned families, and the City of Yakima community as a whole. Through a partnership with other Youth & Family Development Fund grantees, additional resources would be identified or created to meet the needs of gang affected individuals requesting assistance. The Gang Free Yakima Connections Information and Referral Specialist will ensure that all 2-1-1 staff are trained to respond to these requests and are familiar with the resources that are available. They will provide outreach to the City of Yakima community, as outlined in the Proposed Activities section. to educate them about this service available through 2-1-1. Greater Columbia 2-1-1 is an Alliance of Information and Referral Systems (AIRS) accredited call center. AIRS accreditation is the primary quality assurance mechanism for affirming Information & Referral excellence. A required standard for accredited call centers is assuring that at least 50% of call center I & R specialists are certified by AIRS. AIRS certification is a measurement of documented knowledge in the field of 1 & R and reflects specific competencies and related performance criteria. GC2-1-1 currently exceeds this requirement. GC2-1-1 has several English/Spanish bilingual/bicultural Information and Referral Specialists to meet the diverse needs of our callers. In addition, we have access to a Language Line that provides interpretation services for over 170 languages. People For People has been providing services to low-income and diverse populations since 1965. We employ a staff that is reflective of the communities we serve, including many that have accessed People For People services in the past. Intended Outcomes The intended outcome of Gang Free Yakima Connections is to provide a "one-stop shop" for gang education, information and resource and referral to citizens in the City of Yakima. This outcome will be achieved by: • Simplifying the access to resource information by having one, simple phone number; 2-1-1. • Decreasing frustration of not knowing where to turn for assistance with gang involved youth. • Increasing community awareness of where to go for questions or concerns regarding gang activity. • Providing support to agencies. families, and gang involved youth who are looking for resources to improve their situation. By making the process to receive this information easier, the ultimate outcome will be a better educated community that has access to the necessary resources to address gang issues. This will ultimately decrease the number of individuals in the City of Yakima that are involved with gang activity. 1 Year Work Plan 1. Identify current resources and gather additional resources appropriate to support gang involved youth and families. Update 2-1-1 database with additional resources that address gang issues. 2. Extend hours call center hours of operation from 5:00 p.m. to 6:00 p.m. 3. Work in partnership with the Gang Free Initiative Advisory Group to develop and implement a screening and referral process for individuals seeking resources. People For People Gang Free Iniuntive RFQ No 1 1221-P 6 4. Work in partnership with the Gang Free Initiative Advisory Group to develop policies and procedures to affectively connect individuals to appropriate resources and measure outcomes. 5. Put up -front message on 2-1-1 line that directs callers who are calling for additional information and resources for gang involved youth. 6. Train 2-1-1 Information and Referral Specialists about unique needs of people calling to get information to support Gang Free Yakima. 7. In conjunction with other GFI grantees, develop marketing materials to disseminate at meetings and community events that inform the community that 2-1-1 provides information and support regarding gangs and gang involved youth, 1 Year Work Plan by Quarter Date Objective l' Quarter • Train staff on Gang Free Yakima Connections project mission and goals • Work in partnership with GFT Advisory Group to develop and implement a screening tool. Work in partnership with GFI Advisor.); Group to develop the screening and referral process • Work in partnership with GFI Advisory Group to develop policies and procedures for referral to resources Work in partnership with GFI Advisory Group to develop the matrix for measurement outcomes • Inform and educate the Yakima community- that they can contact 2-1-1 if they need information about gang prevention and intervention services. This will be done in partnership with the Gang Free Initiative marketing plan and should include marketing materials and Public Service Announcements • Place front-end message on 2-1-1 line that directs interested callers to the Gang Free Information & Referral Specialist for additional information on gang education, prevention and intervention services • Develop partnerships with other Gang Free Initiative funded projects Participate in Gang Free Initiative meetings/trainings and activities • Develop list of existing agencies, programs and services in the 2-1-1 Resource Database that support gang prevention and intervention activities • Provide monthly statistical and narrative reports • Assist 5 individuals in Yakima with information/referral on gang prevention and intervention related services People For People—Gang Free Initiative RFQ No 11221-P 7 Continue to work in partnership with GFI Advisory Group to evaluate and refine policies and procedures • Provide monthly statistical and narrative reports • Continue to inform and educate the Yakima community that they can contact 2-1-1 if they need information about gang prevention and intervention services. • Maintain front-end message on 2-1-1 line that directs interested callers to the Gang Free Information & Referral Specialist for additional information on gang education, prevention and intervention services Continue development of partnerships with other Gang Free Initiative funded projects • Participate in Gang Free Initiative meetings/trainings and activities Identify new agencies and organizations that provide gang education, prevention and intervention for inclusion in the 2-1-1 Resource Database Assist 15 individuals in Yakima with information/referral on .revention and intervention related resources Continue to work in partnership with GFI Advisory Group to evaluate and refine policies and procedures • Provide monthly statistical and narrative reports • Continue to infotin and educate the Yakima community that they can contact 2-1-1 if they need information about gang prevention and intervention services. • Maintain front-end message on 2-1-1 line that directs interested callers to the Gang Free Information & Referral Specialist for additional information on gang education, prevention and intervention services Continue development of partnerships with other Gang Free Initiative funded projects • Participate in Gang Free Initiative tneetings/trainings and activities • Identify new agencies and organizations that provide gang education, prevention and inter\ ention for inclusion in the 2-1-1 Resource Database • Assist 20 individuals in Yakima with information/referral on gang prevention and intervention related resources 4LEI Quarter • Continue to work in partnership with GFI Advisory Group to evaluate and refine policies and procedures Provide monthly statistical and narrative reports • Continue to inform and educate the Yakima community that they can contact 2-1-1 if they need information about gang prevention and intervention services. • Maintain front-end message on 2-1-1 line that directs interested callers to the Gang Free Information & People For Pc.ople—Gang Free Enitiative RFQ \o. 1122I -P Referral Specialist for additional information on gang education, prevention and intervention services • Continue development of partnerships with other Gang Free Initiative funded projects • Participate in Gang Free InitiatiNe meetings/trainings and activities • Identify new agencies and organizations that provide gang education, prevention and intervention for inclusion in the 2-1-1 Resource Database Assist 20 individuals in Yakima with information/referral on gang revenhion and intervention related resources People For People—Gang Free Initiative 1212Q No 1 1221-P 9 Budget ith Matching Resources Gang Free Yakima Grant Budget Match Resources: **United Way of Central WA **WIN211 City of Yakima TOTAL Budget: Wages Benefits Contracts & fees Supplies Telephone Communications Occupancy Office equipment/rent Travel & training Direct transportation Other expenses Administration, Supervision, & Oversight Total 9,000.00 15,000.00 18,500.00 28,500.00 90% FTE 28,105.00 4,023.00 342.00 664 00 181.00 402.00 442.00 550 00 141.00 7,650.00 42,500.00 "People For People will provide matching funds of S24,000 In conclusion, the proposed activities of the Yakima Gang Free Connections project would meet several best practice strategies identified in the Comprehensive Gang Model, including the "del,elopment and implementation of policies and procedures that result in the most effective use of available and potential resources, within and across agencies" and "linking gang -involved youth and their families to the conventional world and needed services" (National Gang Center, Office of Juvenile Justice and Delinquency Prevention, 2010, pg. 2). On behalf of People For People we are submitting, the revised Yakima Gang Free Connections Project Proposal. Sincerely, 1 , / Madelyn Carlson, CEO People For People /1 People For People—Gang Fret Initiative RFQ No 11221-1' 10 Personnel Inventory Form *To Accompany Bid Proposal* Firm Name: People For People Address: 304 W. Lincoln Ave City: Yakima State: WA Contact: Madelyn Carlson, CEO Phone Number: (509) 248-6726 Zip: 98902 Type of Service Provided: People For People is a non-profit 501 (c) 3 organization committed to serving people throughout Central And South Central Washington State since 1965. We provide transportation services for the general public and special needs population, employment and training services, and 2-1-1 Information Referral Services. We also broker Medicaid transportation services. Are you a certified DBE or WMBE? YES NO_X_. If yes, what is your certification number? # Contractor's Entire Work Force — if you need additional space, photocopy this section and attach it to this form. Occupalion Total Limp oyed Total Minoritics Al 'can American Asian or Pacific. Islander Natii,e American Hispanic or Latino Aprentice Train - M F M F M I: iM F M F M 1' 7 3 3 1 1 0 0 0 1 0 1 1 0 0 56 89 15 26 0 3 -) 1 2 11 21 0 0 Totals 61 92 18 27 1 1 3 2 2 2 12 22 0 0 Goals for minorities and woman employees in the contractor's and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay offemployees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. People For People InitiativeRFQ No 11221-P 11 GANG FREE INITIATIVE IMPLEMENTATION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AN D UNION GOSPEL MISSION OF YAKIMA This AGREEMENT is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation, located at 129 North 2nd Street, Yakima, WA 98901 (hereinafter referred to as CITY), and UNION GOSPEL MISSION OF YAKIMA, a non-profit corporation, located at 1300 North 1st Street, Yakima, WA 98903 (hereinafter referred to as CONTRACTOR). WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Pian; and WHEREAS, the City of Yakima at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI; and WHEREAS, UNION GOSPEL MISSION OF YAKIMA, a Washington State non- profit corporation, experienced in Youth and Family Development Programming, has proposed to offer a tutoring incentive program; and WHEREAS, UNION GOSPEL MISION OF YAKIMA has the desired qualification to provide these services; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and UNION GOSPEL MISSION OF YAKIMA as follows: 1. Scope of Services. The CONTRACTOR agrees to perform these services and work for the CITY in accordance with and as described in the following: A. RFP documents No. 11221, attached hereto and incorporated herein by this reference; and B. Contractor Proposal submitted in response to RFP No.11221, and dated September 20, 2012, attached hereto and incorporated herein by this reference; and C. Addendum #1 to Contractor Proposal, "Negotiated Scope of Work for City of Yakima", attached hereto and incorporated herein by this reference. D. Communication: Regularly communicate with the City of Yakima's Gang Free Initiative (GFI) Director to assure mutual understanding of the work to be performed and the satisfactory completion thereof. GFI Service Provider Contract/ Union Gospel Mission/ Page 1 E. Background Screening for Contractor and associates: CONTRACTOR shall submit a current list of names, and assignments of all employees and volunteers who will perform work under this Agreement. Prior to each employee and/or volunteer performing work under this Agreement, the CONTRACTOR employee or volunteer must complete and pass a criminal background check. All CONTRACTOR personnel shall pass a Washington Access to Criminal History (WATCH) background check offered by the State Patrol. There will be no exceptions and no substitutions of personnel without prior approved background clearance checks. Background checks will be conducted by the CONTRACTOR, at no cost to the City. Background checks from other sources are not acceptable. Background checks must be provided to the City. 1. Current City employees who have previously undergone a City background check shall not be required to be re -checked. 2. All CONTRACTOR and sub -contractor employees working on this Agreement must be clear of any sexual and drug related convictions. All CONTRACTOR and sub -contractor employees shall be free from any felony convictions. 3. Throughout the life of the Agreement, the City reserves the right to request updated background checks or to have them completed again. F. Changes in Personnel. Changes in the employment and volunteer list shall be reported to Magallan Consultancy GFI Coordinator (509-469- 0591), no less than five (5) business days before the requested changes are to become effective. G. Marketing Materials. CONTRACTOR shall ensure that all marketing materials and announcements for the project are co -branded with the City of Yakima as a partner in the project, and official logos of the City of Yakima shall be used to represent the city in said materials. These materials include, but are not limited to: program brochures, agency reports, print advertisements, posters, internet/website portals, radio and television public service announcements, shirts, hats, etc. 2. Term of Agreement. The term of this agreement shall begin upon execution by both parties and shall terminate upon the completion of all services required hereunder by the CONTRACTOR, but no later than December 31, 2013 unless terminated earlier by the CITY in accordance with Section 11 of this Agreement, or in the event of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.). 3. Consideration. As consideration for the services performed under this Agreement, the CITY agrees to compensate the CONTRACTOR in accord with the following terms: GFI Service Provider Contract/ Union Gospel Mission/ Page 2 A. In consideration for the performance by the CONTRACTOR in accordance with this Agreement the CITY agrees to pay an amount not to exceed eleven thousand five hundred dollars ($11,500.00) to the CONTRACTOR for the work, as set forth in the RFP documents, at the time and manner upon fulfillment of the conditions provided. The amount shall not exceed the said amount without written prior approval from the CITY. B. The CONTRACTOR shall invoice CITY monthly for services performed under this Agreement. The CONTRACTOR shall submit a monthly invoice no later than the 20th day of the month following the month in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month. The amount of the invoice shall be for one -twelfth of the annual Agreement Amount for the current Agreement year. Invoices shall be sent to: MagaIlan Consultancy LLC, ATTN: City of Yakima GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901. The GFI Director is obligated to promptly review invoices and submit to the City. The CITY will reimburse the CONTRACTOR within thirty (30) days of receipt of a valid invoice for the amount of payment due. CITY shall return any invalid or incomplete invoice to the CONTRACTOR within thirty (30) days after CITY receives the invoice. An explanation will accompany the invoice that states the reason for return and any information needed to correct the invoice. Final invoices for services provided under this agreement shall be submitted by the CONTRACTOR no later than ninety (90) days following the termination of the agreement. 4. Independent CONTRACTOR A. No agency, employment, joint venture or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this agreement. Inasmuch as CITY is interested in the CONTRACTOR's end product, CITY does not control the manner in which the CONTRACTOR performs this agreement. CITY is not liable for workers' compensation or unemployment compensation payments required by the State of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities that result from compensation paid to the CONTRACTOR by CITY. CITY will report any payment made under this agreement to the Internal Revenue Service on Form 1099. B. No provision contained in this agreement shall be construed as entitling the CONTRACTOR to participate in hospital plans, medical plans, sick leave benefits, vacation, and other benefits available to employees of CITY. C. The CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to conduct business in Washington have been obtained and are GFI Service Provider Contract/ Union Gospel Mission/ Page 3 operative. If at any time during the agreement period the CONTRACTOR becomes disqualified from conducting business in Washington, for whatever reason, the CONTRACTOR shall immediately notify CITY of the disqualification. D. The CONTRACTOR shall neither perform work nor submit an invoice for payment for work performed under this agreement for any time period after the termination date set forth in Section 2, above. E. The CONTRACTOR shall furnish its own support staff, materials, equipment and services as necessary for the satisfactory performance of the work described in Section 1, above. Unless otherwise specified in this agreement, CITY will not provide any other staff, services, or material to the CONTRACTOR for the purpose of assisting the CONTRACTOR in the performance of this agreement. 5. Location The Yakima Gang Free Initiative Youth and Family Development Center will be located in the Miller Park Activity Center at 604 North Fourth Street, Yakima, Washington. The CITY has contracted with the Yakima Police Athletic League (YPAL) to manage, operate, and maintain the Miller Park Activity Center consistent with City policies. 6. Hold Harmless A. CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of CONTRACTOR, its elected and appointed officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of CITY, its elected and appointed officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. C. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. GFI Service Provider Contract/ Union Gospel Mission/ Page 4 7. Insurance At all times during performance of the Services, CONTRACTOR shall secure and maintain in effect insurance to protect the CITY and the CONTRACTOR from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. CONTRACTOR shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. A. General Liability Insurance. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. B. Automobile Liability Insurance. B. If CONTRACTOR owns any vehicles, before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of automobile liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. If CONTRACTOR does not own any vehicles, only "Non-owned and Hired Automobile Liability" will be required and may added to the liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance". C. Professional Liability Coverage. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. 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. Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the CONTRACTOR will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to theeffect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this Agreement. D. Under all situations described in this Section the required certificate of insurance shall: GFI Service Provider Contract/ Union Gospel Mission/ Page 5 Clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect; and ii. Said policy shall be in effect for the duration of this Agreement; and iii. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds; and iv. Shall contain a clause that the CONTRACTOR will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent); and v. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 8. Conflict of Interest and Ethics Laws A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR has interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities under this agreement. B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR shall, prior to the completion of such work and payment for such work, acquire any interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of such work. C. The CONTRACTOR shall not promise or give to any CITY employee anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties. The CONTRACTOR shall not solicit a CITY employee to violate any CITY rule or policy relating to the conduct of contracting parties. D. Nondiscrimination. During the performance of the Agreement, the CONTRACTOR shall not discriminate in violation of any applicable federal state, and/or local law or regulation on the basis of age, sex, race, creed, religion, color, GFI Service Provider Contract/ Union Gospel Mission/ Page 6 national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. 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. E. The Americans with Disabilities Act. CONTRACTOR shall 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 with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. F. Compliance with Laws. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement. G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The CONTRACTOR shall immediately notify the CITY if during the term of the agreement it becomes debarred. In the event of such debarment, the CITY may immediately terminate this Agreement by giving written notice to CONTRACTOR. 9. Records, Documents, and Information. All records, documents, writings or other information produced or used by the CONTRACTOR in the performance of this agreement shall be treated according to the following terms: A. The CITY is required by law to comply with the Washington State Public Records Act (PRA). All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the CITY. B. All CITY information which, under the laws of the State of Washington, is classified as public or private, will be treated as such by the CONTRACTOR. Where there is a question as to whether information is public or private, CITY shall make the final determination. The CONTRACTOR shall not use any information, systems, or records made available to it for any purpose other than to fulfill the agreement duties specified herein. The CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of CITY and the State of Washington. The terms of this section shall be included in any subcontracts executed by the CONTRACTOR for work under this agreement. GFI Service Provider Contract/ Union Gospel Mission/ Page 7 C. All proprietary information of the CONTRACTOR shall be held to be strictly confidential by CITY. Proprietary information is information which, if made public, would put the CONTRACTOR at a disadvantage in the market place and trade of which the CONTRACTOR is a part. The CONTRACTOR is responsible for notifying CITY of the nature of the information prior to its release to CITY. CITY reserves the right to require reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any information to be provided. D. All records relating to costs, work performed and supporting documentation for invoices submitted to CITY by the CONTRACTOR shall be retained and made available by the CONTRACTOR for audit by the State of Washington (including but not limited to CITY, the Auditor of the State of Washington, the Inspector General or duly authorized law enforcement officials) and agencies of the United States government for a minimum of three years after payment for work performed under this agreement. If an audit, litigation, or other action is initiated during this time period, the CONTRACTOR shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later. 10. Rights in Deliverables, Data and Copyrights. The Deliverables provided by the CONTRACTOR under Section 1 and any item produced under this agreement, including any documents, data, photographs and negatives, electronic reports, records, software, source code, or other media, shall become the property of CITY which shall have an unrestricted right to reproduce, distribute, modify, maintain, and use the Deliverables. The CONTRACTOR shall not obtain copyright, patent, or other proprietary protection for the Deliverables. The CONTRACTOR shall not include in any Deliverable any copyrighted matter, unless the copyright owner gives prior written approval to use such copyrighted matter. 11. Suspension and Termination A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of termination, terminate this Agreement as to all or any portion of the Services not then performed, whether or not CONTRACTOR is in breach or default, and with or without cause. Upon receipt of any such notice of termination, the CONTRACTOR shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. CONTRACTOR shall have the same termination rights as the City as specified in Section 11. B. In the event of termination pursuant to section 11A, the CONTRACTOR, shall take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report, as of the date of receipt of notice of suspension or termination describing the status of all work under this agreement, including without limitation, results accomplished, conclusions resulting therefrom, and such other matters as CITY may require. GFI Service Provider Contract/ Union Gospel Mission/ Page 8 In the event of suspension or termination under this Article, the CONTRACTOR shall be entitled to compensation, upon submission of a proper invoice, for the work performed prior to receipt of notice of termination or suspension, which shall be calculated by CITY based on the rate set forth in Section 3. CITY shall not be liable for any further claims, and the claims submitted by the CONTRACTOR shall not exceed the total amount of compensation allowed by this agreement. C. If the City purports to terminate or cancel all or any part of this Agreement for CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default which would permit termination or cancellation, such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 11A and the rights of the parties shall be determined accordingly. 12. Breach or Default A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of this Agreement, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONTRACTOR shall be decided by the CITY'S Agreement Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Agreement Representative shall be final and conclusive, subject to the CONTRACTOR'S right to seek judicial relief pursuant to this Section. B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations or duties embodied in this agreement, CITY may exercise all administrative, contractual, equitable or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of subsequent occurrences, and CITY retains the right to exercise all remedies hereinabove mentioned. C. If CITY or the CONTRACTOR fails to perform an obligation or obligations under this agreement and thereafter such failure is waived by the other party, such waiver shall be limited to the particular failure so waived and shall not be deemed to waive other failures hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the CITY contract manager. D. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA, Washington. 13. Amendments This writing constitutes the entire agreement between the parties with respect to all matters herein. This agreement may be amended only by a writing signed by both parties. However, it is agreed by the parties that any amendments to laws or regulations cited herein will result in the correlative modification of this GFI Service Provider Contract/ Union Gospel Mission/ Page 9 agreement, without the necessity for executing written amendments. Any written amendments to this agreement shall be prospective in nature. When a new or different term or condition is added, additional consideration is not necessary to bind the parties. 14. Assignment The CONTRACTOR shall not assign any interest (including subcontracts) in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of CITY. Any such assignments or subcontracts shall be submitted for CITY's review ninety (90) days prior to the desired effective date. Approval by CITY shall not be deemed to increase in any manner the total compensation provided for in this agreement. 15. Drug Free Workplace The CONTRACTOR shall comply with all applicable state and federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR shall make a good faith effort to ensure that all employees of the CONTRACTOR do not purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription drugs in any way while working on state, county, or municipal property. 16. Construction This agreement shall be governed, construed and enforced in accordance with the laws of the State of Washington. Should any portion of this agreement be found unenforceable by operation of statute or by administrative or judicial decision, the enforceability of the balance of this agreement shall not be affected thereby, provided that the absence of the unenforceable provision does not render the performance of the remainder of the agreement impossible. 17. Written Notices All written notices required by this Agreement shall be in writing and deemed received if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage pre -paid, to the addresses set forth hereunder or to such other addresses designated in writing by any of the parties in accordance with this provision. In case of CITY, to: Anthony O'Rourke City Manager 129 North Second Street Yakima, WA 98901 In case of CONTRACTOR, to: Rick Phillips Executive Director 1300 North 1st Street Yakima, WA 98903 GFI Service Provider Contract/ Union Gospel Mission/ Page 10 18. 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. IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. CITY Anthon City CONTACTOR O'Rourke Rick P lips ager n Exe1 a Direct �1 / S.! Date: l kDate: P/347,4(c9N. CITY CONTRAC r NO: )/g - /1/ RESOLUTION NO: /2 -J 40 0 GFI Service Provider Contract/ Union Gospel Mission/ Page 11 ADDENDUM #1 UNION GOSPEL MISSION OF YAKIMA NEGOTIATED SCOPE OF WORK Programming Objective: Positive Youth Development: Tutoring Incentive Program The Madison House Tutoring Incentive Program will provide opportunities for youth to receive after-school homework help, tutoring, and other education based programs to see the world beyond their circumstances. Objective 1: Provide academic tutoring services at Madison House with a capacity to serve 10 GFI project youth a minimum of 3 tutoring sessions per week. Tutoring session must be no less than 30 minutes and no more than 50 minutes in length. Deliverable(s): 120 tutoring sessions, Monthly Tutoring Reports. Target Date: MTR due by the 15th following the end of each month. Outputs: 3,600 tutoring hours through October 31, 2013. Objective 2: Provide targeted tutoring services to a minimum of 50 youth at risk of or involved in gangs. Deliverable(s): Monthly Tutoring Report Target Date: MTR due by the 15th following the end of each month. Outputs: 50 unduplicated tutees by October 31, 2013. GFI Service Provider Contract/ Union Gospel Mission/ Page 12 UnioGMY4 Non Profit Insurance -Program- CERTIFICATE QF INSURANCE. Issue Date: 01/02/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT BETWEEN THEISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT- '%If'the certificate holder, is an ADDITIONALINSURED; the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms avid conditions of the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate:holder in lieu of such endorsem'ent(s) PRODUCER COMPANIES AFFORDING COVERAGE Canfield 451 Diamond Drive Ephrat. ' :: GENERAL LIABILITY American Alternative Insurance Corporation AUTOMOBILE LIABILITY American Alternative Insurance Corporation PROPERTY American Alternative Insurance Corporation MISCELLANEOUS PROFESSIONAL LIABILITY SURED Union Gospel Mission of Yakima PO Box 565 Yakima, WA 98907 AUTOMOBILE LIABILITY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY:NUMBER POLICY.EFF POLICY.,EXP DESCRIPTION: DATE. DATE' LIMITS. GENERAL LIABILITY i COMMERCIAL GENERAL LIABILITY ,N1,-A2-RL=0000013-04 .,06/01/2012 06/01/2013. PER.00CURRENCE OCCURRENCE FORM PER MEMBER AGGREGATE _ INCLUDES STOP GAP PRODUCT-COMP/OP PERSONAL & ADV INJURY (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $5,000,000 $10,000,000 $5,000,000 $5,000,000 $50,000,000 AUTOMOBILE LIABILITY ANY AUTO N1 -A2 -RL -0000013-04 06/01/2012 06/01/2013 COMBINED SINGLE LIMIT (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE $5,000,000 NONE PROPERTY N1 -A2 -RL -0000013-04 06/01/2012 06/01/2013 ALL RISK PER OCC EXCL EQ & FL EARTHQUAKE PER OCC FLOOD PER OCC n (PROPERTY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 EXCLUDED EXCLUDED NONE MISCELLANEOUS PROFESSIONAL LIABILITY 06/01/2012 06/01/2013 PER CLAIM (LIABILITY IS SUBJECT TO A SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE DESCRIPTION OF OPERATIIONS , _ ...... : SPECIALITEMS Regarding contract be en Madison House-and-Cityof Yakima. Ci f Yakima, its elected officials, officers, agents, employees and volunteers are named as.1clitional Insured regardin ' ntract only and are subject to policy terms, conditions and exclusions. $5,000,000 Miscellaneous Professional Liability coverage is included in the policy Additional Insured endorsement is attached. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CERTIFICATE HOLDER . AUTHORIZED REPRESENTATIVE City of Yakima 129 Second Street Yakima, WA 98901 i .% 2684686 POLICY NUMBER. N1 -A2 -RL -0000013-04 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: SCHEDULE COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) City of Yakima 129 N Second Street Yakima, WA 98901 Its Elected Officials, Officers, Agents, Employees, and Volunteers Information re.uired to com.lete this Schedule, if not shown above, will be shown in the Declarations Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations, or B. In connection with your premises owned by or rented to you CG 20 26 07 04 2684687 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ CONTRACT AMENDMENT NO. 1 PROJECT: City of Yakima RFP No. 11221-P DESCRIPTION: Youth & Family Development Programming VENDOR:. Union Gospel Mission of Yakima THIS CONTRACT AMENDMENT NO. 1, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter "City") and Union Gospel Mission (hereinafter "Contractor"). WHEREAS, City and Union Gospel Mission executed a "Contract" on December 13, 2012, providing for positive youth development, outreach and assessment programs for the City pursuant to the above -referenced RFP; and WHEREAS, Section 13 of the Contract authorizes the parties to amend the Contract in accordance with the procedures stated therein; and WHEREAS, both parties have agreed to a change the invoicing terms and it is in their mutual interest to modify them from the original contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor to change the invoicing as follows: B. The CONTRACTOR shall invoice CITY monthly quarterlyy in arrears for services performed under this Contract. The CONTRACTOR shall submit a m quarterly invoice no later than the 20th day of the month following the month quarter in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month quarter. The amount of the invoice shall be fore :.- • one-fourth of the annual Contract Amount for the current Contra CITY YAKIMA A Ton anager ACCEPTANCE: 41 3 Date Rick Phillips, Executie Director Dte CITY CONTRAC f_0Ic 4 1 RESOLUTION NO: / l U Contract amendment #1 for 11221-P 1 CITY OF YAKIMA Request for Qualifications No. 11221-P To Provide Yakima Gang Free Initiative Youth & Family Development Programming September 6, 2012 RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 1 of 29 Notice to Proposers Request for Qualifications (RFQ) No. 11221-P Notice is hereby given by the undersigned that sealed Requests for Qualifications will be accepted in the office of Yakima City Purchasing, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 2:00 PM, September 21, 2012. At such time, all Respondents names will be publicly read and proposals received will be opened and accepted for consideration for: Yakima Gang Free Initiative Youth & Family Development Programming The City of Yakima has set aside up to $140,000 for professional services and reimbursable expenses for Youth & Family Development programming. The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide gang prevention and intervention services as specified in the RFQ Scope of Work. This RFQ is being funded in part by the "Yakima County Youth Services" Federal Grant and "Yakima County Gang Resistance & Intervention Project" Federal Grant. It is the policy of the City of Yakima that women and minority business enterprises shall have the maximum opportunity to participate in the performance of work relating to the City's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance with state and federal rules and regulations to ensure women and minority business enterprises the maximum opportunity to compete for and to perform contracts. Request for Qualification Packets are available in the office of the Purchasing Manager, City Hall, 129 N 2nd Street, Yakima, Washington, 98901. 509-575-6093. Packets are also available on the City's Purchasing Webpage at www.ci.yakima.wa.us. The City of Yakima reserves the right to reject any and all RFQ's. Dated this 6th day of September, 2012. (Seal) Colleen Bailey, CPPB Purchasing Buyer II Publish on: September 6th and 7th RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 2 of 29 CITY OF YAKIMA REQUEST FOR QUALIFICATIONS NO. 11221-P Yakima Gang Free Initiative — Youth & Family Development Programming This Request for Qualifications (RFQ) invites responses from applicants interested in providing Youth & Family Development Programming for the Yakima Gang Free Initiative (GFI). 1. PURPOSE: The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide services as specified in the RFQ scope of work. 2. DEFINITIONS: A. City The City of Yakima, Washington, and its departments. B. Applicant The person or firm submitting the proposal. C. RFQ The Request for Qualification, including any amendments or other addenda hereto. In case of conflict between the RFQ and exhibits, the RFQ governs. D. Selection Committee The RFQ Selection Committee is comprised of the RFQ Coordinator, City Council Public Safety Committee, City staff and GFI Advisory Group. Committee will not exceed 7 people. E. Qualification Packet/ProposalThe materials submitted by each Applicant in response to the RFQ, including all attachments. 3. RFQ ADMINISTRATION: Upon release of this RFQ, all applicant communication should be directed in writing to the RFQ Coordinator listed below. Any oral communications with other City employees will be considered unofficial and non-binding on the City. 4. RFQ COORDINATOR: The RFQ Coordinator is: Colleen Bailey, Purchasing Buyer II City of Yakima 129 No. 2nd Street Yakima, WA 98901 Ph: 509-576-6787 Email: colleen.bailey@yakimawa.gov 5. PRELIMINARY RFQ SCHEDULE (may be revised as needed): Date RFQ Released 09/06/2012 Qualification Packets Due 09/21/2012 at 2:00 P.M. Interviews TBD Faxing or mailing of letters to successful applicant TBD Contract Negotiations TBD Award of Contract by City Council TBD Proposed Start Date TBD RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 3 of 29 6. A BRIEF DESCRIPTION OF THE GANG FREE INITIATIVE: The City of Yakima GFI is based on the five principles of the Office of Juvenile Justice and Delinquency Prevention's Comprehensive Gang Model. This model and other "Best Practices" are being used by communities across the country to effectively address gang crime and violence. The mission of the Yakima Gang Free Initiative is to engage the community to develop suppression, prevention and intervention strategies that support and promote positive youth development. The City of Yakima has appointed an advisory group for implementation of the GFI Action Plan. The City of Yakima Community Action Plan for the Prevention, Intervention, and Suppression of Gangs (The Plan) represents the recommendations of the GFI Advisory Group to the City of Yakima for addressing the gang issue (can be viewed at http://www.yakimawa.gov/services/purchasing/openings/). Unlike other plans, it emphasizes prevention and intervention strategies at the neighborhood level and positions the City of Yakima together with community partners in a researched based, data driven, and outcome focused effort over the next 3 to 5 years. Four central assumptions frame the overall architecture to the Committee's recommended strategy. The City of Yakima and its partners endeavor to: A. Facilitate total community involvement through strategic guidance and leadership. B. Prevent the growth of gang activity and violence in Yakima through multidimensional collaborative efforts. C. Pursue necessary funding through collaborative efforts. D. Restore Yakima neighborhoods by reducing gang violence and problem activity throughout the City. While key findings are outlined in the Introduction to this Plan, the Advisory Group's Community Action Plan is based on the following fundamental constructs: E. A multidimensional anti -gang strategy should target youth between the ages 11-20 who exhibit high-risk behaviors and gang involvement. F. Young people who would move up the ladder of gang membership and activity are those who commit intentional acts of violence or are arrested for gang related incidents. G. The impact of gang members' actions not only adversely affects their parents, siblings, and other family members but the whole community—including the victims of gang violence who must deal with the horror of losing a loved one and the agony of having to deal with a variety of agencies to get restitution and support. H. No single program will fix the gang problems in our community. I. Strong public leadership by the City Council, City Manager and Chief of Police is essential. J. A coordinated and organized effort among all City departments, other government and community agencies is required to see results that integrate prevention, intervention, and suppression. K. To be effective, all programs and services focused on gang prevention and intervention must be culturally competent, linguistically sensitive, and accessible to the entire community. These constructs must be evident in the partnership agreements entered into by collaborating entities with the City of Yakima. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 4 of 29 This action plan targets the greater City of Yakima with special emphasis on "hubs" of gang activity in three neighborhoods—Northeast, North Central, and Southeast. In addition the Committee has established the following goals: 1) Establish the OJJDP Comprehensive Gang Model as the operating system, and 2) Reduce youth crime, violence, delinquency and academic failure through the prevention, intervention and suppression of youth gangs. Focusing on the goals stated above, the Advisory Group recommends to the City of Yakima the following five strategic objectives: Objective 1: Establish an effective coordinated collaboration process to impact gang activity citywide. Objective 2: Develop joint partnerships to help address the gang issues within the City of Yakima. Objective 3: Establish a data and research analysis process to keep the City Council, City Manager and GFI Committee aware of gang trends and anti -gang research on an ongoing basis. Objective 4: Based on existing funding, build capacity in existing, effective and promising gang prevention and intervention programs/strategies on a neighborhood basis. Objective 5: Develop a sustainable funding strategy for the Community Action Plan. 7. DEADLINE FOR DELIVERY OF QUALIFICATION PACKETS/PROPOSALS: One original Qualification Packet/Proposal with six (6) complete copies and one (1) complete copy on disc (CD), to be submitted to and date stamped by the City Purchasing Office: City of Yakima Purchasing Office 129 No. 2nd St. Yakima, WA 98901 Qualification Packets/Proposals must be received and stamped in by 2:00 p.m. on September 21, 2012, in a sealed package labeled RFQ No. 11221-P Yakima Gang Free Initiative - Youth & Family Development Programming, with the date and time of proposal opening written on the face of it. If you plan on attending the proposal opening, DO NOT BRING YOUR PROPOSAL WITH YOU INTO THE OPENING ROOM. It must be received and date stamped by the Purchasing Office. FAXED OR E-MAILED PACKETS WILL NOT BE ACCEPTED. QUALIFICATION PACKETS RECEIVED AFTER 2:00 P.M. PST, September 21, 2012 WILL NOT BE ELIGIBLE FOR CONSIDERATION. THE DEADLINE WILL BE STRICTLY ADHERED TO. LATE PROPOSALS WILL NOT BE CONSIDERED. Qualification Packets, which do not include all requested information and required documentation, may be considered non-responsive. 8. CONTRACT PERIOD: Projects will be funded for one 12 -month contract period, October 1, 2012 – September 30, 2013 (may be revised as needed). Non-competitive continuation requests will be considered up to five years depending on performance and availability of funds. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 5 of 29 9. PROPOSED SCOPE OF SERVICES: The City Administration and the City Council will prioritize funding of existing, effective, promising programs that establish targets for outcomes and outputs in a coordinated and collaborative manner with the City's funding source, i.e. Parks and Recreation, Police Department or private foundations. In addition, the City will enter into collaborative funding ventures only in instances where the partner has provided assurances regarding the use of evidence based programs and adherence with the core operating principles adopted by the GFI Advisory Group. Applicants may submit qualifications for one or more of the following prevention and intervention service components: A. Outreach The primary focus of the outreach services is to build an ongoing and pro -social relationship with youth and families while linking them to appropriate services. Targeted outreach should focus on core gang involved youth, with special capacity to connect pre -adjudication and in the local community setting. Outreach activities should be carefully integrated with existing and new prevention services not to become a primary focus, but rather as a means to build relationships with clients and provide access to essential resources and services. Outreach should describe a method for providing information that helps the Youth Development Team gain a better understanding of the issues within the target population and in the target area so that team interactions with gang members will be more informed. The GFI Advisory Group recommends that outreach be conducted in a manner that includes the following routine activities: 1) Identify youths' needs and goals to help the team develop a more comprehensive intervention plan. 2) Coach and provide role models for each youth. 3) Coordinate appropriate crisis responses to project clients following episodes of violence in the community. 4) Provide assistance to families in distress, ranging from accessing basic services to helping resolve family conflicts. 5) Visit clients who are incarcerated and helping to reconnect them to services when they are released from custody. 6) Resolve conflicts and/or mediating between clients, their families, other youth, and/or agencies. 7) Act as a liaison between project clients and service providers/schools to facilitate client access to services. 8) Work with clients who are seeking employment, from helping these youth develop resumes, to identifying their skills and qualifications, to helping them apply for jobs or work with workforce services programs. 9) Conduct gang awareness presentations in schools. B. Referral & Screening The GFI Advisory Group recommends that a referral and screening mechanism be established. Referral is an informal, ongoing process for reviewing information related to youth who show signs of being at risk of gang involvement or have been determined to be gang involved. The referral process should integrate with the Youth Development Team review of screening and other information on targeted youth, and the Youth Development Teams decision about whether to add the youth to the caseload. Screening or "Triage" is a brief assessment of the youth's current status to determine individual and family priorities. It is important that team members create a protocol for screening and assessing new clients. Outreach workers present information about prospective youth to the Youth Development RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 6 of 29 Team, outlining how each youth meets the screening criteria. The team members can then come to consensus about whether a youth is suitable for case management. A screening team including outreach workers and members of the Youth Development Team should meet regularly to review the referral materials that have come in. The screening process may indicate the need to refer the youth to crisis services. Upon gathering all information and determining eligibility based on the established criteria, the screening team will make a determination. They will also take into consideration the ability of the program to serve the family based on current caseloads. A waiting list could be created in the future if we reach capacity. C. Individual Needs Assessments Proposal should describe an individual needs assessment instrument either in existence or to be developed that will ascertain the status of each client when he/she is accepted into the project. Needs Assessment services should be appropriate for diagnosis, placement, and treatment planning and applicable in a variety of settings (i.e., school, jail, social service). The assessment should include information on: 1) The client's future goals, abilities, talents, and desires. 2) Family situation and structure. 3) Gang involvement of family members. 4) Other family issues that may affect the client's gang involvement. 5) Criminal history. 6) Gang history (and gang affiliation). 7) School history, including special issues such as learning disabilities or a history of behavioral problems. 8) Gang climate in the client's neighborhood. 9) Substance abuse or mental health issues. 10) History of abuse or neglect. 11) Client's employment history and skill levels. 12) Special circumstances, such as a client who is a teen parent. 13) Agencies that are currently serving the client. 14) Possible safety issues involving the client. 15) Current needs assessments from any of the team agencies. 16) Court requirements such as community service hours and restitution. D. Family Reunifications Services The Advisory Group recommends that a major component of intervention include Family Reunification Services that integrates aspects of family psycho -education, behavioral therapy and multiple -family approaches. In this context FRS will bring families of gang members or those at -risk of joining gangs together for learning and problem -solving, all oriented to the improved functioning both of the family member who's receiving services and the family unit as a whole. The FRS's primary working method is to help each family and youth to apply whole -family guidelines to their specific problems and circumstances. Proposed methodology should be linked to the severity of gang involvement of the youth. The methodology should also maintain stability by systematically applying a group problem -solving method, case-by-case, to difficulties in implementing the whole -family guidelines and fostering change. E. Positive Youth Development Programming Positive Youth Development Programming refers programs and activities that target youth during non - school hours including scheduled school closures (holidays) and summer months. Programming serves to provide an alternative to participation in youth problem behaviors (gangs, delinquency, substance abuse, etc.) Positive Youth Development services should focus on promoting programs that RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 7 of 29 have outcomes that are effective and reflect a direct impact on gangs and at -risk youth's ability to make positive choices. Proposals should describe activities that target one or more of the following strategic actions: 1) Improve Parent/Youth communication. 2) Increase utilization of modern technological mediums including social networking in anti -gang activities. 3) Increase personal discipline, leadership and team playing skills among Yakima youth. 4) Increase opportunities for personal story telling through drama, writing, talking circle as a means for healing, hope giving. 5) Identify and expand opportunities for youth self expression (i.e., artistic, cultural, recreational). 6) Facilitate school reentry. 7) Expand structured out-of-school programming. 8) Expand gun safety education opportunities for youth. 9) Increase target youth understanding of risks associated with substance abuse/misuse. 10) Identify and expand youth supported suppression activities. 11) Increase target youth understanding of risks associated with guns and violence. 12) Identify and expand community supported suppression activities. 10. QUALIFICATION PACKET/PROPOSAL DOCUMENTS: Provide a detailed description of the proposed services including the following: A. Schedule of Activities B. Service Capacity (Number of Youth/Families to be served) C. Staffing and required qualifications D. Intended Outcomes E. 12 month Work Pan F. Literature Citation(s) providing evidence of the effectiveness of the proposed service. 11. QUALIFICATION REQUIREMENT: Applicants should address the following areas in their Qualification Packet: A. Experience: 1) Explain the qualifications your firm has to provide the proposed services. 2) Describe your experience in providing similar services. 3) Describe existing partnerships that may contribute to your success. B. Cultural Competency: 1) Describe your plan for ensuring services and activities which are capable of serving the cultural, economic, language, and other unique characteristics of the targeted population. C. Budget 1) Provide a twelve month total project budget and justification including the following: A. Personnel B. Benefits C. Supplies D. Travel E. Other 2) Provide a description of your agencies matching contribution. Partner agencies will be required to match city funds at a rate of 2 to 1.* For example: An agency requesting $10,000 of City funding, a total of $20,000 must be described as matching contribution for a total project budget of $30,000. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 8 of 29 *MATCH REQUIREMENTS ARE NEGOTIABLE ON A CASE BY CASE BASIS as in the best interest of the City. If your agency submits a budget with less than a 2 to 1 matching contribution a separate request for match reduction and or waiver must be included in your packet. 12. EVALUATION BY ANALYSIS COMMITTEE: All Qualification Packets will be screened to determine whether the minimum requirements of the RFQ are met. The Selection Committee (SC) will then evaluate those proposals, which meet the minimum RFQ requirements. Each responsive proposal will be rated on a point system with the top -scoring proposer selected to enter into negotiations. A. Qualification Evaluation Criteria: The following are the criteria, which will be used in the selection of applicants. A maximum score of 100 points will be used by each evaluator to score applicants. Each of the following elements shall have the stated maximum point value: 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 Qualification and Ex • erience Points 1) Program Description 40 2) Experience (See pg 8 -11) 25 3) Cultural Competency (See p 8-11) 5 4) Budget Appropriateness (See p 8-11) 20 5) Matching Contribution & Sources (See p 8-11) 10 TOTAL 100 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 correct obvious ambiguities and errors in the Contractor's proposal and to waive non -material irregularities and/or omissions. B. Applicant's Cost to Develop Qualification Packet: Costs for developing qualification packets in response to the RFQ are entirely the obligation of the Applicant and shall not be chargeable in any manner to the City. C. Applicants' Questions: Any person contemplating submitting an RFQ who is uncertain as to the intended meaning of any part of the RFQ or other contract documents, or who finds discrepancies in, or omissions from the RFQ may request interpretation, clarification, or correction of this RFQ. Such request must be in writing and must be delivered to the RFQ Coordinator by mail, email, or hand delivery. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFQ will be made only by written addendum and will be mailed or delivered to each person receiving this RFQ, in addition to being posted on the City Purchasing webpage. Any information given to any applicant concerning the solicitation or any changes to the RFQ shall be provided in writing to all applicants to ensure that all applicants receive the same information relating to the RFQ. The City will not be responsible for any other interpretation, clarification, or correction of this RFQ. Applicants must acknowledge receipt of any addenda received in their response by either stating they received the addenda, or returning said addenda with their response. Each applicant should verify that it has received all addenda to this RFQ by direct inquiry to the City Contact Person before submitting proposals. D. Clarification of Responses: As part of the evaluation process, and at the discretion of the SC staff, applicants may be asked to clarify specific points in their respective responses. The SC reserves the right to request oral interviews of applicants. Whether there will be interviews and who will be invited to make a presentation to the SC will be at the sole discretion of the City. E. Proprietary Material Submitted: Any information contained in the RFQ submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a applicant's submittal, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.17 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected applicant has been given an opportunity to seek a court injunction against the requested disclosure. F. Public Disclosure: Proposals shall become the property of the City. All proposals shall be deemed a public record as defined in RCW 42.56 "Public Records." Any proposal containing language which copyrights the proposal, declares the entire proposal to be confidential, declares that the document is the exclusive property of the Applicant, or is any way contrary to state public disclosure laws or this RFP will be declared non responsive and removed from consideration. Any information in the proposal that the successful Applicant desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated as described in Section Proprietary Information. The particular exception from disclosure upon which the Applicant is making the claim and the RFP page it is found on must be identified. RFP's will not be disclosed prior to release to potential respondents. With the exception of lists of prospective Applicants, the City will not disclose RFP records until execution of the contract(s). At that time, all information about the competitive procurement will be available with the exception of: Proprietary/confidential portion(s) of the successful proposal(s), until the Applicant has an adequate opportunity to seek a court order preventing disclosure. The City will consider a Applicant's request for exemption from disclosure; however, the City will make a decision predicated upon RCW 42.56. G. Delegation of Professional Services: The services provided for herein shall be performed by the Contractor, and no person other than regular associates or employees of the Contractor shall be engaged upon such work or services except upon written approval of the SC and/or City. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 10 of 29 H. Relationship between City and Contractor: The Contractor and any authorized subcontractors shall at all times be an independent Contractor and not an agent or representative of the City with regard to performance of the Services. The 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 the City. I. Property Rights: All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project, which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. J. Work Made for Hire: All work the Contractor performs under this agreement shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, reports, and any other materials the Contractor produces in connection with this agreement. On completion or termination of the agreement, the Contractor shall deliver these materials to the City project manager. K. Hold Harmless: The Contractor shall, and hereby agrees to, release, save, otherwise hold harmless and indemnify the City of Yakima from claims, demands, damages, actions, causes of actions or other liability, injury, or harm caused by act or omissions, foreseen or unforeseen, negligent or otherwise, that would otherwise befall said City arising out of the Contractor's implementation of the terms of this contract. L. Non -Discrimination: 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, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. 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. M. The Americans With Disabilities Act: With regard to the services to be performed pursuant to this Agreement, 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 antidiscrimination 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 of employment, public accommodations, state and local government services, and telecommunications. N. Term and Renegotiation: The term shall commence on the date of last signature and terminate twelve (12) months thereafter, unless extended or sooner terminated per the terms and conditions of the resulting negotiated contract. The period of performance may also be extended by mutual written agreement of the parties. The City may, at its option, extend the contract on a year to year basis as budget allows and subject to a successful price agreement. O. Venue: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 11 of 29 P. Insurance and Performance Bond: Professional Liability Insurance, Automobile Insurance, Worker's Compensation Insurance, and/or a Performance Bond may be required of the Contractor and may be part of the resulting negotiated contract. Q. Licenses: If applicable, successful Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575-6121. R. Protest Procedure: Any protest must be made in writing, signed by the protestor, and state that the Applicant is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, faxed to 509-576-6394 or emailed to sownby@ci.yakima.wa.us. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests before award shall be filed five (5) days before the solicitation due date, and protests after the award shall be filed five (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Applicant: Step I: Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the City Purchasing Manager shall issue a decision. This decision shall be delivered in writing to the protesting Applicant. Step II: If unresolved, within three (3) business days after receipt, the protest may be appealed to the Department Head by the Purchasing Manager. Step III: If still unresolved, within three (3) business days after receipt, the protest may be appealed to the City Manager (or his designee). The City Manager shall make a determination in writing to the Applicant. Grounds for Protest Only protests stipulating an issue of fact concerning the following subjects shall be considered: A matter of bias, discrimination, conflict of interest; Solicitation unduly constrains competition or contains inadequate or improper criteria; Errors in computing score; Non-compliance with procedures described in the solicitation or City Policy. Protest Determination Each review and determination of the protest shall issue a decision that either: Finds the protest lacking in merit and upholds the award; or Finds only technical or harmless errors in the acquisition process and determines the City to be in substantial compliance and therefore reject the protest; or Finds merit in the protest and provides options for correction, including, but not limited to, correcting the errors and re-evaluating the bids, reissuing the bid to begin a new process, or entering in to a contract that remedies the protest finding; or Makes other findings and determines other courses of action as appropriate. Timeframe Only protests and complaints received within the required timeframe for protest action are accepted for consideration. Award Announcement Purchasing shall announce the successful bidder via City Website, e-mail, fax, regular mail, or by any other appropriate means. Once the announcement is released by Purchasing, the protest time frame RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 12 of 29 begins. The timeframe is not based upon when the Applicant received the information, but rather when the announcement is issued by Purchasing. Though every effort will be made by Purchasing to distribute the announcement to the interested Applicants, Purchasing is not responsible to assure that Applicants receive the announcement. It is the responsibility of the Applicants to obtain the announcement from Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; A prompt award will otherwise be advantageous to the City. If the award is made, the file must be documented to explain the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 13 of 29 E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E - Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this day of , 20 Signature: Printed Name: Phone #: Email Address: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 14 of 29 Personnel Inventory Form * To Accompany Bid Proposal Firm Name: Contact: Address: Phone Number: City: State: Zip: Type of Service Provided: Are you a certified DBE or WMBE?: YES NO. If yes, what is your certification number? # Contractor's Entire Work Force - if you need additional space, photocopy this section and attach it to this form. Occupation Total Employed Total Minorities African American Asian or Pacific Islander Native American Hispanic or Latino Apprentice Trainee M F M F M F M F M F M F M F Officers Foremen Clerical Totals: Goals for minorities and women employees in the contractor' s and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 15 of 29 Exhibit A GENERAL FEDERAL TERMS THAT WILL BE ADDED TO CONTRACT 10. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 16 of 29 APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 17 of 29 11. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FED does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FED Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FED Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FED Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FED Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 18 of 29 Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FED Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FED does not require the inclusion of these requirements in subcontracts. 12. FEDERAL CHANGES 49 CFR Part 18 Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FED. Federal Changes - Contractor shall at all times comply with all applicable FED regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FED, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 21. TERMINATION 49 U.S.C. Part 18 FED Circular 4220.1E Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 19 of 29 Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FED does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 20 of 29 e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 21 of 29 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 22 of 29 If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 23 of 29 The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 23. PRIVACY ACT 5 U.S.C. 552 Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for Federal Funding, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Flow Down The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Model Clause/Language The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FED. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FED. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 24 of 29 24. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FED has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FED may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (b) Acre - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 25 of 29 (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FED, modified only if necessary to identify the affected parties. 25. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FED Circular 4220.1E Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FED does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FED third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 26 of 29 Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Background and Applicability The newest version on the Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 27 of 29 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror' s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the {insert agency name} and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name}. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 28 of 29 29. STATE AND LOCAL LAW DISCLAIMER Applicability to Contract This disclaimer applies to all contracts. Flow Down The Disclaimer has unlimited flow down. Clause/Language State and Local Law Disclaimer — The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 29 of 29 CITY OF YAKIMA Request for Qualifications No. 11221-P To Provide Yakima Gang Free Initiative Youth & Family Development Programming September 6, 2012 RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 1 of 29 Notice to Proposers Request for Qualifications (RFQ) No. 11221-P Notice is hereby given by the undersigned that sealed Requests for Qualifications will be accepted in the office of Yakima City Purchasing, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 2:00 PM, September 21, 2012. At such time, all Respondents names will be publicly read and proposals received will be opened and accepted for consideration for: Yakima Gang Free Initiative Youth & Family Development Programming The City of Yakima has set aside up to $140,000 for professional services and reimbursable expenses for Youth & Family Development programming. The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide gang prevention and intervention services as specified in the RFQ Scope of Work. This RFQ is being funded in part by the "Yakima County Youth Services" Federal Grant and "Yakima County Gang Resistance & Intervention Project" Federal Grant. It is the policy of the City of Yakima that women and minority business enterprises shall have the maximum opportunity to participate in the performance of work relating to the City's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance with state and federal rules and regulations to ensure women and minority business enterprises the maximum opportunity to compete for and to perform contracts. Request for Qualification Packets are available in the office of the Purchasing Manager, City Hall, 129 N 2nd Street, Yakima, Washington, 98901. 509-575-6093. Packets are also available on the City's Purchasing Webpage at www.ci.yakima.wa.us. The City of Yakima reserves the right to reject any and all RFQ's. Dated this 6th day of September, 2012. (Seal) Colleen Bailey, CPPB Purchasing Buyer II Publish on: September 6th and 7th RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 2 of 29 CITY OF YAKIMA REQUEST FOR QUALIFICATIONS NO. 11221-P Yakima Gang Free Initiative — Youth & Family Development Programming This Request for Qualifications (RFQ) invites responses from applicants interested in providing Youth & Family Development Programming for the Yakima Gang Free Initiative (GFI). 1. PURPOSE: The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide services as specified in the RFQ scope of work. 2. DEFINITIONS: A. City The City of Yakima, Washington, and its departments. B. Applicant The person or firm submitting the proposal. C. RFQ The Request for Qualification, including any amendments or other addenda hereto. In case of conflict between the RFQ and exhibits, the RFQ governs. D. Selection Committee The RFQ Selection Committee is comprised of the RFQ Coordinator, City Council Public Safety Committee, City staff and GFI Advisory Group. Committee will not exceed 7 people. E. Qualification Packet/ProposalThe materials submitted by each Applicant in response to the RFQ, including all attachments. 3. RFQ ADMINISTRATION: Upon release of this RFQ, all applicant communication should be directed in writing to the RFQ Coordinator listed below. Any oral communications with other City employees will be considered unofficial and non-binding on the City. 4. RFQ COORDINATOR: The RFQ Coordinator is: Colleen Bailey, Purchasing Buyer II City of Yakima 129 No. 2nd Street Yakima, WA 98901 Ph: 509-576-6787 Email: colleen.bailey@yakimawa.gov 5. PRELIMINARY RFQ SCHEDULE (may be revised as needed): Date RFQ Released 09/06/2012 Qualification Packets Due 09/21/2012 at 2:00 P.M. Interviews TBD Faxing or mailing of letters to successful applicant TBD Contract Negotiations TBD Award of Contract by City Council TBD Proposed Start Date TBD RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 3 of 29 6. A BRIEF DESCRIPTION OF THE GANG FREE INITIATIVE: The City of Yakima GFI is based on the five principles of the Office of Juvenile Justice and Delinquency Prevention's Comprehensive Gang Model. This model and other "Best Practices" are being used by communities across the country to effectively address gang crime and violence. The mission of the Yakima Gang Free Initiative is to engage the community to develop suppression, prevention and intervention strategies that support and promote positive youth development. The City of Yakima has appointed an advisory group for implementation of the GFI Action Plan. The City of Yakima Community Action Plan for the Prevention, Intervention, and Suppression of Gangs (The Plan) represents the recommendations of the GFI Advisory Group to the City of Yakima for addressing the gang issue (can be viewed at http://www.yakimawa.gov/services/purchasing/openings/). Unlike other plans, it emphasizes prevention and intervention strategies at the neighborhood level and positions the City of Yakima together with community partners in a researched based, data driven, and outcome focused effort over the next 3 to 5 years. Four central assumptions frame the overall architecture to the Committee's recommended strategy. The City of Yakima and its partners endeavor to: A. Facilitate total community involvement through strategic guidance and leadership. B. Prevent the growth of gang activity and violence in Yakima through multidimensional collaborative efforts. C. Pursue necessary funding through collaborative efforts. D. Restore Yakima neighborhoods by reducing gang violence and problem activity throughout the City. While key findings are outlined in the Introduction to this Plan, the Advisory Group's Community Action Plan is based on the following fundamental constructs: E. A multidimensional anti -gang strategy should target youth between the ages 11-20 who exhibit high-risk behaviors and gang involvement. F. Young people who would move up the ladder of gang membership and activity are those who commit intentional acts of violence or are arrested for gang related incidents. G. The impact of gang members' actions not only adversely affects their parents, siblings, and other family members but the whole community—including the victims of gang violence who must deal with the horror of losing a loved one and the agony of having to deal with a variety of agencies to get restitution and support. H. No single program will fix the gang problems in our community. I. Strong public leadership by the City Council, City Manager and Chief of Police is essential. J. A coordinated and organized effort among all City departments, other government and community agencies is required to see results that integrate prevention, intervention, and suppression. K. To be effective, all programs and services focused on gang prevention and intervention must be culturally competent, linguistically sensitive, and accessible to the entire community. These constructs must be evident in the partnership agreements entered into by collaborating entities with the City of Yakima. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 4 of 29 This action plan targets the greater City of Yakima with special emphasis on "hubs" of gang activity in three neighborhoods—Northeast, North Central, and Southeast. In addition the Committee has established the following goals: 1) Establish the OJJDP Comprehensive Gang Model as the operating system, and 2) Reduce youth crime, violence, delinquency and academic failure through the prevention, intervention and suppression of youth gangs. Focusing on the goals stated above, the Advisory Group recommends to the City of Yakima the following five strategic objectives: Objective 1: Establish an effective coordinated collaboration process to impact gang activity citywide. Objective 2: Develop joint partnerships to help address the gang issues within the City of Yakima. Objective 3: Establish a data and research analysis process to keep the City Council, City Manager and GFI Committee aware of gang trends and anti -gang research on an ongoing basis. Objective 4: Based on existing funding, build capacity in existing, effective and promising gang prevention and intervention programs/strategies on a neighborhood basis. Objective 5: Develop a sustainable funding strategy for the Community Action Plan. 7. DEADLINE FOR DELIVERY OF QUALIFICATION PACKETS/PROPOSALS: One original Qualification Packet/Proposal with six (6) complete copies and one (1) complete copy on disc (CD), to be submitted to and date stamped by the City Purchasing Office: City of Yakima Purchasing Office 129 No. 2nd St. Yakima, WA 98901 Qualification Packets/Proposals must be received and stamped in by 2:00 p.m. on September 21, 2012, in a sealed package labeled RFQ No. 11221-P Yakima Gang Free Initiative - Youth & Family Development Programming, with the date and time of proposal opening written on the face of it. If you plan on attending the proposal opening, DO NOT BRING YOUR PROPOSAL WITH YOU INTO THE OPENING ROOM. It must be received and date stamped by the Purchasing Office. FAXED OR E-MAILED PACKETS WILL NOT BE ACCEPTED. QUALIFICATION PACKETS RECEIVED AFTER 2:00 P.M. PST, September 21, 2012 WILL NOT BE ELIGIBLE FOR CONSIDERATION. THE DEADLINE WILL BE STRICTLY ADHERED TO. LATE PROPOSALS WILL NOT BE CONSIDERED. Qualification Packets, which do not include all requested information and required documentation, may be considered non-responsive. 8. CONTRACT PERIOD: Projects will be funded for one 12 -month contract period, October 1, 2012 – September 30, 2013 (may be revised as needed). Non-competitive continuation requests will be considered up to five years depending on performance and availability of funds. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 5 of 29 9. PROPOSED SCOPE OF SERVICES: The City Administration and the City Council will prioritize funding of existing, effective, promising programs that establish targets for outcomes and outputs in a coordinated and collaborative manner with the City's funding source, i.e. Parks and Recreation, Police Department or private foundations. In addition, the City will enter into collaborative funding ventures only in instances where the partner has provided assurances regarding the use of evidence based programs and adherence with the core operating principles adopted by the GFI Advisory Group. Applicants may submit qualifications for one or more of the following prevention and intervention service components: A. Outreach The primary focus of the outreach services is to build an ongoing and pro -social relationship with youth and families while linking them to appropriate services. Targeted outreach should focus on core gang involved youth, with special capacity to connect pre -adjudication and in the local community setting. Outreach activities should be carefully integrated with existing and new prevention services not to become a primary focus, but rather as a means to build relationships with clients and provide access to essential resources and services. Outreach should describe a method for providing information that helps the Youth Development Team gain a better understanding of the issues within the target population and in the target area so that team interactions with gang members will be more informed. The GFI Advisory Group recommends that outreach be conducted in a manner that includes the following routine activities: 1) Identify youths' needs and goals to help the team develop a more comprehensive intervention plan. 2) Coach and provide role models for each youth. 3) Coordinate appropriate crisis responses to project clients following episodes of violence in the community. 4) Provide assistance to families in distress, ranging from accessing basic services to helping resolve family conflicts. 5) Visit clients who are incarcerated and helping to reconnect them to services when they are released from custody. 6) Resolve conflicts and/or mediating between clients, their families, other youth, and/or agencies. 7) Act as a liaison between project clients and service providers/schools to facilitate client access to services. 8) Work with clients who are seeking employment, from helping these youth develop resumes, to identifying their skills and qualifications, to helping them apply for jobs or work with workforce services programs. 9) Conduct gang awareness presentations in schools. B. Referral & Screening The GFI Advisory Group recommends that a referral and screening mechanism be established. Referral is an informal, ongoing process for reviewing information related to youth who show signs of being at risk of gang involvement or have been determined to be gang involved. The referral process should integrate with the Youth Development Team review of screening and other information on targeted youth, and the Youth Development Teams decision about whether to add the youth to the caseload. Screening or "Triage" is a brief assessment of the youth's current status to determine individual and family priorities. It is important that team members create a protocol for screening and assessing new clients. Outreach workers present information about prospective youth to the Youth Development RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 6 of 29 Team, outlining how each youth meets the screening criteria. The team members can then come to consensus about whether a youth is suitable for case management. A screening team including outreach workers and members of the Youth Development Team should meet regularly to review the referral materials that have come in. The screening process may indicate the need to refer the youth to crisis services. Upon gathering all information and determining eligibility based on the established criteria, the screening team will make a determination. They will also take into consideration the ability of the program to serve the family based on current caseloads. A waiting list could be created in the future if we reach capacity. C. Individual Needs Assessments Proposal should describe an individual needs assessment instrument either in existence or to be developed that will ascertain the status of each client when he/she is accepted into the project. Needs Assessment services should be appropriate for diagnosis, placement, and treatment planning and applicable in a variety of settings (i.e., school, jail, social service). The assessment should include information on: 1) The client's future goals, abilities, talents, and desires. 2) Family situation and structure. 3) Gang involvement of family members. 4) Other family issues that may affect the client's gang involvement. 5) Criminal history. 6) Gang history (and gang affiliation). 7) School history, including special issues such as learning disabilities or a history of behavioral problems. 8) Gang climate in the client's neighborhood. 9) Substance abuse or mental health issues. 10) History of abuse or neglect. 11) Client's employment history and skill levels. 12) Special circumstances, such as a client who is a teen parent. 13) Agencies that are currently serving the client. 14) Possible safety issues involving the client. 15) Current needs assessments from any of the team agencies. 16) Court requirements such as community service hours and restitution. D. Family Reunifications Services The Advisory Group recommends that a major component of intervention include Family Reunification Services that integrates aspects of family psycho -education, behavioral therapy and multiple -family approaches. In this context FRS will bring families of gang members or those at -risk of joining gangs together for learning and problem -solving, all oriented to the improved functioning both of the family member who's receiving services and the family unit as a whole. The FRS's primary working method is to help each family and youth to apply whole -family guidelines to their specific problems and circumstances. Proposed methodology should be linked to the severity of gang involvement of the youth. The methodology should also maintain stability by systematically applying a group problem -solving method, case-by-case, to difficulties in implementing the whole -family guidelines and fostering change. E. Positive Youth Development Programming Positive Youth Development Programming refers programs and activities that target youth during non - school hours including scheduled school closures (holidays) and summer months. Programming serves to provide an alternative to participation in youth problem behaviors (gangs, delinquency, substance abuse, etc.) Positive Youth Development services should focus on promoting programs that RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 7 of 29 have outcomes that are effective and reflect a direct impact on gangs and at -risk youth's ability to make positive choices. Proposals should describe activities that target one or more of the following strategic actions: 1) Improve Parent/Youth communication. 2) Increase utilization of modern technological mediums including social networking in anti -gang activities. 3) Increase personal discipline, leadership and team playing skills among Yakima youth. 4) Increase opportunities for personal story telling through drama, writing, talking circle as a means for healing, hope giving. 5) Identify and expand opportunities for youth self expression (i.e., artistic, cultural, recreational). 6) Facilitate school reentry. 7) Expand structured out-of-school programming. 8) Expand gun safety education opportunities for youth. 9) Increase target youth understanding of risks associated with substance abuse/misuse. 10) Identify and expand youth supported suppression activities. 11) Increase target youth understanding of risks associated with guns and violence. 12) Identify and expand community supported suppression activities. 10. QUALIFICATION PACKET/PROPOSAL DOCUMENTS: Provide a detailed description of the proposed services including the following: A. Schedule of Activities B. Service Capacity (Number of Youth/Families to be served) C. Staffing and required qualifications D. Intended Outcomes E. 12 month Work Pan F. Literature Citation(s) providing evidence of the effectiveness of the proposed service. 11. QUALIFICATION REQUIREMENT: Applicants should address the following areas in their Qualification Packet: A. Experience: 1) Explain the qualifications your firm has to provide the proposed services. 2) Describe your experience in providing similar services. 3) Describe existing partnerships that may contribute to your success. B. Cultural Competency: 1) Describe your plan for ensuring services and activities which are capable of serving the cultural, economic, language, and other unique characteristics of the targeted population. C. Budget 1) Provide a twelve month total project budget and justification including the following: A. Personnel B. Benefits C. Supplies D. Travel E. Other 2) Provide a description of your agencies matching contribution. Partner agencies will be required to match city funds at a rate of 2 to 1.* For example: An agency requesting $10,000 of City funding, a total of $20,000 must be described as matching contribution for a total project budget of $30,000. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 8 of 29 *MATCH REQUIREMENTS ARE NEGOTIABLE ON A CASE BY CASE BASIS as in the best interest of the City. If your agency submits a budget with less than a 2 to 1 matching contribution a separate request for match reduction and or waiver must be included in your packet. 12. EVALUATION BY ANALYSIS COMMITTEE: All Qualification Packets will be screened to determine whether the minimum requirements of the RFQ are met. The Selection Committee (SC) will then evaluate those proposals, which meet the minimum RFQ requirements. Each responsive proposal will be rated on a point system with the top -scoring proposer selected to enter into negotiations. A. Qualification Evaluation Criteria: The following are the criteria, which will be used in the selection of applicants. A maximum score of 100 points will be used by each evaluator to score applicants. Each of the following elements shall have the stated maximum point value: 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 Qualification and Ex • erience Points 1) Program Description 40 2) Experience (See pg 8 -11) 25 3) Cultural Competency (See p 8-11) 5 4) Budget Appropriateness (See p 8-11) 20 5) Matching Contribution & Sources (See p 8-11) 10 TOTAL 100 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 correct obvious ambiguities and errors in the Contractor's proposal and to waive non -material irregularities and/or omissions. B. Applicant's Cost to Develop Qualification Packet: Costs for developing qualification packets in response to the RFQ are entirely the obligation of the Applicant and shall not be chargeable in any manner to the City. C. Applicants' Questions: Any person contemplating submitting an RFQ who is uncertain as to the intended meaning of any part of the RFQ or other contract documents, or who finds discrepancies in, or omissions from the RFQ may request interpretation, clarification, or correction of this RFQ. Such request must be in writing and must be delivered to the RFQ Coordinator by mail, email, or hand delivery. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFQ will be made only by written addendum and will be mailed or delivered to each person receiving this RFQ, in addition to being posted on the City Purchasing webpage. Any information given to any applicant concerning the solicitation or any changes to the RFQ shall be provided in writing to all applicants to ensure that all applicants receive the same information relating to the RFQ. The City will not be responsible for any other interpretation, clarification, or correction of this RFQ. Applicants must acknowledge receipt of any addenda received in their response by either stating they received the addenda, or returning said addenda with their response. Each applicant should verify that it has received all addenda to this RFQ by direct inquiry to the City Contact Person before submitting proposals. D. Clarification of Responses: As part of the evaluation process, and at the discretion of the SC staff, applicants may be asked to clarify specific points in their respective responses. The SC reserves the right to request oral interviews of applicants. Whether there will be interviews and who will be invited to make a presentation to the SC will be at the sole discretion of the City. E. Proprietary Material Submitted: Any information contained in the RFQ submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a applicant's submittal, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.17 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected applicant has been given an opportunity to seek a court injunction against the requested disclosure. F. Public Disclosure: Proposals shall become the property of the City. All proposals shall be deemed a public record as defined in RCW 42.56 "Public Records." Any proposal containing language which copyrights the proposal, declares the entire proposal to be confidential, declares that the document is the exclusive property of the Applicant, or is any way contrary to state public disclosure laws or this RFP will be declared non responsive and removed from consideration. Any information in the proposal that the successful Applicant desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated as described in Section Proprietary Information. The particular exception from disclosure upon which the Applicant is making the claim and the RFP page it is found on must be identified. RFP's will not be disclosed prior to release to potential respondents. With the exception of lists of prospective Applicants, the City will not disclose RFP records until execution of the contract(s). At that time, all information about the competitive procurement will be available with the exception of: Proprietary/confidential portion(s) of the successful proposal(s), until the Applicant has an adequate opportunity to seek a court order preventing disclosure. The City will consider a Applicant's request for exemption from disclosure; however, the City will make a decision predicated upon RCW 42.56. G. Delegation of Professional Services: The services provided for herein shall be performed by the Contractor, and no person other than regular associates or employees of the Contractor shall be engaged upon such work or services except upon written approval of the SC and/or City. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 10 of 29 H. Relationship between City and Contractor: The Contractor and any authorized subcontractors shall at all times be an independent Contractor and not an agent or representative of the City with regard to performance of the Services. The 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 the City. I. Property Rights: All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project, which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. J. Work Made for Hire: All work the Contractor performs under this agreement shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, reports, and any other materials the Contractor produces in connection with this agreement. On completion or termination of the agreement, the Contractor shall deliver these materials to the City project manager. K. Hold Harmless: The Contractor shall, and hereby agrees to, release, save, otherwise hold harmless and indemnify the City of Yakima from claims, demands, damages, actions, causes of actions or other liability, injury, or harm caused by act or omissions, foreseen or unforeseen, negligent or otherwise, that would otherwise befall said City arising out of the Contractor's implementation of the terms of this contract. L. Non -Discrimination: 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, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. 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. M. The Americans With Disabilities Act: With regard to the services to be performed pursuant to this Agreement, 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 antidiscrimination 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 of employment, public accommodations, state and local government services, and telecommunications. N. Term and Renegotiation: The term shall commence on the date of last signature and terminate twelve (12) months thereafter, unless extended or sooner terminated per the terms and conditions of the resulting negotiated contract. The period of performance may also be extended by mutual written agreement of the parties. The City may, at its option, extend the contract on a year to year basis as budget allows and subject to a successful price agreement. O. Venue: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 11 of 29 P. Insurance and Performance Bond: Professional Liability Insurance, Automobile Insurance, Worker's Compensation Insurance, and/or a Performance Bond may be required of the Contractor and may be part of the resulting negotiated contract. Q. Licenses: If applicable, successful Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575-6121. R. Protest Procedure: Any protest must be made in writing, signed by the protestor, and state that the Applicant is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, faxed to 509-576-6394 or emailed to sownby@ci.yakima.wa.us. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests before award shall be filed five (5) days before the solicitation due date, and protests after the award shall be filed five (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Applicant: Step I: Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the City Purchasing Manager shall issue a decision. This decision shall be delivered in writing to the protesting Applicant. Step II: If unresolved, within three (3) business days after receipt, the protest may be appealed to the Department Head by the Purchasing Manager. Step III: If still unresolved, within three (3) business days after receipt, the protest may be appealed to the City Manager (or his designee). The City Manager shall make a determination in writing to the Applicant. Grounds for Protest Only protests stipulating an issue of fact concerning the following subjects shall be considered: A matter of bias, discrimination, conflict of interest; Solicitation unduly constrains competition or contains inadequate or improper criteria; Errors in computing score; Non-compliance with procedures described in the solicitation or City Policy. Protest Determination Each review and determination of the protest shall issue a decision that either: Finds the protest lacking in merit and upholds the award; or Finds only technical or harmless errors in the acquisition process and determines the City to be in substantial compliance and therefore reject the protest; or Finds merit in the protest and provides options for correction, including, but not limited to, correcting the errors and re-evaluating the bids, reissuing the bid to begin a new process, or entering in to a contract that remedies the protest finding; or Makes other findings and determines other courses of action as appropriate. Timeframe Only protests and complaints received within the required timeframe for protest action are accepted for consideration. Award Announcement Purchasing shall announce the successful bidder via City Website, e-mail, fax, regular mail, or by any other appropriate means. Once the announcement is released by Purchasing, the protest time frame RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 12 of 29 begins. The timeframe is not based upon when the Applicant received the information, but rather when the announcement is issued by Purchasing. Though every effort will be made by Purchasing to distribute the announcement to the interested Applicants, Purchasing is not responsible to assure that Applicants receive the announcement. It is the responsibility of the Applicants to obtain the announcement from Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; A prompt award will otherwise be advantageous to the City. If the award is made, the file must be documented to explain the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 13 of 29 E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E - Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this day of , 20 Signature: Printed Name: Phone #: Email Address: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 14 of 29 Personnel Inventory Form * To Accompany Bid Proposal Firm Name: Contact: Address: Phone Number: City: State: Zip: Type of Service Provided: Are you a certified DBE or WMBE?: YES NO. If yes, what is your certification number? # Contractor's Entire Work Force - if you need additional space, photocopy this section and attach it to this form. Occupation Total Employed Total Minorities African American Asian or Pacific Islander Native American Hispanic or Latino Apprentice Trainee M F M F M F M F M F M F M F Officers Foremen Clerical Totals: Goals for minorities and women employees in the contractor' s and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 15 of 29 Exhibit A GENERAL FEDERAL TERMS THAT WILL BE ADDED TO CONTRACT 10. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 16 of 29 APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 17 of 29 11. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FED does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FED Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FED Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FED Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FED Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 18 of 29 Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FED Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FED does not require the inclusion of these requirements in subcontracts. 12. FEDERAL CHANGES 49 CFR Part 18 Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FED. Federal Changes - Contractor shall at all times comply with all applicable FED regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FED, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 21. TERMINATION 49 U.S.C. Part 18 FED Circular 4220.1E Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 19 of 29 Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FED does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 20 of 29 e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 21 of 29 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 22 of 29 If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 23 of 29 The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 23. PRIVACY ACT 5 U.S.C. 552 Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for Federal Funding, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Flow Down The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Model Clause/Language The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FED. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FED. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 24 of 29 24. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FED has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FED may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (b) Acre - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 25 of 29 (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FED, modified only if necessary to identify the affected parties. 25. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FED Circular 4220.1E Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FED does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FED third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 26 of 29 Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Background and Applicability The newest version on the Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 27 of 29 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror' s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the {insert agency name} and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name}. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 28 of 29 29. STATE AND LOCAL LAW DISCLAIMER Applicability to Contract This disclaimer applies to all contracts. Flow Down The Disclaimer has unlimited flow down. Clause/Language State and Local Law Disclaimer — The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 29 of 29 Union Gospel Mission of Yakima Madison House Project Proposal ihe Union Gospel Mission of Yakima and Madison House Youth and Community Center respectfully submit qualifications pertaining to request No. 11221-P Yakima Gang Free initiative Youth & Family Development Programming under Scope of Services headings A) Outreach and E) Positive Youth Development Programming. Intended outcomes for Madison House Youth and Community Center Tutoring Incentive, School Suspension and Athletics programs include: • Identify youthsneeds and goals to help them develop a more comprehensive intervention plan. • Resolve conflicts and /or mediating between clients, their families, other youth, and/or agencies. • Act as a liaison between project clients and service providers/schools to facilitate client access to services. • Increase personal discipline, leadership and team building skills among Yakima's youth. • Increase opportunities for personal story telling through drama, writing, talking circle as a means for healing, hope giving. • Identify and expand opportunities for youth self-expression (i.e., artistic, cultural, recreational). • Facilitate school reentry. • Expand structured out-of-school programming. • Identify and expand community supported suppression activities. The Union Gospel Mission (UGM) of Yakima, Washington has been providing free services to those in our valley who struggling with life's most basic needs for over 75 years. Men, women, and families of •all backgrounds are welcome to partake of rehabilitation and emergency services. In addition, UGM seeks to advocate and educate on behalf of the homeless, the poor. and the needy. Faith in God is encouraged, but it is not required to receive assistance. UGM does not discriminate on the basis of race, religion, gender, sexual orientation, age, political affiliation, national origin, or disability. The Mission is served by a twelve member Board of Directors: Gene Barlow Retired Bob Buck Terri], Lewis & Wilke Insurance Mark Burton Owner, ABC Fire Control, Inc. Larry Day General Building Contractor Larry Hascn Tree Top Dave Dawes Realtor DeNard Jones Advertising, The Field Group Buzz Rowe Orchardist Merle M. Smith Orchardist Derek Sutton Attorney, Prediletto Halpin Scharnikow Phil Wachsmith Orchardist Madison House is further served by a ten member Advisory Committee. The vast majority of UGM's funding comes from individual community donors. The remainder is received through grants by nonprofit foundations and corporate gifts. In-kind gifts account for almost one-half of annual income. To date, no city, county, state or federal funding has been received to SI provide services. Union Gospel Mission of Yakima Madison House Project Proposal • Madison House Youth and Community Center opened in May of 1989 in southeast Yakima. Services are provided at no cost to all children and adults. The majority of those ser ed by Madison House live in a 3-4 mile block from Yakima Avenue south to Nob Hill Boulevard, First Street east to [-82. A typical day at Madison House sees 60-100 students participating in a variety of programs including tutoring and athletics. Many of the families at Madison House, with children ranging in age from toddler to high school, are at - risk and socially or economically disadvantaged. The closest elementary school. Adams, is 93% Hispanic. Sixty-four percent are transitional bilingual and 95% qualify for free or reduced meals. These children come from broken homes and know the sting of drug and alcohol abuse. Gang activity is common in the neighborhood. Parents arc often employed in the fields and warehouses of the surrounding fruit industry. Seeing the need to encourage education and opportunities beyond entry-level fruit industry positions the Tutoring Incentive Program was created to come alongside existing athletic and recreational afterschool offerings. Educational programs at Madison House have blossomed since the hiring of Director of Education, GaneBourgeois, in June 2011. As a certified teacher and longtime volunteer tutor she has worked tirelessly to improve opportunities for students. Without this leadership Madison House would not be in the unique partnership with Juvenile Justice and the Yakima School District to offer an alternative suspension program where instead of serving out school suspensions at home, unsupervised, students participate in two hours of community service and one-on-one tutoring each day. By creating a Textbook Library on site both tutor and student can literally be on the same page and the "lost book" excuse is eliminated. Through Ms. Bourgeois' recruiting efforts students have access to quality subject - specific tutors recruited from Pacific Northwest University for Health Sciences and throughout the community. The Tutoring Incentive Program seeks to provide education and awareness to students about meaningful careers while spotlighting local opportunities. The Director of Education works closely with guidance counselors, teachers, parents to discern student interests and gifts. Yakima valley professionals provide job shadows, career speakers, and potentially internships thereby encouraging post -secondary careers. Students have opportunities to look outside their current neighborhood conditions and aspire to well - paying careers while staying in the Yakima Valley. Students thcn encourage others. In this program, qualified high school seniors then become mentors to the youth at Madison House as part of their senior project. With the knowledge they have received through the Tutoring Incentive Program, the student becomes a positive role model by sharing their experiences, successes, and involvement with area professionals and other educational experience incentives. Through a series of incentives students are rewarded for participation and improvement. Students learn the importance of education through the concern of caring adults. Goals are set with each student at the beginning of every term. Grades, attendance, and homework are tracked weekly. Smaller incentix es are focused on elementary school students. Middle and Large incentives target middle and high schoolers. The relationship between students and tutors are encouraged and nurtured by Madison House staff. 2 Union Gospel Mission of Yakima Madison House Project Proposal Planned Incentive Schedule (Fall Semester) Small Incentive Requirement: Attendance in Tutoring Medium Incentive Requirement: Grade -Based Goal per Director of Education Larie Incentive Requirement: 3.0 End of Tenn GPA Date Type Activity Budget Estimate September 21 Small Madison House Game Night 400.00 October 5th Small Davis Football Game 400.00 Mid -October February 24 Meet Your Mentor Dinner 200.00 October 19th Small Corn Maze 300.00 November n Medium Davis vs. IKE Football 400.00 November 16th Small Matinee Movie 400.00 December 7`11 Small Ice Skating 400.00 January 1 1 ii, Small Sunday Football Party 300.00 January 15'11 Large TBA 500.00 June 1 Small Roller Skating 400.00 June 15 Large Overnighter Lock -In 300.00 300.00 Fall Semester Incentive Total $ 4000.00 Fall Semester In -Kind Estimated Donations (1500.00) Fall Semester Incentive Grand Total $ 2500.00 S m le Incentive Schedule (SpringSemester , . Small Incentive Requirement: Attendance in Tutoring Medium Incentive Requirement: Grade -Based Goal per Director of Education Large Incentive Requirement: 3.0 End of Term GPA Date. Type Activity Budget Estimate January 9 Meet Your Mentor Dinner 5 200.00 February 10 Small Matinee Movie 400.00 February 24 Small Bowling 400.00 March 2 Medium Snow Park 300.00 March 23 Small Ice Skating 400.00 April 6 Small Family Fun Center 400.00 April 20 Large Seattle Trip — UW/SU 500.00 May 4 Small Matinee Movie 400.00 May 18 Medium Ellensburg — CWU, Winegars Ice Cream 300.00 June 1 Small Roller Skating 400.00 June 15 Large Overnighter Lock -In 300.00 Spring Semester Incentive Total $ 4000.00 Spring Semester In -Kind Estimated Donations (1500.00) Spring Semester Incentive Grand Total $ 2500.00 Annual Incentive Program Total (2 Semesters) $ 5000.00 3 Union Gospel Mission of Yakima Madison House Project Proposal The Tutoring Incentive Program is available to all interested school age students, with emphasis on those in middle and high school. Faith in God is encouraged, but it is not required to participate. Madison House does not discriminate on the basis of race, religion, gender, sexual orientation, age, political affiliation, national origin, or disability. Success for this program will be measured in the short, middle, and long term. Short term goals include • increase in the number of students participating in tutoring • increased number of students achieving passing grades, and • those meeting or exceeding 3M GPA goals. Middle term goals include • increases in high school graduation rate and • post -secondary enrollment/graduation. Long term goal is employment in career paths requiring post -secondary education. From its opening in 1989, Madison House has been a center of positive after school activities. Athletics and recreation have always been a keystone to Madison House's programming. Javier Alvarez came on hoard as the new Activities Director mid-September 2012. He brings personal experience in moving beyond at -risk behaviors along with bilingual and bicultural relevance to meet neighborhood students where they are. Javier comes from similar circumstances and seeks to motivate students through positive influences. The Directors of Education and Activities are overseen by Tony Baker, Madison House's Administrator. Athletics and recreation are valuable outreach tools that not only lead to educational program participation but also offer opportunities for students to be known and encouraged by caring adults. Middle and High school students are targeted through boxing, soccer, golf, and tennis. Golf and tennis programs are offered to all Madison House students. High school youth serve as coaches and referees for younger students during indoor and outdoor soccer leagues passing on their joy for the game and being rewarded through monetary stipends. Boxing has become quite popular with middle and high school boys especially after one of their own qualified and competed in the Junior Olympics. The sport provides an appropriate outlet for aggression within the parameters of disciplined training. Over the past 2 years Madison House has partnered with fruit industry leaders to raise funds for education programs. Funds raised assist Madison House in reaching the 2:1 matching funds goal. The City of Yakima Gang Free Initiative is asked to come alongside these fruit industry leaders in supporting Madison House Youth and Community Center. From the sample incentive schedule provided above and attached 12 month work plan, funds will be used for a variety of academic and athletic activities serving middle and high school youth. The overall fundraising goal is $400,000 over 3 years. This is adequate time for program establishment while allowing for the identification of long term, sustainable funding sources. Together with the almost 23 year commitment of the Union Gospel Mission Board of Directors to fund Madison House programs through general operating funds staff are confident to offer programs in the foreseeable future. 4 Union Gospel Mission of Yakima Madison House Project Proposal • Financial commitment has been received from the following donors: S15,000 (S5,(H)Ot r for 3 years) or more tompan Rcpresentativv Allan Fruit Spinners Domex, Inc. Zirkle Fruit George Allan Gary Remsburg Ed Kershaw Bill Zirkle Roche Frui in on F John Roche Apple King Fred Pia Douglas Frui Tree Top Ray Keller Bill Douglas 'aluma FederalSavings and Loan Sharon Miracle Pete Bansmere Other Multi -Year Gifts Company Representative Doug Frank Davis aune & Connie a is First Fniits Broetje Orchards Price Cold Storage Washington F First Presbyter "ei h Mathews & Chervle Broetie an Church ice Peter & Bea Plath Pastor Jack Peebles Literature Citations - Center for Mental Health in Schools at UCLA. (2007 Revision). After-school programs and addressing barriers to learning. Los Angeles, CA: Author. Swanson, Christopher B. (2009) Closing the Graduation Gap: Educational and Economic Conditions in America's Largest Cities. Bethesda, MD: Editorial Projects in Education, Inc. Cameron, M., & MacDougall, C. (2000.) Crime prevention through sport and physical activity. Australian Institute of Criminology. Retrieved from littp fulltcxt a u,,port.go \ au fulltext 20(H) ascpuh erime_pre\ ention Respectfully Submitted, September 20, 2012 Union Gospel Mission of Yakima Rick Phillips, Executive Director 1300 N. Street Yakima, WA 98903 509.248.4510 Madison House Tony Baker, Administrator 302 S. 4th Street Yakima, WA 98901 5 Union Gospel Mission al Madison House Youth and Community Center NW GFI Project Budget Budget Requested Personnel Salary Director of Education $ 44,961.12 $ 14,987.14 Salary Activities Director $ 35'000.00 $ 11'666.67 Benefits Director of Education $ 6'409.58 $ 2'186.52 Benefits - Activities Director $ 6'210.36 $ 2'070.12 Soccer Student Coaches Stipend $ 2,400D0 $ 800.00 Personnel Total 94,981.04 $ 31'660.45 Supplies & Equipment Athletics -Boxing $ 1,566.00 $ 522.00 Athletics 'Tennis/Pick|ebaU $ 567J5 $ 189.25 Athletics Golf $ 601.00 $ 200.33 Tutoring - Educational Materials $ 500.00 $ 167.77 Suspension - Textbook Library $ 10'000D0 $ 3,333.34 Supplies & Equipment Total 13'234.75 $ 4'412.69 • Travel Tutoring UW/SU Tutoring '[VVU Travel Total $ $400.00 $ 600.00 $ 200.00 133.33 1,000.00 $ 333.33 Other Tutoring Admission Fees $ 4'800.00 $ 1'600.00 Tutoring Meals $ I'400.00 $ 800.00 Athletics Camp Fees $ 4,772.00 $ 1'590.66 Other Total $ 11,972.00 $ 3,990.66 Project Total $ 121,187.79 $ 40,397.13 Total Requested E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Do(tars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. i- E 1 "‘-t)1.1.11 Fk. The undersigned declares, under penally of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E• Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify am at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this day of Signature: Printed Name: Phone #: 2-171k-0 Email Address: RFQ 1122I -P Gang Free Initiative Youth & Family Development Programming Page 14 of 29 • Firm Name: Address: City: Personnel Inventory Form * To Accompany Bid Proposal * Th,„ Contact: IN\ •1-'01 I Lc' Yak -col Phone Number: Z-416 -57 Type of Service Provided: \//0 State: \VIA Zip: QC State: a v7 d C(.)f no-Lov7/ yPrc Are you a certified DBE or WMBE?: YES NO. V. If yes, what is your certification number? Contractor's Entire Work Force - if you need additional space, photocopy this section and attach it to this form. Occupation Total Employed Total Minorities African American Asian or Pacific Islander Native Amerium -,— Hispanic or Latino Apprentice Trainee M F M F M M F MM F Officers Forenien Clerical Totals: Goals for minorities and women employees in thc contractor's and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if ncw employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. RFQ 1 1221-P Gang Free Initiative Youth & Family Development Programming Page 15 of 29 APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each hid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employcc of any agency, a Member of Congress, an officer or employcc of Congress, or an employee of a Member of Congress in connection with this Federal contract. grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report I,obbying," in accordance with its instructions [as amended by "Government wide Guidance for Ncw Restrictions on Lohhying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lohhying Disclosure Act of 1995 (P.L. 104-65, to he codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all suhawards at all tiers (including subcontracts, suhgrants, and contracts under grants, loans, and cooperative agreements) and that all subrccipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall he subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)( A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, 011 6 Ot„vci 131,5,8i.i:Irtifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agre • hat the,pr,pvisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date KR? 1 1221-P Gang Free Initiative Youth & Family Development Programming Page 17 of 29 GANG FREE INITIATIVE IMPLEMENTATION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA POLICE ATHLETIC LEAGUE This AGREEMENT is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation, located at 129 North 2nd Street, Yakima, WA 98901 (hereinafter referred to as CITY), and YAKIMA POLICE ATHLETIC LEAGUE, a non-profit corporation, located at 602 North 4th Street, Yakima, WA 98901 (hereinafter referred to as CONTRACTOR). WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan; and WHEREAS, the City of Yakima at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI; and WHEREAS, YAKIMA POLICE ATHLETIC LEAGUE, a Washington State non- profit corporation, experienced in Youth and Family Development Programming, has proposed to offer positive youth development, outreach and assessment programs; and WHEREAS, YAKIMA POLICE ATHLETIC LEAGUE has the desired qualification to provide these services; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and YAKIMA POLICE ATHLETIC LEAGUE as follows: 1. Scope of Services. The CONTRACTOR agrees to perform these services and work for the CITY in accordance with and as described in the following: A. RFP documents No. 11221, attached hereto and incorporated herein by this reference; and B. Contractor Proposal submitted in response to RFP No.11221, and dated September 20, 2012, attached hereto and incorporated herein by this reference; and C. Addendum #1 to Contractor Proposal, "Negotiated Scope of Work for City of Yakima", attached hereto and incorporated herein by this reference. D. Communication: Regularly communicate with the City of Yakima's Gang Free Initiative (GFI) Director to assure mutual understanding of the work to be performed and the satisfactory completion thereof. GFI Service Provider Agreement/ YPAL/ page 1 E. Background Screening for Contractor and associates: CONTRACTOR shall submit a current list of names, and assignments of all employees and volunteers who will perform work under this Agreement. Prior to each employee and/or volunteer performing work under this Agreement, the CONTRACTOR employee or volunteer must complete and pass a criminal background check. All CONTRACTOR personnel shall pass a Washington Access to Criminal History (WATCH) background check offered by the State Patrol. There will be no exceptions and no substitutions of personnel without prior approved background clearance checks. Background checks will be conducted by the CONTRACTOR, at no cost to the City. Background checks from other sources are not acceptable. Background checks must be provided to the City. 1. Current City employees who have previously undergone a City background check shall not be required to be re -checked. 2. All CONTRACTOR and sub -contractor employees working on this Agreement must be clear of any sexual and drug related convictions. All CONTRACTOR and sub -contractor employees shall be free from any felony convictions. 3. Throughout the life of the Agreement, the City reserves the right to request updated background checks or to have them completed again. F. Changes in Personnel. Changes in the employment and volunteer list shall be reported to Magallan Consultancy GFI Coordinator (509-469- 0591), no less than five (5) business days before the requested changes are to become effective. G. Marketing Materials. CONTRACTOR shall ensure that all marketing materials and announcements for the project are co -branded with the City of Yakima as a partner in the project, and official logos of the City of Yakima shall be used to represent the city in said materials. These materials include, but are not limited to: program brochures, agency reports, print advertisements, posters, internet/website portals, radio and television public service announcements, shirts, hats, etc. 2. Term of Agreement. The term of this agreement shall begin upon execution by both parties and shall terminate upon the completion of all services required hereunder by the CONTRACTOR, but no later than December 31, 2013 unless terminated earlier by the CITY in accordance with Section 11 of this Agreement, or in the event of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.). 3. Consideration. As consideration for the services performed under this Agreement, the CITY agrees to compensate the CONTRACTOR in accord with the following terms: GFI Service Provider Agreement/ YPAL/ page 2 A. In consideration for the performance by the CONTRACTOR in accordance with this Agreement the CITY agrees to pay an amount not to exceed one hundred ten thousand and five hundred Dollars ($110,500.00) to the CONTRACTOR for the work, as set forth in the RFP documents, at the time and manner upon fulfillment of the conditions provided. The amount shall not exceed the said amount without written prior approval from the CITY. B. The CONTRACTOR shall invoice CITY monthly for services performed under this Agreement. The CONTRACTOR shall submit a monthly invoice no later than the 20th day of the month following the month in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month. The amount of the invoice shall be for one -twelfth of the annual Agreement Amount for the current Agreement year. Invoices shall be sent to: MagaIlan Consultancy LLC, ATTN: City of Yakima GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901. The GFI Director is obligated to promptly review invoices and submit to the City. The CITY will reimburse the CONTRACTOR within thirty (30) days of receipt of a valid invoice for the amount of payment due. CITY shall return any invalid or incomplete invoice to the CONTRACTOR within thirty (30) days after CITY receives the invoice. An explanation will accompany the invoice that states the reason for return and any information needed to correct the invoice. Final invoices for services provided under this agreement shall be submitted by the CONTRACTOR no later than ninety (90) days following the termination of the agreement. 4. Independent CONTRACTOR A. No agency, employment, joint venture or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this agreement. Inasmuch as CITY is interested in the CONTRACTOR's end product, CITY does not control the manner in which the CONTRACTOR performs this agreement. CITY is not liable for workers' compensation or unemployment compensation payments required by the State of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities that result from compensation paid to the CONTRACTOR by CITY. CITY will report any payment made under this agreement to the Internal Revenue Service on Form 1099. B. No provision contained in this agreement shall be construed as entitling the CONTRACTOR to participate in hospital plans, medical plans, sick leave benefits, vacation, and other benefits available to employees of CITY. C. The CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to conduct business in Washington have been obtained and are GFI Service Provider Agreement/ YPAL/ page 3 operative. If at any time during the agreement period the CONTRACTOR becomes disqualified from conducting business in Washington, for whatever reason, the CONTRACTOR shall immediately notify CITY of the disqualification. D. The CONTRACTOR shall neither perform work nor submit an invoice for payment for work performed under this agreement for any time period after the termination date set forth in Section 2, above. E. The CONTRACTOR shall furnish its own support staff, materials, equipment and services as necessary for the satisfactory performance of the work described in Section 1, above. Unless otherwise specified in this agreement, CITY will not provide any other staff, services, or material to the CONTRACTOR for the purpose of assisting the CONTRACTOR in the performance of this agreement. 5. Location and Site Use The Yakima Gang Free Initiative Youth and Family Development Center will be located in the Miller Park Activity Center at 604 North Fourth Street, Yakima, Washington. The CITY has contracted, in a separate agreement, for the Yakima Police Athletic League (YPAL) to manage, operate, and maintain the Miller Park Activity Center consistent with City policies. (a) Confidential Information. All confidential information should be secured by the CONTRACTOR prior to leaving the center. (b) Prohibition Against Possession and/or Consumption of Intoxicating Liquor and/or Marijuana or Marijuana Products. The CONTRACTOR shall not permit any party to possess and/or consume any intoxicating liquor, beer, wine and/or similar beverage/substance, marijuana, and/or marijuana products at the Center and the surrounding property as legally described herein during the term of this Agreement. 6. Hold Harmless A. CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of CONTRACTOR, its elected and appointed officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, GFI Service Provider Agreement/ YPAL/ page 4 costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of CITY, its elected and appointed officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. C. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7. Insurance At all times during performance of the Services, CONTRACTOR shall secure and maintain in effect insurance to protect the CITY and the CONTRACTOR from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. CONTRACTOR shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. A. General Liability Insurance. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. B. Automobile Liability Insurance. B. If CONTRACTOR owns any vehicles, before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of automobile liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. If CONTRACTOR does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance". C. Professional Liability Coverage. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. 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. Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the CONTRACTOR will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no GFI Service Provider Agreement/ YPAL/ page 5 obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this Agreement. D. Under all situations described in this Section the required certificate of insurance shall: Clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect; and ii. Said policy shall be in effect for the duration of this Agreement; and iii. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds; and iv. Shall contain a clause that the CONTRACTOR will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent); and v. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 8. Conflict of Interest and Ethics Laws A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR has interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities under this agreement. B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR shall, prior to the completion of such work and payment for such work, acquire any interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of such work. C. The CONTRACTOR shall not promise or give to any CITY employee anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties. The GFI Service Provider Agreement/ YPAL/ page 6 CONTRACTOR shall not solicit a CITY employee to violate any CITY rule or policy relating to the conduct of contracting parties. D. Nondiscrimination. During the performance of the Agreement, the CONTRACTOR shall not discriminate in violation of any applicable federal state, and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. 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. E. The Americans with Disabilities Act. CONTRACTOR shall 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 with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. F. Compliance with Laws. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement. G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The CONTRACTOR shall immediately notify the CITY if during the term of the agreement it becomes debarred. In the event of such debarment, the CITY may immediately terminate this Agreement by giving written notice to CONTRACTOR. 9. Records, Documents, and Information. All records, documents, writings or other information produced or used by the CONTRACTOR in the performance of this agreement shall be treated according to the following terms: A. The CITY is required by law to comply with the Washington State Public Records Act (PRA). All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the CITY. B. All CITY information which, under the laws of the State of Washington, is classified as public or private, will be treated as such by the CONTRACTOR. Where there is a question as to whether information is public or private, CITY shall make the final determination. The CONTRACTOR shall not use any information, systems, or records made available to it for any purpose other than to fulfill the agreement duties specified herein. The CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of GFI Service Provider Agreement/ \PAL/ page 7 CITY and the State of Washington. The terms of this section shall be included in any subcontracts executed by the CONTRACTOR for work under this agreement. C. All proprietary information of the CONTRACTOR shall be held to be strictly confidential by CITY. Proprietary information is information which, if made public, would put the CONTRACTOR at a disadvantage in the market place and trade of which the CONTRACTOR is a part. The CONTRACTOR is responsible for notifying CITY of the nature of the information prior to its release to CITY. CITY reserves the right to require reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any information to be provided. D. All records relating to costs, work performed and supporting documentation for invoices submitted to CITY by the CONTRACTOR shall be retained and made available by the CONTRACTOR for audit by the State of Washington (including but not limited to CITY, the Auditor of the State of Washington, the Inspector General or duly authorized law enforcement officials) and agencies of the United States government for a minimum of three years after payment for work performed under this agreement. If an audit, litigation, or other action is initiated during this time period, the CONTRACTOR shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later. 10. Rights in Deliverables, Data and Copyrights. The Deliverables provided by the CONTRACTOR under Section 1 and any item produced under this agreement, including any documents, data, photographs and negatives, electronic reports, records, software, source code, or other media, shall become the property of CITY which shall have an unrestricted right to reproduce, distribute, modify, maintain, and use the Deliverables. The CONTRACTOR shall not obtain copyright, patent, or other proprietary protection for the Deliverables. The CONTRACTOR shall not include in any Deliverable any copyrighted matter, unless the copyright owner gives prior written approval to use such copyrighted matter. 11. Suspension and Termination A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of termination, terminate this Agreement as to all or any portion of the Services not then performed, whether or not CONTRACTOR is in breach or default, and with or without cause. Upon receipt of any such notice of termination, the CONTRACTOR shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. CONTRACTOR shall have the same termination rights as the City as specified in Section 11. B. In the event of termination pursuant to section 11A, the CONTRACTOR, shall take all necessary or appropriate steps to limit disbursements and minimize GFI Service Provider Agreement/ YPAL/ page 8 costs, and furnish a report, as of the date of receipt of notice of suspension or termination describing the status of all work under this agreement, including without limitation, results accomplished, conclusions resulting therefrom, and such other matters as CITY may require. In the event of suspension or termination under this Article, the CONTRACTOR shall be entitled to compensation, upon submission of a proper invoice, for the work performed prior to receipt of notice of termination or suspension, which shall be calculated by CITY based onnthe rate set forth in Section 3. CITY shall not be liable for any further claims, and the claims submitted by the CONTRACTOR shall not exceed the total amount of compensation allowed by this agreement. C. If the City purports to terminate or cancel all or any part of this Agreement for CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default which would permit termination or cancellation, such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 11A and the rights of the parties shall be determined accordingly. 12. Breach or Default A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of this Agreement, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONTRACTOR shall be decided by the CITY'S Agreement Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Agreement Representative shall be final and conclusive, subject to the CONTRACTOR'S right to seek judicial relief pursuant to this Section. B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations or duties embodied in this agreement, CITY may exercise all administrative, contractual, equitable or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of subsequent occurrences, and CITY retains the right to exercise all remedies hereinabove mentioned. C. If CITY or the CONTRACTOR fails to perform an obligation or obligations under this agreement and thereafter such failure is waived by the other party, such waiver shall be limited to the particular failure so waived and shall not be deemed to waive other failures hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the CITY contract manager. D. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA, Washington. GFI Service Provider Agreement/ YPAL/ page 9 13. Amendments This writing constitutes the entire agreement between the parties with respect to all matters herein. This agreement may be amended only by a writing signed by both parties. However, it is agreed by the parties that any amendments to laws or regulations cited herein will result in the correlative modification of this agreement, without the necessity for executing written amendments. Any written amendments to this agreement shall be prospective in nature. When a new or different term or condition is added, additional consideration is not necessary to bind the parties. 14. Assignment The CONTRACTOR shall not assign any interest (including subcontracts) in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of CITY. Any such assignments or subcontracts shall be submitted for CITY's review ninety (90) days prior to the desired effective date. Approval by CITY shall not be deemed to increase in any manner the total compensation provided for in this agreement. 15. Drug Free Workplace The CONTRACTOR shall comply with all applicable state and federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR shall make a good faith effort to ensure that all employees of the CONTRACTOR do not purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription drugs in any way while working on state, county, or municipal property. 16. Construction This agreement shall be governed, construed and enforced in accordance with the laws of the State of Washington. Should any portion of this agreement be found unenforceable by operation of statute or by administrative or judicial decision, the enforceability of the balance of this agreement shall not be affected thereby, provided that the absence of the unenforceable provision does not render the performance of the remainder of the agreement impossible. 17. Written Notices All written notices required by this Agreement shall be in writing and deemed received if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage pre -paid, to the addresses set forth hereunder or to such other addresses designated in writing by any of the parties in accordance with this provision. In case of CITY, to: Anthony O'Rourke City Manager 129 North Second Street Yakima, WA 98901 In case of CONTRACTOR, to: Linda Kraft Executive Director 1602 North 1st Street GFI Service Provider Agreement/ YPAL/ page 10 Yakima, WA 98903 18. 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. IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. CITY CONTACTOR Antho City s y O'Rourke Linda Kraft nager Executive Director ertd2 ,- ure Signature Date: t t CITY CONTRAC r NO6'02^ I D 9 RESOLUTION NO: b"- (i) O GFI Service Provider Agreement/ YPAL/ page 11 Date: dal - g " f ;— CITY OF YAKIMA Request for Qualifications No. 11221-P To Provide Yakima Gang Free Initiative Youth & Family Development Programming September 6, 2012 RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 1 of 29 Notice to Proposers Request for Qualifications (RFQ) No. 11221-P Notice is hereby given by the undersigned that sealed Requests for Qualifications will be accepted in the office of Yakima City Purchasing, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 2:00 PM, September 21, 2012. At such time, all Respondents names will be publicly read and proposals received will be opened and accepted for consideration for: Yakima Gang Free Initiative Youth & Family Development Programming The City of Yakima has set aside up to $140,000 for professional services and reimbursable expenses for Youth & Family Development programming. The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide gang prevention and intervention services as specified in the RFQ Scope of Work. This RFQ is being funded in part by the "Yakima County Youth Services" Federal Grant and "Yakima County Gang Resistance & Intervention Project" Federal Grant. It is the policy of the City of Yakima that women and minority business enterprises shall have the maximum opportunity to participate in the performance of work relating to the City's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance with state and federal rules and regulations to ensure women and minority business enterprises the maximum opportunity to compete for and to perform contracts. Request for Qualification Packets are available in the office of the Purchasing Manager, City Hall, 129 N 2nd Street, Yakima, Washington, 98901. 509-575-6093. Packets are also available on the City's Purchasing Webpage at www.ci.yakima.wa.us. The City of Yakima reserves the right to reject any and all RFQ's. Dated this 6th day of September, 2012. (Seal) Colleen Bailey, CPPB Purchasing Buyer II Publish on: September 6th and 7th RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 2 of 29 CITY OF YAKIMA REQUEST FOR QUALIFICATIONS NO. 11221-P Yakima Gang Free Initiative — Youth & Family Development Programming This Request for Qualifications (RFQ) invites responses from applicants interested in providing Youth & Family Development Programming for the Yakima Gang Free Initiative (GFI). 1. PURPOSE: The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide services as specified in the RFQ scope of work. 2. DEFINITIONS: A. City The City of Yakima, Washington, and its departments. B. Applicant The person or firm submitting the proposal. C. RFQ The Request for Qualification, including any amendments or other addenda hereto. In case of conflict between the RFQ and exhibits, the RFQ governs. D. Selection Committee The RFQ Selection Committee is comprised of the RFQ Coordinator, City Council Public Safety Committee, City staff and GFI Advisory Group. Committee will not exceed 7 people. E. Qualification Packet/ProposalThe materials submitted by each Applicant in response to the RFQ, including all attachments. 3. RFQ ADMINISTRATION: Upon release of this RFQ, all applicant communication should be directed in writing to the RFQ Coordinator listed below. Any oral communications with other City employees will be considered unofficial and non-binding on the City. 4. RFQ COORDINATOR: The RFQ Coordinator is: Colleen Bailey, Purchasing Buyer II City of Yakima 129 No. 2nd Street Yakima, WA 98901 Ph: 509-576-6787 Email: colleen.bailey@yakimawa.gov 5. PRELIMINARY RFQ SCHEDULE (may be revised as needed): Date RFQ Released 09/06/2012 Qualification Packets Due 09/21/2012 at 2:00 P.M. Interviews TBD Faxing or mailing of letters to successful applicant TBD Contract Negotiations TBD Award of Contract by City Council TBD Proposed Start Date TBD RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 3 of 29 6. A BRIEF DESCRIPTION OF THE GANG FREE INITIATIVE: The City of Yakima GFI is based on the five principles of the Office of Juvenile Justice and Delinquency Prevention's Comprehensive Gang Model. This model and other "Best Practices" are being used by communities across the country to effectively address gang crime and violence. The mission of the Yakima Gang Free Initiative is to engage the community to develop suppression, prevention and intervention strategies that support and promote positive youth development. The City of Yakima has appointed an advisory group for implementation of the GFI Action Plan. The City of Yakima Community Action Plan for the Prevention, Intervention, and Suppression of Gangs (The Plan) represents the recommendations of the GFI Advisory Group to the City of Yakima for addressing the gang issue (can be viewed at http://www.yakimawa.gov/services/purchasing/openings/). Unlike other plans, it emphasizes prevention and intervention strategies at the neighborhood level and positions the City of Yakima together with community partners in a researched based, data driven, and outcome focused effort over the next 3 to 5 years. Four central assumptions frame the overall architecture to the Committee's recommended strategy. The City of Yakima and its partners endeavor to: A. Facilitate total community involvement through strategic guidance and leadership. B. Prevent the growth of gang activity and violence in Yakima through multidimensional collaborative efforts. C. Pursue necessary funding through collaborative efforts. D. Restore Yakima neighborhoods by reducing gang violence and problem activity throughout the City. While key findings are outlined in the Introduction to this Plan, the Advisory Group's Community Action Plan is based on the following fundamental constructs: E. A multidimensional anti -gang strategy should target youth between the ages 11-20 who exhibit high-risk behaviors and gang involvement. F. Young people who would move up the ladder of gang membership and activity are those who commit intentional acts of violence or are arrested for gang related incidents. G. The impact of gang members' actions not only adversely affects their parents, siblings, and other family members but the whole community—including the victims of gang violence who must deal with the horror of losing a loved one and the agony of having to deal with a variety of agencies to get restitution and support. H. No single program will fix the gang problems in our community. I. Strong public leadership by the City Council, City Manager and Chief of Police is essential. J. A coordinated and organized effort among all City departments, other government and community agencies is required to see results that integrate prevention, intervention, and suppression. K. To be effective, all programs and services focused on gang prevention and intervention must be culturally competent, linguistically sensitive, and accessible to the entire community. These constructs must be evident in the partnership agreements entered into by collaborating entities with the City of Yakima. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 4 of 29 This action plan targets the greater City of Yakima with special emphasis on "hubs" of gang activity in three neighborhoods—Northeast, North Central, and Southeast. In addition the Committee has established the following goals: 1) Establish the OJJDP Comprehensive Gang Model as the operating system, and 2) Reduce youth crime, violence, delinquency and academic failure through the prevention, intervention and suppression of youth gangs. Focusing on the goals stated above, the Advisory Group recommends to the City of Yakima the following five strategic objectives: Objective 1: Establish an effective coordinated collaboration process to impact gang activity citywide. Objective 2: Develop joint partnerships to help address the gang issues within the City of Yakima. Objective 3: Establish a data and research analysis process to keep the City Council, City Manager and GFI Committee aware of gang trends and anti -gang research on an ongoing basis. Objective 4: Based on existing funding, build capacity in existing, effective and promising gang prevention and intervention programs/strategies on a neighborhood basis. Objective 5: Develop a sustainable funding strategy for the Community Action Plan. 7. DEADLINE FOR DELIVERY OF QUALIFICATION PACKETS/PROPOSALS: One original Qualification Packet/Proposal with six (6) complete copies and one (1) complete copy on disc (CD), to be submitted to and date stamped by the City Purchasing Office: City of Yakima Purchasing Office 129 No. 2nd St. Yakima, WA 98901 Qualification Packets/Proposals must be received and stamped in by 2:00 p.m. on September 21, 2012, in a sealed package labeled RFQ No. 11221-P Yakima Gang Free Initiative - Youth & Family Development Programming, with the date and time of proposal opening written on the face of it. If you plan on attending the proposal opening, DO NOT BRING YOUR PROPOSAL WITH YOU INTO THE OPENING ROOM. It must be received and date stamped by the Purchasing Office. FAXED OR E-MAILED PACKETS WILL NOT BE ACCEPTED. QUALIFICATION PACKETS RECEIVED AFTER 2:00 P.M. PST, September 21, 2012 WILL NOT BE ELIGIBLE FOR CONSIDERATION. THE DEADLINE WILL BE STRICTLY ADHERED TO. LATE PROPOSALS WILL NOT BE CONSIDERED. Qualification Packets, which do not include all requested information and required documentation, may be considered non-responsive. 8. CONTRACT PERIOD: Projects will be funded for one 12 -month contract period, October 1, 2012 – September 30, 2013 (may be revised as needed). Non-competitive continuation requests will be considered up to five years depending on performance and availability of funds. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 5 of 29 9. PROPOSED SCOPE OF SERVICES: The City Administration and the City Council will prioritize funding of existing, effective, promising programs that establish targets for outcomes and outputs in a coordinated and collaborative manner with the City's funding source, i.e. Parks and Recreation, Police Department or private foundations. In addition, the City will enter into collaborative funding ventures only in instances where the partner has provided assurances regarding the use of evidence based programs and adherence with the core operating principles adopted by the GFI Advisory Group. Applicants may submit qualifications for one or more of the following prevention and intervention service components: A. Outreach The primary focus of the outreach services is to build an ongoing and pro -social relationship with youth and families while linking them to appropriate services. Targeted outreach should focus on core gang involved youth, with special capacity to connect pre -adjudication and in the local community setting. Outreach activities should be carefully integrated with existing and new prevention services not to become a primary focus, but rather as a means to build relationships with clients and provide access to essential resources and services. Outreach should describe a method for providing information that helps the Youth Development Team gain a better understanding of the issues within the target population and in the target area so that team interactions with gang members will be more informed. The GFI Advisory Group recommends that outreach be conducted in a manner that includes the following routine activities: 1) Identify youths' needs and goals to help the team develop a more comprehensive intervention plan. 2) Coach and provide role models for each youth. 3) Coordinate appropriate crisis responses to project clients following episodes of violence in the community. 4) Provide assistance to families in distress, ranging from accessing basic services to helping resolve family conflicts. 5) Visit clients who are incarcerated and helping to reconnect them to services when they are released from custody. 6) Resolve conflicts and/or mediating between clients, their families, other youth, and/or agencies. 7) Act as a liaison between project clients and service providers/schools to facilitate client access to services. 8) Work with clients who are seeking employment, from helping these youth develop resumes, to identifying their skills and qualifications, to helping them apply for jobs or work with workforce services programs. 9) Conduct gang awareness presentations in schools. B. Referral & Screening The GFI Advisory Group recommends that a referral and screening mechanism be established. Referral is an informal, ongoing process for reviewing information related to youth who show signs of being at risk of gang involvement or have been determined to be gang involved. The referral process should integrate with the Youth Development Team review of screening and other information on targeted youth, and the Youth Development Teams decision about whether to add the youth to the caseload. Screening or "Triage" is a brief assessment of the youth's current status to determine individual and family priorities. It is important that team members create a protocol for screening and assessing new clients. Outreach workers present information about prospective youth to the Youth Development RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 6 of 29 Team, outlining how each youth meets the screening criteria. The team members can then come to consensus about whether a youth is suitable for case management. A screening team including outreach workers and members of the Youth Development Team should meet regularly to review the referral materials that have come in. The screening process may indicate the need to refer the youth to crisis services. Upon gathering all information and determining eligibility based on the established criteria, the screening team will make a determination. They will also take into consideration the ability of the program to serve the family based on current caseloads. A waiting list could be created in the future if we reach capacity. C. Individual Needs Assessments Proposal should describe an individual needs assessment instrument either in existence or to be developed that will ascertain the status of each client when he/she is accepted into the project. Needs Assessment services should be appropriate for diagnosis, placement, and treatment planning and applicable in a variety of settings (i.e., school, jail, social service). The assessment should include information on: 1) The client's future goals, abilities, talents, and desires. 2) Family situation and structure. 3) Gang involvement of family members. 4) Other family issues that may affect the client's gang involvement. 5) Criminal history. 6) Gang history (and gang affiliation). 7) School history, including special issues such as learning disabilities or a history of behavioral problems. 8) Gang climate in the client's neighborhood. 9) Substance abuse or mental health issues. 10) History of abuse or neglect. 11) Client's employment history and skill levels. 12) Special circumstances, such as a client who is a teen parent. 13) Agencies that are currently serving the client. 14) Possible safety issues involving the client. 15) Current needs assessments from any of the team agencies. 16) Court requirements such as community service hours and restitution. D. Family Reunifications Services The Advisory Group recommends that a major component of intervention include Family Reunification Services that integrates aspects of family psycho -education, behavioral therapy and multiple -family approaches. In this context FRS will bring families of gang members or those at -risk of joining gangs together for learning and problem -solving, all oriented to the improved functioning both of the family member who's receiving services and the family unit as a whole. The FRS's primary working method is to help each family and youth to apply whole -family guidelines to their specific problems and circumstances. Proposed methodology should be linked to the severity of gang involvement of the youth. The methodology should also maintain stability by systematically applying a group problem -solving method, case-by-case, to difficulties in implementing the whole -family guidelines and fostering change. E. Positive Youth Development Programming Positive Youth Development Programming refers programs and activities that target youth during non - school hours including scheduled school closures (holidays) and summer months. Programming serves to provide an alternative to participation in youth problem behaviors (gangs, delinquency, substance abuse, etc.) Positive Youth Development services should focus on promoting programs that RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 7 of 29 have outcomes that are effective and reflect a direct impact on gangs and at -risk youth's ability to make positive choices. Proposals should describe activities that target one or more of the following strategic actions: 1) Improve Parent/Youth communication. 2) Increase utilization of modern technological mediums including social networking in anti -gang activities. 3) Increase personal discipline, leadership and team playing skills among Yakima youth. 4) Increase opportunities for personal story telling through drama, writing, talking circle as a means for healing, hope giving. 5) Identify and expand opportunities for youth self expression (i.e., artistic, cultural, recreational). 6) Facilitate school reentry. 7) Expand structured out-of-school programming. 8) Expand gun safety education opportunities for youth. 9) Increase target youth understanding of risks associated with substance abuse/misuse. 10) Identify and expand youth supported suppression activities. 11) Increase target youth understanding of risks associated with guns and violence. 12) Identify and expand community supported suppression activities. 10. QUALIFICATION PACKET/PROPOSAL DOCUMENTS: Provide a detailed description of the proposed services including the following: A. Schedule of Activities B. Service Capacity (Number of Youth/Families to be served) C. Staffing and required qualifications D. Intended Outcomes E. 12 month Work Pan F. Literature Citation(s) providing evidence of the effectiveness of the proposed service. 11. QUALIFICATION REQUIREMENT: Applicants should address the following areas in their Qualification Packet: A. Experience: 1) Explain the qualifications your firm has to provide the proposed services. 2) Describe your experience in providing similar services. 3) Describe existing partnerships that may contribute to your success. B. Cultural Competency: 1) Describe your plan for ensuring services and activities which are capable of serving the cultural, economic, language, and other unique characteristics of the targeted population. C. Budget 1) Provide a twelve month total project budget and justification including the following: A. Personnel B. Benefits C. Supplies D. Travel E. Other 2) Provide a description of your agencies matching contribution. Partner agencies will be required to match city funds at a rate of 2 to 1.* For example: An agency requesting $10,000 of City funding, a total of $20,000 must be described as matching contribution for a total project budget of $30,000. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 8 of 29 *MATCH REQUIREMENTS ARE NEGOTIABLE ON A CASE BY CASE BASIS as in the best interest of the City. If your agency submits a budget with less than a 2 to 1 matching contribution a separate request for match reduction and or waiver must be included in your packet. 12. EVALUATION BY ANALYSIS COMMITTEE: All Qualification Packets will be screened to determine whether the minimum requirements of the RFQ are met. The Selection Committee (SC) will then evaluate those proposals, which meet the minimum RFQ requirements. Each responsive proposal will be rated on a point system with the top -scoring proposer selected to enter into negotiations. A. Qualification Evaluation Criteria: The following are the criteria, which will be used in the selection of applicants. A maximum score of 100 points will be used by each evaluator to score applicants. Each of the following elements shall have the stated maximum point value: 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 Qualification and Ex • erience Points 1) Program Description 40 2) Experience (See pg 8 -11) 25 3) Cultural Competency (See p 8-11) 5 4) Budget Appropriateness (See p 8-11) 20 5) Matching Contribution & Sources (See p 8-11) 10 TOTAL 100 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 correct obvious ambiguities and errors in the Contractor's proposal and to waive non -material irregularities and/or omissions. B. Applicant's Cost to Develop Qualification Packet: Costs for developing qualification packets in response to the RFQ are entirely the obligation of the Applicant and shall not be chargeable in any manner to the City. C. Applicants' Questions: Any person contemplating submitting an RFQ who is uncertain as to the intended meaning of any part of the RFQ or other contract documents, or who finds discrepancies in, or omissions from the RFQ may request interpretation, clarification, or correction of this RFQ. Such request must be in writing and must be delivered to the RFQ Coordinator by mail, email, or hand delivery. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFQ will be made only by written addendum and will be mailed or delivered to each person receiving this RFQ, in addition to being posted on the City Purchasing webpage. Any information given to any applicant concerning the solicitation or any changes to the RFQ shall be provided in writing to all applicants to ensure that all applicants receive the same information relating to the RFQ. The City will not be responsible for any other interpretation, clarification, or correction of this RFQ. Applicants must acknowledge receipt of any addenda received in their response by either stating they received the addenda, or returning said addenda with their response. Each applicant should verify that it has received all addenda to this RFQ by direct inquiry to the City Contact Person before submitting proposals. D. Clarification of Responses: As part of the evaluation process, and at the discretion of the SC staff, applicants may be asked to clarify specific points in their respective responses. The SC reserves the right to request oral interviews of applicants. Whether there will be interviews and who will be invited to make a presentation to the SC will be at the sole discretion of the City. E. Proprietary Material Submitted: Any information contained in the RFQ submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a applicant's submittal, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.17 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected applicant has been given an opportunity to seek a court injunction against the requested disclosure. F. Public Disclosure: Proposals shall become the property of the City. All proposals shall be deemed a public record as defined in RCW 42.56 "Public Records." Any proposal containing language which copyrights the proposal, declares the entire proposal to be confidential, declares that the document is the exclusive property of the Applicant, or is any way contrary to state public disclosure laws or this RFP will be declared non responsive and removed from consideration. Any information in the proposal that the successful Applicant desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated as described in Section Proprietary Information. The particular exception from disclosure upon which the Applicant is making the claim and the RFP page it is found on must be identified. RFP's will not be disclosed prior to release to potential respondents. With the exception of lists of prospective Applicants, the City will not disclose RFP records until execution of the contract(s). At that time, all information about the competitive procurement will be available with the exception of: Proprietary/confidential portion(s) of the successful proposal(s), until the Applicant has an adequate opportunity to seek a court order preventing disclosure. The City will consider a Applicant's request for exemption from disclosure; however, the City will make a decision predicated upon RCW 42.56. G. Delegation of Professional Services: The services provided for herein shall be performed by the Contractor, and no person other than regular associates or employees of the Contractor shall be engaged upon such work or services except upon written approval of the SC and/or City. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 10 of 29 H. Relationship between City and Contractor: The Contractor and any authorized subcontractors shall at all times be an independent Contractor and not an agent or representative of the City with regard to performance of the Services. The 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 the City. I. Property Rights: All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project, which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. J. Work Made for Hire: All work the Contractor performs under this agreement shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, reports, and any other materials the Contractor produces in connection with this agreement. On completion or termination of the agreement, the Contractor shall deliver these materials to the City project manager. K. Hold Harmless: The Contractor shall, and hereby agrees to, release, save, otherwise hold harmless and indemnify the City of Yakima from claims, demands, damages, actions, causes of actions or other liability, injury, or harm caused by act or omissions, foreseen or unforeseen, negligent or otherwise, that would otherwise befall said City arising out of the Contractor's implementation of the terms of this contract. L. Non -Discrimination: 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, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. 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. M. The Americans With Disabilities Act: With regard to the services to be performed pursuant to this Agreement, 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 antidiscrimination 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 of employment, public accommodations, state and local government services, and telecommunications. N. Term and Renegotiation: The term shall commence on the date of last signature and terminate twelve (12) months thereafter, unless extended or sooner terminated per the terms and conditions of the resulting negotiated contract. The period of performance may also be extended by mutual written agreement of the parties. The City may, at its option, extend the contract on a year to year basis as budget allows and subject to a successful price agreement. O. Venue: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 11 of 29 P. Insurance and Performance Bond: Professional Liability Insurance, Automobile Insurance, Worker's Compensation Insurance, and/or a Performance Bond may be required of the Contractor and may be part of the resulting negotiated contract. Q. Licenses: If applicable, successful Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575-6121. R. Protest Procedure: Any protest must be made in writing, signed by the protestor, and state that the Applicant is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, faxed to 509-576-6394 or emailed to sownby@ci.yakima.wa.us. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests before award shall be filed five (5) days before the solicitation due date, and protests after the award shall be filed five (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Applicant: Step I: Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the City Purchasing Manager shall issue a decision. This decision shall be delivered in writing to the protesting Applicant. Step II: If unresolved, within three (3) business days after receipt, the protest may be appealed to the Department Head by the Purchasing Manager. Step III: If still unresolved, within three (3) business days after receipt, the protest may be appealed to the City Manager (or his designee). The City Manager shall make a determination in writing to the Applicant. Grounds for Protest Only protests stipulating an issue of fact concerning the following subjects shall be considered: A matter of bias, discrimination, conflict of interest; Solicitation unduly constrains competition or contains inadequate or improper criteria; Errors in computing score; Non-compliance with procedures described in the solicitation or City Policy. Protest Determination Each review and determination of the protest shall issue a decision that either: Finds the protest lacking in merit and upholds the award; or Finds only technical or harmless errors in the acquisition process and determines the City to be in substantial compliance and therefore reject the protest; or Finds merit in the protest and provides options for correction, including, but not limited to, correcting the errors and re-evaluating the bids, reissuing the bid to begin a new process, or entering in to a contract that remedies the protest finding; or Makes other findings and determines other courses of action as appropriate. Timeframe Only protests and complaints received within the required timeframe for protest action are accepted for consideration. Award Announcement Purchasing shall announce the successful bidder via City Website, e-mail, fax, regular mail, or by any other appropriate means. Once the announcement is released by Purchasing, the protest time frame RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 12 of 29 begins. The timeframe is not based upon when the Applicant received the information, but rather when the announcement is issued by Purchasing. Though every effort will be made by Purchasing to distribute the announcement to the interested Applicants, Purchasing is not responsible to assure that Applicants receive the announcement. It is the responsibility of the Applicants to obtain the announcement from Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; A prompt award will otherwise be advantageous to the City. If the award is made, the file must be documented to explain the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 13 of 29 E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E - Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this day of , 20 Signature: Printed Name: Phone #: Email Address: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 14 of 29 Personnel Inventory Form * To Accompany Bid Proposal Firm Name: Contact: Address: Phone Number: City: State: Zip: Type of Service Provided: Are you a certified DBE or WMBE?: YES NO. If yes, what is your certification number? # Contractor's Entire Work Force - if you need additional space, photocopy this section and attach it to this form. Occupation Total Employed Total Minorities African American Asian or Pacific Islander Native American Hispanic or Latino Apprentice Trainee M F M F M F M F M F M F M F Officers Foremen Clerical Totals: Goals for minorities and women employees in the contractor' s and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 15 of 29 Exhibit A GENERAL FEDERAL TERMS THAT WILL BE ADDED TO CONTRACT 10. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 16 of 29 APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 17 of 29 11. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FED does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FED Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FED Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FED Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FED Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 18 of 29 Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FED Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FED does not require the inclusion of these requirements in subcontracts. 12. FEDERAL CHANGES 49 CFR Part 18 Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FED. Federal Changes - Contractor shall at all times comply with all applicable FED regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FED, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 21. TERMINATION 49 U.S.C. Part 18 FED Circular 4220.1E Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 19 of 29 Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FED does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 20 of 29 e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 21 of 29 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 22 of 29 If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 23 of 29 The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 23. PRIVACY ACT 5 U.S.C. 552 Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for Federal Funding, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Flow Down The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Model Clause/Language The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FED. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FED. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 24 of 29 24. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FED has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FED may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (b) Acre - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 25 of 29 (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FED, modified only if necessary to identify the affected parties. 25. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FED Circular 4220.1E Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FED does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FED third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 26 of 29 Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Background and Applicability The newest version on the Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 27 of 29 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror' s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the {insert agency name} and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name}. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 28 of 29 29. STATE AND LOCAL LAW DISCLAIMER Applicability to Contract This disclaimer applies to all contracts. Flow Down The Disclaimer has unlimited flow down. Clause/Language State and Local Law Disclaimer — The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 29 of 29 Yakima Police Activities League 602 N. Fourth Street, Yakima, WA 98901 509-575-6180 directoral.org September 19, 2012 Colleen Bailey, Purchasing Buyer II RFQ Coordinator City of Yakima 129 N. 2"d Street Yakima, WA 98901 With this letter and attached proposal, the Yakima Police Activities League (Yakima PAL) is proud to present our qualifications to serve as a provider of services in this exciting collaborative process that desires to establish the OJJDP Comprehensive Gang Model in Yakima as the operating system. Yakima PAL shares your primary objectives and would be honored to work with the community through vital partnerships to achieve them. Ilikima PAL is an established nonprofit organization established ten years ago by people with a passion and vision for youth crime prevention activities. Our activities are coordinated at a site located at 602 N. Fourth Street, at the Miller Park Center. We have had tremendous growth and positive change in the last couple years, and stand ready to work hard with other dedicated community members to create positive, measurable change. Our work will be accomplished by staff and numerous volunteers, with a mission to serve at risk youth and fragile families of Yakima. It is our intention to subcontract with Yakima Valley Farm Workers Clinic to introduce an additional continuum of service by this coming year. We would like to make behavior specialists available to families and youth who work on site each week to evaluate and make any necessary referrals to appropriate resources. Life skills coaching will also be made available to children and families. Additionally, we have been chosen by the National Fatherhood Alliance to become a certified, trained Dads 24/7 site. Yakima PAL wants to help fathers develop confidence and skills to become effective influencers in their children's live. According to the most recent research by the Human Health Services division of Administration for Families and Children, this work can be one of the most advantageous undertakings a community can support that modifies youth crime behavior significantly. We would like to take this opportunity to thank the men and women who have worked hard to plan for this collaboration, and we are thankful for your commitment to this initiative. We look forward to hearing from you. Ed Shoenbach, Chairman • Q Linda Kraft, Execu e Director Introduction The Yakima Gang Free Initiative has issued a Request for Qualifications (RFQ) to provide on-going, effective, promising programs that establish targets for outcomes and inputs in a coordinated and collaborative manner. This proposal is submitted by the Yakima Police Activities League in response to the RFQ. The Yakima Police Activities League was created ten years ago in response to a growing number of youth becoming involved in gang activity, a large teen population who were truant from school, increasing youth substance abuse issues, and the large number of fragile families who reside in the Yakima Valley. With a mission to implement programs in a collaborative manner which would target youth who had not yet participated in dangerous activities, this unique nonprofit organization has successfully brought together community segments who share our vision and can commit to our prevention goals. While working very closely with the Yakima Police Department to ensure that area youth would have every opportunity to forge a bond with law enforcement that was positive, enduring, and preventive of crime in its very nature, our organization has now launched into a natural evolution of growth that comes from commitment, lessons learned, and a new time of leadership. In 2011, the board adopted a vision of being a "family friendly center" where parents are more inclusive of activities. Our board of directors shares the City of Yakima's concern about the trending of children who are evermore being raised in fragile families. The federal government defines a fragile family as in which one or more of the following factors influence the members of the family thus opening the gateway for problem behaviors: 1. Poor economic and employment status 2. Multi -generations of living in poverty 3. Single -parent family structure 4. Fatherhood absence 5. Neighborhood influences of gangs, substance abuse 6. Lack of transportation We recognize the vast difference in how families look from a generation or two ago. We strive to be a healthy ingredient in these cultural changes, with a long term goal of reducing juvenile crime, school truancy, and unhealthy family behaviors. • 1 Qualifications and Experience The Yakima Police Activities League (Yakima PAL) will bring to the project a team comprised of experienced rununity development citizens. Yakima PAL proposes a team consisting of Linda C. Kraft as project manager. Linda C. Kraft, Executive Director of Yakima PAL, has more than 25 years of experience in organization and community development. Her education is from Central Washington University and Northwestern University. While holding professional degrees, she freely shares that the best education is being able to lead and implement change that comes from the many years of service to the organizations, communities and nonprofits she has been honored to work with. Her primary areas of expertise are in public relations, strategic development, leading change, and designing and developing collaborations. Ms. Kraft served as project administrator for the City of Yakima's Healthy Families initiative during the years of 2005 to 2011. This large collaborative group of family service providers was recognized nationally for their outstanding work and meaningful outcomes that created measurable change. Their domestic violence policy is currently used as the national model by the Center for Domestic Violence, and Ms. Kraft remains on as advisor to the Human Health Services, Administration of Children and Family Services. She also has served under two presidential administrations as an advisor to the President's Commission on changing policy for agencies serving America's families. Her clients have included a number of Northwest organizations including Northwest Food Processors, Tree Top Ingredients Division, Yakima Valley Memorial Hospital, People for People, Washington Apple Snmission, and Lamb -Weston Con Agra. She also led three Washington State county -wide special populations' coalitions for public transportation improvements. Ms. Kraft has been invited to implement a community -wide Fatherhood Initiative by the National Fatherhood Alliance. She has proven to have high commitment to the Yakima Valley for the improvement of all families, and since September 2011, she has brought her leadership to Yakima PAL. Senior Advisor will be Ed Shoenbach. Mr. Shoenbach, president of the board, has over 25 years of administrative experience in planning and implementation for community and regional health care organizations. He holds a degree in counseling psychology and has many years of service to medical organizations in the development of quality initiatives. As the chair of the Yakima PAL board, he has brought a steady and consistent leadership to assist with the growth and development of the nonprofit group. His humble style and quick sense of humor has brought a team of people together who are not only committed to the vision and mission the board has set forth, but they have fun working together as well. The board has been developed to represent a number of community partners, and strategies have been identified as of August 2011 for the success of the organization. • 2 Board of Directors esident Ed Shoenbach Retired Mental Health Administrator & Consultant Vice President Dr. Linda Dale Pacific Northwest University of Health Sciences, Associate Professor of Family Medicine and Director of the physician assistant program of Heritage University Treasurer Secretary • Advisors • Ralph Conner Principal, Larson Allen CPA's Sara Day Vice Principal, Washington Middle School Barbara Oliveras Community Leader and Volunteer Dr. Elaine Baraza Superintendent, Yakima School District Mary O'Brien Clinical Services Manager, Yakima Valley Farm Workers Clinic Sonia Rodriquez -True Private practice attorney Davita Dilbeck Manager, Macy's Dominic Rizzi Chief, Yakima Police Department Kathy Coffey Tony O'Rourke Esmeralda Rivera Yakima City Council City Manager for Yakima Yakima PAL Achievers Graduate 3 Yakima PAL Qualifications akuhe Yakima Police Activities League is somewhat like the little engine that could. It started out small but with t vision,with manyhills to climb. Every community citizen who climbed on board added his or her Y own interpretation, abilities, strengths, and of course weaknesses as the little nonprofit found its way to build enough steam to climb some pretty high hills. After ten years of working hard to build a solid board of directors, working with parents and community partners to find the right program fit, striving to finance a dream, and dealing with a few black eyes along the way, Yakima PAL is forging ahead with unstoppable commitment to our area's families. One of the best ways an organization learns how to provide excellent services is by trying new things and finding either success or failure with those things. What really matters though is that the organization has the leadership and continues to make modifications so that amazing things can be accomplished. Yakima PAL has an extraordinary concept—in the rough. Like a diamond not yet faceted and cut, it is ready to shine outward with connections to those who care about families. The first ten years have taught us how to diversify our funding sources, to create a volunteer program that can work well, how much and when volunteering can be expected from police officers, and how to build leadership at the board level that provides the right connections to bring resources to Yakima's families. We believe we also have found the right leader in our executive "lector, a civilian who has a solid reputation leading collaborative teams and has maintained positive relationships throughout the Yakima Valley. We have made a focused effort to move from a "youth" center to a family -friendly consortium of services. Our activities have evolved from a couple of athletic events to year round youth development programs. We now embrace the addition of family programs, brought to the PAL parents through a host of community partners. We now partner with People for People for transportation issues, work with the area schools to fulfill gaps in after school needs, plans to work with Farm Workers Clinic to identify mental health resources and a place for referrals for children who may need the care they provide. We also work with Pacific Northwest University—taking advantage of young physician leaders for volunteer needs and presentations to our children. We have been invited to share in activities with the faith based organizations so that we can begin to learn how we work together—and relationships with Comprehensive are strong and standing ready to serve our parenting programming needs. Our summer program this year brought new and exciting partnerships, with the Yakima Greenway Foundation, where more than 100 participants joined Yakima PAL police volunteers on a special trip to Boulder Cave. First Tee brought their program to Miller Park where our kids could take advantage of learning a new sport. No partnership is more important than that of the City of Yakima. Without the City's vision for what Yakima PAL can be and the results it could attain, we would not Ike the wonderful site located in the very heart and soul of Northeast Yakima. While our learning is certainly not yet over, we are now evolving to a point where we don't just walk, we want to run with our passion! 4 Five Target Areas for Strategic Actions ilkur activities during the past ten years have targeted and successfully served thousands of visits annually to the ima PAL Center whereY outh and their families are provided mentoring, coaching, teaching, and encouragement in a safe location. Members of the Yakima Police Department Community Services Division have offices at the Center, where they interact regularly with members of the community, especially those who reside in East Yakima. This past year, Yakima PAL has seen an increase in memberships, and also in the number of programs that youth and families are interested in. It is our honor to identify and expand opportunities for youth self-expression through our programming or to find other community programs that best fit their needs. Our activities, from sports that builds athleticism, or a leadership program that builds on- going character strength, to culinary experiences with strategic partners, are designed, monitored, and evaluated to increase personal discipline, leadership and team playing skills among Yakima youth. Key to all our programs is partnership with parents and grandparents, who provide the most important structure of all in the home. We regularly meet with parents, hold events for parents, and have just introduced a parent club for our members' guardians. This important ingredient is vital to the success of any youth program, and we are constantly seeking ways to improve parent/youth communication. Our after-school homework and computer lab provides youth and families the opportunity to increase the utilization of modern technological mediums • luding social networking in anti -gang activities. We currently work with representatives from the Yakima School District to determine how to best expand structured out of school programming, which has included bringing teachers into the site to work with migrant students. During the coming months, we are planning to have a new partnership with Farm Workers Clinic. This will provide two assessment/screening and referrals individuals to enhance opportunities for families and children who are concerned about behavior changes— whether they are depression, suicidal thinking, or substance abuse. Rather than sending and hoping that families will seek services from another agency, we will offer the service at our site for a few hours after school each week. The following information is provided to further describe the activities that target these five strategic actions as outlined from GFI. • 5 Programs: Detailed Description he Yakima Police Activities League would like to be considered an important collaborator in the efforts to erams ro and activities to target youth during non -school hours. Our programming serves to provide p gr g alternatives for youth participation to fight problematic behaviors. We have been serving youth as Yakima's premiere prevention site to the gang problem since 2003. We believe we have the history necessary and are humbly ready to take advantage of our organizational learning. The community cooperation is at an all-time high from many sectors that will ensure a good return on any grant investment we receive. Our programs are led by volunteers, with community sponsorships sought and provided for the costs to ensure our families receive ever improving services. The programs are overseen by our director and the board for quality and effectiveness. We would like to provide greater support to our volunteer leaders, mentors, coaches, and community sponsors. The following programs currently exist at Yakima PAL: Achievers Club This program exists to teach leadership skills and team cooperation amongst its members. Members are carefully chosen and mentored to assure parents, teachers, and others who work with youth that this unique program will serve to mature a child while building good citizenship, pride in self and community, 101 of special focus is enhanced communication skills. Children in this program meet regularly with a Yakima Police Department officer, provide community service to other organizations such as the Capitol Theatre or the celebration of Yakima's sister city during Cinco de Mayo celebrations. Our Achievers have painted over graffiti, planted flowers, and planned and executed celebrations. They are often spotted at community events throughout the year raising funds and meeting the public. Members meet a minimum of once a week, but often attend additional activities that are scheduled such as family movies, outings for hiking, playing golf with First Tee, etc. We would like to expand our program due to the success of graduates (all but three have gone on to college!). Our plan is to break the group into two age groups, with no more than 25 in each club. Because we invite parents to participate, we would be serving up to 50 youth and 100 family members regularly. These sessions are currently managed by Officer Jaime Gonzalez, who has done a superb job in turning many of the youth around through his work with this program. Outcome Measures: 1. Regular attendance at weekly sessions and scheduled community events. 2. Completion of leadership curriculum exercises. 3. Maintain consistently good grades and school attendance—with a goal of higher education. 4. Improved communication with adults and teamwork skills with other youth. 6 Boxing One of the initial programs designed by members of the Yakima Police Department and other community Tubers is the Yakima PAL boxing. A traditional program used at PAL organizations around the United States, the Yakima club often times have past members stop in to share about how the experience changed their lives. For area boys and girls, this is a boxing club that focuses on individual improvement—not being the best in the country, but being one's personal best. This popular athletic activity has become immensely popular with girls as well as boys. This past 12 months, Yakima PAL has seen 50 new members register with the organization. This program provides positive adult role models, and has been led through its initial stages by Lt. Tom Foley, for whom Yakima PAL is grateful to for his time with PAL as a volunteer. Besides learning the finer skills of boxing, youth are introduced to a number positive attributes, such as respect, courage, discipline, physical fitness and nutrition. A key partner in our league's events is Pacific Northwest University which provides physicians for special events and volunteers at the center. Kids in the Kitchen This program meets twice a month and is provided to all Yakima PAL members through a creative collaboration with Yakima Junior League. The Junior League provides planning, volunteers, food, graphic 4su plies, aprons, hats, and the curriculum. Yakima PAL provides referrals and a commercial kitchen. This fun innovative program provides youth and their families with basic food preparation skills and nutritional information. Wrestling What began as a group of East Valley students and their coach using the Yakima PAL wrestling area has grown to a team comprised of 5-14 year olds, with four coaches and several parent advisors. This amazing program provides structure for our area children, at a low cost to their parents. Of all the sports choices a parent and child can make, we believe wrestling is perhaps the best sport for overall physical development because it involves all muscle groups. It requires great balance, speed, agility and is intense. Our coaches focus on self- reliance, self-discipline, self-confidence, self-respect, respect for others and responsibility. We also strive to teach goal setting, mental toughness, and drive and determination. Wrestling meets a minimum of three days per week as an after school program. A fourth day is used to help those youths who are competing in tournaments on weekends. Yakima youth are led by volunteers, and they often win state, regional and even national events. At the end of the 2012 season, we had more than 50 •stlers and their families use the facilities. 7 Recreation Room Sometimes kids just want to be kids—and to have fun in a safe, supervised environment. And that is what our • room is for located at the PAL center. Area high school students who are looking for opportunities for community service credits, often choose Yakima PAL's rec room as a place to test their leadership skills. This is a place where kids can hang out, just talk with each other, or play on the Wii, play ping pong, use our billiards, or play board games. This is a family friendly area, and one that is as dynamic as the volunteers who run this room choose to make it. The items, including furniture, in this room have been donated by sponsors who share our vision: before a kid can go places, they need a place. This area of Yakima PAL is intended for teaching eye/hand coordination, sportsmanship, the importance of fun, communication, and as an entry point into our system until a child and his or her family can decide on a more dedicated activity. Classroom and Computer Lab We feel that homework should come first for our members. With this in mind, we maintain a classroom environment that includes computers, screens, and printers for the kids to use for homework or computer skill building. A volunteer teacher(s) provide assistance to our kids as necessary. One young lady who was •e1lin in boxing but having trouble with introductory algebra was tutored to keep her grades high. The incentive may well have been to stay in the boxing program, but the outcome was clear. This area was also used in 2012 for a collaborative program serving Yakima School District migrant children. With a program for 1-5 year olds kitty -comer from our building, parents were looking for a place for 6+ aged children to receive additional help from teachers. So with referrals from Ready by Five staff and parents, our program that collaborated with three community partners was born. The school district provided the budget for the teachers, Yakima PAL provided the facility and computers, and Ready by Five provided a nightly meal. This program was held every evening except Friday, when the youth participated in a movie night at Yakima PAL. The educational focus was intense, but trust in police officers and others grew immensely. We had a dozen children sign up to be members at Yakima PAL who then participated in summer programming. Manners Matter This program is held every other year, and is funded partially by Zonta Club. A national curriculum is used to teach girls from area middle schools about manners, presenting themselves in social situations, and how to carry conversation over dinner. It also includes self-defense education from the Yakima Police Department. We expect outcomes for the girls will be to learn about self–respect, dressing appropriately, wearing make-up that is age appropriate, and gain 8 self-confidence in all social settings. They learn about respect, integrity, and trust worthiness in this all girl program. Above all, that they respect themselves and their bodies. •kima PAL is growing! The following programs are currently in various development stages, with roll outs expected no later than 2013: Culinary Arts and Foodservice: utilizing the commercial kitchen at the Yakima PAL center will enable us to run a multi-year youth program that begins with the fundamentals of kitchen safety and sanitation—and relatively simple recipes that can be created and frozen for later consumption at events. Children will receive their food handler's permit, and will cook with one or more local well-known chefs. By year five it is our intention that youth in this program will be graduated as Yakima PAL certified, and ready to work in area foodservice businesses. They will know kitchen sanitation, knife safety, ingredient prep, nutrition, customer service, and have learned a good work ethic. We also intend to serve seniors in the area near the Yakima PAL center so that youths, parents and guests will see how they are inter -connected, thus facilitating bringing the community together for better communication, teamwork, safety and crime fighting. Fatherhood Initiative Sdma PAL is planning to implement a 24/7 Dads Program in the community. At the heart of the program is a curriculum from the National Fatherhood Alliance. The program is planned by dads, facilitated by dads, and funded by dads—empowered by Yakima PAL. Because we believe that dads matter so very much, whether in the home full time or a partial time outside of the home, we want to strengthen and under grid this vital community need. We are currently in conversations with area partners who share our vision and would like to collaborate with us. Our executive director has researched the program in Anchorage and feels that it is culturally appropriate and cost effective with outcomes that are likely to change the community. This curriculum is also available in Spanish (Siempre Papa). An important aspect of this initiative is that it will also facilitate community attitude improvements about the role and honor that men have in children's lives. An important partner in our conversations is the Washington State Department of Child Support. We would like to pilot our program with them to measure increased communication between parents who are not together and measure outcomes for women, fathers, and children. A community impact anticipated is that from hospitals to schools to nonprofit providers, men would be treated in a manner that is more inclusive of their child's success. •nded outcomes for our fatherhood program include building men's confidence: 1. Fathers see that getting their children to school is important. 9 ' 2. Fathers help their children get good grades. 3. Fathers see themselves helping children to enjoy school. 4. Fathers help to ensure children are physically fit. 5. Fathers are involved with children in activities that provide them with good social experiences. 6. Fathers help children make good choices making friends. 7. Fathers find time for leisure activities with children. 8. Fathers are able to prevent children from doing things they do not want their children doing outside the home. 9. Fathers keep trying when things are going badly. 10. Fathers can get rid of self- doubts when they've had tough setbacks. 11. Fathers help their child bounce back after they tried their best and failed. Parent's Club We realize that no matter how much time and attention we spend on youth who visit our site during the year, we can never begin to replace parents who possess confidence and skills in raising their children in healthful ways. This year we are introducing a Parents Club, which is being planned and facilitated by a young physician from the Pacific Northwest University. Parents will have input into what they would like to see, how they would like Oe measured for success after attendance in the club, and the kind of activities they see as valuable. We anticipate offering relationship education to strengthen pair bonding and reduce domestic violence, fiscal literacy, parenting classes, nutrition and physical fitness, and fun activities for bonding. A number of community partners are formulating the role they would like to have with Yakima PAL. Response has been rewarding, and the faith -based community has offered to step up to the plate to help with this. • 10 Proposed Schedule of Activities : Yakima PAL Center Board Meeting Proposed Schedule of Activities Monthly. Third Wednesday. 12:00 pm to 1:30 pm. Combined Staff Meeting Coaches/Leaders Meeting Achiever's Club Boxing Wrestling Kids in the Kitchen Classroom/Computer Lab Parent's Club Manners Matter YPAL/YPD. Weekly on Tuesday. 2:00 pm. Quarterly. First Thursday of quarter. 3:00 pm. Weekly. Monday at 3:30 pm. Year round. M-T-W-TH, with Friday special practice. 4:00 pm to 5:30 pm. Year round. T -W -F 6:00 pm to 8:00 pm. October - April. Monthly. Second and Fourth Thursday. 6:00 pm to 8:00 pm. September - April. M -F 3:30 pm to 6:00 pm. September - June. Monthly. Second Tuesday. 6:00 pm to 8:00 pm. Year round Weekly. 3:30 pm to 5:00 pm for 8 weeks. We are currently planning for the addition of several new programs, but scheduling must be done with our volunteers. All activities will be offered after school, on holidays, or on weekends during the school year; and additional day -time offerings made available as they are every year for our summer programing. • • 11 ACTIVITY Work Plan 2012-2013 vrganizational New Website from National PAL (data management, parent e-mail, etc.) Parents provide grades to ensure standards are niet Grant Seeking Board Development & Training Donor Database & Communication System Strategic Planning with Board and stakeholders Activities Coordinator Position created City of Yakima Volunteer Program with city manager Faith -based partnerships developed Board Fundraising Event ACTIVITY OBJECTIVE Boxing Coaches Training Sponsorship Drive Youth Sponsors Tournament Media Relations Awards Banquet Ow Enforcement Wrestling Order new mats Coaches Training Sponsorship Drive Media Relations Youth Outcomes Law Enforcement Leadership Club Implement new curriculum Measure outcomes College scholarships Sponsorships Community Events Media Relations Computer Lab/Classroom Update Technology Volunteer Recruitment Literacy Program *rant partnership Develop standards Fundraising Fundraising Fundraising Influencing Satisfied Volunteers Bonding with officer Health standards Develop standards Fundraising influencing Measuring Bonding with officer Structure Structure Youth Encouragement Funding Development PR Increase Use Mentoring Reading Skills Youth activity TARGET Regional Coaches Business partners Individuals, Organizations Regional Boxing Clubs Yakima Valley Media Coaches, Volunteers Yakima Valley Officers Coach involvement YPAL coaches Business partners Yakima Valley Media Schools, Parents Yakima Valley Officers Youths 8-18 Volunteers Achiever Grads Individuals, businesses Youth Area Media Youths 8-18 Retired teachers, faith -based input Partnership with Yak Schools Partnership with Yak Schools 5/30 11/30 Ongoing 1/15 6/1 8/1 11/1 12/1 Ongoing 10/15 DUE 11/15 12/15 1/15 4/1 Ongoing 3/15 12/1 11/15 11/15 12/15 Ongoing 4i1 12/1 10/1 3/1 6/1 Ongoing Ongoing Ongoing 12 Culinary Program Recruit high profile chefs Partnership Discussion ant Seeking ding event Determine curriculum Media Relations Kitchen Updates/Inspection Procurement of Staples Create one-year business plan Parent Club PNU to lead as volunteers Parent Recruitment Curriculum/Events flan Holiday Party Full Implementation Outcome Measures Fundraising Fatherhood (24/7 Dads) Collaborations determined Facilitator Training 24/7 Dad Club Screening/Referrals 411) Assessment and Referral Collaboration with Farm Workers Secure Funding Notify parents, volunteer, media National Depression Day activities Funding partners Foodservice Providers Funding Fundraising/Friend raising Standards, Outcomes PR Safety Standards Program Supplies Club Planning Club Planning Schedule of Events Recruit Parents Monthly Sessions Held Standards Financial Stability Volunteer Led Quality Leadership Established Fatherhood Confidence Comprehensive Services MOU 58,000 Marketing Suicide Prevention Restaurants Youth/Family Inst. Youth/Grower groups Yak Jr. League Area Media Donors Volunteers Parents Parents Parents/Youth Parents Volunteers Business Partners Faith -based Comm. Dads Dads Families Mental health Youth/families Community Youth 12/1 12/1 12/1 12/1 1 2/ 1 12/1 3/1 3/1 4/1 12/1 12/1 12/1 12/15 ongoing 6/1 4/1 3/1 5/15 6/1 6/1 9/31 10/30 11/15 11/15 • 13 • Budget The following is a proposed budget. We are seeking a minimum of one third of our total operational budget Om the GFI, understanding that we will be responsible for raising match of two thirds. Annual Proposed Budged for Yakima PAL Services: Revenue Expenses • • Contributions from Individuals or Businesses $ 50,000 Grants from Foundations 50,000 Special Fundraising Events 10,000 Contributions from Affiliated Organizations 3,000 United Way of Central Washington 12,000 Government grants (non GFI) 12,000 Membership Dues 2,000 Program Service Fees 3,000 Sales (Materials, Foodservice, Clothing) to Public 5,000 Sales to Members 1,000 Other Revenue (Marketing Sponsorships) 50,000 Total Available for Service Operations $ 198,000 Salaries $ 50,000 Wages 25,000 Employee Benefits 0 Payroll Taxes 5,000 Professional Fees and Contracted Services 9,000 Supplies (Athletic Programs) 6,000 Food Staples and Kitchen Update, Tables & Chairs 5,000 Telephone, Internet, Alarm 2,400 Postage & Shipping 1,000 Printing & Publications 1,000 Travel (tournaments, boxing sparring, achiever's, culinary competitions) 8,000 Conferences, Meetings, Training 3,000 Specific Assistance to Individuals (Youth) 500 Sponsorship to other nonprofit organizations 800 Insurance 9,000 Membership Dues 600 Other Expenses 500 Total Direct Service Expenses $ 198,000 14 Cultural Competency Yakima PAL has always, and remains committed to being competent in the area of providing services in very •turally appropriate ways. The vast numbers of families visiting our site are Hispanic, although we do have some African-American and Native American as well as a number of Caucasian participants. Because of this rich diversity with families coming from a number of homes where family traditions are different, we embrace and welcome all members of the Yakima area to our services. Obviously, many of our families are from less than adequate income homes, with parents who have many different levels of education. Therefore we strive to infuse as much diversity throughout the systems we have in order to learn from one another and provide a mirror to the community we serve. The ways we are ever expanding our competencies to serve families and youth are: • • 1. Multi-ethnic members of board of directors. 2. Gender diversity with both men and women on our board of directors, and staffing/volunteers. 3. Our board represents many income levels and life experiences. Hispanic, Native American, and African American leaders are making decisions and serving as advisors. 4. We provide our written forms, program descriptions, etc. in Spanish. 5. Our food preparation is designed to appeal to the children we serve every week. 6. We partner with other agencies that provide services to the community and provide excellent role models for cultural competency to us. 7. We partner with Yakima Police Department's Community Services and the School Resource Officers to ensure that there is continuity between our two agencies and the most effective arrangement has been when we use Hispanic officers. 15 • APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying,"Reg. 61 Fed. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] \(Q k,; ,v a Po IA-4-tex 4- s i-Q.a94 e- The Contractor, "l KJ A4 A PAL , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if C � Signature of Contractor's Authorized Official n d 4 C(& C_ >CG C tJ-ti ✓€ f 'reciD r- Name and Title of Contractor's Authorized Official Date RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 17 of 29 • E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E - Verify for all newly hired employees during the length of the contract. • 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 1 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: YiKtmA foc,ice vi'nes LEAGUE Dated this a 51- day of SePi- , 20 Signature: J� Printed Name: L vId a C rl i l k - Phone #: 50q L 575 • Email Address: reCbrg yaki P4. o RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 14 of 29 • • • Personnel Inventory Form * To Accompany Bid Proposal * Firm Name: Via 1/ -JM !-I POLI [k ,6rCT7I JI11 -Eontact: LIN DA 11-2A G' -r- - r LEA CL[E Address: (pQ a /V OW—HI , StY z t Phone Number: 50 5-1S (.0I UD City: Y 4 k / MA State: WA" Zip: q8)0 Type of Service Provided: YD u 714 A -C I V I4e7OS TD PTZEV Ear11/4165Ju v07,) Are you a certified DBE or WMBE?: YES NO X. If yes, what is your certification number? Contractor's Entire Work Force - if you need additional space, C We Q rs: photocopy this section and attach it to this form. 4 v er1 u^Gtr 0vcn4n124+iton. / Occupation Total Employed Total Minorities African American Asian or Pacific Islander Native American Hispanic or Latino Apprentice Trainee M F M F M F M F M F M F M F Officers Foremen Clerical f ! 0 V1row- '6 1 0 Totals: Goals for minorities and women employees in the contractor's and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 15 of 29 ADDENDUM #1 YAKIMA POLICE ATHLETIC LEAGUE NEGOTIATED SCOPE OF WORK PROGRAMMING OBJECTIVES: POSITIVE YOUTH DEVELOPMENT, OUTREACH, ASSESSMENT YPAL Life Skills program provides targeted youth with immediate help in the areas of health and wellness; anger, time, and money management; and educational tutoring for the express purpose of mentoring the youth into responsible, positive citizens. Objective 1: Provide life skills programming to 120 youth at risk of gang involvement annually during nonschool hours (3 p.m. — 6 p.m. and weekends). Deliverable(s): Life Skills Program Quarterly Report. Target Date: Due the 15th day following the end of each quarter. Outputs: Three 12 -week life skills program series with up to 40 youth each. 120 youth completing life skills series by October 31, 2013. YPAL outreach services will build ongoing and pro -social relationship with youth and families while linking them to appropriate services. Outreach activities such as recreation and arts will be carefully integrated with existing and new prevention services not to become a primary focus, but rather a means to build relationships with clients and provide access to essential resources and services. Objective 1: Develop outreach policies and procedures targeting youth at risk of or involved in gangs. Deliverable(s): GFI Outreach Policies & Procedures Manual Target Date: 1st Draft by December 31, 2012 Objective 2: Conduct outreach services to 250 youth at risk of or involved in gangs. Deliverable(s): Outreach Quarterly Report Target Date: Due the 15th following the end of each quarter. Outputs: Outreach to 250 youth by October 31, 2013. Objective 3: Conduct a minimum of 4 gang awareness seminars targeting each middle school. Deliverable(s): 4 Gang Awareness Seminars, approximately 1 each quarter. Target Date: Quarterly Outputs: 4 GAS Sign -in Sheets, 4 GAS Agenda, 4 GAS Event Reports by October 31, 2013. GFI Service Provider Agreement/ YPAL/ page 13 Objective 4: Screen a minimum of 50 youth at risk of or involved in gangs to determine appropriate referral. Deliverable(s): Screening Quarterly Report Target Date: Due the 15th following the end of each quarter. Outputs: Screen 50 youth by October 31, 2013. Objective 5: Refer a minimum of 50 youth at risk of or involved in gangs to one or more GFI partner services. Deliverable(s): Referral Quarterly Report Target Date: Due the 15th following the end of each quarter. Outputs: Refer 50 youth by October 31, 2013. YPAL in partnership with YVFWC Behavioral Health Services will provide individual needs assessments to ascertain the status of target youth. The assessment will be used for diagnosis, placement, and treatment planning and applicable in a variety of settings. Objective 1: Develop an individual needs assessment instrument to ascertain the status of each client when he is accepted into the project. The assessment instrument should be used for diagnosis, placement, and treatment planning and applicable in a variety of settings (i.e., school, jail, social service). Deliverable(s): GFI Needs Assessment instrument Target Date: December 31, 2012 Objective 2: Conduct individual needs assessment planning with 50 youth annually. Deliverable(s): Individual Needs Assessment Activity Report Target Date: Quarterly by the 15th following the end of each quarter. Outputs: 50 INA's completed by October 31, 2012. Objective 3: Working with GFI Advisory Group and other Screening & Referral providers to establish and coordinate crisis response mechanism targeting project clients following episodes of violence. Deliverable(s): GFI Crisis Response Protocols. Target Date: 1St Draft January 31, 2012 Yakima County Juvenile Court Yakima County Juvenile Court Targeted Outreach will focus on core gang involved youth, with special capacity to connect pre -adjudication and in the local community setting. Objective 1: Conduct targeted outreach services to 30 high risk and gang involved youth. Deliverable(s): Outreach Quarterly Report GFI Service Provider Agreement/ YPAL/ page 14 Target Date: Due the 15`h following the end of each quarter. Outputs: Outreach to 30 youth by October 31, 2013 Objective 2: Screen and refer targeted youth to GFI Partner Services. Deliverable(s): Screening Quarterly Report Target Date: Due the 15`h following the end of each quarter. Outputs: Screen 30 youth by October 31, 2013. GFI Service Provider Agreement/ YPAL/ page 15 CONTRACT AMENDMENT NO. 1 PROJECT: City of Yakima RFP No. 11221-P DESCRIPTION: Youth & Family Development Programming VENDOR: Yakima Police Athletic League THIS CONTRACT AMENDMENT NO. 1, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter "City") and Yakima Police Athletic League (hereinafter "Contractor"). WHEREAS, City and Yakima Police Athletic League executed a "Contract" on December 13, 2012, providing for positive youth development, outreach and assessment programs for the City pursuant to the above -referenced RFP; and WHEREAS, Section 13 of the Contract authorizes the parties to amend the Contract in accordance with the procedures stated therein; and WHEREAS, both parties have determined that information was inadvertently included in the list of objectives and it is in their mutual interest to remove them from the contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor to remove as follows: ADDENDUM #1 YAKIMA POLICE ATHLETIC LEAGUE NEGOTIATED SCOPE OF WORK Yakima County Juvenile Court Yakima County Juvenile Court Targeted Outreach will focus on core gang involved youth, with special capacity to connect pre -adjudication and in the local community setting. Objective 1: Conduct targeted outreach services to 30 high risk and gang involved youth. Deliverable(s): Outreach Quarterly Report Target Date: Due the 15h following the end of each quarter. Outputs: Outreach to 30 youth by October 31, 2013 Objective 2: Screen and refer targeted youth to GFI Partner Services. Deliverable(s): Screening Quarterly Report Target Date: Due the 15t following the end of each quarter. Outputs: Screen 30 youth by October 31, 2013. 1 Contract amendment #1 for 11221P YPAL CITY O YAKIMAAUT TION - 1410'1 13 y Manager Date CONTRACTOR ACCEPTANCE: Linda Kraft, E ecutive Director CITY cONTRAC t NO: ,,90 �:.�1sG--s--�' RESOLUTION NOL 2 Contract amendment #1 for .11221P YPAL 4-1g- /3 Date CONTRACT AMENDMENT NO. 2 :g RECT: City of Yakima RFP No. 11221-P DESCRIPTION: Youth & Family Development Programming VENDOR: Yakima Police Athletic League THIS- CONTRACT AMENDMENT NO. 2, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter 'O€t:, and Yakima Police Athletic League (hereinafter "Contractor"). WHEREAS, City and Yakima Police Athletic League executed a "Contract" on December 13, 2012, providing for positive youth development, outreach and assessment programs for the City pursuant to the above -referenced RFP; and. WHEREAS, Section 13 of the Contract authorizes the parties to amend the Contract in accordance with the procedures stated therein; and WHEREAS, both parties have agreed to a change the invoicing terms and it is in their mutual interest to modify them from the original contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor to change the invoicing as follows: B. The CONTRACTOR shall invoice CITY me-nthly quarterly in arrears for services performed under this Contract. The CONTRACTOR shall submit a moRthly quarterly invoice no later than the 20th day of the month following the month quarter in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month quarter. The amount of the invoice shall be for erre-twelfth one-fourth of the annual Contract Amount for the current Contrac ear. CITY F YAKIMA ORIZATION: Ton , City Manager Date CONTRACTOR ACCEPTANCE: v Linda Kraft, Exjcutive Director Date CITY CONTRAC r NO: RESOLUTION N0: ` O 1 Contract amendment #2 for 11221P �-/-13 GANG FREE INITIATIVE IMPLEMENTATION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA FAMILY YMCA This AGREEMENT is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation, located at 129 North 2nd Street, Yakima, WA 98901 (hereinafter referred to as CITY), and YAKIMA FAMILY YMCA, a non-profit corporation, located at 5 North Naches Avenue, Yakima, WA 98901 (hereinafter referred to as CONTRACTOR). WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan; and WHEREAS, the City of Yakima at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI; and WHEREAS, YAKIMA FAMILY YMCA, a Washington State non-profit corporation, experienced in Youth and Family Development Programming, has proposed,to provide mentoring service to youth at risk of or involved in gangs; and WHEREAS, YAKIMA FAMILY YMCA has the desired qualification to provide these services; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and YAKIMA FAMILY YMCA as -follows: 1. Scope of Services. The CONTRACTOR agrees to perform these services and work for the CITY in accordance with and as described in the following: A. RFP documents No. 11221, attached hereto and incorporated herein by this reference; and B. Contractor Proposal submitted in response to RFP No.11221, and dated September 20, 2012, attached hereto and incorporated herein by this reference; and C. Addendum #1 to Contractor Proposal, "Negotiated Scope of Work for City of Yakima", attached hereto and incorporated herein by this reference. D. Communication: Regularly communicate with the City of Yakima's Gang Free Initiative (GFI) Director to assure mutual understanding of the work to be performed and the satisfactory completion thereof. GFI Service Provider Agreement/ YMCA/ page 1 E. Background Screening for Contractor and associates: CONTRACTOR shall submit a current list of names, and assignments of all employees and volunteers who will perform work under this Agreement. Prior to each employee and/or volunteer performing work under this Agreement, the CONTRACTOR employee or volunteer must complete and pass a criminal background check. All CONTRACTOR personnel shall pass a Washington Access to Criminal History (WATCH) background check offered by the State Patrol. There will be no exceptions and no substitutions of personnel without prior approved background clearance checks. Background checks will be conducted by the CONTRACTOR, at no cost to the City. Background checks from other sources are not acceptable. Background checks must be provided to the City. 1. Current City employees who have previously undergone a City background check shall not be required to be re -checked. 2. All CONTRACTOR and sub -contractor employees working on this Agreement must be clear of any sexual and drug related convictions. All CONTRACTOR and sub -contractor employees shall be free from any felony convictions. 3. Throughout the life of the Agreement, the City reserves the right to request updated background checks or to have them completed again. F. Changes in Personnel. Changes in the employment and volunteer list shall be reported to Magallan Consultancy GFI Coordinator (509-469- 0591), no less than five (5) business days before the requested changes are to become effective. G. Marketing Materials. CONTRACTOR shall ensure that all marketing materials and announcements for the project are co -branded with the City of Yakima as a partner in the project, and official logos of the City of Yakima shall be used to represent the city in said materials. These materials include, but are not limited to: program brochures, agency reports, print advertisements, posters, internet/website portals, radio and television public service announcements, shirts, hats, etc. 2. Term of Agreement. The term of this agreement shall begin upon execution by both parties and shall terminate upon the completion of all services required hereunder by the CONTRACTOR, but no later than December 31, 2013 unless terminated earlier by the CITY in accordance with Section 11 of this Agreement, or in the event of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.). GFI Service Provider Agreement/ YMCA/ page 2 3. Consideration. As consideration for the services performed under this Agreement, the CITY agrees to compensate the CONTRACTOR in accord with the following terms: A. In consideration for the performance by the CONTRACTOR in accordance with this Agreement the CITY agrees to pay an amount not to exceed Fifteen Thousand Dollars ($15,000.00) to the CONTRACTOR for the work, as set forth in the RFP documents, at the time and manner upon fulfillment of the conditions provided. The amount shall not exceed the said amount without written prior approval from the CITY. B. The CONTRACTOR shall invoice CITY monthly for services performed under this Agreement. The CONTRACTOR shall submit a monthly invoice no later than the 20th day of the month following the month in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month. The amount of the invoice shall be for one -twelfth of the annual Agreement Amount for the current Agreement year. Invoices shall be sent to: MagaIlan Consultancy LLC, ATTN: City of Yakima GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901. The GFI Director is obligated to promptly review invoices and submit to the City. The CITY will reimburse the CONTRACTOR within thirty (30) days of receipt of a valid invoice for the amount of payment due. CITY shall return any invalid or incomplete invoice to the CONTRACTOR within thirty (30) days after CITY receives the invoice. An explanation will accompany the invoice that states the reason for return and any information needed to correct the invoice. Final invoices for services provided under this agreement shall be submitted by the CONTRACTOR no later than ninety (90) days following the termination of the agreement. 4. Independent CONTRACTOR A. No agency, employment, joint venture or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this agreement. Inasmuch as CITY is interested in the CONTRACTOR's end product, CITY does not control the manner in which the CONTRACTOR performs this agreement. CITY is not liable for workers' compensation or unemployment compensation payments required by the State of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities that result from compensation paid to the CONTRACTOR by CITY. CITY will report any payment made under this agreement to the Internal Revenue Service on Form 1099. B. No provision contained in this agreement shall be construed as entitling the CONTRACTOR to participate in hospital plans, medical plans, sick leave benefits, vacation, and other benefits available to employees of CITY. GFI Service Provider Agreement/ YMCA/ page 3 C. The CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to conduct business in Washington have been obtained and are operative. If at any time during the agreement period the CONTRACTOR becomes disqualified from conducting business in Washington, for whatever reason, the CONTRACTOR shall immediately notify CITY of the disqualification. D. The CONTRACTOR shall neither perform work nor submit an invoice for payment for work performed under this agreement for any time period after the termination date set forth in Section 2, above. E. The CONTRACTOR shall furnish its own support staff, materials, equipment and services as necessary for the satisfactory performance of the work described in Section 1, above. Unless otherwise specified in this agreement, CITY will not provide any other staff, services, or material to the CONTRACTOR for the purpose of assisting the CONTRACTOR in the performance of this agreement. 5. Location and Site Use The Yakima Gang Free Initiative Youth and Family Development Center will be located in the Miller Park Activity Center at 604 North Fourth Street, Yakima, Washington. The CITY has contracted with the Yakima Police Athletic League (YPAL) to manage, operate, and maintain the Miller Park Activity Center consistent with City policies. (a) Maintenance of work area. The CONTRACTOR shall keep their immediate work area neat, clean, and in good repair; ordinary wear and tear resulting from careful usage and damage by the elements without fault on the part of the CONTRACTOR alone excepted. (b) Defects. If the CONTRACTOR becomes aware of a defect in the facility, the CONTRACTOR shall immediately notify the YPAL Director or the CITY. (c) Confidential Information. All confidential information should be secured by the CONTRACTOR prior to leaving the center. (d) Alterations, Modifications and Capital Improvements. The CONTRACTOR shall make no alteration, modification, and/or capital improvements to the Center building and surrounding property as legally described herein without the prior written consent of the CITY. Any such alterations, modifications, and/or capital improvements shall be made at the sole expense and cost of the CONTRACTOR unless otherwise provided by mutual written agreement of the parties. (e) Personal Property. The CONTRACTOR shall be responsible for the possession, use, and maintenance of all personal property (including personal property of the City) located at the Center and shall take all GFI Service Provider Agreement/ YMCA/ page 4 (f) reasonable steps to ensure that such personal property is not removed from the Center. The CITY shall be responsible for the repair or replacement of personal property that is owned by the CITY, unless the damage or necessity for repair of the personal property was caused by the CONTRACTOR or results from the negligent use of the personal property by the CONTRACTOR. Prohibition Against Possession and/or Consumption of Intoxicating Liquor and/or Marijuana or Mariivana Products. The CONTRACTOR shall not permit any party to possess and/or consume any intoxicating liquor, beer, wine and/or similar beverage/substance, marijuana, and/or marijuana products at the Center and the surrounding property as legally described herein during the term of this Agreement. 6. Hold Harmless A. CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, the YAKIMA POLICE ATHLETIC LEAGUE, their elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of CONTRACTOR, its elected and appointed officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits; and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of CITY, its elected and appointed officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. C. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7. Insurance At all times during performance of the Services, CONTRACTOR shall secure and maintain in effect insurance to protect the CITY, Yakima Police Athletic League and the CONTRACTOR from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. CONTRACTOR shall provide and maintain in force insurance in limits no GFI Service Provider Agreement/ YMCA/ page 5 less than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. A. General Liability Insurance. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. B. Automobile Liability Insurance. B. If CONTRACTOR owns any vehicles, before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of automobile liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. If CONTRACTOR does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance". C. Professional Liability Coverage. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. 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. Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the CONTRACTOR will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this Agreement. D. Under all situations described in this Section the required certificate of insurance shall: i. Clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect; and ii. Said policy shall be in effect for the duration of this Agreement; and GFI Service Provider Agreement/ YMCA/ page 6 iii. The policy shall name the CITY, the Yakima Police Athletic League, their elected and appointed officials, officers, agents, employees, and volunteers as additional insureds; and iv. Shall contain a clause that the CONTRACTOR will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent); and v. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 8. Conflict of Interest and Ethics Laws A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR has interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities under this agreement. B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR shall, prior to the completion of such work and payment for such work, acquire any interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of such work. C. The CONTRACTOR shall not promise or give to any CITY employee anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties. The CONTRACTOR shall not solicit a CITY employee to violate any CITY rule or policy relating to the conduct of contracting parties. D. Nondiscrimination. During the performance of the Agreement, the CONTRACTOR shall not discriminate in violation of any applicable federal state, and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. 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. GFI Service Provider Agreement/ YMCA/ page 7 E. The Americans with Disabilities Act. CONTRACTOR shall 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 with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. F. Compliance with Laws. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement. G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The CONTRACTOR shall immediately notify the CITY if during the term of the agreement it becomes debarred. In the event of such debarment, the CITY may immediately terminate this Agreement by giving written notice to CONTRACTOR. 9. Records, Documents, and Information. All records, documents, writings or other information produced or used by the CONTRACTOR in the performance of this agreement shall be treated according to the following terms: A. The CITY is required by law to comply with the Washington State Public Records Act (PRA). All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the CITY. B. All CITY information which, under the laws of the State of Washington, is classified as public or private, will be treated as such by the CONTRACTOR. Where there is a question as to whether information is public or private, CITY shall make the final determination. The CONTRACTOR shall not use any information, systems, or records made available to it for any purpose other than to fulfill the agreement duties specified herein. The CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of CITY and the State of Washington. The terms of this section shall be included in any subcontracts executed by the CONTRACTOR for work under this agreement. C. All proprietary information of the CONTRACTOR shall be held to be strictly confidential by CITY. Proprietary information is information which, if made public, would put the CONTRACTOR at a disadvantage in the market place and trade of which the CONTRACTOR is a part. The CONTRACTOR is responsible for notifying CITY of the nature of the information prior to its release to CITY. CITY reserves the right to require reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any information to be provided. GFI Service Provider Agreement/ YMCA/ page 8 D. All records relating to costs, work performed and supporting documentation for invoices submitted to CITY by the CONTRACTOR shall be retained and made available by the CONTRACTOR for audit by the State of Washington (including but not limited to CITY, the Auditor of the State of Washington, the Inspector General or duly authorized law enforcement officials) and agencies of the United States government for a minimum of three years after payment for work performed under this agreement. If an audit, litigation, or other action is initiated during this time period, the CONTRACTOR shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later. 10. Rights in Deliverables, Data and Copyrights. The Deliverables provided by the CONTRACTOR under Section 1 and any item produced under this agreement, including any documents, data, photographs and negatives, electronic reports, records, software, source code, or other media, shall become the property of CITY which shall have an unrestricted right to reproduce, distribute, modify, maintain, and use the Deliverables. The CONTRACTOR shall not obtain copyright, patent, or other proprietary protection for the Deliverables. The CONTRACTOR shall not include in any Deliverable any copyrighted matter, unless the copyright owner gives prior written approval to use such copyrighted matter. 11. Suspension and Termination A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of termination, terminate this Agreement as to all or any portion of the Services not then performed, whether or not CONTRACTOR is in breach or default, and with or without cause. Upon receipt of any such notice of termination, the CONTRACTOR shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. CONTRACTOR shall have the same termination rights as the City as specified in Section 11. B. In the event of termination pursuant to section 11A, the CONTRACTOR, shall take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report, as of the date of receipt of notice of suspension or termination describing the status of all work under this agreement, including without limitation, results accomplished, conclusions resulting therefrom, and such other matters as CITY may require. In the event of suspension or termination under this Article, the CONTRACTOR shall be entitled to compensation, upon submission of a proper invoice, for the work performed prior to receipt of notice of termination or suspension, which shall be calculated by CITY based on the rate set forth in Section 3. CITY shall not be liable for any further claims, and the claims submitted by the CONTRACTOR shall not exceed the total amount of compensation allowed by this agreement. GFI Service Provider Agreement/ YMCA/ page 9 C. If the City purports to terminate or cancel all or any part of this Agreement for CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default which would permit termination or cancellation, such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 11A and the rights of the parties shall be determined accordingly. 12. Breach or Default A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of this Agreement, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONTRACTOR shall be decided by the CITY'S Agreement Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Agreement Representative shall be final and conclusive, subject to the CONTRACTOR'S right to seek judicial relief pursuant to this Section. B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations or duties embodied in this agreement, CITY may exercise all administrative, contractual, equitable or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of subsequent occurrences, and CITY retains the right to exercise all remedies hereinabove mentioned. C. If CITY or the CONTRACTOR fails to perform an obligation or obligations under this agreement and thereafter such failure is waived by the other party, such waiver shall be limited to the particular failure so waived and shall not be deemed to waive other failures hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the CITY contract manager. D. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA, Washington. 13. Amendments This writing constitutes the entire agreement between the parties with respect to all matters herein. This agreement may be amended only by a writing signed by both parties. However, it is agreed by the parties that any amendments to laws or regulations cited herein will result in the correlative modification of this agreement, without the necessity for executing written amendments. Any written amendments to this agreement shall be prospective in nature. When a new or different term or condition is added, additional consideration is not necessary to bind the parties. 14. Assignment The CONTRACTOR shall not assign any interest (including subcontracts) in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of CITY. Any such GFI Service Provider Agreement/ YMCA/ page 10 assignments or subcontracts shall be submitted for CITY's review ninety (90) days prior to the desired effective date. Approval by CITY shall not be deemed to increase in any manner the total compensation provided for in this agreement. 15. Drug Free Workplace The CONTRACTOR shall comply with all applicable state and federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR shall make a good faith effort to ensure that all employees of the CONTRACTOR do not purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription drugs in any way while working on state, county, or municipal property. 16. Construction This agreement shall be governed, construed and enforced in accordance with the laws of the State of Washington. Should any portion of this agreement be found unenforceable by operation of statute or by administrative or judicial decision, the enforceability of the balance of this agreement shall not be affected thereby, provided that the absence of the unenforceable provision does not render the performance of the remainder of the agreement impossible. 17. Written Notices All written notices required by this Agreement shall be in writing and deemed received if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage pre -paid, to the addresses set forth hereunder or to such other addresses designated in writing by any of the parties in accordance with this provision. In case of CITY, to: Anthony O'Rourke City Manager 129 North Second Street Yakima, WA 98901 In case of CONTRACTOR, to: Bob Romeo Executive Director 5 North Naches Avenue Yakima, WA 98901 18. 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. GFI Service Provider Agreement/ YMCA/ page 11 IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. CITY Anthony O'Rourke City . nager CONTACTOR Bob Romero Executive Director Date: tore CITY CONTRACENO: )2 Id-- I08 RESOLUTION NO: edo 10'-' 1 1 2 0 GFI Service Provider Agreement/ YMCA/ page 12 Signature Date: 1 I -30— tva ADDENDUM #1 NEGOTIATED SCOPE OF WORK YAKIMA FAMILY YMCA ASPIRE PROGRAM PROGRAMMING OBJECTIVES: Positive Youth Development, Outreach, Individual Assessment YMCA will expand its ASPIRE Program to include on-site mentoring for youth in the Northeast Yakima target area. The YMCA will work with Barge -Lincoln and Garfield Elementary Schools to create after school mentoring activities. These program sessions will include fun activities, snacks, homework assistance and one-on-one discussion periods. Lunch-time mentor visits will also be part of the on-site program. Some on-site sessions will also be held at the YMCA to utilize the pool and other facility features. The objective of these matches is to connect high-risk students with caring adult mentors who can encourage, inspire and teach them. Character development and educational achievement are focal points of the mentoring relationship. Objective 1: Provide site-based mentoring services to 60 youth at risk of or involved in gangs annually. Deliverable(s): Quarterly Mentoring Report Target Date: Due the 15th following the end of each quarter. Outputs: 60 GFI Mentee/Mentor matches by June 30, 2013. GFI Service Provider Agreement/ YMCA/ page 13 Addendum #2 Negotiated Scope of Work Yakima Family YMCA ASPIRE Program Given the scope of work, the contract dates and the prior discussions with Steve MagaIlan, the Yakima Family YMCA would request one change to the proposed contract from the City of Yakima. That change would be adjusting the date for reaching 60 GFI Mentee/Mentor matches to November 30, 2013. Addendum #1 lists the date of June 30, 2013. This change in dates will allow the YMCA to implement the program in the current school year and carry it over into the 2013-14 school year. The program can launch prior to recruiting 60 mentors. During summer break from school, the YMCA will have a window of time to recruit additional mentors and add needed staff. CONTRACT AMENDMENT NO. 1 PROJECT: City of Yakima RFP No. 11221-P DESCRIPTION: Youth & Family Development Programming VENDOR: Yakima Family YMCA THIS CONTRACT AMENDMENT NO. 1, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter "City") and Yakima Family YMCA (hereinafter "Contractor"). WHEREAS, City and Yakima Family YMCA executed a "Contract" on December 13, 2012, providing for positive youth development, outreach and assessment programs for the City pursuant to the above -referenced RFP; and WHEREAS, Section 13 of the Contract authorizes the parties to amend the Contract in accordance with the procedures stated therein; and WHEREAS, both parties have agreed to a change the invoicing terms and it is in their mutual interest to modify them from the original contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor to change the invoicing as follows: B. The CONTRACTOR shall invoice CITY monthlyquarterly in arrears for services performed under this Contract. The CONTRACTOR shall submit a monthly quarterly invoice no later than the 20th day of the month following the month quarter in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month quarter. The amount of the invoice shall be for one twelfth one-fourth of the annual Contract Amount for the current Contract CITY .r YAKIMAA Tony ` '.urke,ity Manager IZATIO CONTRACTOR ACCEPTANCE: 4,1215 Date 3- I - /3 Bob Romero, Executive Director Date CITY CONTRAC r NO: t)1) `161?— RESOLUTION NO: 44) Jci- - 1,0 1 Contract amendment #1 for 11221-P CITY OF YAKIMA Request for Qualifications No. 11221-P To Provide Yakima Gang Free Initiative Youth & Family Development Programming September 6, 2012 RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 1 of 29 Notice to Proposers Request for Qualifications (RFQ) No. 11221-P Notice is hereby given by the undersigned that sealed Requests for Qualifications will be accepted in the office of Yakima City Purchasing, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 2:00 PM, September 21, 2012. At such time, all Respondents names will be publicly read and proposals received will be opened and accepted for consideration for: Yakima Gang Free Initiative Youth & Family Development Programming The City of Yakima has set aside up to $140,000 for professional services and reimbursable expenses for Youth & Family Development programming. The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide gang prevention and intervention services as specified in the RFQ Scope of Work. This RFQ is being funded in part by the "Yakima County Youth Services" Federal Grant and "Yakima County Gang Resistance & Intervention Project" Federal Grant. It is the policy of the City of Yakima that women and minority business enterprises shall have the maximum opportunity to participate in the performance of work relating to the City's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance with state and federal rules and regulations to ensure women and minority business enterprises the maximum opportunity to compete for and to perform contracts. Request for Qualification Packets are available in the office of the Purchasing Manager, City Hall, 129 N 2nd Street, Yakima, Washington, 98901. 509-575-6093. Packets are also available on the City's Purchasing Webpage at www.ci.yakima.wa.us. The City of Yakima reserves the right to reject any and all RFQ's. Dated this 6th day of September, 2012. (Seal) Colleen Bailey, CPPB Purchasing Buyer II Publish on: September 6th and 7th RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 2 of 29 CITY OF YAKIMA REQUEST FOR QUALIFICATIONS NO. 11221-P Yakima Gang Free Initiative — Youth & Family Development Programming This Request for Qualifications (RFQ) invites responses from applicants interested in providing Youth & Family Development Programming for the Yakima Gang Free Initiative (GFI). 1. PURPOSE: The selected vendor(s), individually or in conjunction with subcontractors, will work with the City to provide services as specified in the RFQ scope of work. 2. DEFINITIONS: A. City The City of Yakima, Washington, and its departments. B. Applicant The person or firm submitting the proposal. C. RFQ The Request for Qualification, including any amendments or other addenda hereto. In case of conflict between the RFQ and exhibits, the RFQ governs. D. Selection Committee The RFQ Selection Committee is comprised of the RFQ Coordinator, City Council Public Safety Committee, City staff and GFI Advisory Group. Committee will not exceed 7 people. E. Qualification Packet/ProposalThe materials submitted by each Applicant in response to the RFQ, including all attachments. 3. RFQ ADMINISTRATION: Upon release of this RFQ, all applicant communication should be directed in writing to the RFQ Coordinator listed below. Any oral communications with other City employees will be considered unofficial and non-binding on the City. 4. RFQ COORDINATOR: The RFQ Coordinator is: Colleen Bailey, Purchasing Buyer II City of Yakima 129 No. 2nd Street Yakima, WA 98901 Ph: 509-576-6787 Email: colleen.bailey@yakimawa.gov 5. PRELIMINARY RFQ SCHEDULE (may be revised as needed): Date RFQ Released 09/06/2012 Qualification Packets Due 09/21/2012 at 2:00 P.M. Interviews TBD Faxing or mailing of letters to successful applicant TBD Contract Negotiations TBD Award of Contract by City Council TBD Proposed Start Date TBD RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 3 of 29 6. A BRIEF DESCRIPTION OF THE GANG FREE INITIATIVE: The City of Yakima GFI is based on the five principles of the Office of Juvenile Justice and Delinquency Prevention's Comprehensive Gang Model. This model and other "Best Practices" are being used by communities across the country to effectively address gang crime and violence. The mission of the Yakima Gang Free Initiative is to engage the community to develop suppression, prevention and intervention strategies that support and promote positive youth development. The City of Yakima has appointed an advisory group for implementation of the GFI Action Plan. The City of Yakima Community Action Plan for the Prevention, Intervention, and Suppression of Gangs (The Plan) represents the recommendations of the GFI Advisory Group to the City of Yakima for addressing the gang issue (can be viewed at http://www.yakimawa.gov/services/purchasing/openings/). Unlike other plans, it emphasizes prevention and intervention strategies at the neighborhood level and positions the City of Yakima together with community partners in a researched based, data driven, and outcome focused effort over the next 3 to 5 years. Four central assumptions frame the overall architecture to the Committee's recommended strategy. The City of Yakima and its partners endeavor to: A. Facilitate total community involvement through strategic guidance and leadership. B. Prevent the growth of gang activity and violence in Yakima through multidimensional collaborative efforts. C. Pursue necessary funding through collaborative efforts. D. Restore Yakima neighborhoods by reducing gang violence and problem activity throughout the City. While key findings are outlined in the Introduction to this Plan, the Advisory Group's Community Action Plan is based on the following fundamental constructs: E. A multidimensional anti -gang strategy should target youth between the ages 11-20 who exhibit high-risk behaviors and gang involvement. F. Young people who would move up the ladder of gang membership and activity are those who commit intentional acts of violence or are arrested for gang related incidents. G. The impact of gang members' actions not only adversely affects their parents, siblings, and other family members but the whole community—including the victims of gang violence who must deal with the horror of losing a loved one and the agony of having to deal with a variety of agencies to get restitution and support. H. No single program will fix the gang problems in our community. I. Strong public leadership by the City Council, City Manager and Chief of Police is essential. J. A coordinated and organized effort among all City departments, other government and community agencies is required to see results that integrate prevention, intervention, and suppression. K. To be effective, all programs and services focused on gang prevention and intervention must be culturally competent, linguistically sensitive, and accessible to the entire community. These constructs must be evident in the partnership agreements entered into by collaborating entities with the City of Yakima. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 4 of 29 This action plan targets the greater City of Yakima with special emphasis on "hubs" of gang activity in three neighborhoods—Northeast, North Central, and Southeast. In addition the Committee has established the following goals: 1) Establish the OJJDP Comprehensive Gang Model as the operating system, and 2) Reduce youth crime, violence, delinquency and academic failure through the prevention, intervention and suppression of youth gangs. Focusing on the goals stated above, the Advisory Group recommends to the City of Yakima the following five strategic objectives: Objective 1: Establish an effective coordinated collaboration process to impact gang activity citywide. Objective 2: Develop joint partnerships to help address the gang issues within the City of Yakima. Objective 3: Establish a data and research analysis process to keep the City Council, City Manager and GFI Committee aware of gang trends and anti -gang research on an ongoing basis. Objective 4: Based on existing funding, build capacity in existing, effective and promising gang prevention and intervention programs/strategies on a neighborhood basis. Objective 5: Develop a sustainable funding strategy for the Community Action Plan. 7. DEADLINE FOR DELIVERY OF QUALIFICATION PACKETS/PROPOSALS: One original Qualification Packet/Proposal with six (6) complete copies and one (1) complete copy on disc (CD), to be submitted to and date stamped by the City Purchasing Office: City of Yakima Purchasing Office 129 No. 2nd St. Yakima, WA 98901 Qualification Packets/Proposals must be received and stamped in by 2:00 p.m. on September 21, 2012, in a sealed package labeled RFQ No. 11221-P Yakima Gang Free Initiative - Youth & Family Development Programming, with the date and time of proposal opening written on the face of it. If you plan on attending the proposal opening, DO NOT BRING YOUR PROPOSAL WITH YOU INTO THE OPENING ROOM. It must be received and date stamped by the Purchasing Office. FAXED OR E-MAILED PACKETS WILL NOT BE ACCEPTED. QUALIFICATION PACKETS RECEIVED AFTER 2:00 P.M. PST, September 21, 2012 WILL NOT BE ELIGIBLE FOR CONSIDERATION. THE DEADLINE WILL BE STRICTLY ADHERED TO. LATE PROPOSALS WILL NOT BE CONSIDERED. Qualification Packets, which do not include all requested information and required documentation, may be considered non-responsive. 8. CONTRACT PERIOD: Projects will be funded for one 12 -month contract period, October 1, 2012 – September 30, 2013 (may be revised as needed). Non-competitive continuation requests will be considered up to five years depending on performance and availability of funds. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 5 of 29 9. PROPOSED SCOPE OF SERVICES: The City Administration and the City Council will prioritize funding of existing, effective, promising programs that establish targets for outcomes and outputs in a coordinated and collaborative manner with the City's funding source, i.e. Parks and Recreation, Police Department or private foundations. In addition, the City will enter into collaborative funding ventures only in instances where the partner has provided assurances regarding the use of evidence based programs and adherence with the core operating principles adopted by the GFI Advisory Group. Applicants may submit qualifications for one or more of the following prevention and intervention service components: A. Outreach The primary focus of the outreach services is to build an ongoing and pro -social relationship with youth and families while linking them to appropriate services. Targeted outreach should focus on core gang involved youth, with special capacity to connect pre -adjudication and in the local community setting. Outreach activities should be carefully integrated with existing and new prevention services not to become a primary focus, but rather as a means to build relationships with clients and provide access to essential resources and services. Outreach should describe a method for providing information that helps the Youth Development Team gain a better understanding of the issues within the target population and in the target area so that team interactions with gang members will be more informed. The GFI Advisory Group recommends that outreach be conducted in a manner that includes the following routine activities: 1) Identify youths' needs and goals to help the team develop a more comprehensive intervention plan. 2) Coach and provide role models for each youth. 3) Coordinate appropriate crisis responses to project clients following episodes of violence in the community. 4) Provide assistance to families in distress, ranging from accessing basic services to helping resolve family conflicts. 5) Visit clients who are incarcerated and helping to reconnect them to services when they are released from custody. 6) Resolve conflicts and/or mediating between clients, their families, other youth, and/or agencies. 7) Act as a liaison between project clients and service providers/schools to facilitate client access to services. 8) Work with clients who are seeking employment, from helping these youth develop resumes, to identifying their skills and qualifications, to helping them apply for jobs or work with workforce services programs. 9) Conduct gang awareness presentations in schools. B. Referral & Screening The GFI Advisory Group recommends that a referral and screening mechanism be established. Referral is an informal, ongoing process for reviewing information related to youth who show signs of being at risk of gang involvement or have been determined to be gang involved. The referral process should integrate with the Youth Development Team review of screening and other information on targeted youth, and the Youth Development Teams decision about whether to add the youth to the caseload. Screening or "Triage" is a brief assessment of the youth's current status to determine individual and family priorities. It is important that team members create a protocol for screening and assessing new clients. Outreach workers present information about prospective youth to the Youth Development RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 6 of 29 Team, outlining how each youth meets the screening criteria. The team members can then come to consensus about whether a youth is suitable for case management. A screening team including outreach workers and members of the Youth Development Team should meet regularly to review the referral materials that have come in. The screening process may indicate the need to refer the youth to crisis services. Upon gathering all information and determining eligibility based on the established criteria, the screening team will make a determination. They will also take into consideration the ability of the program to serve the family based on current caseloads. A waiting list could be created in the future if we reach capacity. C. Individual Needs Assessments Proposal should describe an individual needs assessment instrument either in existence or to be developed that will ascertain the status of each client when he/she is accepted into the project. Needs Assessment services should be appropriate for diagnosis, placement, and treatment planning and applicable in a variety of settings (i.e., school, jail, social service). The assessment should include information on: 1) The client's future goals, abilities, talents, and desires. 2) Family situation and structure. 3) Gang involvement of family members. 4) Other family issues that may affect the client's gang involvement. 5) Criminal history. 6) Gang history (and gang affiliation). 7) School history, including special issues such as learning disabilities or a history of behavioral problems. 8) Gang climate in the client's neighborhood. 9) Substance abuse or mental health issues. 10) History of abuse or neglect. 11) Client's employment history and skill levels. 12) Special circumstances, such as a client who is a teen parent. 13) Agencies that are currently serving the client. 14) Possible safety issues involving the client. 15) Current needs assessments from any of the team agencies. 16) Court requirements such as community service hours and restitution. D. Family Reunifications Services The Advisory Group recommends that a major component of intervention include Family Reunification Services that integrates aspects of family psycho -education, behavioral therapy and multiple -family approaches. In this context FRS will bring families of gang members or those at -risk of joining gangs together for learning and problem -solving, all oriented to the improved functioning both of the family member who's receiving services and the family unit as a whole. The FRS's primary working method is to help each family and youth to apply whole -family guidelines to their specific problems and circumstances. Proposed methodology should be linked to the severity of gang involvement of the youth. The methodology should also maintain stability by systematically applying a group problem -solving method, case-by-case, to difficulties in implementing the whole -family guidelines and fostering change. E. Positive Youth Development Programming Positive Youth Development Programming refers programs and activities that target youth during non - school hours including scheduled school closures (holidays) and summer months. Programming serves to provide an alternative to participation in youth problem behaviors (gangs, delinquency, substance abuse, etc.) Positive Youth Development services should focus on promoting programs that RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 7 of 29 have outcomes that are effective and reflect a direct impact on gangs and at -risk youth's ability to make positive choices. Proposals should describe activities that target one or more of the following strategic actions: 1) Improve Parent/Youth communication. 2) Increase utilization of modern technological mediums including social networking in anti -gang activities. 3) Increase personal discipline, leadership and team playing skills among Yakima youth. 4) Increase opportunities for personal story telling through drama, writing, talking circle as a means for healing, hope giving. 5) Identify and expand opportunities for youth self expression (i.e., artistic, cultural, recreational). 6) Facilitate school reentry. 7) Expand structured out-of-school programming. 8) Expand gun safety education opportunities for youth. 9) Increase target youth understanding of risks associated with substance abuse/misuse. 10) Identify and expand youth supported suppression activities. 11) Increase target youth understanding of risks associated with guns and violence. 12) Identify and expand community supported suppression activities. 10. QUALIFICATION PACKET/PROPOSAL DOCUMENTS: Provide a detailed description of the proposed services including the following: A. Schedule of Activities B. Service Capacity (Number of Youth/Families to be served) C. Staffing and required qualifications D. Intended Outcomes E. 12 month Work Pan F. Literature Citation(s) providing evidence of the effectiveness of the proposed service. 11. QUALIFICATION REQUIREMENT: Applicants should address the following areas in their Qualification Packet: A. Experience: 1) Explain the qualifications your firm has to provide the proposed services. 2) Describe your experience in providing similar services. 3) Describe existing partnerships that may contribute to your success. B. Cultural Competency: 1) Describe your plan for ensuring services and activities which are capable of serving the cultural, economic, language, and other unique characteristics of the targeted population. C. Budget 1) Provide a twelve month total project budget and justification including the following: A. Personnel B. Benefits C. Supplies D. Travel E. Other 2) Provide a description of your agencies matching contribution. Partner agencies will be required to match city funds at a rate of 2 to 1.* For example: An agency requesting $10,000 of City funding, a total of $20,000 must be described as matching contribution for a total project budget of $30,000. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 8 of 29 *MATCH REQUIREMENTS ARE NEGOTIABLE ON A CASE BY CASE BASIS as in the best interest of the City. If your agency submits a budget with less than a 2 to 1 matching contribution a separate request for match reduction and or waiver must be included in your packet. 12. EVALUATION BY ANALYSIS COMMITTEE: All Qualification Packets will be screened to determine whether the minimum requirements of the RFQ are met. The Selection Committee (SC) will then evaluate those proposals, which meet the minimum RFQ requirements. Each responsive proposal will be rated on a point system with the top -scoring proposer selected to enter into negotiations. A. Qualification Evaluation Criteria: The following are the criteria, which will be used in the selection of applicants. A maximum score of 100 points will be used by each evaluator to score applicants. Each of the following elements shall have the stated maximum point value: 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 Qualification and Ex • erience Points 1) Program Description 40 2) Experience (See pg 8 -11) 25 3) Cultural Competency (See p 8-11) 5 4) Budget Appropriateness (See p 8-11) 20 5) Matching Contribution & Sources (See p 8-11) 10 TOTAL 100 13. POST EVALUATION EVENTS AND AWARD: The RFQ Coordinator will fax or e-mail written notices to all applicants who submitted qualifications, informing them of their status. The successful applicant will be offered the opportunity to negotiate a contract and enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. The City reserves the right to negotiate any element of this RFQ, if it is determined to be in the best interest of the City. If an agreement cannot be reached, the City reserves the right to enter into negotiations with the next highest ranked Consultant. The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during October, 2012. City Council will make the final award of contract. 14. OTHER INFORMATION: A. Reservation: The City reserves the right to award the contract to the applicant that it deems to offer the best overall qualifications/proposal in its sole discretion. The City reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The City also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the City to enter into any contract pursuant to the RFQ. The City reserves the right to RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 9 of 29 correct obvious ambiguities and errors in the Contractor's proposal and to waive non -material irregularities and/or omissions. B. Applicant's Cost to Develop Qualification Packet: Costs for developing qualification packets in response to the RFQ are entirely the obligation of the Applicant and shall not be chargeable in any manner to the City. C. Applicants' Questions: Any person contemplating submitting an RFQ who is uncertain as to the intended meaning of any part of the RFQ or other contract documents, or who finds discrepancies in, or omissions from the RFQ may request interpretation, clarification, or correction of this RFQ. Such request must be in writing and must be delivered to the RFQ Coordinator by mail, email, or hand delivery. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFQ will be made only by written addendum and will be mailed or delivered to each person receiving this RFQ, in addition to being posted on the City Purchasing webpage. Any information given to any applicant concerning the solicitation or any changes to the RFQ shall be provided in writing to all applicants to ensure that all applicants receive the same information relating to the RFQ. The City will not be responsible for any other interpretation, clarification, or correction of this RFQ. Applicants must acknowledge receipt of any addenda received in their response by either stating they received the addenda, or returning said addenda with their response. Each applicant should verify that it has received all addenda to this RFQ by direct inquiry to the City Contact Person before submitting proposals. D. Clarification of Responses: As part of the evaluation process, and at the discretion of the SC staff, applicants may be asked to clarify specific points in their respective responses. The SC reserves the right to request oral interviews of applicants. Whether there will be interviews and who will be invited to make a presentation to the SC will be at the sole discretion of the City. E. Proprietary Material Submitted: Any information contained in the RFQ submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a applicant's submittal, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.17 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected applicant has been given an opportunity to seek a court injunction against the requested disclosure. F. Public Disclosure: Proposals shall become the property of the City. All proposals shall be deemed a public record as defined in RCW 42.56 "Public Records." Any proposal containing language which copyrights the proposal, declares the entire proposal to be confidential, declares that the document is the exclusive property of the Applicant, or is any way contrary to state public disclosure laws or this RFP will be declared non responsive and removed from consideration. Any information in the proposal that the successful Applicant desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated as described in Section Proprietary Information. The particular exception from disclosure upon which the Applicant is making the claim and the RFP page it is found on must be identified. RFP's will not be disclosed prior to release to potential respondents. With the exception of lists of prospective Applicants, the City will not disclose RFP records until execution of the contract(s). At that time, all information about the competitive procurement will be available with the exception of: Proprietary/confidential portion(s) of the successful proposal(s), until the Applicant has an adequate opportunity to seek a court order preventing disclosure. The City will consider a Applicant's request for exemption from disclosure; however, the City will make a decision predicated upon RCW 42.56. G. Delegation of Professional Services: The services provided for herein shall be performed by the Contractor, and no person other than regular associates or employees of the Contractor shall be engaged upon such work or services except upon written approval of the SC and/or City. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 10 of 29 H. Relationship between City and Contractor: The Contractor and any authorized subcontractors shall at all times be an independent Contractor and not an agent or representative of the City with regard to performance of the Services. The 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 the City. I. Property Rights: All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project, which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. J. Work Made for Hire: All work the Contractor performs under this agreement shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, reports, and any other materials the Contractor produces in connection with this agreement. On completion or termination of the agreement, the Contractor shall deliver these materials to the City project manager. K. Hold Harmless: The Contractor shall, and hereby agrees to, release, save, otherwise hold harmless and indemnify the City of Yakima from claims, demands, damages, actions, causes of actions or other liability, injury, or harm caused by act or omissions, foreseen or unforeseen, negligent or otherwise, that would otherwise befall said City arising out of the Contractor's implementation of the terms of this contract. L. Non -Discrimination: 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, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. 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. M. The Americans With Disabilities Act: With regard to the services to be performed pursuant to this Agreement, 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 antidiscrimination 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 of employment, public accommodations, state and local government services, and telecommunications. N. Term and Renegotiation: The term shall commence on the date of last signature and terminate twelve (12) months thereafter, unless extended or sooner terminated per the terms and conditions of the resulting negotiated contract. The period of performance may also be extended by mutual written agreement of the parties. The City may, at its option, extend the contract on a year to year basis as budget allows and subject to a successful price agreement. O. Venue: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 11 of 29 P. Insurance and Performance Bond: Professional Liability Insurance, Automobile Insurance, Worker's Compensation Insurance, and/or a Performance Bond may be required of the Contractor and may be part of the resulting negotiated contract. Q. Licenses: If applicable, successful Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575-6121. R. Protest Procedure: Any protest must be made in writing, signed by the protestor, and state that the Applicant is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, faxed to 509-576-6394 or emailed to sownby@ci.yakima.wa.us. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests before award shall be filed five (5) days before the solicitation due date, and protests after the award shall be filed five (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Applicant: Step I: Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the City Purchasing Manager shall issue a decision. This decision shall be delivered in writing to the protesting Applicant. Step II: If unresolved, within three (3) business days after receipt, the protest may be appealed to the Department Head by the Purchasing Manager. Step III: If still unresolved, within three (3) business days after receipt, the protest may be appealed to the City Manager (or his designee). The City Manager shall make a determination in writing to the Applicant. Grounds for Protest Only protests stipulating an issue of fact concerning the following subjects shall be considered: A matter of bias, discrimination, conflict of interest; Solicitation unduly constrains competition or contains inadequate or improper criteria; Errors in computing score; Non-compliance with procedures described in the solicitation or City Policy. Protest Determination Each review and determination of the protest shall issue a decision that either: Finds the protest lacking in merit and upholds the award; or Finds only technical or harmless errors in the acquisition process and determines the City to be in substantial compliance and therefore reject the protest; or Finds merit in the protest and provides options for correction, including, but not limited to, correcting the errors and re-evaluating the bids, reissuing the bid to begin a new process, or entering in to a contract that remedies the protest finding; or Makes other findings and determines other courses of action as appropriate. Timeframe Only protests and complaints received within the required timeframe for protest action are accepted for consideration. Award Announcement Purchasing shall announce the successful bidder via City Website, e-mail, fax, regular mail, or by any other appropriate means. Once the announcement is released by Purchasing, the protest time frame RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 12 of 29 begins. The timeframe is not based upon when the Applicant received the information, but rather when the announcement is issued by Purchasing. Though every effort will be made by Purchasing to distribute the announcement to the interested Applicants, Purchasing is not responsible to assure that Applicants receive the announcement. It is the responsibility of the Applicants to obtain the announcement from Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; A prompt award will otherwise be advantageous to the City. If the award is made, the file must be documented to explain the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 13 of 29 E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E - Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this day of , 20 Signature: Printed Name: Phone #: Email Address: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 14 of 29 Personnel Inventory Form * To Accompany Bid Proposal Firm Name: Contact: Address: Phone Number: City: State: Zip: Type of Service Provided: Are you a certified DBE or WMBE?: YES NO. If yes, what is your certification number? # Contractor's Entire Work Force - if you need additional space, photocopy this section and attach it to this form. Occupation Total Employed Total Minorities African American Asian or Pacific Islander Native American Hispanic or Latino Apprentice Trainee M F M F M F M F M F M F M F Officers Foremen Clerical Totals: Goals for minorities and women employees in the contractor' s and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 15 of 29 Exhibit A GENERAL FEDERAL TERMS THAT WILL BE ADDED TO CONTRACT 10. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 16 of 29 APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 17 of 29 11. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FED does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FED Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FED Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FED Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FED Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FED Recipient or a subgrantee of the FED Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 18 of 29 Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FED Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FED does not require the inclusion of these requirements in subcontracts. 12. FEDERAL CHANGES 49 CFR Part 18 Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FED. Federal Changes - Contractor shall at all times comply with all applicable FED regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FED, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 21. TERMINATION 49 U.S.C. Part 18 FED Circular 4220.1E Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 19 of 29 Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FED does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 20 of 29 e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 21 of 29 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 22 of 29 If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 23 of 29 The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 23. PRIVACY ACT 5 U.S.C. 552 Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for Federal Funding, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Flow Down The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Model Clause/Language The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FED. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FED. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 24 of 29 24. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FED has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FED may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (b) Acre - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 25 of 29 (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FED may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FED, modified only if necessary to identify the affected parties. 25. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FED Circular 4220.1E Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FED does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FED third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 26 of 29 Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Background and Applicability The newest version on the Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 27 of 29 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror' s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the {insert agency name} and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name}. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 28 of 29 29. STATE AND LOCAL LAW DISCLAIMER Applicability to Contract This disclaimer applies to all contracts. Flow Down The Disclaimer has unlimited flow down. Clause/Language State and Local Law Disclaimer — The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. RFQ 11221-P Gang Free Initiative Youth & Family Development Programming Page 29 of 29 CITY OF YAKIMA Request for Qualifications No. 1 1221-P Yakima Gang Free Initiative Youth & Family Development Programming • Proposal Submitted by the Yakima Family YMCA ASPIRE Mentoring Program Contact: Bob Romero 972-5252 TM • "While I was a "bad" kid with no real hopes of success, the ASPIRE program introduced me to o mentor who gave me hope that I too could one doy became a positive member of our society." Luis Castanedo "I think our relationship helped her develop self-confidence, the ability to think outside her current situation and to dream big.' ASPIRE Mentor quote from the annual program survey The Yakima YMCA ASPIRE Mentoring Program matches caring, supportive adults in our community with at -risk youth in need of guidance and encouragement. This collaborative program plays a role in gang prevention and intervention. ASPIRE fits strategically into the "Positive Youth Development Programming" service component outlined in the RFQ. As a partner in the Gang Free Initiative (GFI), the YMCA sees a great opportunity to expand and enhance the ASPIRE Program to better equip our mentors to make a bigger impact on our mentees. Ultimately, we help young people make better choices so, like Luis, they can become positive members of our society. ASPIRE—About our Program The ASPIRE Program began about 25 years ago as a program of Downtown Rotary. After three years as a Rotary program, the YMCA took over operations of ASPIRE. After retiring as the controller of the YMCA, Tom Oliva took over leadership of ASPIRE. Under his guidance, ASPIRE has grown in size and quality. The program has approximately 140 mentor matches, (five times the total from 2006), with a number of those coming through collaborations with other local agencies. ASPIRE serves primarily youth in grades two through eight. Many of the mentees are referred by school counselors from Barge -Lincoln and Adams elementary schools. Both schools are in the GFI targeted areas. Additional referrals come from Catholic Family Services, the Trailseeker's Program, Juvenile Rehabilitation, the Ridgeview Detention Center, Madison House, SunDown M Ranch and word of mouth. The majority of youth in the program fall between the ages of 10-13, with age 14 often the top of the scale. The program does have some older youth, a number of those coming through JRA. The majority of youth in ASPIRE are "high risk", but haven't been in any serious trouble. They typically come from single parent, low income households. Many are raised by grandparents or other relatives. It is not uncommon for them to have siblings or parents who have gang and/or criminal histories. For these youth, the program plays a preventative role to steer them away from gang involvement. Youth from Ridgeview and JRA have a criminal history, with some of it gang related. Mentors for these youth fill more of an intervention role. Students referred from SunDown M Ranch have alcohol or chemical dependency histories. The mentors and mentees are screened through application and interview processes. Background checks are done on all potential mentors. ASPIRE staff members then work with the data gathered to create suitable "matches". It is a deliberate and time consuming process. The fact that ASPIRE retains over 80% of its mentors after one year indicates the process is very successful. A 40-50% retention rate is typical for many mentoring programs. One of the goals of ASPIRE is to develop long term mentoring relationships. Twenty-two of our current mentors have worked with their student for 5 years or more. SCHEDULE OF ACTIVITIES ASPIRE mentors are asked to spend three to four hours a month with their mentee. Our mentor surveys indicate that the average mentor gets together with their student twice a month, spending six to eight hours per month together. The YMCA organizes monthly activities for the participants. These include a variety of activities from cupcake decorating to horseback riding, and Capital Theatre events to airplane rides. These are activities many of the mentees would not normally get to experience. In addition, the YMCA provides membership access to the mentors and mentees. Each year, ASPIRE also sends a number of mentees to Camp Dudley in the summer. Depending on their interests, mentors and mentees decide if they wish to do the organized monthly activity or something they plan themselves. Activity information is typically communicated to the mentors through email. An ASPIRE newsletter goes out twice a month. In addition to the YMCA group activity, the newsletter often highlights other community events that may be of interest. SERVICE CAPACITY The ASPIRE Program currently features about 140 matches of mentors and mentees. Tom Oliva works 20-30 hours per week on the program. Two other YMCA full-time staff people have provided 20-25 hours per week of support services. The Washington State Mentors organization recommends a full-time staff person for every 30 matches. While we are very cost effective, it makes it difficult to provide adequate contact and training for mentors. Without sufficient resources to expand staffing on a permanent basis, the YMCA contracted with the Jesuit Volunteer Corps to secure a full-time volunteer for one year. Julie Krolikowski joined the YMCA staff in August. She has a degree in communications and financial development. Her presence will allow for expanded contact with mentors and the ability to increase matches. STAFFING & QUALIFICATIONS In addition to more than ten years of experience with mentoring, Tom has attended numerous mentoring workshops and training events. He is a member of Washington State Mentors. He utilizes their resources to provide training opportunities to mentors. Tom is training Julia. Her primary responsibilities with ASPIRE will be communications, mentor matches and event coordination. INTENDED OUTCOMES The objectives of the ASPIRE Program include: building confidence & self esteem, improving communication and interpersonal skills, encouraging better communication with parents and guardians, character education, improving decision making skills, leadership development, supporting & encouraging academic development and inspiring students to dream. Many of these young people have no hopes and dreams. Matching them with successful adults from our community gives them an opportunity to positive visions for their life. 12 MONTH WORK PLAN Over the next twelve months, ASPIRE will continue to provide monthly activities for mentors and mentees. Julia will work on new options. She will also be expanding contact frequency with mentors. Each year, surveys are provided to mentors. When asked: "If you could change one thing about the program what would it be?" 37.5% percent of mentors said they wouldn't change anything. However, 29.2 % felt there was a need for greater mentor support and training. A plan was developed for five mentor training sessions to be offered in the upcoming year. The goal is to better equip mentors to relate to the issues their mentees face. Included in the plan is: ACES (Adverse Childhood Experiences) Training through the Washington State Mentors. In addition, Julia will work with qualified professionals in the community to develop sessions that address: -Family instability—lack of parental involvement; siblings involved in drugs, gangs and other potentially disruptive activities; frequent relocations; incarcerated parents and foster care. -What's Influencing your Mentee: culture, self-esteem, substance abuse, gangs, bullying, teen pregnancy, fear, etc. - The Psychology of a Young Person: Stress, anger, negative perceptions, overcoming hopelessness. - A vision for the future: education, careers, family, relationships, job skills, resume building, breaking the cycle. Providing training with greater depth will better equip mentors to work with the problems and risk factors that impact their mentees. Some of the resources for the training sessions are available through Washington State Mentors. WHY MENTORING—LITERATURE CITATIONS The impact of mentoring is put into context in a Child Trends Research Brief that is titled: Mentoring: A promising Strategy for Youth Development; by Susan Jekielek, M.A., Kristin A Moore, Ph.D., Elizabeth C. Hair, Ph.D., and Harriet J. Scarupa, M.S. "The very foundation of mentoring is the idea that if caring, concerned adults are available to young people, youth will be more likely to become successful adults themselves. The overarching finding from this research is that mentoring programs can be effective tools for enhancing the positive development of youth. Mentored youth are likely to have fewer absences from school, better attitudes towards school, fewer incidents of hitting others, less drug and alcohol use, more positive attitudes toward their elders and toward helping in general, and improved relationships with parents." The value of mentoring was also recognized by the Office of Juvenile Justice and Delinquency Prevention when the OJJDP Act was reauthorized in 1992. Congress added Part G -Mentoring, to the act. It was done in recognition of mentoring's potential to address poor school performance and delinquency activities. An OJJDP Bulletin in December of 2010 featured an article titled: "Gang Prevention: An Overview of Research and Programs"by James C. Howell. The article concludes that: "Youth are at higher risk of joining a gang if they engage in delinquent behaviors, are aggressive or violent, experience multiple caretaker transitions, have many problems at school, associate with gang -involved youth, or five in communities where they feel unsafe and where many youth are in trouble. To prevent youth from joining gangs, communities must strengthen families and schools, improve community supervision, train teachers and parents to manage disruptive youth, and teach students interpersonal skills." Public/Private Ventures (P/PV) performed an 18 month evaluation of eight Big Brothers/Big Sisters mentoring programs. Big Brothers/Big Sisters is the largest mentoring organization of its kind. The P/PV study concluded: - Mentored youth were 46 percent less likely than controls to initiate drug use during the study period. Minority Little Brothers and Little sisters were 70 percent less likely to initiate drug use than similar minority youth. Mentored youth were 27 percent less likely than were controls to initiate alcohol use during the study period, and minority Little Sisters were only about one half as likely to initiate alcohol use. - Mentored youth were almost one-third less likely than were controls to hit someone. - Mentored youth skipped half as much school, felt more competent about doing schoolwork, skipped fewer classes and showed modest gains in their grade point averages. The gains were strongest among Little Sisters, particularly minority Little Sisters. The quality of their relationships with their parents was better for mentored youth than for controls at the end of the study period. - Mentored youth, especially minority Little Brothers, had improved relationships with their peers. The P/PV study stated that mentoring programs can create and support caring relationships between adults and youth that produce a wide range of tangible benefits. The relationships are most beneficial when nurtured by caseworkers. EXPERIENCE The YMCA has 22 years experience running the ASPIRE Mentoring Program. Tom Oliva has about ten years experience directing that effort. Yet, we see a significant need to keep expanding training and resources to offer mentors to address the challenges faced by their mentees. Our partnerships with the agencies listed in the prior section "About Our Program", will continue to contribute to the success of ASPIRE. Our involvement with Washington State Mentors will continue to provide new training tools and resources. In addition, the focus on expanded training will require us to continue working with local schools, law enforcement, mental health professionals, counselors and social workers to equip our mentors. CULTURAL COMPETENCY The majority of students that we mentor are Latino youth. While current ASPIRE staff members are not bilingual, the YMCA utilizes other full-time staff members and volunteers to assist with relationships where language is a barrier. Access to youth has not been restricted due to language, economic or cultural barriers. A number of our mentors are also bilingual. BUDGET Personnel Total: $28,488 Over the next 12 months, Tom Oliva's compensation will be approximately $18,600. Benefits add $1488 to that amount. The YMCA will pay $8000 to the Jesuit Volunteer Corps for stipends and expenses for Julie. In addition, the YMCA will also pay airfare of approximately $400 to return her to Omaha, Nebraska at the completion of her year. Supplies Total: $15,000 This includes resources to purchase tickets and pay admission for mentors and mentees who attend monthly organized group activities. It also covers some mailings and office supplies. Travel Expenses: $700 This primarily covers a couple Seattle day trips to Washington State Mentors and running local errands. Other: $3500 This covers training expenses and resources. It also pays for an annual dessert to recognize our mentors and their achievements. Total Expenses: $46,688 Revenue Sources: United Way $1 1,980 Grants from Zirkle Fruit And First Fruits Marketing $10,000 YMCA Youth Endowment $12,000 YMCA Partner with Youth Campaign $ 4,400 Total: $38,380 The balance of $8308 would be funded out of YMCA operations. The YMCA does not charge overhead back to the program for office space, phones, computers, accounting services, administration, utilities, etc. The YMCA requests from GFI a total of $7500 to help fund ASPIRE. This allocation will be used to help pay for the Jesuit Volunteer, expanded training and monthly activities for mentors and mentees. The YMCA more than meets the required matching contribution for funding. We believe the addition of the Jesuit Volunteer position will enable us to provide more frequent communication and connection with mentors. It will allow us to upgrade and expand our training sessions by having a staff person to coordinate those events. It should also allow us to increase our capacity. We believe strongly in the value of mentoring and in the success of ASPIRE. Our annual mentor survey indicates that 70.8% of mentors who responded called their mentoring relationship great or good. While we use the annual survey to look for indicators and evaluate program outcomes, we find that the testimonials of participants truly tell the story of ASPIRE. A LITTLE OVER 10 YEARS AGO, Gary and Peggy Myhre embarked on an adventure to mentor Tyler Barnes, a middle schoolyouth. Until he was matched with a mentor, Tyler was on his way toward dropping out ofschoot The following excerpts from each of them document's Tyler's success story. GARY The Beqinninqs Probably rhe biggest change since first starting with hirn fouryears ago is in self confidence and his attitude towards school. His grades at school have continued to be in the A and B area with an occasional C (formerly Cs, Ds and Fs.) and he seems to enjoy school and working hard at it. On most school holidays, he generally spends one to two work dovs, 5-7 hours each time, at the station doing odd jobs for anyone and everyone, learning responsibility and vocational interests. Many °four conversations together are often analyzing life's situations that are very timely to discuss. The 1711streatnient of kids by parents and vice versa, work ethics, work habits, life choices, drugs, alcohol, parental mistakes, etc. His changes in confidence and attitude were obviously showing. Gary Myhre TYLER MIDTERM First and Foremost, 1 want to wish you a Happy Fathers Day. Even though you are not flly biological father, I still look at you as a father image. You becoming my mentor is the best thing that hos ever happened to rue. Someone upstairs did a good job matching us up. I would have to say that it is because ofyou that I am the person who 1 am today. By that I mean hardworking, honest, responsible, and a good sense of humor. You are also the one who put 1711' work ethic on track, it is because of you that I like to work I have noticed since 1 hove been at job corps and I have noticed o lot of these things von taught me put into effect. I believe rit some areas 1 am far above my age level. 1 don't think I would be where I am today Tit wasn't for von. So anvways I wont to thank you for accepting me as 14'110 I am. Being my friend, a father like person, a person of fondly, and always will be. Words can't express hotv much I love both you and Peggy and care foryou. They also can't express how much 1 am thankful for everything you have done. Your Other Son, Tyler PEGGY GRADUATION I just wonted to share the success story of "oar boy" Tyler. As you know, he hos been in Alaska for the past year at job Corp working on his certification in computer technology. During his studies in computer science, he also completed his studies 161- his GED. But that wasn't good enough for Tyler; he wanted his High School diploma. So he has been on line with Wasillo High School and completed his high school studies for his high school diploma. He is still working on his Job Corp studies on computer and also has a morning job doing tech support for a national company. Are Gary& 1 proud of "our other son??" Yeah -.you betcha! (Wasilla talk 0) We have been through a lot with him and believe we have made a profound impact on him and his firture, just as he has taught us a lot along the way. 1 can't help but believe that God played a huge part in connecting us way bock when he was just 1 0 years old through the YMCA ASPIRE Mentoring Program. Thanks for allowing me to go on and on about a young man whom 1 am so very proud of today, on his accomplishments through a lot of hard work and thanks to Gary for his many, many hours of men toring TyIer though difficult times in 111.3 yOlirh. Peggy Myhre To whom it may concern: 1, Luis Castaneda, am o positive member of our society. lt feels good to write that last sentence, but 1 have to admit it wosn't always true. Unfortunately, for some years in my youth, I was quite the opposite. The odds were stocked against me and statistics showed thot I was destined to live a life of drugs, gongs, prison, and ultimately death. But I want to take a moment to thank, first and foremost, my GREAT GOD AND SAVIOR, JESUS CHRIST! The BIBLE declares that while was still a sinner, "CHRIST died for me"... and for that I will be eternally grateful! I would also like to extend my gratitude to the ASPIRE Program from the YMCA. You see, in the same manner that CHRIST reached out to me while I had no hope of salvation, the ASPIRE Program did as well. While I was o "bad" kid with no real hopes of success, the ASPIRE program introduced me to a mentor who gave me hope that I too could one day become a positive member of our society. When all of the odds were stacked against me, the ASPIRE program believed against odds and reached out to me and helped shope the character that I now have. As you consider investing into this great program, please know that your seed will be planted into good ground. I arn not the only "bad" kid in Yakima that needed the help of ASPIRE to change the course of my destiny, many more young boys and girls could greatly benefit from ASPIRE. A very special thanks to Mike and Amy McKinney for believing in me and investing their precious time as my mentors through ASPIRE! Sincerely, Luis Castaneda Thank you for your consideration. Should you have any questions regarding this request, please contact me at 972-5252 or 307-6366. Bob Romero Personnel Inventory Form To Accompany Bid Proposal Firm Name: Y1"rICA contact.,��- t'{ 1`�©f`le_C` 0 City: '1/4}; fr"\c, Type of Service Provided: Phone Number: Ha- 1 aL State. 9 (301 Are lou I certified DBE or W1V1BE?' YES NO ✓` IF yes. What k your certification numher? Contractor's Entire Work Force - if you need additional space, photocopy this section and attach it to this form. Occupation Tula' kmplmcd 'ri lal 1linurilics \triciui \nirricon \.Nit nor 1'a •ifie Islander Nance \merican Hispanic in Lubin 1pprenlirc `trainee \1\1 F F F 11 1 \I F 11 F \1 1 Officer: 1 II\1 t 1 Fur'men(4, 3 Clerical 11 y f.-,Ct•�-yu i � 1 ?C+r 35 y 12` 1 1 -rnl:,f, `% 5 13 1 l 1 11 1 Goals for nunorities and women employees In the contractor's .tnd subcontractor 1Y rklorec are 10l.i combined. Contractors and subcontractor,. do not hale k goals, however, if ne11 employees are hired. 1t shall he an obligation to make a good faith hire qualified ❑unoritie; and \\omen. enlplovees to meet these RR) 11221-P Gaii Free Youth DCN cluhmenl I'r rammtn E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986. as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5.00O). or any other city contract in excess of Two Thousand Five Hundred Dollars ($2.500). enroll in the E -Verify program or its successor. and thereafter to verify its employees' proot of citizenship and authorization to work in the United States. E-VerifyviU be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing ernployees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. �.'\|un>(ovn/`M/ 1)11.1 \u\n'/N The undersigned declares, under penalty of perjury under the laws of Washington State that' 1. By submitting this Declaration, | certify that | do not and will not, during the performance of this contract, employ illegal alien vv0rhers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986, 2. | agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. i agree to use E' VenfyforaUnaxv|yhiredemp|oyeeaduringtha|engthn(1hecnntreo1. � | certify that | am duly authorized to sign this declaration on behalf of my company. 4. | acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. ` 1-70L��J�� � Firm Name: ~~L�K\��` ��\ ` . .�/� Dated this � day of sQl, r- , 20 la. Signature: `Y Printed Name: 0 \:). o \ Email Address: ��r(}rnero�� u|0 ||2.2|'PGang Free Initiative Youth & Family Development P^ogn`mmmg Page l4ot%9 Agreement for Services Between the City of Yakima and the Yakima Family YMCA Under RFQ No, 11221-P Yakima Gang Free Initiative Youth & Family Development Programming The City of Yakima does hereby enter into this agreement for Youth & Family Development Programming with the Yakima Family YMCA under the terms established in RFQ No. 11221-P and in accordance with the accepted proposal for services submitted by the YMCA. The term of the contract shall be for one year, with the period commencing on October 1, 2012 and concluding on September 30, 2013. The term may be extended by mutual written agreement of the parties. The City may, at its option, extend the contract on a year to year basis as budget aliows and subject to a successful price agreement. As outlined in the proposal, the YMCA shall: 1. Operate a youth mentoring program hereafter referred to as the ASPIRE Program. Z. Comply with all the program elements outlined in the YMCA proposal submitted in response to RFQ No. 11221 -P. A copy of that proposal accompanies this agreement. 3. Provide the City of Yakima with a proof of performance summary demonstrating full performance on the elements presented in the YMCA proposal. That proof of performance shall be submitted to the City of Yakima no later than October 31, 2013. 4. Release, save, otherwise hold harmless and indemnify the City of Yakima from claims, demands, damages, actions, auses of actions or other liability, injury orhern`caused by act or omissions, foreseen or unforeseen, negligent or otherwise, that would otherwise befall said City arising out of the YMCA's implementation of this contract. 5. Name the City of ¥akima as an additional insured and provide a certificate of liability insurance to the City. 6. Not discriminate in violation of any applicable federa|, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state or Iocal law. In accordance with its acceptance of the Yakima Family YMCA as a community partner providing services under RFQ No. 11221-P, the City of Yakima shall: 1. Pay to the Yakima F2rnily YMCA three equal payments of $2000 to be paid in the Months ofOctober 2Ul3,January 2Ol3and April 2Ol]. 2. Pay to the Yakima Family YMCA $1 500 foliowing receipt of the YMCA'S satisfactory proof of performance. 3. Inform the Yakima Family YMCA of all nleedngs,trainings and activities conducted in accordance with the GFI Youth and Family Development Programming. 4. Secure permission from the Yakima Family YMCA before using any photographs taken during ASPIRE Program activities. 5. Clearly establish in any public communication that the ASPIRE Program is a mentoring program operated by the Yakima Family YMCA. With our signatures belowfr we accept the terms and conditions outlined in this agreement. City of Yakima Representative Yakima Family YMCA Representative Date Date :APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Cern fie anon for Contracts. Grants. Loans. and Cooperative Aureen)ents (To he rrrhrlirtted with ((1(11 hill or •e(cliiii S100,000) The undersigned I( 11tractorj c'ei he hell o1' his or her knowledge rind helief. that: 1 1 1 No Federal appropriated funds have been paid or will he paid, by or on behalf of the undersigned, to any person for influencing_ or attempting to influence an officer or employee of an agency. ct Member of Congress, an officer or employee of Congress, or an employee of a Ment her of Congress Iii connection with the awardin_, of any Federal cont'acl, the shaking of any Federal grant, the making of any Federal ligan. the entering into of any cooperative a_Feement. and the extern, ion, contintlattoii, Ienewal, amendmelil. or moditicatilnl til any Federal contract. gram, loan. or cooperative agreement. (2) If any funds other than Federal appropriated fund` have been paid or will he paid to any person for nuking 1ohhyinu contacts to an officer or employee of any agency. a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant. loan. or cooperative a`greemenl. the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lohhyinu." in accordance with its instructions (4ts amended bx "Government wide Guidance for New Restrictions on Lobbying." 61 Fed Reg. 1413 ( I/19/961. Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure AeI of 1995 1 P.L. 104-65. to he codified at 2 U.S.C. 1601, er .veq )l 13) The undersigned shall require that the Ianguage of this cc he included in the award documents for all suhawards at all Tiers tinc1udin suhcontracls. suhw'tnts. and contracts under L,rants, loans. and cooperative agreements) and Iliat all stihreeipients shall certifv and disclose accordingly. This cel Iransactit enteri Act of I penalty of s a tilaterutl representation ill' fact as made or entered into. Submission 0 his transaction imposed by 31. U.S.0 Any person w•ho fails to file the rcqu lot less than $10,000 and not more than x;100,000 for each such failure• n which reliance w as placed when this 'Ufication is a prerequisite for making ur nded by the Lohhyulg Disclosure d certification .shall he subject to a civil [Note: Pursuant to 31 U.S.C. § I352(e)(1) 12 )i A), any person w ho makes a prohibited expenditure car fails lo file or amend a required certification or disclosure form shall he subject to a civil penalty of not Tess than 510,000 and not more than S100.000 for each such expenditure or failure.1 The Con 'actor, 1 v C . cert stateiilent of Its cei'titicatioll and ui'e. 1 agrees that the provisions ally tl truthfulness and accuracy of each the Contractor understands and 31 Li.S.C. A 380)1, ei veg.. apply to This certification and disclosure. i Signature of C'ontractor's Authorized Official h ©i'1z+`� E-)CEc, 't ,r- Name and Title of -Contractor's Author ed Official • cps 4—, Date RI'Q 112214' (;ail. free e \'mill d Family L)evelopin.i Pn+ raittntirig Page 17 ot 29 1