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HomeMy WebLinkAbout05/11/2010 00 Agenda and Packet 44 'o, Micah Cawley, Mayor ,C Kathy Coffey, Assistant Mayor • 1,_,71 . , 1� Y Maureen Adkison ''',„.,,..W,,, _ Dave Ettl City Council Ri k Ense ........ Agenda y 129 N. 2nd Street,Yakima,WA. 98901 Bill Lover Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr. Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk, YAKIMA CITY COUNCIL ADJOURNED MEETING — STUDY SESSION MAY 11, 2010 — 8:00 -9:30 A.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call 2. Report from Council Public Safety Committee and City Management regarding a Gang -Free Initiative ID 3. Audience Comments (9:15 — 9:30 a.m.) 4. Adjournment Yakima bald r�r City of Y akima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strong Yakima community. �� 1994 Adopted March 2008 • MEMORANDUM TO: Honorable Mayor and Members of the Yakima City Council FROM: Dick Zais, City Manager'' Sam Granato, Police Chief 1 SUBJECT: Gang Free Initiative Executive Summary DATE: May 7, 2010 The effort to address gang crime and violence in the City of Yakima is the Yakima City Council's number one priority and must be multi - faceted and involve members of the community, elected officials, representatives of law enforcement, and social service providers. A clear, concise and long -term vision and commitment on what needs to be accomplished to realize the goal of reducing and ultimately eliminating gang crime is necessary. The role of those involved in this effort must be primarily that of "Vision Casters" and policy setters. The proposed Gang Free Initiative framework outlines the structure in which a steering committee will work, to carry out the direction of the • Council, and reduce gang related crimes and activity within the City of Yakima. The chronology of the Gang Free Initiative (GFI) follows this memo. On November 17, 2009 the Council directed that the GFI move forward and was assigned to the Public Safety Committee for action. What is presented herein is a template in preparation for the City Council's May 11, 2010 Study Session on this topic. The document is a living document and deliberately so to allow for input by Council Members, the public, and the future steering committee proposed in the GFI.. As with any plan, the GFI is subject to revision and adaptation as goals are achieved or programs accomplish their stated purpose or ending if they prove unsuccessful. Some of the highlights, which are further detailed in the attached documents, are: Suppression: • Continued Gang Emphasis Patrols in affected neighborhoods utilizing overtime officers, Pro Active Unit and Gang Enforcement Unit Officers • Pursuing federal funding for gang suppression through the FBI Safe Streets Program • Utilizing all forms of covert and overt surveillance methods to interdict gang activity • Work to strengthen city ordinances and state laws to enhance crimes that are gang related Prevention/Intervention: • • Add two additional school resource officers to the existing four in the Yakima School District. This is a recommended best practice of the State's Gangs in School Task Force • Additionally all SRO's are trained in the Gang Resistance Education and Prevention Program (GREAT) • Enhancement of Police Athletic League programs and publicizing the programs • Support for Prevention/Intervention programs of the Southeast Community Center • Establishment of a Gang Information Hotline Staff Assignments: Since the creation of the GFI, Lt. Mike Merryman, CED Director Michael Morales, and Assistant City Manager Dave Zabell have been assigned to create the GFI implementation template, including engaging of a GFI Coordinator, development of a timeline of the GFI evolution from fall 2009, current status, and steps for the future. Next Steps: The immediate next steps are to obtain direction and input from the full City Council with respect to the GFI. If approved, then proceed with organizing a steering committee, engaging the GFI Coordinator and to identify and apply for available funds to accomplish the mission of the GFI. On- going: The accountability for the performance of the GFI will be monitored through the Council Public Safety Committee and reported on a continuous basis to the full Council and community. Chronological order of Council Decisions related to the GFI The effort directed at addressing crime and violence associated with . gang activity in the City of Yakima has recently taken the forefront of community discussion and City Council action. However, a brief overview of the action/direction from City Council related to the current City of Yakima Gang Free Initiative will be helpful for reference as the details of the GFI are worked out. The following information will provide an outline of City Council actions /discussions regarding the GFI project. 1. 08/04/2009 - Council Meeting - Council Member Rodriguez expressed her concern about the growing gang violence in the City and questioned how the Council could intervene in the problem. 2. 11/03/2009 - Council Meeting - Council Member Rodriguez advised her intent to push for a "long -term initiative to tackle the gang problem." She requested staff develop a model for the City. She suggested it go through the Public Safety Committee and be ready for Council in 60 -90 days. Council Member Bill Lover suggested this be handled by the Public Safety Committee and they report their progress to the Council every two weeks. 3. 11/10/2009 - The Council Public Safety Committee met in a Special Session to discuss Councilmember Rodriguez's gang initiative proposal. Michael Morales was tasked with developing a proposal based on "best practices" from around the country. The PSC moved to bring the "Initiative" proposal to the full Council on December 15, 2009. 4. 11/17/20009 — Council Meeting - City Manager's Report .— Consideration of a recommendation from the Council Public Safety Committee to initiate a gang free zone. The Gang Free Initiative was explored further. Council Member Love stated "it should have a full study session with quarterly reports going through the full Council rather than staff." "Coffee moved and Adkison seconded to go forward with the gang initiative that was forwarded by the public safety committee and have staff look at various plans, obtain citizen input, while keeping the Council informed as they would be the ones adopting and implementing it at the appropriate time. Also look into hiring someone to direct it. When the plan is available hold a Council study session." 5. 01/20/2010 — Council Meeting - Council PSC report — Status of the GFI was given. Direction was given to move ahead with the GFI. 6. 02/17/2010 — Council PSC report — Status of the GFI was given. Staff directed to draw up specific goals /benchmarks and develop an outline for the GFI. 7. 03/02/2010 — Council Meeting - Update the City of Yakima GFI status to council. Police Lt. Mike Merryman was identified as being "involved" in • creating a framework for a collaborative effort with community partners. 8. 03/24/2010 - Council PSC report — First presentation of "DRAFT" GFI plan was presented to the PSC. 9. 04/20/2010 - City Council Standing Meeting — Council discussed gang topic for approximately 40 minutes. "This is the City's number one priority." "The GFI will be unveiled at the next PSC meeting and soon be brought forward to the full Council for adoption." 10. 04/21/2010 - Update from PSC re: the GFI progress. Merryman updated the committee on the GFI draft plan and advised the committee needed to provide direction on their vision for the project director /coordinator position. "Coffey recommended to adopt the GFI as presented, hire the coordinator, to be financed by the general fund contingency, move ahead with the campaign and promotion, and develop the steering committee. This will all be presented at a study session on May 11." • • • • • GFI Timeline and Task List Council member Kathy Coffey Emphasis Funding GFI Full Patrol requests Awareness study GFI implementation, for Subcommittee session plan presented Funded presents 1 -hour Coordinator awareness & hired to Safety campaigns gang special adopted GFI Committee & Press simulcast on all Subcommittees Council for Awareness began by by c onference r e. TV siarions review Coordinate role campaign private Council GFl (YPD adoption moved to sector Gang Free Gang PSA implementation SECC, g ads & Union plan; coordinate of YPAL, youth Council Initiative President, p and other youth YPAL a budget; Public moves facilities in Police Chief & Safet forward running hour establish action y Council keeping children Committee through long gal g p g) plans & off the streets staff P resentin quarterly bench continuously marks i August October November January February April 2009 2009 2009 2010 2010 2010 Discuss role of GFI marketing plan • Press ONDS in Safety Steering formulated to • OJJDP Gang Integrated release re. stabilization of Committee committee include: Awareness Initiative to GFI success of targeted Council reviews Campaign Council; developed awareness neighborhoods Members action plans Speakers Bureau Committee Approved; & campaign seated on & Inventory of groups Establish meets & staff directed presented 4 block radius GFI sub- r'1 g P determines working on gangs g develops KCTS to research g g g neighborhood to Public in NE or SE committees sustainability organizations strategies holds & bring Safety Intern Yakima that is _ g state forward plan Committee brought on crime ridden & Steering Resources available wide board -GFI; has seniors on Committee gang Lt. YVCC's waiting list for selected Determine What to look for in kids 1 -hour long forum Merryman assistance from TV in named P1O marketing ONDS subcommittee; & chairs What to do if you suspect • simulcast- Yakima & Director gang activity PSAs- of GF1 Potential of Yakima *Suppression Yakima churches assisting in *Prevention What is being done to Herald ads- *Intervention combat gangs videos- Potentially ask List of activities individuals or • homebuilders to assisi organizations can do to become a "community involved" in solutions • May 7, 2010 List of Addendums and Attachments to Gang Free Initiative Proposal 1. Gang Free Initiative Proposal 2. Addendum A — Summary of Currently deployed GFI resources 3. Addendum B — Table of Organization for Gang Free Initiative 4. Addendum C — GFI Implementation Plan 5. Addendum D — GFI Coordinator Agreement for Personal Services 6. April 15, 2010 Memorandum from Chief Granato to Mayor and City Council re safe streets 7. January 15, 2010 Memorandum from staff to Public Safety Committee re GFI update ® 8. Yakima Valley Gang Prevention — Intervention — Suppression FY 2010, CJS Appropriations Request IIP • YAKIMA POLICE DEPARTMENT MEMORANDUM TO: Honorable Mayor and Members of the Yakima City Council VIA: Council Public Safety Committee Kathy Coffey, Chair Maureen Adkison Bill Lover Rick Ensey (alternate) FROM: Dick Zais, City Manager Dave Zabell, Assistant City Manager Sam Granato, Police Chief Michael Morales, CED Director Kelly Rosenow, Deputy Police Chief Mike Merryman, Lieutenant DATE: May 7, 2010 • SUBJECT: Gang Free Initiative Proposal In response to concerns about the chronic presence of gangs and gang crime in our community, last November, the Yakima City Council, led in part by then Council Member Sonia Rodriguez directed City Staff to develop a framework for the implementation of a "City of Yakima Gang Free Initiative," (GFI). Staff was instructed to work through the Public Safety Committee in developing this framework and over the past few months much has been accomplished toward this goal. The proposed 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. As background, the January 15, 2010 memorandum previously provided to you which briefly outlines City Council action regarding the GFI for Yakima, and other efforts in the County is attached. At the March 2, 2010 Yakima City Council meeting, a brief overview of the progress towards the development of a Gang Free Initiative was presented to the full Council by Assistant City Manager Dave Zabell, Director of Community and Economic Development, Michael Morales and Lt. Mike Merryman. The Council directed that the GFI effort move forward through the Council Public Safety Committee. During the ensuing weeks, considerable effort has been expended by staff and the Council Public Safety Committee in reviewing our past, current, and potential future gang Suppression, Prevention and Intervention efforts, and in preparing for City Council consideration, a • GFI for our City aimed at reducing or eliminating gang related crimes and activity and making Yakima a safer community for all our citizens. Council Public Safety Committee 1 (PSC) Chairperson Coffey has provided key leadership in the development of the GFI. A • "Draft" GFI implementation plan was subsequently presented to the Yakima PSC on March 18, at which time direction was given to move forward in presenting the proposal to the City Council for approval. Background To understand what is needed to move our GFI to the next step requires an understanding of what is in place now in terms of prevention, intervention and suppression. The City of Yakima has been engaged in gang intervention and prevention efforts for several years. Those efforts,have been implemented directly through the Yakima Police Department, or through partnerships with agencies such as the Yakima School District (school resource officers), OIC through the gang prevention/intervention efforts at the Southeast Community Center, and several other programs. These programs have been successful in reaching thousands of Yakima youth and providing them with education and experiences designed to keep them on a productive life path. Additionally, suppression efforts by the Yakima Police Department have been stepped up and modified by the department over the past five years. As a result of these enhancements to the City's suppression efforts, many successful prosecutions for crimes related to gang activity have occurred, and more importantly, the statistics demonstrate a continuing decline of crime per capita in most areas. From a gang crime suppression standpoint, with additional resources much more could be done to address the near -term problem. Given our community experience with gangs and gang related crime, we can reach several major conclusions: • The gang problem is not one which we can arrest our way out of and sustain success. • Success in addressing the gang problem will require the engagement of community members, social service providers and the faith based community. • Additional resources and greater coordination is required in the areas of suppression, prevention and intervention. • Greater coordination among the City's efforts, and those of other agencies engaged in suppression, prevention and intervention is required. Current Efforts in Suppression - Prevention - Intervention Past and present suppression, prevention and intervention efforts directed at gang crime and violence have been substantial, but unbalanced and uncoordinated. The community's willingness and ability to adequately fund efforts intended to eliminate and /or reduce gang activity in Yakima has presented a constant challenge. That challenge has largely been how to effectively deploy personnel and resources in a manner that achieves the desired outcome(s) expected by the community we serve. That being said, this snapshot 2 . of City lead activities is intended to inform you what the City has done, and is currently doing, to address the gang problem in Yakima. Suppression: Current suppression efforts focus on the investigation of gang crimes and the arrest(s) and prosecution of those individuals responsible. In fine tuning these efforts the Police Department has made significant alterations to its workforce, to include the development of a Gang Enforcement Team (2004), the use of Emphasis Patrols in high crime areas (2005 on- going), and the development of a Proactive Team (2007). As depicted in Addendum A, the City of Yakima is currently investing $3M annually in staffing and other hard costs required to perform suppression activities directed at gang enforcement. Prevention/Intervention: The City is also engaged in prevention and intervention activities, including; • School Resource Officer Program • Gang Resistance Education And Training • Yakima Police Athletic League • Southeast Community Center Many of these efforts- have roots dating back several years, e.g.; the initial GREAT program implemented in 1993, the Yakima Police Athletic Association established for • outh activities in 2003. The City and the Yakima Police Department has had a long- standing commitment to intervention and mentoring youth. The annual investment associated in delivering current prevention and intervention services, much of it through our Community Services Division, is substantial, at just over $1M, as depicted in Addendum A. A total of nearly $4 million or approximately 20% of the Yakima Police Department budget for 2010 is currently invested in gang suppression, intervention, and prevention efforts. That said, the City's current prevention and intervention programs and efforts, although effective for their time, cannot keep pace with the current gang problem in our City. The fact is the current level of gang related crime indicates that the City has fallen short in developing a sufficiently funded, broad - based, and balanced and approach to the gang problem. GFI Plan & the Future With a solid understanding of current efforts, a discussion on the GFI itself is in order. The first order of business in launching any initiative of substance is to establish an organizational framework. The GFI Table of Organization, attached as Addendum B, outlines the basic organizational structure under which the GFI Steering Committee will • operate. This Steering Committee, comprised of approximately 25 local stakeholders, will work closely with the GFI Coordinator. The Steering Committee will focus their 3 efforts on furthering the GFI objectives via various tasks as they relate to the reduction of gang related crimes and activity within the City. The City Council will serve as the GFI Executive Committee. The GFI Steering Committee will report to the Council on the progress of the GFI efforts on a regular basis. The Steering Committee will set policy and oversee the functions of the Suppression, Prevention and Intervention Committees. Each of these three committees will have a Council representative from the PSC as a member. With the organizational framework established, the vision of what is to be accomplished needs to be communicated. The GFI Implementation Plan, attached as Addendum C provides the draft implementation plan for the City of Yakima GFI. This plan, comprised of "Areas" defined as Suppression, Prevention and Intervention respectively, outlines a starting point for the GFI Steering Committee to begin the work of the GFI. It should be noted that aside from the common goal of reducing gang related crimes and activity within the City of Yakima, the steering committee and sub - committees will be empowered to develop and enhance the various objectives, define the outcome measures and activities in order to achieve the GFI goals and objectives. Staff Assignments and Resources In January, 2010, the Council considered options including, but not limited to, the development of a new GFI project. Discussions revolved around how to staff, manage, direct, or otherwise facilitate the development of a strategy or strategies to address gang issues. In considering available resources and staff capabilities, the City Manager and Police Chief determined that Lieutenant Mike Merryman be designated as the principal staff person dedicated to the GFI effort. This was formally announced to the City Council during the March 2 GFI briefing. Understanding the need for specialized expertise and additional capacity to sustain the GFI effort, we are recommending the hiring of a GFI "Coordinator" to assist with the development and implementation of the GFI strategies, including the critical element of community engagement. As proposed, the GFI Coordinator will be funded out of the General Contingency Fund through a Professional Services Contract, for the balance of 2010. Funding of this resource into 2011, including the possibility of outside resources, will be examined as part of the annual budget development process. Approximately $50- 75K will be allocated to cover this cost for the remainder of 2010. A draft agreement for "Personal Services" is attached as Addendum D. The document includes an approximate scope of work and outlines the terms and conditions under which the GFI Coordinator will be retained. Staff will continue to maintain close contact and coordination with the PSC as the GFI effort moves forward. 4 • Recent GFI Related Activities Since direction was provided by Council, the Public Safety Committee and staff have been working to develop the draft GFI implementation plan as discussed above. Keeping in mind that the City Council provided specific direction that the GFI effort is to be developed with the purpose of impacting gang crime in the City of Yakima, efforts are already underway. These efforts have involved numerous internal meetings and interactions at the elected and professional staff level with Yakima County, ESD 105, Yakima School District and several of our partner social service agencies. These early efforts at coordination will help to ensure the success of the GFI: Of particular note, efforts have already begun to move forward with developing a working relationship with Yakima County as they continue to design their Yakima County Gang Commission. While the County's effort is more global in nature, it is recognized that close coordination will be to our mutual benefit. Awareness Campaign As part of early GFI efforts in public engagement, the City of Yakima Gang Awareness Campaign was launched on April 10, with the showing of a one -hour TV special called, "Gangs — Taking Back our Community" on local stations KYVE, KAPP, KNDO, KIMA, and KCYU. A few days later, a related public service ad campaign was launched utilizing television, radio and print media. Through both the TV special and the ads that are • running now, community members have been encouraged to call local organizations like Yakima County 211 and ESD 105 for help and resources dealing with gang issues. The ads will continue running on local TV and radio stations and in local newspapers until July 4. The TV special will also be replayed several times on YCTV, Charter Cable channel 21, and on Y -PAC, Charter Cable channel 22. The idea for the Yakima Gang Awareness Campaign was developed last year as part of an effort by Council Member Coffey to bring together representatives from local government, non - profit agencies, schools, media, law enforcement, and other organizations to discuss how best to inform the community about the negative impacts of gangs in Yakima. Through a series of meetings, the concept of a broad, sustained media campaign emerged as an achievable first step. So far, the effort is paying off The ads are already attracting new community partners. With a raised level of community awareness regarding the status of gangs and gang activity in Yakima, the timing is right to take the next logical step, and that is to launch the City if Yakima Gang Free Initiative. Next Steps At this time the PSC and staff assigned to the GFI effort require clear direction from the full City Council with respect to the GFI proposal. The proposed "Organizational Chart" ® and draft "Implementation Plan" serve as a starting point for the GFI Steering Committee to utilize as they move this project forward. 5 Additionally, identification of possible funding sources for various components of the GFI strategy are being explored. The following grants may serve as possible GFI funding sources, although many of the expenditures allowable by the Grantee(s) have already been pre- authorized for other projects. A Grant Adjustment Notice must be submitted and approved before monies can be directed to the GFI project. 2009 JAG Portion applied to YPAL $30K 2009 Disparate Agencies Portion applied to related projects $229K 2008 Second Chance Portion applied to related projects $242K 2008 COPS Tech Portion applied to related projects $297K 2007 JAG Portion applied to YPAL $4K Attached for your consideration is a memorandum dated April 15, 2010 from Chief Granato regarding a recent effort to re- establish federal support in the form of personnel and funding for the Violent Crimes Street Task Force from the FBI's Safe Streets Act. As additional research is conducted to identify other potential funding sources and or grant opportunities, it will be important to keep in mind the risk factors for youth who join or affiliate with gangs, (i.e., drugs, alcohol, parenting issues, pregnancy prevention, etc.), and the protective factors such as mentoring programs, tutoring, and recreational opportunities which have proven to make an impact and change lives. GFI Coordinator: The earliest and perhaps most critical work of the GFI Coordinator is to establish and ensure the basic infrastructure of the initiative is put into practice. The success of any venture requires a solid foundation, with the GFI development of the committee infrastructure through strong organizations and broad and relevant membership, including grassroots involvement, is essential. The attached Addendum D provides an outline of the anticipated terms and conditions of the GFI Coordinator relationship. Recommendation: Due to the complexity of developing a comprehensive gang strategy it is recommended the GFI be developed in Phases. This will allow Council, staff, partners, and community residents the ability to measure the success of the GFI. It is proposed the Phases be as follows: Phase 1: within 0 - 6 months • City council authorizes the City Manager to utilize up to $75,000 in contingency funds this year to execute a personal contract as presented in 411 6 4110 Addendum D to assist in the initial phases of plan development. This contractor /coordinator should be an expert in the field of community mobilization and partnerships. • Continue the current marketing campaign aimed at informing residents, current and potential partners, and residents of the GFI (on -going in all phases). • Recruitment of community partners and residents to serve on the Steering Committee. • Steering Committee members, Council, and city staff receive community mobilization training (should be conducted by contractor /coordinator). • Continue to identify and apply for outside grant funding (on -going in all phases). • Develop a Memorandum of Understanding between City and partners. • Continue current, suppression, prevention, and intervention activities (on- going in all phases). • City Council formally appoints Steering Committee members. • Initiate the development of a Community Needs Assessment (on- going in all phases and necessary for future funding opportunities). • Identify neighborhoods in need of assistance using Crime Analysis. • Identify neighborhood residents, leaders, and business owners to support the GFI. • Direct that monthly updates of the GFI be presented to the Council Public • Safety Committee and quarterly to the full Council. Phase 2: 7 —12 months (in addition to completion of any activities in Phase 1) • Steering Committee members recruit sub - committee members. • City Council formally appoints sub committee members. • Sub - committee members trained in community mobilization. • Steering Committee, sub - committee, contractor, staff, and GFI Director develop goals, objectives, measurements, and tasks for the Implementation Plan. • Put into practice activities and tasks as identified in the Implementation Plan (on- going) • Continue to identify funding sources. • Recruitment of Project Coordinator (original contractor may fill this role). • Identification of measurement tool for GFI evaluation (will be necessary when applying for certain grant funding). • Steering and sub - committee members, City staff, Project Director, and Contractor /Coordinator receive training on OJJDP's "A Guide to Assessing Your Community's Youth Gang Problem ". • Create a Data Collection Plan and appoint the Assessment Work Group Members Phase 3: 13 months — ongoing (in addition to completion of any activities in Phases • 1 and 2). 7 • Hire evaluator. • • Continue on -going activities from Phases 1 and 2. • Celebrate successes. It should be noted the activities within the various Phases may be updated as necessary by the City, steering committee, and City Council. It is important to continuously test the validity of activities and/or strategies, eliminate those which are not successful or achievable and inject new ones as appropriate. The marketing plan should be an on- going activity not only to inform the residents and stakeholders, but to also ensure GFI successes are acknowledged. Summary: The effort to address gang crime and violence in the City of Yakima and make our community safer must be multi- faceted involving members of the community and representatives of our social network, and will require a clear long -term vision and commitment on what needs to be done to make that happen. The role of those involved in this effort must primarily be that of "Vision Casters" and policy setters. The proposed GFI framework outlines the structure in which a Steering Committee will work to carry out the direction of the Council, to "Reduce gang related crimes and activity within the City of Yakima." The attached document entitled GFI Timeline and Task List, prepared by Council 410 Member Coffey provides a concise one page document that addresses program highlights to date and those on the near -term horizon. • 8 ADDENDUM A • City of Yakima Police Department 200 5, 3" Street Yakima, Samuel Granato, Chief of Police Washington 98901 'r. Telephone (509)575 -6200 Fax (509)575 -6007 MEMORANDUM May 5, 2010 TO: Dick Zais, City Manager FROM: Samuel Granato, Chief of Police Kelly M. Rosenow, Deputy Chief of Police Lt. Mike Merryman SUBJECT: Currently Deployed - Gang Free Initiative Resources The following information is submitted for review by council for the May 11, 2010 Study Session regarding the efforts to date in preparation of the Gang Free Initiative. The Yakima Police Department has prioritized gang enforcement for a number of years. The Gang Enforcement Unit was formed in 2004 in response to an increase in gang activity. The ProAct Unit was formed in 2007 with an emphasis on property crimes. Both units are now focusing on gang activity and related crimes. Combined, these two units comprise 14 highly trained law enforcement officers. It is estimated the police department spends approximately 7% of its resources (not including the dedicated funds for GET, ProAct, and Community Services) in gang suppression. This represents $1,444,800 of the department's annual budget not including capital fund expenses. This number includes staff and personnel time for administration, policing, corrections, crime analysis, and clerical duties. Also included is fuel, prisoner housing, and general supplies related to gang enforcement. This is only an estimate and is likely conservative as we know our detectives spend a considerable amount of their time dealing with gang related crimes. 1 Gana Enforcement Team (GET): Formed in 2004, this unit specializes in developing information related to gang • activities, works with BATF to develop firearm cases against gang members, and oversees the department's gang database, (now GangNet). While this is primarily a suppression unit, at times the officers may find themselves in the role of prevention and intervention. 1.2* ary b * ��'c f 3 p £ h i 0 ottoi 2010 S f a la Benefiits, , fi Overtime , = Total Sergeant $86,809 $26,770 $18,870 $132,449 (6) Officers $432,483 $137,000 $51,740 $621,223 $753,672 *actual cost of overtime in 2009 — difficult to project 2010 overtime Initially the GET Unit vehicles and equipment was funded by a Justice Assistance Grant for approximately $110,000. ProAct: Formed in 2007 and funded with the Library Tax with the unit's initial focus to address property crime. The unit has been redirected to focus on gang activity and related crime. ProAct works an opposite shift of GET unit to ensure 7 days a week coverage of a specialized unit to address gang activity. ProAct is considered a suppression unit. 4 �n � 1` s .rte* � �a '*` ' 1. '' 1 u " "�0 , 2^» 009 ` 4 � a r& Pro . 2010 Sal ary° '" Benefits ' O Tota Sergeant $85,382 $31,071 $4,736 $121,189 (5) Officers $368,792 $119,188 $36,747 $524,727 $645,916 *actual cost of overtime in 2009 — difficult to project 2010 overtime Community Services: In addition to the suppression activities described above, the City invests additional resources into intervention and prevention efforts through the Police Department's Community Services division. The majority of the unit is housed at YPAL with the primary responsibility to implement the department's crime prevention programs; i.e., block watch, VIP's, CFRH, YPAL, SRO's, and GREAT. The SRO's and GREAT officers work in the various schools, but are considered a function of Community services. 2 It is difficult to place a percentage of this unit's time to actual gang prevention, intervention, or suppression. Many of their duties overlap into the three disciplines, especially those of the SRO's. • Working on the concept that reducing gang activity and involvement is multiple disciplines, it is reasonable to assume all of these officers are committed to reduction of gang activity in some form or other, mostly prevention and intervention. i x d �d ad 7` { <ab b 4^ d � § g } t s r* �,200��� *2009 = � � Corn Svc 2010 °Salary Benefits i O iertirne '� >Total Lt. $95,241 $33,525 $3,043 $131,809 Sergeant $82,988 $30,904 $9,316 $123,208 Officer $74,239 $28,205 $11,773 $114,217 GREAT Sgt $78,268 $24,829 new position $103,097 (4) SRO's $330,736 $117,463 $24,132 $472,331 PSS 2 $43,768 $20,483 $5,357 $69,608 PSS 1 $35,892 $15,207 $2,684 $53,783 $1,068,053 *actual cost of overtime in 2009 — difficult to project 2010 overtime • 7% of .Budget $1,444,800 GET $753,672 ProAct $645,916 Community Services $1,068,053 TOTAL $3,912,441 • 3 CITY OF YAKIMA Gang Free Initiative Addendum B GFI EXECUTIVE COMMITTEE City Council GFI DIRECTOR Administrative Direction Administrative Fiscal Agent Support City of Yakima GFI COORDINATOR Day -to -Day Operations Program Implementation STEERING COMMITTEE (25 MEMBERS) 3- City of Yakima PSC 2- Non - profits 3- Target Neighbor Rep 1- City Manager 2- Business Members 2- Faith Community 1- Chief of Police 2- School District 1- Media 1- County Prosecutor 1- Mental Health 1- 1- 2- Youth 1- 1- 1- YCDOC 1- 1. Suppression Prevention / Intervention Committee Committee Committee PSC member PSC member PSC member TBD TBD TBD I I mom 5 -3 -10 • • • AddendumYO DRAFT CITY OF YAKIMA GANG FREE INITIATIVE IMPLEMENTATION PLAN (mjm 5 -6 -10) AREA: SUPPRESSION A GOAL: Reduce gang related crimes and activity within the City of Yakima OBJECTIVE la: Develop a strategy for reducing gang related crimes. OUTCOME MEASURE (S): Reduce crimes by gang members in targeted neighborhoods by 10% by the end of Year one. ACTIVITY: Targeted deployment of law enforcement personnel to address gang activity. Tasks For Completing Activity Start date/ By Whom Resources/ End date Fund source Coordinate and concentrate activities of Yakima Police, Federal July 2010 YPD, Gang Task Force L & J Capital Fund Law Enforcement, Juvenile Court, and Yakima Municipal /County VCTF,ATF, ICE, DEA, FBI Grants Prosecutors Office, including the use of County-Wide gang task In -Kind Contributions force, VCTF, local officers, and confidential informants. Work with U.S. Attorney, Yakima County Prosecutor, City July 2010 Prosecutors L &J Capital Fund Attorneys to prosecute those arrested for gang related crimes. Ongoing Grants / In -Kind Use of Surveillance Strategies to survey sites of gang activity. July 2010 YPD, Gang Task Force L&JCF / Grants , in -kind Ongoing ICE, ATF, FBI Work with County/Municipal Attorneys office to develop a July 2010 Code Enforcement L & J Capital Fund standard format for contacting owners and landlords in writing Ongoing Grants to request that action be taken to eliminate the criminal activity. In —Kind Contributions Enforcement of Nuisance Ordinace(s) as deemed applicable. Intermittently Yakima Police Dept Emphasis Patrols In 2010 ® ® • DRAFT CITY OF YAKIMA GANG FREE INITIATIVE IMPLEMENTATION PLAN AREA: PREVENTION GOAL: Reduce gang related crimes and activity within the City of Yakima. OBJECTIVE lb: Develop or enhance community education efforts and youth activities to offer referrals and programs for youth and their families in the targeted neighborhood. OUTCOME Provide at least 200 referrals a year from the community to various services for families in the MEASURE (S): targeted neighborhood. ACTIVITY: Offer extended learning programs and job training to youth and families. Identify prevention resources For at -risk youth Tasks For Completing Activity Start date/ By Whom - Resources/ ' End date Fund source In collaboration with various Yakima service providers, July 2010 GFI Coordinator TBD develop a comprehensive menu of programs, activities, and ongoing Prevention Committee Grants services for the City of Yakima. In -Kind Contributions Train personnel from the Yakima Police Department, service July 2010 GFI Coordinator TBD providers, and school district of services offered in Yakima ongoing Prevention Committee Grants In -Kind Contributions Provide a variety of non -sport activities in Yakima to raise self- July 2010 GFI Coordinator TBD esteem, self — confidence, and self - respect of "at- risk" youth ongoing Prevention Committee Grants in the targeted neighborhood(s). Yakima PAL / OIC In -Kind Contributions Use public service announcements, press releases, distribute flyers, July 2010 GFI Coordinator TBD and posters to ensure that the targeted neighborhood is aware of ongoing Prevention Committee Grants • services available in their community. Yakima PAL / OIC In -Kind Contributions •. • • DRAFT CITY OF YAKIMA GANG FREE INITIATIVE IMPLEMENTATION PLAN AREA: INTERVENTION GOAL: Reduce gang related crimes and activity within the City of Yakima. OBJECTIVE 1c: Empower people who live and /or work in the City of Yakima to take an active role in crime intervention efforts by involving neighborhood businesses, churches, social service organizations, schools, and other groups as an integral part of the Community Policing effort. OUTCOME Involve at least 200 neighborhood residents, business owners and other stakeholders in survey, MEASURE (S): Block Watch and other community intervention activities by the end of Year 1. ACTIVITY: Develop ways for active participation in the Yakima Gang Fee Initiative by neighborhood groups. Tasks For Completing Activity Start date/ By Whom Resources/ End date Fund source Work with community groups, students, volunteers, and others March 2010 GFI Coordinator TBD to establish clean -up crews to paint over graffiti, clean up glass ongoing Volunteers /OIC Grants and to beautify Yakima. Intervention Committee In -Kind Contributions GFI Coordinator TBD Survey targeted neighborhoods to assess and determine the need July 2010 Volunteers /OIC Grants for emergency services. Yakima Police Dept. In -Kind Contributions Intervention Committee TBD Fund intervention. Ongoing Intervention Committee Grants Yakima Police Dept. In -Kind Contributions Host a series of community meetings in recreational and OIC educational opportunities. Addendum D GANG FREE INITIATIVE COORDINATOR AGREEMENT FOR PERSONAL SERVICES FOR THE CITY OF ‘ 5 14 This PROFESSIONAL SERVICES AGREEMENT is made and entered into, 010 between the CITY OF YAKIMA, Washington, a municipal corporation, located 3. ' t1Vorth 2 " i. Street, Yakima, VIA 98901 (hereinafter referred to as CITY), and CON :a °ACTOR, an independent contractor, located at ADDRESS (hereinafter referred to as CONTRACTOR). 1. Scope of Services. The CONTRACTOR agrees to perform the following services and work for the CITY: A. 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. B. The work and activities set forth in this Agreement. C. The work and activities set forth as follows. Duties may include, but are not limited to, the following: ® • Coordinates meetings and activities of the Steering Committee and prepares appropriate materials for meetings. • Coordinates, monitors, and assists with all data collection by the Assessment Workgroup and assists with compiling of information required for Assessment work. • Coordinates and /or performs the completion and submission of quarterly and annual reports. • Works as a liaison between the Research Partner, Steering Committee, and Assessment Work Group, updating personnel on progress and challenges and arranging joint meetings. • Confers with participating agencies, including schools, juvenile courts, law enforcement officials, probation officers, government agencies, local elected officials, grassroots groups, and others. • Develops public awareness documents and publicity materials. Provides training on the assessment process. QUALIFICATIONS: • Desired Knowledge: • Familiarity with local agencies (schools, social services, law enforcement, courts /corrections), local units of government, and grassroots organizations. • Knowledge of principles and practices of budget preparation. • Knowledge of principles and practices of strategic planning. • Knowledge of principles of supervision, training, and performance evaluation. • Basic understanding of gang intervention, suppression, and prevention strategies. • Basic knowledge of youth gang involvement and gang - related activities. Ability to: • Network effectively with a variety of types of organizations, including government agencies, law enforcement agencies, schools, social service agencies, courts /probation /corrections, and grassroots organizations. • Demonstrate organization, administration, and personnel management skills. • Work effectively with key community leaders and residents, diverse population groups, and youth. • Work with high -risk, gang - involved populations. • Identify community resources to assist in implementation of the project. • Interpret and apply federal, state, and local policies, procedures, laws, and regulations. • Analyze problems, identify alternate solutions, project consequences of proposed actions, and implement recommendations in support of goals of the project. • Gain cooperation and collaboration through discussion and persuasion. • Exercise judgment regarding appropriate information sharing, confidentiality requirements, and human relations. • Assist in selection of project staff and train, supervise, and evaluate those staff. • Communicate clearly and concisely, both orally and in writing. • Provide training on the OJJDP Comprehensive Gang Model. • Establish and maintain cooperative relationships with those contacted in the course of work. • Set priorities and work independently in the absence of supervision. • Demonstrate knowledge of word processing and spreadsheet software. • Basic understanding of statistical principles and data analysis. 2. Term of Agreement. The term of this agreement shall begin Date or upon execution by both parties, whichever is later, and shall terminate upon the completion of all services required hereunder by the CONTRACTOR, but no later than DATE, unless terminated earlier by the CITY in accordance with Section 10 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 and rates: A. For the period beginning DATE and ending DATE, inclusive, $XXX for the entire period. As invoiced CITY will pay CONTRACTOR XXX Dollars ($ ? ?.00) per (hour or • month) for the satisfactory performance of the contracted activities rendered by the CONTRACTOR. (The CONTRACTOR shall invoice CITY monthly for services the CONTRACTOR provides. An itemized statement listing the services provided, the dates services were provided, and the amount of payment due shall accompany the invoice. Invoices shall be sent to CITY, ATTN: CITY will reimburse the CONTRACTOR within fifteen (15) 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 fifteen (15) 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.) B. It is expressly understood by CITY and CONTRACTOR that the terms of this Agreement limit the total compensation for services and miscellaneous expenses for the period beginning DATE and ending DATE to a maximum of $XXX. (The CONTRACTOR shall monitor the work performed under this agreement and shall not accept an assignment under the agreement if it will cause or is reasonably likely to cause the total amount paid under the agreement for the agreement period specified in Section 2 to exceed the maximum allowable compensation for services.) C. CITY will reimburse the CONTRACTOR for travel for the purposes of this AGREEMENT. Reimbursable expenses will include airfare, hotel accommodations, • local transportation costs and meals. a.) Meals will be reimbursed at a rate of fifty dollars ($50.00) per day of travel. b.) CITY shall approve all travel expenses in advance. D. It is understood by the CONTRACTOR that the availability of funds is contingent- °on budget limitations of the CITY of Yakima, state and federal grants, and appropriations made by the United States Congress. If Congress or its designee fails at any time to continue funding CITY for the payments due hereunder, this agreement is terminated as of the date funding expires without further obligation of CITY. E. The CONTRACTOR shall not be paid for services rendered under the Agreement unless and until they have been performed to the satisfaction of the CITY. 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 the 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 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 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. Hold Harmless ® A. CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its elected 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 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 officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Contract. B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its elected 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 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 officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Contract. C. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. ® 6. Insurance At all times during performance of the Services, CONTRACTOR shall secure and maintain in effect insurance to protect the CITY and CONTRACTOR from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. 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. Commercial General Liability Insurance. Before this Contract is fully executed by the parties, CONTRACTOR shall provide the CITY with a, certificate of insurance as proof of commercial liability insurance and commercial 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. 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 Contract. The policy shall name the CITY, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer 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 and admitted in the State of Washington. B. Commercial Automobile Liability Insurance. i. If CONTRACTOR owns any vehicles, before this Contract is fully executed by the parties, OIC shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and commercial 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. ii. If CONTRACTOR does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 12.2 entitled "Commercial Liability Insurance ". C. Professional Liability Coverage. Before this Contract 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 Contract. The policy shall contain a clause that the insurer 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 contract. D. Under either situation 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. Said policy shall be in effect for the duration of this Contract. The policy shall name the CITY, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer 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 and admitted in the State of Washington. 7. 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. 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. 8. 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. 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 411 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. B. 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. C. 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. 9. 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. 10. Suspension and Termination A. CITY may suspend or terminate this agreement for any reason thirty (30) days after delivery of written notice to the CONTRACTOR. CITY may suspend or terminate this agreement immediately after delivery of written notice to the CONTRACTOR if CITY: i. Discovers any illegal conduct on the part of the CONTRACTOR; or ii. Discovers a violation of any term of this agreement; or iii. Is subject to a loss of funding as set forth in Section 3. B. The CONTRACTOR, upon receipt of notice of suspension or termination, shall cease work on the suspended or terminated activities under this agreement, suspend or terminate any subcontracts relating to such suspended or terminated activities, 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. C. 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, less any funds previously paid by or on behalf of CITY (and $$$ for each month remaining on the agreement period). In the case of services for which the CONTRACTOR charges a fee for service, compensation shall be based on a reasonable percentage of the total services performed, as determined by CITY, less any funds previously paid by or on behalf of CITY. 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. 11. 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. D. 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. E. 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. 12. 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. 13. 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. Claims for compensation due or to become due the CONTRACTOR from CITY under this agreement may be assigned to a bank, trust company, or other financial institution without CITY's approval if notice of any such assignment is promptly furnished in writing to CITY. 14. 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 illegal drugs or alcohol or abuse prescription drugs in any way while working on state, county, or municipal property. 15. 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. 16. 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: In case of CONTRACTOR, to: 17. 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 Name: Richard A. Zais, Jr. Name: Title: City Manager Title: Signature Signature Date: Date: • . J April 15 2010 To: City Manager Dick Zais, City Council Re: FBI Safe Streets Task Force From: Chief Sam Granato I had previously informed you of the possibility that Yakima would be eligible to receive federal funding support for the Violent Crimes Task Force (VCTF) from the FBI's Safe Streets Act. I have attached a synopsis of what the Safe Streets program is from the FBI Website. As you recall I first put this concept forward in 2005 after the Ricky and Mya Causor homicides. This was the tragic case where two gang members committed a home invasion robbery and subsequently murdered the father and his three year old daughter and severelyy wounded the mother. We were unable to secure support for the task force at the time due to FBI requirements that the task force be multi jurisdictional. Yakima PD alone could not be eligible. Shortly after our request Spokane formed a Safe Street Task Force. We again approached this concept in 2008. The issues then revolved around lack of FBI personnel to oversee the project which is required for eligibility thus it did not happen. ® Tri- Cities that year received funding for such a task force. As you know, in 2008, Yakima PD and Yakima County Sheriff's Office and Sunnyside PD did move forward along with State Department of Corrections, Immigration and Customs Enforcement, US Marshals, ATF to form the VCTF. Last fall I received a call from Assistant Supervisory Special Agent Frank Harill of the Spokane office that the FBI was adding an agent to the Yakima Field Office that hopefully could work with the VCTF. The Agent has worked with the task force on various cases. Last week I called SA Harill to see if there would be a possibility of now qualifying for Safe Streets funding. Agent Harill informed me that he did believe that we did and was very anxious to proceed with a meeting to speak with me and Sheriff Irwin so see if Sheriff Irwin would be in favor. The three of us met Tuesday just before the Yakima Valley Law Enforcement Association meeting to discuss the proposal and Sheriff Irwin was in agreement with me that we wanted the FBI to forward a proposal for Safe Street Task Force Funding for Yakima. I agreed to move the entire gang unit into the VCTF upon confirmation of funding if not sooner and keep the current detective assigned to the task force for a total of 8 FTE's. This may change to add another detective to have two detectives who exclusively work the gang homicides. Sheriff Irwin advised he would keep his three deputies currently in the unit for a total of 11 FTE's. S What does this mean dollar wise: • Safe Streets Task Force funding pays for up to $16,000 per FTE in reimbursable overtime (potential for 9 YPD officers OT savings (145,000) • Pays for all cellular blackberries • Secure Radio Communications (defeats scanners) • Gang Unit Operations training for Unit Commanders • Officer Training on Gang Investigations • Pays for new leased vehicle and fuel that can be changed out every six months • Computers and Laptops and related office equipment. It can pay rent for housing of the task force on a case by case basis and will be requested in our proposal. • It is sustainable funding for the life of the task force and as you can see from the summary has been funded since 1992. • Informant money and buy money • Witness protection and relocation funds • The overtime money applies to all members of the task force local, state, and federal officers. • Sustainable funding for long term investigations. The estimated total value was quoted by Agent Harill of up to three million dollars. I assume that is in total project costs to include all that is listed above and some not listed. Facility rental is approved on a case by case basis and will be included in the proposal but subject to approval. I cannot tell you how pleased that this has finally come to pass to help Yakima deal with the violent gangs that are plaguing our communities. It has been a goal of mine to achieve this funding and certainly overdue. The FBI is preparing the proposal and it could be at least 90 to 180 days for this to be approved but we are virtually assured that this will happened and it certainly would not hurt to ask our congressional delegation to Washington to endorse this project. This initiative was announced at the YVLEA meeting but we still have to call a meeting of the VCTF partners to advise them all and ensure that all our State and Federal partners will continue to participate. That meeting is scheduled for April 29 I feel confident they will since many of the members were present. The initial concept is a county wide task force as is currently the VCTF scope. As this these details become available and any MOU's that need to be signed I will keep you informed including when I get a budget breakdown for the proposal from the FBI. Bear in mind this could still be six months off given the snails pace of the federal bureaucracy and thus the urging by the congressional delegation to urge it be sooner than later. 1110 • FBI Violent Gang Task Forces In January 1992, we announced the Safe Streets Violent Crime Initiative, designed to allow each field office to address violent street gangs and drug - related violence through the establishment of FBI sponsored, long -term, proactive task forces focusing on violent gangs, crime of violence, and the apprehension of violent fugitives. The Violent Gang Safe Streets Task Force became the vehicle through which all of the federal, state, and local law enforcement agencies joined together to address the violent crime plaguing their communities. The FBI's Safe Streets and Gang Unit administers 160 Violent Gang Safe Streets Task Forces. These task forces pursue violent gangs through sustained, proactive, coordinated investigations to obtain prosecutions under the U.S. Code, Titles 18 and 21, including violations such as racketeering, drug conspiracy, and firearms violations. The Safe Streets Task Force concept expands cooperation and communication among federal, state, and local law enforcement agencies, increasing productivity and avoiding duplication of investigative efforts. One of the key facets of a Safe Streets Task Force is the Enterprise Theory of Investigation (ETI). Combining short term, street level enforcement activity with such sophisticated techniques as consensual monitoring, financial analysis, and Title III wire intercepts investigations using ETI aim to root out and prosecute the entire gang, from the street level thugs and dealers up through the crew leaders and ultimately the gang's command structure. For the past 14 years, the ETI has proven time and again how effective federal racketeering, drug conspiracy, and firearms investigations can be, whether it is providing the incentive for witnesses to cooperate or imprisoning the gang's leaders for decades. • Source:FBI website • • MEMORANDUM January 15, 2010 TO: Council Public Safety Committee FR: Dave Zabell, Assistant City Manager Kelly Rosenow, Deputy Chief YPD Cynthia Martinez, Senior Assistant City Attorney Michael Morales, Deputy Director CED RE: Gang Free Initiative Update Following city council direction in November, city staff have spent considerable time studying the framework of a potential "Gang Free Initiative" for the City of Yakima that would follow the five principles of the Office of Juvenile Justice and Delinquency Prevention's comprehensive gang model. A number of examples from other communities have been researched, some driven by professional staff leads, and others by a coalition approach. The most common attribute among the best models is a strong coalition network of service providers that work in neighborhoods and directly with residents. The most common role of a city staff person is that of support for specific activities (block watch, clean up efforts, community relations, etc.), and/ or coordination of City departmental activities that support the mission of the coalition. In any case, it is a massive undertaking, assuming that a community is starting from scratch. Fortunately, there are a number of initiatives beginning to take shape that are further ahead than we had perceived. 1. Yakima County Comprehensive Gang Intervention Model: The city and county submitted appropriations requests for this effort in 2009. This request has received a $500,000 appropriation for 2010 as a result of our collaborative efforts, and the county is the lead agency. However, the money isn't as noteworthy as the approach that was funded. The city and county proposal set out to follow the OJJDP model on a countywide basis. As we have continued to work together over the past year, the framework for both the network and strategies has been substantially developed. Participants in this coalition include: ESD 105, Yakima County, YPD, Central Washington Comprehensive Mental Health, Northwest Community Action Council, Yakima Valley Farm Workers Clinic and others. The opportunity for Yakima lies in supporting this network to establish a presence in targeted high crime neighborhoods inside the city, and the dedication of sufficient resources to finance the effort on a scale commensurate with our community's needs. Attached is the proposal submitted with the city's FY 2010 appropriations requests. 2. Yakima County Gang Commission This effort was announced this week, and involves the same agencies and individuals as #1. While much work remains to be done, the reality is that gangs must be addressed on a countywide basis, with balanced (proportional) resource allocation where the targeted population resides. Commissioner Bouchey stated that the commission will require support of all 14 cities in Yakima County. Our support early in this process will minimize duplicative efforts, and help our partner agencies to allocate their resources more efficiently. 3. Stand Up for Outlook Sheriff Ken Irwin has initiated a community improvement project in the town of Outlook, and it is mentioned here because several attributes reflect the gang free initiative. First of all, the Sheriff Irwin has convinced a network of support agencies to reach into Outlook and address needs identified by the community. Secondly, the geographically focused effort is similar to what the city began to do in Northeast Yakima last summer. Third, this program will be replicated in other Yakima Valley communities following success in Outlook. As we look to define neighborhoods in which to reach out to residents and implement strategies, these same agencies are more likely to buy into the effort if it follows a model that they are comfortable with, and that has demonstrated results. Staff have been in contact with Sheriff Irwin and members of the support network, and have attended a planning meeting in Outlook. Next Steps At this time, we are not prepared to recommend hiring of executive level staff to carry out a proposed initiative that lacks definition and structure, and could appear to be duplicative, or in competition with, other positive activities that are underway. No matter what shape the initiative takes, it will require substantial resources. In the interim, we propose the following activities over the next 30 days. 1. Continue to work with Yakima County on the countywide OJJDP approach, including resource allocation, and monitoring the Stand Up Outlook project.. 2. Offer assistance in development of the County Gang Commission. 3. Continue working to identify how any project would be targeted to specific neighborhoods, and map the assets for implementation. 4. Develop a resource allocation plan for the city that may include staff support, both existing and new. • YAKIMA VALLEY GANG PREVENTION - INTERVENTION - SUPPRESSION FY 2010 CJS APPROPRIATIONS REQUESTS The City of Yakima and Yakima County have requested $500,000 in appropriations to implement aggressive gang prevention, intervention and suppression efforts. Federal funds would fund regional efforts to prevent and intervene with youth at -risk for continued gang involvement; enhance suppression activities by providing additional resources to regional law enforcement task forces in gang enforcement, street crimes, property crime, and drug trafficking. Additional Emphasis Patrol Sweeps will be coordinated on a countywide basis, and a highly visible and active presence will be improved and maintained in the region's most distressed neighborhoods. The Problem: The Yakima Valley is seeing another spike in violent crime, gang activity, and drug trafficking. Homicide rates, especially among teens, are up, in addition to armed home invasion robberies and assaults. The number of youth identified as gang members has grown considerably, and, as a result graffiti has become an epidemic that affects all areas of the community. In 2008, the city's Office of Neighborhood Development Services reported painting over 8000 graffiti locations, which required over 600 gallons of paint and 500 hours of labor. Special emphasis efforts, including . those funded with Byrne Discretionary Grants, have begun to impact the community, but gang - related criminal homicide is on the rise. During 2008, there were a total of 1,672 violent crimes reported. This figure is 8.4% below that of 2007 and 11.6% lower than that of 2006. Specific violent crimes were as follows: 2006 2007 2008 Criminal Homicide 5 7 8 Forcible Rape 59 63 47 Robbery 160 137 130 Aggravated Assault 157 227 184 Aggravated D.V. Assault 67 127 50 Assault 588 502 488 D.V. Assault 803 696 738 Arson 52 67 27 Totals: 1,891 1,826 1,672 • While the root causes of individual behavior and/or choices can be attributed to multiple socio- economic factors (poverty, substance abuse, low education levels, broken homes, lack of parental involvement, etc.), one cause for the increased level of violent street crime and gang activity is a known lack of resources within local enforcement to prevent and combat this behavior. Yakima's police officer ratio continues to lag behind the western states average, and our counterparts in Washington state. The city's ability to provide for the public's safety and build capacity in our most crime ridden neighborhoods can only keep pace with the increase in crime through federal financial assistance. The reality is that we need to establish a permanent presence in our most troubled neighborhoods throughout Yakima County. Yakima County Regional Effort A county -wide comprehensive anti -gang initiative is being developed, and an appropriations request has also been submitted by Yakima County, and the county is requesting a $350,000 appropriation, to be used as follows: Prevention - $ 50,000 Intervention - $150,000 Suppression $100.000 Steering Committee Costs and Project Consultation $50,000 The project will follow OJJDP's Comprehensive Gang Model (Best Practices to Address • Community Gang Problems) and develop service programs that will address the most pressing needs and problems presented by youth gangs. These programs will include prevention, intervention, and suppression programs. A Steering Committee will oversee the evolution of the project, advocate for funding, and provide long term guidance. The steering committee will be comprised of all municipal councils and law enforcement agencies, Juvenile Rehabilitation Administration, all school districts, agencies involved with juvenile justice, from both local government and non - profit 'service agencies, and from the community at- large. Prevention - [3000 youth] This component will consist of two staff assigned the responsibility to work with schools throughout Yakima County to utilize a prevention model developed and proven at Davis High School and at middle schools in the city of Yakima. Funded in part by the Gates Foundation, this program focuses on establishing an environment in schools with zero tolerance for gang behavior. Gang members and youth moving in that direction are closely monitored. Expanded programming like opening the school library in the evening, mentoring, and skill building to help youth stay in school and conform to the school culture provide at -risk, high -risk, and gang youth as many positive opportunities as possible to succeed. It has been clearly established by national level research that youth who stay in school are much less likely to participate in gangs or to commit crimes. • Suppression — [150 gang youth] Building the Bridges (BTB) a non - profit agency, will be • available around the clock to provide crisis intervention assistance to law enforcement units immediately after a gang youth is picked up. Some BTB staff are former gang members who have made a strong commitment to help current gang members give up the life and the crime. BTB staff can begin working with the youth and his/her parents as soon as the law enforcement officer takes the youth home or they can pick the case up the next day if the youth is in detention or at the time of sentencing. BTB provides case management, mentoring, referral, on -going work with parents and follow up forever with each youth. Having been there, BTB staff never gives up on one of their charges. National studies have shown that when parents participate in the treatment process, regardless of their level of functioning, the prognosis for positive gain by the youth rises dramatically. (Enhancing Motivation for Change in Substance Abuse Treatment, SAMHSA, 1999.) Intervention - [70 gang youth and their parents] For youth voluntarily or involuntarily leaving gangs, the intervention component will consist of Functional Family Therapy (see below) especially tailored for working with gang youth and their parents. Treatment for youth with mental illness and substance abuse problems will be available through an accredited treatment center for co- occurring disorders [90 gang youth]. Educational and vocational training services will comprise another priority project focus. To a significant extent gang - participation is directly related to socio- economic factors and therefore the way out of gang participation lies in finding a way of preparing to make a living that is rewarding financially, is related to the passion of the individual and or provides a pro - social alternative to gang participation and criminal activity. ® The project_will provide two staff with the responsibility to help youth get into alternative education, job training, and job placement [120 gang youth]. Functional Family Therapy is a Best Practice accredited by OJJDP and SAMHSA. The State of Washington provides each county with funds to serve juvenile offenders with one of three state - approved Best Practice Treatment Modalities. The project will provide funding for a coordinator and two therapists. FFT typically takes place in the home with families whose problems range from acting -out to conduct disorders to alcohol /substance abuse. Steering Committee — OJJDP research that led to the refinement of the Best Practices Gang Model stated that "the effectiveness of the steering committee has been crucial in determining the success or failure of the community in implementing a comprehensive approach ". It is the intent of the ad hoc committee that is overseeing the development of this project to form a steering committee that is committed, representative of the overall community, concerned about gangs and crime and has proven and respected leadership. During the first year the steering committee will be formed to "take over the reins" for the project. Included will be the planning for the strategies in OJJDP's Comprehensive Gang Model to be implemented in the second and third years of the project: Community Mobilization and Organizational Change and Development.