HomeMy WebLinkAbout09/30/2008 00 Agenda and Packet - `' Y.,1 David Edler, Mayor
r ,` , ° Micah Cawley, Assistant Mayor
Yakima Kathy Coffey
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` ° City Council Rick Ensey
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City !dorm Johnson •
.,,,��,,,,_____ __ A Bill Lover
129 N. 2nd Street,Yakima,WA. 9890 I Neil McClure
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
SEPTEMBER 30, 2008 - 8:00 - 9:30 A.M.
COUNCIL CHAMBERS - YAKIMA CITY HALL
1. Roll Call
2. Yakima Police Athletic League
3. Audience comments (9:15 — 9:30 a.m.)
4. Adjournment
Yakima
AFAsk�Q1
City of Yakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strongYakima community. recur!
I'
Adopted March 2008 1994
TO: The Honorable Mayor and Members of the City Council
FROM: Dave Zabell, Assistant City Manager
SUBJECT: Study Session - YPAL
DATE: September 26, 2008
As you are aware, since its inception just five years ago, the Yakima Police Athletic
League (YPAL) has grown to become a significant youth development and anti -crime
program in our community. The program has been a great success for the City and has
grown rapidly, however the success of the program has not come without some growing
pains. Much has been learned by those involved with the program, and many
improvements have been made.
This study session provides an opportunity to report to Council the current status of the
YPAL program, clarify the operating relationship between YPAL (as an independent
non - profit organization) and the City, identify options for strengthening that partnership,
and, more importantly, seek general direction from the City Council with respect to these
and other issues. The materials provided offer background of the program, experiences
with respect to program operation, improvements made over time, and recommendations
from the Chief of Police. The key documents are Chief Granato's memorandum, Senior
Assistant City Attorney Harvey's memorandum and draft agreement, and
recommendations from Joel Pearson regarding insurance coverage.
Of immediate concern is the proposed preliminary agreement between YPAL and the
City of Yakima for professional services and site use. This agreement, or one similar to
it, is necessary as the current lease between the City and Yakima Farm Workers Clinic
expires at the end of October. Negotiations between YPAL and the City will be finalized
subject to Council review of the preliminary agreement and direction.
On the more global issues, it is anticipated that the City Council will provide broad
direction to staff of their collective vision with respect to YPAL.
t o
To: City Manager Dick Zais
From: Chief of Police Sam Granato
Ref: Response to YPAL Memorandum - June 11, 2008
Date: September 26, 2008
As noted in your June 11, 2008 memorandum to YPAL Chairman Ed Shoenback and I,
there have been several issues that have arisen with YPAL. The origin of most, if not all,
of the issues we spent a good deal of time dealing with over the fall of 2006 and most of
2007 were from events which either occurred, or were alleged to have occurred, in early
2006 and previous years. While your observation that a start-up like YPAL should
expect some difficulties is appreciated. As Chief I have taken an active role in correcting
the situation. This memorandum is intended to be responsive to the questions posed in
your memorandum, and also to help lay the foundation for the future of the YPAL
program.
Before we can discuss the future it is important to revisit the past, how we got here, what
was the intent in establishing the program, and the progress made.
YAKIMA YPAL
The POLICE ATHLETIC LEAGUE (PAL) is a nationally known program. PAL is a
youth crime prevention program utilizing educational, athletic and recreational activities
to create trust and understanding between police officers and youth. The PAL program
brings youth under the supervision and positive influence of a law enforcement agency
and expands public awareness about the role of a police officer and the reinforcement of
the responsible values and attitudes instilled in young people by their parents.
In early 2003, officers of the Yakima Police Department traveled to an anti -crime
conference in Seattle where this organization was profiled as an anti -gang, pro youth
organization. They brought home the idea with information that chartering this
organization in Yakima would bring with it a $25,000 start-up grant for the program and
renewable for three years.
The department filed the necessary paperwork for articles of incorporation with the
Secretary of the State of Washington to charter a Yakima Police Athletic League. Roy
Wilson, Lt. Mike Merryman, Officer Ben Hittle, Sgt. Mike Amos, Officer Rey Garza and
Officer Jeff Brownfield were named as officers of the organization. The City Council
authorized, by Resolution R- 2003 -69, the department to apply for the grant from PAL
National. ,.
1
It is clear from what records are available, that Yakima PAL and YPD were closely
linked right from the beginning, so much so that the Board consisted of several officers
including the Chief of Police.
OPERATIONAL CONCERNS
Upon arriving in September 2003, I was aware there was an active PAL program
associated with the department. My first example there may be a communication
problem was that it was not until the fall of 2004 that I was made aware that I was the
Board President. At that time the YPAL by -laws required the Chief of Police to be the
Board President.
As I began to engage in YPAL as Board President it became clear to me that YPAL was
not being operated as a traditional non -profit organization. In fact, the few civilian board
members who had been added were simply acting as observers. Financial reports were
merely check register expenditures and balances, and minutes were sporadic.
The one area where YPAL took on the appearance of an independent non -profit in 2004
was that it kept its own checkbook and accounts, which included the $25,000 PAL grant.
A police officer was the keeper of the checkbook.
As Chair I soon learned that very little money was left of the grant, scant receipts for
expenditures were on record, and no documentation from the Board authorizing
expenditures existed. At this time I took immediate corrective action by tasking financial
duties to the command staff member assigned to YPAL.
In 2004, the City and the Yakima Valley Farm Workers Clinic entered into a lease for the
Center. In that time period, the senior citizen center in West Valley was opened and
discussion began regarding housing PAL at the current location on 4 Street or the
former senior citizen center. The Farm Workers subsequently subleased space to YPAL.
As a matter of reference my first board meeting was at the current YPAL location.
Also in 2004 I determined that I needed assistance to sort out this arrangement. With
several of the Board members being officers, in effect police officers sitting as board
members were technically the supervisors of the "Director of PAL ", Lt. Merryman.
Unfortunately, the City Attorney was unable to provide such assistance due to his
concern that YPAL is a separate, non -profit entity and his involvement would be a
conflict.
In early 2004, Lt. Merryman, acting in his capacity of YPAL Director, undertook the task
of inviting community members to serve on the board of directors with officers still
comprising the offices of President (Chief of Police) and Secretary - Treasurer. The
makeup of the Board has changed and those changes have been filed with the Secretary
of State to reflect the current board officers.
2
In August of 2004 the department was advised that the Work Source Grant which had
been funding the only YPAL employee was going away. Earlier I had designated
$15,000 of a Justice Assistance Grant be allocated toward salaries for YPAL programs.
My intention was to involve more participation of officers with youth programs at PAL
by offering off -duty employment as coaches to police officers.
The remainder of 2004 and into the spring of 2005, I worked with the Board to improve
our effectiveness as a Board. Minutes became regular and reliable. Financial reporting
was improved. The - Board invited City Council liaisons, Susan Whitman and Ron
Bonlender as ex- officios to the Board. Board members were now beginning to engage.
A noteworthy example was when Barbara Olivares asked her husband, Carlos, to come
and give a workshop to the board on how non - profits are supposed to function. It was at
this training that the issue of errors and omission and insurance for the board were
discussed and coverage ultimately obtained.. Prior to that meeting the Board was not
aware of the precarious position they, and potentially the City were in.
In May of 2005 allegations were -made by an officer assigned to YPAL of misapplication
of YPAL funds by another officer and abuse of overtime was asserted. The department
conducted an internal investigation which exonerated the accused officer regarding the
overtime issue but the other allegations regarding application of funds would require an
An audit was later conducted which indicated several discrepancies and
recommended numerous system improvements.
As you are aware, during this time several changes were made with respect to the officer
assigned to YPAL. These actions were necessary in part due to conflicts among the
officers and to keep our efforts focused on why YPAL was established — the youth.
It was during this period that the renewal for insurance came up. Unfortunately, the
officer assigned this task was not familiar with non - profits and deviating from what had
been done for the two previous years. Omitting the errors and omission coverage for
YPAL was done in an honest effort to save money for YPAL. Unfortunately we now
know that this lapse in coverage included the time period that the claims were made by
the former YPAL employee that was filed against the city.
CURRENT PRACTICES
Financial Reporting
By and large the mistakes of the past still sting today, however they are behind us. Over
the past two and one half years the department and the YPAL Board has taken the issues
head on, made significant progress, and are ready to move forward our primary
objectives.
3
As noted earlier, financial accountability and reporting was lacking and poorly
supervised. It became clear to me that police officers do not always make good
accountants. We needed structure and a clear policy. As a first step we engaged the
ACTS Accounting firm to help reconcile the YPAL accounts. As a result, tracking of
YPAL funds was simplified. The audit necessitated by the allegations noted above
helped identify additional gaps in our system, and had led to the current contract
arrangement with EPIC and one of their accountants. Police officers are no longer in the
check writing business at YPAL. The contracted accountant issues checks upon receipt
of Board authorization. The officers only involvement in the payment of invoices is to
insure the payment authorization is delivered to the appropriate vendor.
Insurance
Insurance procurement had been the responsibility of sworn personnel. PAL National
offers these coverages thru a preferred company. Recent events make it highly unlikely
that these coverages will be overlooked in the future.
In addition, Mr. Joel Pearson, the City's insurance representative has been working to
review coverage through PAL National and ensure YPAL has adequate coverage to
protect YPAL and the City of Yakima. As a non - profit, the YPAL Board will assume the
responsibility of consulting directly with Mr. Pearson on insurance matters, and to ensure
that the necessary paperwork is submitted. Mr. Shoenbach, the president, has authorized
Mr. Pearson to directly contact the insurer to help in the review.
In addition to the Board coverage, the sports programs in which the YPAL kids
participate carry additional insurances.
Training of Officers Assigned to YPAL for job assignment
The officers assigned to YPAL are offered online courses through PAL National that
certify them as coaches for youth sports in addition to boxing coaches and judges through
the US Boxing Federation. We do look for training that encourages police officers to
work with youth, similar to the SRO Program with Yakima School District. Officers are
sent to the National PAL conference where additional training is offered. We have
received training in the operations of non - profits and Board responsibilities.
The Yakima Police Department does not have a full -time juvenile bureau, thus outreach
to youth has always been through delegated officers of the Community Services Division.
Again, online PAL certification courses are available to all police personnel and PAL
volunteers. I have instructed the supervisors to insure all officers assigned to YPAL avail
themselves to PAL National online training and certification. YPAL is the only local
youth sports and activities program that does not charge for the activities for the kids that
participate.
4
Charging for YPAL programs would put poverty level kids and parents at a distinct
disadvantage to be able to develop the skill sets to compete in middle or high school level
sports, a disadvantage I feel is a factor in dropout rates.
A recent survey of incarcerated kids at the Juvenile Detention Center reflects that these
kids feel there are not enough things for kids to do. They also noted that there is not
enough help for kids in homework meaning more tutoring. Tutoring is offered at the
YPAL center thru the Yakima School District.
YPAL Organizational Business
The original charter of YPAL from PAL National was incumbent on the police
department being the partner and monitor of the program and must include the Chief of
Police as a member of the Board to maintain that charter. While I have moved to an ex-
officio position, the Deputy Chief of Police is a member of the Board. It is appropriate
for police department staff to ensure these administrative details are complied with
correctly as we are still the primary sponsor of the charter. Deputy Chief Rosenow has
been assigned to insure that these documents are properly maintained. Ed Shoenbach has
assured me the appropriate documentation accurately listing the Board members is on
record with the Secretary of State.
POLICY QUESTIONS
Should YPAL name an Executive Director?
YPAL originally named a Director and it was Lt. Mike Merryman. Lt. Merryman is also
listed as the original voting delegate to the National PAL conference when YPAL was
chartered. Naming a Director is not the same as paying for an Executive Director and
funding at this time does not allow for such a paid position except thru the City Personnel
assigned and given those duties to function as an Executive Director.
The Southeast Community Center receives funding from the City that enables them to
have a paid director. Aside from the subsidy of personnel and approximately $10,000 per
year from Justice Assistance Funds that are dedicated for YPAL, YPAL receives no
additional funding from the City for operating expenses. Currently, Sgt. Watts is the
designated director.
Delegation of Authority from the Board
As with any non - profit, the Board of Directors of YPAL is made up of volunteers except
for the Chief of Police and now the Deputy Chief of Police. The partnership established
by the police department intended that assigned staff would handle the day to day
operations of YPAL programs and expenditures that arose after approval by the Board of
Directors. The Board has no supervisory authority over police personnel or issues that
arise concerning police personnel. These issues are directed to the appropriate supervisor
5
of the involved employee. Any "delegation" to YPD employees is those that are
allowable by law and custom.
With the exception of one paid, part-time high school student coach who was recently
hired to handle an adult conditioning fund raiser, all paid staff associated with YPAL are
employees of the City of Yakima. Assigned police staff is tasked with performing
administrative functions such as YPAL membership record keeping, program
implementation, and supervision. Assigned clerical staff also maintains correspondence,
phone messages for staff, and payroll for YPD personnel.
Financial reports are contracted through the Enterprise for Progress in the Community
(EPIC) accounting office by YPAL Board of Directors. Check writing is now designated
to the Board President with proper documentation delivered by police personnel
authorizing disbursement of funds.
The primary focus of the Board is to raise funds for the program and support the mission
of YPAL to deter Yakima youth from crime, gangs, and drugs. While YPAL has
received donations from significant organizations, most recently it was recognized as a
United Way Agency, the adverse media coverage has diminished those donations. Yet the
mission of serving Yakima youth has continued and never diminished.
The significant contributions by one volunteer, Mr. Jeff Curtsinger, led to him being
named the PAL National Volunteer of the year in 2007.
The Board has taken the responsibility of maintaining and keeping minutes and agendas
for Board meetings thus those records are the property of the YPAL Board.
As noted above, administration of insurance coverage for YPAL is being handled by the
assigned Sgt. It has been the responsibility of police personnel to perform this function
since the inception of the YPAL program and should remain to ensure that the city
requirements are fulfilled.
Officers assigned to the YPAL Center are also responsible for community outreach
programs such as Crime Free Rental Housing, Neighbors on Watch, National Night Out,
and giving crime prevention presentations to community groups throughout the city.
Agreements and Recommendations
The YPAL charter requires that Police Officers be a part of the YPAL Organization. The
Yakima Police Department, in the attached documents, agreed when it submitted the
grant for start up funds from PAL National to uphold that agreement when it received the
grant award in April of 2003. The fiduciary responsibility is that of the Board of
Directors and Yakima Police Department for expenditures from grant monies. Program
adoption is done in conjunction with the Police Department staff. The events that have
shaped the current operations of YPAL, such as the fiduciary responsibility being
transferred to the Board, program approval by the Board, as well as policy making
6
responsibility by the Board came as the result of events that gave more responsibility to
the Board. The supervision, selection, and discipline of police department staff remain
the purview of the police department. All activities approved by the board that require
police personnel must be approved by the police department as well. This oversight is
given to the Lieutenant of the Special Operations Division.
It must be noted that most, if not all, the athletic programs that YPAL kids participate are
usually a part of an established organized sport association. A couple examples are:
- - - — 1) Boxing. All participants are :members of the U.S. Boxing Federation and
covered under their insurances in addition to PAL and must adhere to their
guidelines.
2) Boy Scouts of America Soccer Program 2006. All participants had to be
members of the Boy Scouts of America. The $75 fee for all participants was
covered by YPAL and the Yakima School Districts 21 Century program.
Approximately 150 kids participated and they had coverage from BSA, PAL, and
YSD.
Appropriate level of separation between the City and YPAL
As stated before, YPAL is a program that has been under the auspices of the police
department since it was formed and noted in several documents. What has changed is that
the Board of Directors is no longer made up solely of police officers but civilian
volunteers. An improvement would be that the City Council reaffirm its resolution R-
2003 -69 and assign a representative Council member to sit on the Board of Directors.
The separation of responsibilities of police personnel supervision is sufficient. They have
been firmly reestablished and are understood by all. To eliminate police personnel from
YPAL would defeat the purpose of the YPAL charter of police and youth partnerships
envisioned in the charter.
Issues of insurance liability coverage that should have been addressed at the inception of
the charter are now addressed with the assistance of Joel Pearson.
Unlike the Visitors and Convention Bureau and the Capitol Theatre, the agreements in
place with them were promulgated by individuals with the city. YPAL started with public
employees as a police crime prevention program. The YPAL Board has expressed an
interest in a services agreement to run the program.
What Steps are being taken to ensure financial sustainability and accountability for
YPAL?
An agreement has been established with EPIC who is acting as the fiscal agent for YPAL.
While this allows for check and balances to satisfy accounting for audits, there is a 7%
fee charged to YPAL. If YPAL funds were to be run thru the City Finance Department
this would ensure accountability with City spending policies. The City maintains
expenditures charged to the federal JAG grant by YPAL.
7
•
Additionally, given that the Farm Workers Clinic is ending the contract with the City, it
would be ideal to allow YPAL to be the contractor for leasing space at the Center and
avail itself of rental income that could be derived from a sub -lease with the Yakima
School District.
The Board will be applying for grants and donations as in the past and hopes that grants
will lead to further improvements. Currently there is no one on the board that writes
grants so it is again assigned to the police department to assist.
What are your recommendations to establish a specific contractual relationship with
YPAL that establishes clear lines of authority and/or responsibility between the city
and YPAL? What are your recommendations to improving the operating
relationship between YPAL and the City of Yakima?
First, the City has to determine if YPAL is a program of the Yakima Police Department
or an independent operation. The documentation I found would indicate that YPAL was
originally intended to be a City of Yakima Police Department program. If in fact YPAL
is determined to be a program of the police department, the operation of YPAL should
follow the City of Yakima and Yakima Police Department policies procedures, and
guidelines.
Should the City determine that YPAL is a function of the police department; an executive
director can still be employed, although funding such a position would be an issue. If the
City were to fund YPAL at a level commensurate with the Southeast Community Center,
then the current funding level would adequately fund an executive director.
Under the scenario that YPAL become a police department program, the repair and
maintenance of the building, along with collection of rent/lease, insurance costs, etc.,
would be the responsibility of the City. There would be no need for an agreement with
the YPAL Board since the YPAL Board would not be responsible for the operation of the
building and programs, but assume the role of an Advisory Board.
If in the alternative the Council determines that YPAL be independent of the police
department, a number of things would need to occur. An agreement should be entered
into with the YPAL Board of Directors for the lease of the city owned building to the
YPAL non -profit agency. There are different ways to format the agreement. The YPAL
Board would be responsible for the maintenance and repair of the interior of the building
similar to the current agreement with the Farm Workers Clinic. YPAL would be
responsible for insurance; they could rent or lease space to other agencies and collect the
rent, and would be responsible for the hiring of staff, including an executive director.
The YPAL Board and the City would need to follow through with the proposed
agreement, keeping in mind that the object of the program is to serve the needs of the
community. The agreement would provide for YPAL to provide services to the City in
the area of youth crime prevention at an appropriate level, of compensation to operate the
program.
8
Should the City appoint an advisory committee to exercise oversight of YPAL?
It is not uncommon for a government agency to establish an advisory committee to
oversee operations of a facility "similar to YPAL. The YPAL Board already exists for this
purpose. Should the City decide to transition YPAL into a police department program,
the YPAL Board could also transition into an advisory Board or remain intact to oversee
the 501 C3.
As an example, the City of Toppenish established an oversight committee to oversee the
operations of their Safe Haven Center under the Direction of the ' U.S. Department of
Justice's Weed and Seed Program. At least two council members should be appointed by
the council to sit on the advisory committee and report back to the council on the
progress of YPAL.
It is not uncommon for a government agency to establish a relationship with a non -profit
to allow for the ability to apply for private foundation funding. The Yakima School
District has a non - profit they work closely with, the Yakima School Foundation.
Toppenish's Steering Committee established the Toppenish Foundation, which does not
provide services; instead they are used as a conduit for foundation and private funding.
CONCLUSION
I trust the information herein adequately addresses the issues raised in your June 11, 2008
memorandum. As Chief, I understand what precipitated the memo and can assure even at
the time the memo was written most of the issues had been addressed. Today,
communications between assigned staff and the YPAL Board and the Board and
Command staff are vastly improved, financial reporting, accounting and responsibilities
are properly assigned and dramatically improved, delegation of authority is clear, and the
program is successful.
As we both know, a few bad incidents temporarily hurt the program. While this
communication closes the loop between the City and YPAL, it will take time to put the
past completely behind us in the minds of the public. Our sound stewardship of the
program and partnerships will go a long way in making that happen.
From my perspective as Chief of Police, the major question with respect to the future of
YPAL today is where does the City Council want to take it?
I look forward to discussing these issues in greater detail at the upcoming City Council
study session.
9
CrFYOF
LEGAL
DEPARTMENT
200 South Third Sheet Yaldma,W 98901 (509)575 -6030 Fax (509)575-6160
PRIVILEGED AND CONFIDENTIAL COVERED BY THE ATTORNEY-CLIENT AND ATTORNEY
WORK PRODUCT PRIVILEGES
MEMORANDUM
September 26, 2008
TO: Honorable Mayor and Members of the City Council
Dick Zais, City Manager
FROM: Helen A. Harvey, Senior Assistant City Attorney f1 r /
SUBJ: City of Yakima and Contractual Relationship with
Yakima Police Athletic League ( "YPAL ") - Draft Contract
with YPAL entitled "Professional Services and Site Use Contract"
Attached is a draft contract dated September . 24, 2008, between the City of
Yakima and the Yakima Police Athletic League. This is a preliminary draft only, subject
to further input and direction from the City Council, the City Manager, and
negotiations between the City of Yakima and the Yakima Police Athletic League
( "YPAL "). The current subjects covered by the draft contract are listed on the appendix
to this memo.
On September 16, I met with Ed Shoenbach, Chair of the YPAL Board, and with
Chief Granato regarding the draft contract between the City and YPAL. Ed Shoenbach
and Chief Granato received the draft "Professional Services and Site Use Contract"
dated September 16, 2008.
At the direction of the City Manager, additional provisions regarding
maintenance responsibilities for the Miller Park Activities Center have been added to
the draft contract in Sections 2.6, 2.7 and 2.8. These provisions provide that the City
will be responsible for the major maintenance on the building (Section 2.6), will
generally be responsible for repairs (Section 2.7), and will maintain perils property
insurance, which includes fire insurance coverage (Section 2.8). The City's current
Memo re Draft Contract between City of Yakima and YPAL
September 26, 2008
Page 2
- - property insurance has a $100,000 deductible. A copy of the attached draft contract
dated September 24, 2008, has been provided to Ed Shoenbach and Chief Granato.
It was felt it would be advisable to wait until after the Study Session on
September 30th before further discussion between the parties occurs on the draft
contract, as the study session may enable the parties to receive a sense of the City
Council's input and direction regarding a future contractual relationship between the
City and YPAL.
If this proposed timetable and approach are acceptable to you, this should allow
for adequate time in early October to negotiate and finalize the attached contract. The
final contract between the City and YPAL could be on the City Council agenda on
October 7 or October 21, 2008, prior to October 31 when the contract with Yakima
Valley Farm Workers Clinic terminates.
We look forward to discussing these issues with you at the Study Session on
September 30th.
cc: Dave Zabell, Assistant City Manager
Chief Sam Granato, Yakima Police Department
Ed Shoenbach, Chair of the Yakima Police Athletic League
Memo re Draft Contract between City of Yakima and YPAL
September 26, 2008
Page 3
Appendix to
Professional Services and Site Use Contract
Section 1. Scope of Work
Section 2. Site Use of Center, Services and Site Use Rental Amount
Section 3. Period of Performance
Section 4. Performance of YPAL
Section 5. Compliance with Laws
Section 6. Independent Contractor Status of YPAL
Section 7. Taxes and Assessments
Section 8. Industrial Insurance
Section 9. Nondiscrimination Provision
Section 10. Records and Accounts and Inspection: Examination of Records
Section 11. Indemnification and Hold Harmless
Section 12. Insurance
Section 13. Changes
Section 14. Termination
Section 15. Miscellaneous
DRAFT 9/23/2008
PROFESSIONAL SERVICES
AND SITE USE CONTRACT
THIS PROFESSIONAL SERVICES AND SITE USE CONTRACT is made and
entered into by and between the City of Yakima, a Washington municipal corporation
(hereinafter the "City "), and the Yakima Police Athletic League, a Washington non - profit
corporation (hereinafter the "YPAL ").
WHEREAS, the Yakima Police Department participates with YPAL, as a non - profit
community organization, to offer programs and services to benefit at -risk youth and their
families; and
WHEREAS, YPAL is an independent, non - profit corporation founded in 2003 that is
committed to helping youth in the community; and
WHEREAS, YPAL wishes to offer its programs and services at the Miller Park Activity
Center, located at 604 North Fourth Street, Yakima, Washington (hereinafter the "Center "); and
WHEREAS, the City has agreed to make space available in the Center for YPAL's
programs in accordance with the terms and conditions of this Contract; and
WHEREAS, the YPAL represents that it has the expertise necessary and is willing to
perform the professional services in accordance with the terms and conditions of this Contract;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and YPAL as follows:
Section 1. Scope of Work
1.1 The minimum services that the YPAL will provide include:
(a) Provide recreational, athletic, and educational activities for youth in the
community;
(b) Obtain funding each year through grants, donations, and fundraising events on an
annual basis to assist with the support of the youth activities;
(c) Prepare accurate quarterly and year -end reports promptly to the City on the
services and activities provided during each quarter and year; and
Professional Services and Site Use Contract -1-
Between City of Yakima and
Yakima Police Athletic League
1.2 YPAL shall provide the services and staff described in the text of the Professional
Services Contract, including the services described in Exhibit "A ", which is incorporated
herein by this reference. The Professional Services Contract and Exhibit "A" is referred
to herein as the "Contract." The Contract specifies the working relationship between the
City and the YPAL, and specific obligations of both parties.
1.3 Except as otherwise specifically provided in this Contract, YPAL shall furnish the
following, all as the same may be required to perform the services described in
paragraph 1.1 in accordance with this Contract: Board of Directors oversight, personnel,
labor and supervision; and technical, professional and other services. All such services,
property and other items furnished or required to be furnished, together with all other
obligations performed or •required to be performed, by YPAL under this Contract are
sometime collectively referred to in this Contract as the "Services."
1.4 All provisions of this Contract are intended to be complementary, and any Services
required by one and not mentioned in another shall be performed to the same extent as
though required by all. Details of the Services that are not necessary to carry out the
intent of this Contract, but that are not expressly required, shall be performed or furnished
by YPAL as part of the Services, without any increase in the compensation otherwise
payable under this Contract.
Section 2. Site Use of Center, Services and Site Use Rental Amount
2.1 YPAL shall be entitled to utilize Rooms 110, 111, 128 and 130, comprising 2,500 square
feet, more or less, within the Center and also the common areas for its programs and
services, as more particularly hereinafter set forth. Such programs and services shall
include structured academic and recreational activities for at -risk youth and their families.
2.2 In its use of the Center's facilities, YPAL agrees to the following:
(a) All YPAL activities will be supervised by an employee of the Yakima Police
Department or an authorized YPAL volunteer.
(b) YPAL shall provide, install, monitor and maintain an electronic security system
for the Center.
(c) YPAL shall provide janitorial services for the Center.
(d) YPAL shall secure donations of money, materials, and labor to support its
programs and services and fulfill its obligations under this Contract.
(e) YPAL shall be responsible for completing all alterations, maintenance and repairs
necessary to the delivery of its programs and services in the Center, including but
not limited to, painting, carpet cleaning, hardwood floor refinishing, and other
general maintenance items as they arise.
Professional Services and Site Use Contract -2-
Between City of Yakima and
Yakima Police Athletic League
(f) YPAL shall maintain the Center as a Drug -Free Workplace Act of 1988 and 34
CFR, Part 85, § 85.605 and 85.610. YPAL shall not permit any person to possess
and/or consume any illegal drug(s) at the Center or within the area surrounding
the Center during the term of this Contract.
2.3 The City shall ensure that YPAL has access to the Center when City staff members are
not present such as during evenings and on weekends and holidays. On those occasions
YPAL shall be responsible for securing the Center.
2.4 YPAL shall repair any damage done to the Center in connection with its use thereof,
whether by YPAL staff or YPAL's program participates or other invitees.
2.5 YPAL shall be responsible for providing any and all equipment and supplies which are
necessary to the programs and services which it offers, at its sole cost and expense.
2.6 Major Maintenance. The City shall perform, or cause to be performed by contract, the
major upkeep, maintenance, and repair of Center premises and fixtures as indicated
below, which items of expense shall be borne directly by the City and which will not be
included with the YPAL's obligations or responsibilities regarding the Center premises:
A. System Maintenance.
•
1. Air handling System and Controls
2. Air Conditional Equipment, Associated Pumps, Controls, etc.
3. Heating Equipment
4. Pump Motors
5. Sound System
6. Electrical System
7. Electrical System/Lighting System
8. Kitchen
9. Parking Lot Repaving
The City will furnish to YPAL a maintenance schedule and /or other information relative
to the means by which the maintenance and repair work is to be accomplished on the
foregoing items, which maintenance schedule may be revised from time to time by the
City, with information relative to any such revision also to be furnished to the YPAL.
2.7 Damage — Repair. The City shall be responsible for the repair or replacement of Center
premises, property and fixtures that are owned by the City, unless the damage or .
necessity for repair was caused by YPAL or results from the negligent use of the
premises by YPAL or from the failure of YPAL to perform routine repairs and
maintenance as contemplated by this Contract.
2.8 Property Insurance. The City shall maintain "special form" perils property insurance
coverage on the Miller Park Activity Center building located at 604 North Fourth Street,
Yakima, Washington, and its contents in such amount as the City deems appropriate.
Professional Services and Site Use Contract -3-
Between City of Yakima and
Yakima Police Athletic League
The YPAL shall have the responsibility of procuring "special form" perils property
insurance on personal property and tenants' improvements and betterments owned by, or
in the care, custody and control of YPAL. The YPAL and the City hereby release and
discharge each other from and against all liability arising either from fire loss or damage
caused by any of the "special form" perils covered by insurance policies which are in
force and effect at the time of such loss or damage, even though such loss or damage may
be due to negligence, act or neglect of either YPAL or the City or agents or employees of
either party. It is expressly understood and agreed that it is the intention of the parties
that this provision constitutes a waiver and release of any and all subrogation rights
which the insurance companies might have under such insurance policies.
2.9 Rental. YPAL agrees to pay the City $250.00 per month. The City shall provide YPAL
public utility services needed for the delivery of its programs and services. YPAL shall
pay for . any other services used exclusively by it and indemnify the City from having to
pay the same.
2.10 Inspection of YPAL Premises. The City and its agents or designees shall have the right
to enter and inspect the YPAL leased premises at 604 North Fourth Street, Yakima,
Washington, at all reasonable times.
Section 3. Period of Performance
3.1 The period of performance under this Contract will be three (3) years, commencing on
November 1, 2008, and continuing until October 31, 2011. An additional extension of
two (2) years may be offered, at the option of the City, making the total contract term
five (5) years, to August 31, 2013. In the event the City elects to extend the Contract for
an additional two -year term, the City shall provide written notice to the YPAL at least
ninety (90) days prior to the end of the initial three -year Contract period, or on or before
August 1, 2011. The City's option to extend the Contract for an additional two -year term
is subject to a mutually satisfactory agreement between the parties on the value of the
services during the additional two -year (2 -year) period, and is further subject to approval
by the City Council.
Section 4. Performance by YPAL
4.1 Delegation of Professional Services. The services provided for herein shall be performed
by YPAL, and no person other than Board of Directors members, regular employees of
YPAL, or authorized volunteers of YPAL shall be engaged on such work or services.
YPAL shall not (by contract, operation of law or otherwise) delegate or subcontract
performance of any Services to any other person or entity without the prior written
consent of the City. Any such delegation or subcontracting without the City's prior
written consent shall be voidable at the City's option.
No delegation of subcontracting of performance of any of the Services, with or without
the City's prior written consent, shall relieve YPAL of its responsibility to perform the
Services in accordance with this Contract. YPAL shall be fully responsible for the
Professional Services and Site Use Contract -4-
Between City of Yakima and
Yakima Police Athletic League
performance, acts and omissions of YPAL's Board of Directors members, employees,
YPAL's authorized volunteers, YPAL's subcontractors, and any other person who
performs or furnishes any Services (collectively, the "Support").
4.2 YPAL shall at all times be an independent contractor and not an agent or representative
of the .City with regard to performance of the Services. YPAL shall not represent that it
is, nor hold itself out as, an agent or representative of the City. In no event shall YPAL
be authorized to enter into any agreement or undertaking for or on behalf of the City.
4.3 YPAL shall perform the Services in a timely manner and in accordance with the
standards of the National Police Athletic League. At the time of performance, YPAL
shall be properly licensed, equipped, organized, and financed to perform the Services in
accordance with this Contract. Subject to compliance with the requirements of this
Contract, YPAL shall perform the Services in accordance with its own methods.
4.4 YPAL shall take all reasonable precautions to protect against any bodily injury (including
death) or property damage that may occur in connection with the Services.
Section 5. Compliance with Laws
5.1 YPAL shall comply with all applicable laws, ordinances, rules, regulations, orders,
licenses, permits, and other requirements, now in effect, of any governmental authority
(including, but not limited to, such requirements as may be imposed upon the City and
applicable to the Services). YPAL shall furnish such documents as may be required to
effect or evidence such compliance.
Section 6. Independent Contractor Status of YPAL.
6.1 The YPAL and the City understand and expressly agree that the YPAL is an independent
contractor in the performance of each and every part of this Agreement. The YPAL
expressly represents, warrants and agrees that its status as an independent contractor in
the performance of the work and services required under this Agreement is consistent
with and meets the six -part independent contractor test set forth in RCW 51.08.195. The
YPAL, as an independent contractor, assumes the entire responsibility for carrying out
and completing the work/services required under this Agreement. The YPAL shall be
responsible for ensuring that all employees, agents and subcontractors are licensed and
authorized to operate the equipment necessary to perform this Agreement, with all
required fees and permits paid and in good standing, in accordance with law. The YPAL
and its employees shall make no claim of City employment nor shall claim against the
City any related employment benefits, social security, and/or retirement benefits.
Section 7. Taxes and Assessments
7.1 YPAL shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from income which
Professional Services and Site Use Contract -5-
Between City of Yakima and
Yakima Police Athletic League
may be required by law or assessed against either party as a result of this Contract. In the
event the City is assessed a tax or assessment as a result of this Contract, YPAL shall pay
the same before it becomes due.
Section 8. Industrial Insurance
8.1 The YPAL shall comply with the provisions of RCW Title - 51, Industrial Insurance. For
the duration of this Contract, the YPAL shall provide or purchase industrial insurance
coverage for its employees, as may be required of an "employer" as defined in RCW
Title 51, and shall maintain full compliance with RCW Title 51.
Section 9. Nondiscrimination Provision
9.1 During the performance of this Contract, YPAL shall not discriminate on the basis of
race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or
the presence of any sensory, mental or physical handicap. This provision shall include
but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training, and the provision of Services under this Contract.
Section 10. Records and Accounts and Inspection: Examination of Records
10.1 The YPAL shall maintain (in accordance with generally accepted accounting practices)
books, accounts, records, documents and other materials related directly or indirectly to
the costs, expenses and revenues of the management, operation and maintenance of the
Center under this Contract. All such books, accounts, records, documents and other
materials shall be subject to inspection and audit at reasonable times by representatives of
the City. The YPAL shall make such books, accounts, records, documents and other
materials available and afford the proper facilities for such inspection and/or audit within
forty -eight (48) hours of inspection/audit notification from City representatives. Such
books, accounts, records, documents and other materials may be copied by
representatives of the City as part of such an inspection/audit. However the making of
(or failure or delay in making) such inspection or approval shall not relieve YPAL of
responsibility for performance of the Services in accordance with this Contract,
notwithstanding the City's knowledge of defective or non- complying performance, its
substantiality or the ease of its discovery. The YPAL shall preserve and make available
all such books, accounts, records, documents and other materials for a period of at least
three (3) years after termination of this Contract.
10.2 YPAL shall promptly furnish the City with such information related in the Services as
may be requested by the City. Until the expiration of three (3) years after termination of
this Contract, YPAL shall provide the City access to (and the City shall have the right to
- examine, audit and copy) all of YPAL's books, documents, papers and records which are
related to the Services of this Contract.
Professional Services and Site Use Contract -6-
Between City of Yakima and
Yakima Police Athletic League
Section 11. Indemnification and Hold Harmless
11.1 YPAL 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 the YPAL, its officers, employees, agents, volunteers and /or
subcontractors, arising out of the performance of this Contract.
11.2 Nothing contained in this Section or this Contract shall be construed to create a liability
or a right of indemnification in any third party.
Section 12. Insurance
12.1 At all times during performance of the Services, the YPAL shall secure and maintain in
effect insurance to protect the City and the YPAL from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Contract.
YPAL 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.
12.2 Commercial Liability Insurance. Before this Contract is fully executed by the parties,
YPAL 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 Four Million Dollars ($4,000,000.00) per occurrence combined single
limit bodily injury and property damage, and Four Million Dollars ($4,000,000.00)
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.
12.3 Commercial Automobile Liability Insurance. Before this Contract is fully executed by
the parties, YPAL 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 Four Million Dollars ($4,000,000.00) per
occurrence combined single limit bodily injury and property damage. Automobile
liability will apply to "Any Auto" and be shown on the certificate. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when the
Professional Services and Site Use Contract -7-
Between City of Yakima and
Yakima Police Athletic League
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.
12.4 Directors and Officers. Before this Contract is fully executed by the parties, YPAL shall
provide the City with a certificate of insurance as evidence of Directors and Officers
Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per
occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00).
The certificate shall clearly state who the provider is, the amount of coverage, the policy
.number, and when the policy and provisions provided are in effect. The insurance shall
be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a
claims made basis, the retroactive date of the insurance policy shall be on or before the
inception date of the Contract, or shall provide full prior acts. The insurance coverage
shall remain in effect during the term of this Contract and for a minimum of three (3)
years following the termination of this Contract.
Section 13. Changes
13.1 The City may, at any time by written notice thereof to YPAL, make changes in the
Services within the general scope of this Contract (including, but not limited to, additions
to or deletions from any Services, suspension of performance and changes and location of
performance).
13.2 If any change under paragraph 13.1 causes a significant increase or decrease in the cost of
the time required for performance of the Services, an equitable adjustment in the
compensation and schedules under this Contract shall be negotiated to reflect such
increase or decrease, and this Contract shall be modified in writing accordingly. Such
equitable adjustment shall constitute full compensation to YPAL for such change. If any
change under paragraph 13.1 results in a decrease in the Services to be performed, YPAL
shall not be entitled to anticipated profit on Services not performed and the loss of
anticipated profit shall not reduce the decrease in compensation under this Contract
resulting from such exchange. Further, YPAL shall not be entitled to any reallocation of
cost, profit or overhead.
13.3 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable
adjustment under paragraph 13.2, YPAL shall immediately proceed with performance of
the Services as changed pursuant to paragraph 13.1. If YPAL intends to assert a claim
for equitable adjustment under paragraph 13.2, YPAL must, within sixty (60) days after
YPAL's receipt of any notice under paragraph 13.1 that does not set forth an acceptable
adjustment, submit to the City a written statement of the basis and nature of the
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Between City of Yakima and
Yakima Police Athletic League
adjustment claimed. YPAL shall not be entitled to any adjustment unless such written
statement is submitted by YPAL to the City within the applicable period.
Section 14. Termination
. 14A The City may, by giving the YPAL thirty (30) calendar days written notice of
termination, terminate this Contract as to all or any portion of the Services not then
performed, whether or not YPAL is in breach or default, and with or without cause.
Upon receipt of any such notice of termination, YPAL shall, except as otherwise directed
by the City, immediately stop performance of the Services to the extent specified in such
notice. YPAL shall have the same termination rights as the City as specified in
Section 14.
14.2 In the event of termination pursuant to paragraph 14.1, an equitable adjustment shall be
made in the compensation payable to YPAL under this Contract, provided that such
compensation as so adjusted shall in no event exceed a percentage of the total
compensation otherwise payable under this Contract equal to the percentage of the
Services satisfactorily completed at the time of termination. Further, YPAL shall not be
entitled to any reallocation of cost, profit or overhead. YPAL shall not in any event be
entitled to anticipated profit on Services not performed on account of such termination.
YPAL shall use its best efforts to minimize the compensation payable under this Contract
in the event of such termination.
14.3 If the City purports to terminate or cancel all or any part of this Contract for YPAL's
breach or default when YPAL is not in breach or default which would permit such
termination or cancellation, such termination or cancellation shall be deemed to have
been a termination by the City pursuant to paragraph 14.1 and the rights of the parties
shall be determined accordingly.
Section 15. Miscellaneous
15.1 Assignment. This Contract, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by YPAL to any other person or entity without
the prior written consent of the City. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and
liabilities of YPAL stated herein.
15.2 No Conflict of Interest. YPAL represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of this Contract. YPAL further covenants that it
will not hire anyone or any entity having such a conflict of interest during the
performance of this Contract.
15.3 No Insurance. It is understood that the City does not maintain liability insurance for
YPAL and/or its officers, employees, agents, instructors, and/or subcontractors.
Professional Services and Site Use Contract -9-
Between City of Yakima and
Yakima Police Athletic League
15.4 Severability. If any portion of this Contract is changed per mutual agreement or any
portion is held invalid, the remainder of the Contract shall remain in full force and effect.
- 15.5 Integration. This written document constitutes the entire agreement between the City and
YPAL. There are no other oral or written Contracts between the parties as to the subjects
covered herein. No changes or additions to this Contract shall be valid or binding upon
either party unless such change or addition be in writing and executed by both parties.
15.6 Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY: Dick Zais, City Manager
City of Yakima
Yakima City Hall — First Floor
129 North Second Street
Yakima, WA 98901 -2613
TO YPAL: Ed Shoenbach, Chair of Board of Directors
Yakima Police Athletic League
720 Conrad Road
Selah, WA 98942 -9775
or to such other addresses or people as the parties may hereafter designate in writing.
Notices and /or demands shall be sent by both regular and first class mail, and by
registered or certified mail, postage prepaid, or hand delivered. Such notices shall be
deemed effective when hand delivered at the addresses specified above, or three (3) days
after the date of mailing to the addresses specified above.
15.7 Governing Law. This Contract shall be governed by and construed in accordance with
the laws of the State of Washington.
15.8 Venue. The venue for any action to enforce or interpret this Contract shall lie in the
Superior Court of Washington for Yakima County, Washington.
Professional Services and Site Use Contract -10-
Between City of Yakima and
Yakima Police Athletic League
CITY OF YAKIMA YAKIMA POLICE ATHLETIC LEAGUE,
a nonprofit organization
By By
Richard A. Zais, Jr., City Manager . _ Ed Shoenbach, Chair of Board of Directors
Date: Date:
ATTEST:
•
By
City Clerk
City Contract No.:
Resolution No.:
STATE OF WASHINGTON )
)ss.
COUNTY OF YAKIMA )
I hereby certify that I know or have satisfactory evidence that Ed Shoenbach is the person
who appeared before me, and said person acknowledged that he signed this instrument, and on
oath stated that he was authorized to execute the instrument, acknowledged that he is the Chair
of the Board of Directors of the Yakima Police Athletic League and that the Board of Directors
has authorized him to execute this instrument, and acknowledged it as the Chair of the Yakima
Police Athletic League to be the free and voluntary act of the Yakima Police Athletic League for
the uses and purposes mentioned in the instrument.
DATED this . day of , 2008.
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
Professional Services and Site Use Contract -1 1-
Between City of Yakima and
Yakima Police Athletic League
EXHIBIT A
TO PROFESSIONAL SERVICES AND SITE USE CONTRACT
Various programs will be provided by the Yakima Police Athletic League ( "YPAL "). The
Yakima Police Athletic League is an independent, non - profit corporation committed to helping
__ youth in the community. Founded in 2003, YPAL also serves as a juvenile prevention program, -
to assist with long -term crime prevention.
The YPAL will operate at the Miller Park Activities Center ("Center"), and will offer a variety of
youth services that are coordinated in a visible, accessible facility that is secure against crime and
illegal drug activity. The YPAL programs will offer a place where youth can access needed
services, develop relationships, and find opportunities to be productive and successful, and
enhance skills. Through its visibility, proximity and program diversity for youth, YPAL will
foster athletic, educational and social activities, thus fostering resistance to drugs, crime and
other neighborhood problems.
The YPAL will provide a variety of services and supportive programs, e.g., athletic, educational,
cultural, recreational and community- oriented programs, with emphasis on coordinated delivery
of these services. The YPAL will be accessible to a wide range of youth from the community.
The YPAL will provide youth with a safe place to go and find productive activities.
The YPAL will be open outside.of normal school hours. It should also be open on weekends and
during summer vacations.
The YPAL programs may be modified from time to time depending on the needs of the YPAL
program and the interests of the youth that YPAL is serving. Current programs that will be
provided by YPAL are listed below.
TUTORING
• After school homework club is offered Monday through Friday under the supervision of a
teacher's aid
• If a child is in danger of failing or their GPA is below 2.0, that child must attend tutoring
AFTER SCHOOL
• YPAL offers a recreational room after school
•
• Activities include ping pong, pool table activities and arts and crafts
• Friday Family Movie Night is another activity offered to YPAL members and their
family
•
Professional Services and Site Use Contract -12-
Between City of Yakima and
Yakima Police Athletic League
PALitics
• The PALitics youth leadership program is a teen oriented program run by the youth under
the discretion and supervision of an advisor
• The youth participate in a variety of community service programs
• The group participates in field trips and an annual trip to Olympia
BOXING
• Trained boxing instructors to provide instruction under supervised conditions
• Boxing facility for boxing activities and instruction
• Tournaments are part of the boxing program
• Travel to tournaments may be part of the boxing program
WRESTLING
• Training and competitive events for youth wrestling, in which youth families are
significantly involved in fundraising and attendance at wrestling events
SOCCER
• Summer soccer program which begins in June and usually runs through part of August
• The soccer teams are divided into 3 categories: Kindergarten and 1 grade; 2nd and 3 rd
grade; and 4 and 5 grade
• The soccer program is a partnership with the Yakima School District
SCUBA
• Started in August of 2006
• The Yakima Dive Club offers scuba classes once each summer
• The scuba program is limited to students age fourteen and older who pass the swim test
Professional Services and Site Use Contract -13-
Between City of Yakima and
Yakima Police Athletic League
SNOWBOARDING AND SKING
• Each winter teens travel in the YPAL bus to White Pass during the ski season.
• The teens either snowboard or ski
• This program includes a nationally recognized decision making /life choices curriculum
NEW HORIZONS
• YPAL has partnered with Cub Crafters to provide youth opportunities for exposure to
aviation
MANNERS MATTER
• YPAL offers a character building course to middle school girls
• Two sessions are offered each year
• The eleven week session is broken down into session of interpersonal skills, first
impressions, table etiquette, self defense, grooming and personal hygiene, and other life
enhancing skills
• The program ends with the girls shopping for a casual /formal outfit and attending a
dinner or theatre performance to show the skills they have learned
• The youth participate in a variety of community service programs
• The group participates in field trips and an annual trip to Olympia
•
Professional Services and Site Use Contract - 14-
Between City of Yakima and
Yakima Police Athletic League
WELLS
FARGO
Wells Fargo Insurance Services
509 - 248 -7460
509 - 248 -9007 Fax
Memorandum
Date 9 -22 -08
To: Honorable Mayor and Members of the City Council
Dick Zais, City Manager
cc: Ed Shoenbach, Yakima Police Athletic League Board Chairman
From: Joel Pearson
Subject: Yakima Policy Athletic League
Enclosed are two attachments. The first attachment is a chart showing the current
YPAL liability limits and the limits that would be recommended in the draft contract with
the City of Yakima. The second is a summary of the current YPAL insurance program.
The YPAL Commercial General Liability and Directors & Officers coverage are written
through a national YPAL association program. I have spoken to the agent, Mike Wilson,
with Wilson Paves & Associates in Bakersfield, California. They could increase the
Commercial General Liability limits to $2,000,000 per occurrence for an additional
$1,000, but they cannot go higher than that at the present time. Because this is an
association policy and not an individual policy, it is unlikely that we could find an excess
liability market willing to write additional liability limits for just Yakima YPAL.
So $2,000,000 Commercial Liability Limits can be reasonably obtained for an additional
$1,000. It would be necessary to find an individual program rather than the association
program to provide higher limits, but the cost of that will probably be prohibitive.
The current vehicle coverage is written with Progressive through Elliot Insurance in
Yakima. Dick Elliot is working on options to provide vehicle liability limits up to the
$4,000,000 requested in the contract. We do not yet know the cost of that additional
coverage.
YAKIMA POLICE ATHLETIC LEAGUE
CURRENT COVERAGE AND CONTRACT REQUIREMENTS
9/10/2008
$3,000,000 $3,000,000
ADDITIONAL COMMMERCIAL ADDITIONAL AUTOMOBILE
GENERAL LIABILITY LIABILITY
REQUIRED IN CONTRACT REQUIRED IN CONTRACT
$1,000,000_ $1,000,000 $1,000,000
'COMMERCIAL GENERAL AUTOMOBILE LIABILITY ' & OFFICERS
LIABILITY . �. � LIABILITY -
�°
7/1/2008 TO 7/1/2009 8/6/2008 TO 8/6/2009 7/1/2008 TO 7/1/2009
LEXINGTON' LEXINGTON
Blue: Coverage currently in place.
Yellow: Additional coverage required in contract
Why are higher limits being requested in the contract?
1. To make sure there is adequate coverage to protect the participants in PAL activities if a loss
does occur.
2. To protect PAL, including volunteers, against liability claims exceeding the current limits.
3. To protect the City of Yakima against claims involving PAL activities.
Copy of Coverage Contract 9- 22- 08.xls / Sheet 1 Page 1 of 1
Wells Faron Tn.caranre .Cervirec Nnrthwe.ct Tne Printed. 9/26/21lfR
Yakima Police Athletic League
Insurance Coverage Review
2008/2009 Policy Period
Directors & Officers Liability
Named Insured: The Yakima Police Athletic League is not listed as a named insured under the policy.
Only the national organization is listed, but that is supposedly being corrected.
Coverage: Claims alleging wrongful acts including breach of duty, error, misstatement, or omission.
Coverage applies when the claim is filed against the insured.
Limit: $1,000,000 per occurrence and $5,000,000 annual aggregate for all insureds under the policy.
Exclusions new to current form:
Employment practices claim. This is a new exclusion compared to 2005/2006 form.
Sexual molestation, abuse or harassment. This is a new exclusion compared to 2005/2006 form.
Commercial General Liability Insurance
Note: This review is of a previous policy period since the current policy is not yet available.
Named Insured: Yakima Police Athletic League included in the master policy.
Coverage: Bodily Injury and Property damage to third parties cause by an occurrence.
Limits: $1,000,000 per occurrence and $5,000,000 aggregate for all insureds under the policy.
Sexual Abuse $100,000 per occurrence and $300,000 annual aggregate for all insureds
under the policy.
Automobile Insurance
Named Insured: Yakima Police Athletic League
Limits: $1,000,000 Liability
$1,000,000 Underinsured Motorist
$10,000 Medical Payments
Persons Insured: All authorized drivers
Physical Damage: $250 comprehensive deductible and $500 collision deductible.
�
MEMORANDUM
TO: Sam Granato, Police Chief
FROM: Dick Zais, City Manager . z
Dave Zabel!, Assistant City Manage ` fI
CC: City Council
Ed Shoenbach, YPAL Chair
SUBJECT: Yakima Police Athletic League (YPAL)
DATE: June 11, 2008
As you are aware, over the past two years several issues have arisen at the YPAL
Center which we have been responding to on many fronts. The start-up of a program
like YPAL will have some difficulties, and our experience in Yakima has been no
exception. We have all weathered several YPAL issues from financial inconsistencies,
to misconduct, to liability insurance procurement. Not unexpectedly and certainly
understandably under such circumstances, mistakes have been made, and corrections
have been implemented. Those corrections, by and large, have been a reaction to
something that needed to be immediately addressed. At this point, there needs to be a
more proactive and prescriptive approach followed in the future regarding the YPAL
organization.
Few of the elected officials serving today were on the Council at the inception of YPAL.
As a result, there is not a clear understanding by Council of the relationship between the
City and YPAL, the role of City Police Department employees in the day -to -day
administration of YPAL programs, and the duties and responsibilities of the YPAL
Board. A review of the City's relationship with YPAL and the identification and
implementation of the steps necessary to eliminate potential weak spots and improve
the program is a priority of this City Council and City Management.
Recent actions by YPAL assigned Police staff are symptomatic of the need to delineate
a clear separation between the Police Department's involvement in YPAL programming
and the business of the YPAL Board. These include:
• The preparation of financial reports and audit of the YPAL operations.
• Insurance Administration - The determination and procurement of liability
insurance by Police department staff on behalf of the YPAL Board.
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Page 2
• YPAL Organizational Business - The completion and submittal of the official
YPAL incorporation document with the Secretary of State by.. Police staff
assigned to YPAL.
It is our view that such business practices are not the purview or responsibility of the
City Police Department staff. It should be the direct responsibility of the YPAL Board's
staff or retained advisors such as legal counsel, business manager or insurance agent.
As you know, the City has enjoyed successful relationships with other non - profit entities
to manage the Capitol Theatre and Visitor and Convention Center. These long- standing
relationships are through a contract with the City but are at arms length in terms of City
management, oversight and staff support. There also have been advisory boards
created by the City Council to work with these entities. However, there is no City
operational /management agreement or advisory committee relationship with YPAL.
With the YPAL program implementation behind us, the City's relationship with YPAL
should evolve into this more traditional model, with City Police staff substantially less
engaged in YPAL organizational /management/operational affairs.
To that end, you are asked to work closely with City Legal and YPAL's legal counsel to
generate a detailed report on the organization, governance, management, oversight,
and accountability of YPAL. The report should include a review and clarification of the
role of the Board and what it intends to do with respect to management of the YPAL
organization and engagement of its staff. More importantly, there is a significant
concern about the assignment of police staff to YPAL, with respect to their specific
duties and responsibilities, the supervisory roles and duties for which they are
responsible, and whether they possess the requisite expertise to perform such duties.
This needs to be made clear throughout the entire chain of command, up through and
including you as the Chief of the. Department.
You are asked to work with the YPAL Board and their private counsel, together with the
City Legal Department, to provide specific recommendations to strengthen the program
and ensure its future success.
Significant areas to examine include:
• Should the YPAL Board name an Executive Director, who is employed by and
paid by the Board, and has the necessary experience and ability to manage the
business operation?
• What is the appropriate delegation of authority from the Board on down through
all police ranks that have YPAL duties and assignments?
• What do the agreements and the YPAL charter contemplate with regard to the
aforementioned? What are your recommendations for improvement?
• What needs to be done to establish an appropriate level of separation between
the City and YPAL?
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Page 3
• What steps are being taken to ensure financial sustainability and accountability
for YPAL?
• What are your recommendations to establish a specific contractual relationship
with YPAL that establishes clear lines of authority and /or responsibility between
the City and YPAL, and improves the operating relationship between YPAL and
the City of Yakima?
• Should the City Council appoint an advisory committee to exercise oversight over
YPAL?
Given your familiarity with the program, you are undoubtedly aware that the issues
raised herein are representative of the need to conduct the review of YPAL and the
relationship to the City and are not intended as a comprehensive listing of all areas
requiring further examination.
We would request this report be prepared within the next 45 days.
BYLAWS OF THE
Yakima Police Athletic League
ARTICLE 1.
GENERAL
The name of the corporation is Yakima Police Athletic League, which has been
organized as a public benefit corporation under the Washington Nonprofit
Corporation Act. The corporation is organized and shall be operated exclusively
for charitable purposes including: •
1. Sponsorship of amateur athletic and non - athletic programs to offer
opportunities to youngsters for constructive and satisfying use of
leisure time; and
2. Promotion of both police personnel and parental involvement in the
corporation's programs in order to foster wholesome relationships
between the youngsters and adults participating in these programs.
ARTICLE 2.
CORPORATE OFFICES
The registered office of the corporation shall be located at:
602 No 4 St.
Yakima WA 98901
The corporation may also have offices at other places, within the Yakima County,
as the Board of Directors may from time to time determine or as the business of
the corporation may. require.
ARTICLE 3.
MEMBERS
Section 3.1. Members of the corporation shall be individuals,
partnerships, corporations, associations and firms of every type and description
sympathetic to the purposes of the corporation. Except as otherwise provided
herein, the members shall not have voting rights.
Section 3.2. Membership in the corporation shall be of the following
classifications:
Youth Members shall be all participants in any program of the corporation
seven to seventeen years of age. The annual dues for youth members shall be
$20.00.
Associate Members shall be all persons sympathetic to the purposes of the
corporation who contribute at least $100.00 but less than $500.00 per year to
the corporation.
Sponsor Members shall be all persons sympathetic to the purposes of the
corporation who contribute at least $500.00 but no more than $1,000.00 per
year to the corporation.
Patron Members shall be all persons sympathetic to the purposes of the
corporation who contribute $1,000.00 per year to the corporation.
Section 3.3. Annual dues or contributions required for each class of
membership may be modified by the Board of Directors from time to time, and
shall be payable by each member each year, within one month of the start of the
corporation's fiscal year. Each new member shall pay the full annual dues or
contribution applicable to his class of membership for the current year at the
time of entry into membership. Individual member may make payments and in
some cases, as evaluated by the Board, payment will be waived.
Section 3.4. Membership may be terminated voluntarily or involuntarily
as follows:
(1) A member may voluntarily terminate membership in writing
addressed to and delivered to the Board of Directors. Such
termination shall become effective upon receipt by the
Board.
(2) A membership may be involuntarily terminated by the Board
of Directors upon the following circumstances:
(a) If a member fails to pay his /her dues or contribution
for a period of one month or more after it is due;
(b) If the Board of Directors, by a three - fourths vote,
determines that the member's continued membership
in the association is adverse to the interests of the
corporation or that the conditions of eligibility for
membership no longer exist.
No member may be expelled or suspended, and no membership in the
corporation may be terminated or suspended, unless:.
(a) The member is given not less than 15 days' prior written
notice of the expulsion, suspension or termination and
the reasons therefor; and
(b) An opportunity for the member to be heard, orally or
in writing, not less than five days before the effective
date of the expulsion, suspension or termination by a
person or persons authorized to decide that the
proposed expulsion, termination or suspension not
take place.
Neither voluntary nor involuntary termination of membership shall relieve
a member of liability for the payment of all dues or pledges which are accrued
and unpaid at the time of such termination of membership. Upon termination,
the terminated member shall remit all unpaid dues or pledges due to the
termination date.
No member shall have any right, title or interest of any kind in or to the
properties or assets of the corporation.
Section 3.5. Annual meeting of the members shall be held on the second
Wednesday of November of every year at the principal office of the corporation
or at such other time or place as may be determined by the Board of Directors.
At the annual meeting:
The president, and any other officer the Board of Directors or the
president may designate, shall report on the activities and financial condition of
the corporation; and
The members shall consider and act upon such other matters as may be
raised consistent with the notice of the meeting.
Section 3.6. The corporation shall give notice of meetings of members to
members entitled to vote at the meeting and to any other person entitled to
notice. The notice shall include the place, date and time of the annual, regular
or special meeting of the members and shall be given by the corporation no
fewer than seven days, or if notice is mailed by other than first class or
registered mail, no fewer than 30 nor more than 60 days before the meeting.
Section
Section 3.7. Those votes present at any annual meeting of members
constitute a quorum at the meeting. The affirmative vote of a majority of the
votes represented and voting is the act of the members. .
Section 3.8. Each member shall have one vote on each matter coming
before the membership. Voting shall not be cumulative. Any member may vote in
person or by proxy executed in writing by the member. No proxy shall be valid
after eleven months from the date of its execution unless otherwise provided in
the proxy.
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Section 3.9. Membership in the corporation shall not be assigned by a
member to any other person, nor shall the assigns thereof be entitled to
membership in the corporation, nor shall a purchaser at an execution sale, or
any other person who may succeed, by operation of law or otherwise, to the
property interests of a member, be entitled to membership, or become a
member of the corporation by virtue of such transfer. The Board of Directors -
may, however, by action taken and made of record, consent to such assignment
or transfer and to the acceptance of the assignee or transferee as a member of
the corporation and may likewise fix and establish the terms and conditions upon
which any such transfer or assignment shall be allowed.
ARTICLE 4.
DIRECTORS
Section 4.1. The business affairs of the corporation shall be managed by
its Board of Directors, which may exercise all powers of the corporation and do
all other lawful acts, which are not prohibited or directed or required to be
performed by others under the statutes of the State of Washington, the Articles
of Incorporation or these Bylaws. The Board of Directors shall consist of elected
officers and directors -at- large, all of whom will be voting members of the Board.
Section 4.2. The number of directors of the corporation may very
between a maximum of fifteen (15) directors and a minimum of five (5)
directors, the exact number to be fixed from time to time by resolution of the
Board of Directors, but no decrease in the number of directors shall have the
effect of shortening the term of any incumbent director.
The Board of Directors will consist of Police personnel to include the Chief
of Police. A citizen's advisory board consisting of community -based organizations
sympathetic to the cause will assist the Board of Directors.
With the exception of the persons identified herein, no person shall serve more
than two consecutive terms as director of the corporation.
Section 4.3. The initial Board -of- Directors shall be those individuals
named in the Articles of Incorporation. The initial members of the Board of
Directors shall serve three -year terms. Those initial members serving three -year
terms shall serve until the third annual meeting and until their successors are
elected.
Section 4.4. Except as otherwise provided in Section 4.3 for initial
members of the Board of Directors or in Section 4.6, the term of each director
shall be three years, with such term expiring at the third annual meeting of the
Board of Directors following his election and with the election of his /her
successor, if any.
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Director -at -Large - It shall be the duty of the Director -at -Large to serve as
a Board member, uphold and promote the mission of YPAL and to perform other
reasonable duties as deemed necessary by the president.
Section 4.5. At each annual meeting of the Board of Directors, the
vacancies occurring on expiration of the term of any director shall be filled by the
affirmative vote of a majority of the directors (including those directors whose
terms are expiring) attending the meeting and constituting a quorum.
Section 4.6. A vacancy occurring on the Board of Directors (other than a
vacancy resulting from expiration of a director's term of office) shall be filled at a
regular or special meeting of the Board of Directors by the affirmative vote of a
majority of the remaining directors, though the remaining directors are less than
a quorum. The new director shall serve only the predecessor's unexpired term.
Section 4.7. Individuals elected to fill the directorships created by any
increase in the number of directors as provided in Section 4.2 of this article may
be elected at any regular or special meeting of the Board of Directors by the
majority vote of all the directors then on the Board of Directors. The new director
will serve for the term designated by, the Board of Directors incident to the
creation of the directorship and until the director's successor is elected.
Section 4.8. The annual meeting of the Board of Directors shall be held
immediately following the annual meeting of the members at a place to be
selected by the President. •
Section 4.9. Regular meetings of the Board of Directors may be held
upon such notice, or without notice, and at such time and place as, from time to
time, shall be determined by the Board of Directors. The secretary shall call
special meetings of the Board of Directors when requested by the president or
when requested in writing by 20 percent of the directors. Notice of the special
meeting shall be given to each director either in person or by mail or telephone
and must be received by the director not less than two days prior to the
meeting.
Section 4.10. One -third of the number of directors then serving on the
Board of Directors shall constitute a quorum for the transaction of business at
any meeting. The act of the majority of the directors present at any meeting at
which a quorum is present shall be the act of the Board of Directors.
Section 4.11. The members of the Board of Directors of this corporation
shall serve without compensation.
Section 4.12. The Board of Directors may permit any or all directors to
participate in a regular or special meeting by, or conduct the meeting through,
use of any means of communication by which all directors participating may
simultaneously hear each other during the meeting. A director participating in a
meeting by this means is deemed to be present in person at the meeting.
Section 4.13. The President may remove a director from office if:
(a) He fails to attend three consecutive meetings of the Board of
Directors, whether regular or special;
(b) In the President's judgment, the director otherwise fails to
participate in the activities of the corporation:
(c) The President advises the Board of his /her intent to remove
the director and is not promptly notified of objection to such action
by two or more directors; and
(d) The President has previously communicated with the director
advising him /her of the President's determination to remove him
from office
ARTICLE 5.
COMMITTEES
Section 5.1. The Board of Directors may appoint from among its
members an Executive Committee of not less than three members. The
Executive Committee shall have such powers and shall perform such duties as
may be delegated and assigned to the Executive Committee from time to time by
the Board of Directors.
All actions taken by the Executive Committee shall be a majority of those
serving on the committee if taken at a meeting or by unanimous written approval
if taken without a meeting. The Executive Committee shall keep records of its
activities and proceedings, as it shall deem appropriate. All actions by the
Executive Committee shall be reported to the Board of Directors at the meeting
succeeding such action and shall be subject to revision, alteration and approval
by the Board of Directors; provided, however, that no rights or acts of third
parties shall be affected by such revision or alteration.
Meetings of the Executive Committee shall be called, from time to time, at
the direction and upon the request of any member thereof. Notice of such
meetings, unless waived, shall in each instance be given to each member of the
Executive Committee at least one day before the meeting, either orally or in
writing. The Board of Directors shall fill vacancies in the membership of the
Executive Committee at a special meeting called for that purpose or at a regular
meeting.
• -ZZ
Section 5.2. The Board of Directors may, from time to time, appoint
other committees for such purposes as designated by the Board of Directors.
Each committee shall have such powers and shall perform such duties as may be
delegated and assigned to the committee by the Board of Directors; However, all
matters transacted by a committee in the name of the corporation shall be
submitted and ratified by the Board of Directors at its next regular or special
meeting. Membership of any such committee shall include at least two members
of the Board of Directors.
ARTICLE 6.
NOTICE
Section 6.1. Wherever notice is required in these Bylaws, such notice
may be oral or written unless otherwise specified for a particular kind of notice.
Notice may be communicated in person, by telephone, telegraph, teletype or
other form of wire or wireless communication, by mail or private carrier,
including publication in a newsletter or similar document mailed to a member's or
director's address. Written notice by the corporation to a member is effective
when mailed if it is mailed post paid and is correctly addressed to the member's
address shown in the corporation's current records of members. In other
instances, personal written notice, if in a comprehensible form, is effective at the
earliest of the following: when received; five days after its postmark, if mailed by
United States mail correctly addressed and with first class postage affixed; on
the date shown on the return receipt, if sent by registered or certified mail,
return receipt requested, and the receipt is signed by or on behalf of the
addressee; or 30 days after its deposit in the United States mail if mailed
correctly addressed and with other than first class, registered or certified postage
affixed.
If the Board of Directors or the Executive Committee determines that the
- forms of notice specified herein are impractical, notice may be communicated by
a newspaper of general circulation in the area where the meeting is to be held,
or by radio, television or other form of public broadcast communication.
Section 6.2. A member or director may at any time waive any notice
required by these Bylaws, the Articles of Incorporation or the Washington
Nonprofit Corporation Act. The waiver must be in writing, be signed by the
member or director entitled to the notice, specify the meeting for which the
notice is waived and be filed with the minutes or corporate records. A member's
attendance at a meeting waives objection to:
Lack of notice or defective notice of the meeting, unless the member at the
beginning of the meeting objects to holding the meeting or transacting business
at the meeting; and
Z -Z3
Consideration of a particular matter at the meeting that is not within the purpose
or purposes described in the meeting notice, unless the member objects to
considering the matter when it is presented.
A director's attendance at or participation in meeting waives any required
notice to the director of the meeting unless the director, at the beginning of the
meeting, or promptly upon the director's arrival, objects to holding the meeting
or transacting business at the meeting and does not thereafter vote for or assent
to any action taken at the meeting.
Whenever any notice is required to be given to any director under the
provisions of the Washington Nonprofit Corporation law, the Articles of
Incorporation or these Bylaws, a waiver thereof in writing, signed by the person
or persons entitled to such notice, whether before or after the time stated
therein, shall be deemed equivalent to the required notice. The presence of a
director at any meeting shall constitute a waiver of any notice required for such
meeting, except where a director attends a meeting for the express purpose of
objecting to the transaction of any business because the meeting in not lawfully
called or convened.
•
ARTICLE 7.
ACTION WITHOUT MEETING
Section 7.1. Any action required or permitted to be taken at the Board of
Directors' meeting may be taken without a meeting if all members of the Board
of Directors take the action.
Section 7.2. Any action required or permitted to be taken at a member'
meeting may be taken without a meeting if all the members take the action
entitled to vote on the action.
Section 7.3. Actions taken under this Article 7 shall be evidenced by one
or more written consents describing the action taken, signed by each member or
director, as the case may be, and included in the minutes or filed with the
corporate records reflecting the action taken. Action taken under this Article 7 is
effective when the last member or director signs the consent, unless the consent
specifies an earlier or later effective date. A consent signed under this section
has the effect of a meeting vote and may be described as such in any document.
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ARTICLE 8.
OFFICERS
Section 8.1. The corporation shall have a president, a vice president, a
treasurer, and a secretary, each of whom shall be elected by the Board of
Directors as principal officers. The same individual may simultaneously hold more
than one office in the corporation.
Section 8.2. The Board of Directors may elect or appoint such other
officers, assistant officers, agents, and other employees, as it shall deem
necessary or desirable. They shall hold their offices for such terms and shall have
such authority and perform such duties as shall be determined by the Board of
Directors.
Section 8.3. The salaries of all employees and other agents of the
corporation shall be fixed by the Board of Directors. Unless otherwise specified
by the Board of Directors, officers shall serve without compensation.
Section 8.4. The election of officers shall take place each year at the first
meeting of the newly elected Board of Directors. Assistant officers, if any, need
not be members of the Board of Directors. All principal officers elected must be
members of the Board of Directors.
Section 8.5. Any officer, agent or other employee elected or appointed
by the Board of Directors, may be removed by a majority vote of all the directors
then serving on the board whenever in their judgment the best interests of the
corporation will be served thereby. Such removal shall be without prejudice to
the contractual rights, if any, of the person so removed. If any position should
become vacant for any reason, the Board of Directors shall fill the vacancy.
Section 8.6. On the death, resignation, retirement or removal from office
of any officer, agent or other employee, all books, papers, vouchers, money and
any other property of whatever kind in their possession or under their control
which belong to the corporation shall be restored to the corporation.
•
T - 25
ARTICLE 9.
DUTIES OF OFFICERS
Section 9.1. The president shall be the chief executive officer of the
corporation. The president shall preside at all meetings of the Board of Directors
and shall be the inspector of all elections of directors and certify those who are
elected as such. The president shall see to the general and active management
of the business affairs of the corporation and shall see that all orders and
resolutions of the Board of Directors are carried into effect.
Section 9.2 The vice president shall perform the duties and exercise the
powers of the president at such time as the president is unable to act, and such
other duties as the Board of Directors shall prescribe.
Section 9.3. The secretary shall have responsibility for preparing minutes
of the directors' and members' meetings and for authenticating records of the
corporation. The secretary shall give notice of all meetings of the Board of
Directors and committees as required under the provisions of the Oregon
Nonprofit Corporation Act, the Articles of Incorporation and these Bylaws, and
shall perform such other duties as may be prescribed by the Board of Directors
or the president.
Section 9.4. The treasurer shall have the duty to receive all monies and
funds of the corporation and shall deposit the same in the bank or banks
designated by the Board of Directors and in the name and to the account of the
corporation. Such funds shall be paid out only as may be directed by the Board
of Directors. The treasurer shall keep full and accurate books of account and
shall make such reports of such financial transactions of the corporation as may
from time to time be required by the Board of Directors, and shall perform such
other duties as may be prescribed by the Board of Directors.
ARTICLE 10
INDEMNIFICATION
The corporation shall indemnify its directors, officers, agents and
employees for liability and related expenses to the full extent permitted by the
Washington Nonprofit Corporation Act.
ARTICLE 11.
LOANS
No money shall be borrowed by the corporation without authority of the
Board of Directors, and for security purposes, the Board of Directors may
authorize the execution and delivery of a mortgage or trust deed upon any of the
- 2 1
real property belonging to the corporation or the pledging of any of the personal
property of the corporation. Such authorization having been given, the president
or vice president of the corporation, in conjunction with the secretary or
treasurer, shall execute in the name of the corporation the authorized notes,
mortgages, trust deeds and pledges.
ARTICLE 12.
CHECKS
All checks of the corporation shall be signed in such manner as the Board
of Directors may, from time to time, designate.
ARTICLE 13
AMENDMENTS
These Bylaws may be amended or repealed, in whole or in part, by the
affirmative vote of a majority of all of the directors then on the Board of
Directors at any regular or special meeting called for that purpose, provided that
notice of the proposed amendment is given in the notice of the meeting or notice
thereof is waived in writing by all directors.
ARTICLE 14
EXECUTIVE STAFF
Section 14.1. The Board shall engage an Executive Director whose term
and conditions of employment shall be specified by the Board.
Section 14.2. The Executive Director shall be the chief executive of the
corporation responsible for all management functions. The Executive Director
shall manage and direct all activities of the corporation as prescribed by the
Board of Directors and shall be responsible to the Board. The Executive Director
shall be an ex officio member of the Board.
Section 14.3. The Executive Director, after . consultation with the
Executive Committee, shall engage and may terminate the engagement of
members of the staff necessary to carry on work of the corporation and fix their
compensation within the approved budget. The Board of Directors annually must
ratify any compensation to any member of the staff in excess of ten thousand
dollars ($10,000).
The Executive Director, after consultation with the Executive Committee,
shall define the duties of the staff, supervise their performances, establish their
titles, and delegate those responsibilities of management as shall be in the best
interests of the corporation.
1 -Z
Section 14.4 Reasonable expenditures by members of the executive staff
directly related to their activities on behalf of the corporation shall be reimbursed
by the corporation, subject to such limitations as the Board of Directors may
specify from time to time, and upon substantiation of the time, nature and
amount of such expenditure.
....More Programs - ..•Other .Activities
FILLING PARKS
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__11 MEMBERSHIP REQUIREMENTS ��
You must be enrolled in school, K -12 l
_ ' • Membership fees of $20.00 a year or r
$10.00 a year if you qualify for free or
reduced lunch in school. You need to
Wrestling bring letter of proof from the school
district.
602 N 4th St www, akima al.com
` k. Yakima. WA 98901 y p
Phone: (509) 575 -6180
E-Mail: yakimapal(a )ci.yakima.wa.us
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,Founded in 2003 as a non-profit
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organization, yPyt.0 is a juvenile
crime prevention program. Boxing
yP 416►
• See to foster a bond of mu-
Chief Sam G ranato tual trust, respect, andde
unr- -,_ " " , _ • ` p M'�' III
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and young people by enabling 9
ill them to interact in apositive _ Respect & �i.
Capt. Rod fight Strength, • •
setting.
• 'Was organized as a long-term --- Stren Pride
Ages 8 -18 Monday
through Thursday 4:30 to 6:00
all
crime prevention program
Lt. Tom Foley aimedat juvenile crime, gang
violence, and drug activity.
PalAchievers
Sgt. Linda "Watts
• Provid alternative recrea-
tional educational and ath- SAM .-
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c activities under the su- , "
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pervision of police officers and
volunteers. Leadership,
Community
Officer "Wayne 3 faubrich Service,
41 t Teamwork,&
Dedication
. ...Cops & Kids year -round youth leadership pro
Officer Shelley 'Upton gram. Participants are 13 to 18
working together for They are required to perform corn
I Cl munity service hours. They als(
a better community! unity ! raise money for the yP.AL progran
Jvlarisol Deloza PSS II by planning and participating it
fundraisers. Meetings are .Monday.
at 3:00.
Yaki m Police Athletic League 0633 Monday, September 29, 2008
-44$1 -44$1 " e 602 N St _
Yakima, ;:i 1 9 ° a Phone: 6180 Shcnh� S-1-...r, ` S •S�o+7 of •j ilMee , Fax: -6007 °
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Email: mdeloza@ci.yakima.wa.us
Report Title: Annual Report
Description: Organization membership report featuring key demographic distributions for all memberships that are currently active.
'Gender Summary: Count All Percent'
MN Female 70 266 26.32%
® Male 196 266 73.68%
Grand Total: 4 Count All Percent
Gender 266 266 100.00%
Ethnicity Summary: Count All Percent "
INN AFRICAN AMERICAN 3 266 1.13%
® ASIAN /PACIFIC ISLANDER 1 266 0.38 %
® CAUCASIAN 43 266 16.17%
Cl HISPANIC/LATIN 214 266 80.46%
® NATIVE AMERICAN 6 266 1.88%
Grand Total: Count All Percent
Ethnicity 266 266 100.00%
Age Summary: Count All Percent
MI Age: 1 266 0.38%
li Age:.6 4 266 1.50%
® Age: 7 8 266 3.01%
I I Age: 8 11 266 ` 4.14%
® Age: 9 29 266 10.90 %
MN Age: 10 28 266 10.63%
I• Age: 11 16 266 6.02%
IilIMI Age: 12 38. 266 14.29%
® Age: 13 22 266 8.27%
® Age: 14 19 266 7.14%
ME Age: 15 24 266 9.02%
l• Age: 16 28 266 10.63%
MI Age: 17 16 266 6.02%
CI Age: 1$ 8 266 3.01%
MEI Age: 19 1 266 0.38%
® Age: 20 4 266 1.60%
EMI Age: 22 2 266 0.75%
CD Age: 27 1 266 0.38%
MN Age: 28 1 266 0.38%
8l• Age: 32 1 ' 266 0.38%
1= Age: 34 1 266 0.38%
EMI Age: 38 1 266 0.38%
I• Age: 40 1 266 0.38%
® Age: 56 1 266 0.38%
Grand Total: Count All Percent
Age 266 266 100.00%
lAge Category Summary: Count All Percent
® 266 266 100.00%
Grand Total: Count All Percent
Age Category 266 266 100.00%
Mnnrlav Cantamhar 90 9nns: Yakima Pnlira Athlatir I canna nann
I eport Title: Annual Report Afoc ,s
Annual Household Income Summary: Count AU Percent
266 266 100.00%
Grand Total: Count All Percent
Annual Household Income 266 266 100.00%
The numbers displayed for Grade and School may not match other
demographic categories because the school and grade level data may be
different. For example, members may not be enrolled or may be concurrently
enrolled.
Grade Summary: Count All Percent
Grade: PK 1 245 0.41%
® Grade: K • 3 246 122%
® Grade: 1 17 245 6.94%
C Grade: 2 9 _ 245 3.67%
® Grade: 3 27 245 11.02%
If= Grade:4 23 245 929%
IN Grade: 5 22 245 8.98%
® Grade: 6 36 246 14.69%
OM Grade: 7 12 245 4.90% •
Grade:8 23 245 929%
BIM Grade: 9 29 245 11.84%
ME Grade: 10 22 245 8.98%
MN Grade: 11 15 245 6.12%
Grade: 12 6 245 2.46%
Grand Total: Count All Percent
Grade 245 246 100.00%
!Family Setting Summary: Count All Percent
266 266 100.00%
Grand Total: Count All. Percent
Family Setting 266 266 100.00%
!Disability Summary: Count AU Percent
258 271 95.20% •
• ALLERGIES 4 271 1A8%
ADHD /ADD BEHAVIOR 3 271 1.11%
CI ASTHMA 2 271 0.74%
® depression 2 271 0.74%
1 HEART CONDITION 1 271 027 %
Alergic to Penicillin 1 271 0.37%
Grand Total: Count All Percent
Disability 271 271 100.00%
Household Type Summary: Count All Percent
IMO 266 266 100.00%
Grand Total: Count All Percent
Household Type 266 266 100.00%
The Lives With numbers may not match other demographic categories
because this data may not be collected for every member and/or because
each member can be identified as living with multiple members within a
household. You may want to refer to Household Type or Family Setting
counts for this information.
Lives With Relationship Summary: Count All Percent
B M GRANDPARENT 2 262 0.76%
® Parent - 259 262 98.85%
® Acquaintance 1 262 0.38%
Grand Total: Count All Percent
Lives With Relationship 262 262 100.00%
Mnnrlav Santomhor 90 '7nnR Yakima Pnlira Athlhtir I Parma PARR
Report Title: Annual Report nfocus
The numbers dislayed for Grade and School may not match other demographic categories because the
school and grade level data may be different. For example, members may not be enrolled or may be
concurrently enrolled.
School Summary: Count All Percent
ft• Davis 43 245 17.65%
® Washington Middle School 26 246 10.20%
® Eisenhower 21 - 245 8.57%
CI Barge Lincoln 7 18 245 7.35%
® Adams Elementary 14 245 5.71%
0= East Valley Intermidiate 10 245 4.08 %,
® Lewis & Clark 10 245 4.08%
Franklin 8 246 3.27 % ..
NM Robertson 8 245 3.27%
Wilson Middle School 7 245 2.86 %
® Moxee Elementary 6 245 2.45%
OM Martin Luther King Y 6 245 2.45%
1• Hoover 5 245 2.04%
Elig Garfield s 5 246 2.04 %
® WEST VALLEY HIGH SCHOOL 5 245 2.04%
® Nob Hill 4 245 1.63%
® Gilbert 4 246 1.63%
CI John Campbell 3 245 112%
® East Valley Elementary 3 245 1.22%
Naches Intermediate 3 245 1.22%
MI Roosevelt 3 245 1.22%
M Selah Intermediate 3 245 1.22%
Naches Middle 2 245 0.82%
® West Valley Jr. High 2 246 0.82%
UM West Valley Middle School 2 245 0.82%
® Whitney 2 245 0.82%
OM Wide Hollow Elementry 2 245 0.82 %
NA Terrace Heights Elementary 2 245 0:82%
ft• Tieton Intermediate 2 245 0.82%
® Union Gap Elementary 2 245 0.82%
® Wapato Middle School 2 246 0.82%
I I East Valley High 2 245 012%
® McClure 2 245 0.82%
Ridgeview 2 245 0.82%
Cotonwood Elementary 1 245 0.41%
CM Discovery Lab 1 245 0.41%
lilt• East Valley Central 1 245 0.41%
® Pre- School 1 246 0.41%
MI Stanton 1 246 0.41%
® Summitview 1 245 0.41%
flit• Selah High 1 245 0.41%
Grand Total: Count All Percent
School 245 245 100.00%
Mnnriav Sontamhar 7Q 7nns Yakima Pnlira Afhlatie I oannia ARIA
iteportTitle: Annual Report nfocus
Day Care Voucher Summary: Count All Percent Food Stamp Program Summary: Count All Percent'
I® No 266 266 100.00% illal No 218 266 81.95%
Grand Total: Count All Percent = Yes r 48 266 18.05%
Day Care Voucher 266 266 100.00% Grand Total: Count All Percent
Food Stamp Program 266 266 100.00%
General Assistance Program Summary: Count All Percent School Lunch Program Summary: Count All Percent'1
No 243 266 91.35% Will No 102 266 38.36%
O Yes 23 266 8.65% I= Yes 164 266 61.65%
Grand Total: Count All Percent Grand Total: Count All Percent I
General Assistance Program 266 266 100.00% School'Lunch Program 266 266 100.00%
ISSI Program Summary: Count All Percent SSDI Program Summary: Count All Percent 1
wis No 263 266 98.87% ® No 266 266 100.00%
0 Yes 3 266 1.13% Grand Total: Count All Percent]
Grand Total: Count All Percent SSDI Program 266 266 100.00%
SSI Program 266 266 100.00%
ITANF Program Summary: Count All Percent Veterans Compensation Program Summary: Count All Percent'
ME No 265 266 99.62% ® No 266 266 100.00%
E I Yes 1 266 0.38% Grand Total: Count All Percent
Grand Total: Count All Percent Veterans Compensation Program 266 266 100.00%
TANF Program 266 266 100.00%
The Head of Household in Labor Force numbers may not match other Economic Disadvantaged Status Summary: Count All Percent
demographic categories because members do not have a Head of
Household, Employment for a head of household may not be recorded or an ® Unknown 266 266 100.00%
employment record is not currently active. Please refer to the Head of Grand Total: Count All Percent 1
Household Employment list report for further information.
Head of Household in Labor Force: Count All Percent Economic Disadvantaged Status 266 266 100.00%
i No 198 259 76.46%
I' I Yes 61 - 269 23.66%
Grand Total: Count All Percent
Head of Household in Labor Force 259 259 100.00%
Mnnrlav Canfamhar 9Q 9nnl; Yakima Pnlira Athlatir I canna ARZZ
Yakima Police Athletic League 0633 Monday, September 29, 2008
602 N 4th St.
Yakima, WA 98901 n focuss
Phone: (509) 575 -6180 o r . ` w A Pt
Fax: (509) 575 -6007
Email: mdeloza @ci.yakima.wa.us www.nFocus.com'
Report Title: Ethnicity Count
Description: Member ethnicity distribution for Youth memberships that are currently active where has UDC Wrestling = Wrestling YPAL Fury.
Ethnicity Summary: Count All Percent
E CAUCASIAN 22 34 64.71%
NM HISPANIC /LATIN 10 34 29.41%
NATIVE AMERICAN 2 34 6.88%
Grand Total: Count All Percent
Ethnicity 34 34 100.00%
25 - 25
20 20
15 15
II CAUCASIAN
II, HISPANIC/LATIN
10 10 • NATIVE AMERICAN
5 5
0 - 0
Ethnicity
Mnnrlav 711nR Vakima Pnlirn Athlatir I canna ngnn
• Yakima Police Athletic League 0633 Monday, September 29, 2008
602 N 4th St.
Yakima, WA 98901 n focus -
Phone: (509) 575-6180 % o frwA II e
Fax: (509) 575 -6007 ' '
Email: mdeloza @ci.yakima.wa.us
www.nFocus.com
Report Title: Ethnicity Count
Description: Member ethnicity distribution for Youth memberships that are currently active where has UDC Pal- Achievers = PAL - Achiever, or Pal- Achievers =
Former PAL - Achievers.
Ethnicity Summary: Count All Percent
NM HISPANIC /LATIN 29 29 100.00%
Grand Total: Count All Percent
Ethnicity 29 29 100.00%
30 30
25 1111.1.11 25
20
20
15 15 ■ HISPANIC /LATIN
■
10 10
5 . ■
5
■
0 0
Ethnicity
Mnnrlav Cantamhar 7Q xinsA Yakima Pnlira Athlatir I aan,to IIR't't
•
Yakima Police Athletic League 0633 Monday, September 29, 2008
602 N 4th St.
Yakima, WA 98901 n f w- • s
Phone: (509) 675 -6180 ° , ; , ;'`; " ,
'M� Fax: (509) 575 -6007
Email: mdeloza @ci.yakima.wa.us www.nFocus.com°
Report Title: Ethnicity Count
Description: Member ethnicity distribution for Youth memberships that are currently active where has UDC Indoor Soccer = Indoor Soccer 06, Indoor Soccer
= Co -ed Summer Soccer 07, Soccer = Dragon Knights, Indoor Soccer = Rockstars, or Soccer = YPAL Chivas.
Ethnicity Summary: Count All Percent
NM CAUCASIAN 6 46 13.04%
MN HISPANIC /LATIN 39 46 84.78%
NATIVE AMERICAN 1 46 2.17%
Grand Total: Count All Percent
Ethnicity 46 46 100.00%
40 40
35 35
30 30
25 25
20 CAUCASIAN
H ISPAN IC/LATIN
15 15 • NATIVE AMERICAN
10 10
5 5
0 0
Ethnicity
Mnnriav Santamhar 7Q '>nnA Yakima Pnlira Athlatir I annum 11R11
Yakima Police Athletic League 0633 Monday, September 29, 2008
Iar,1" "'Jet 602 N 4th St.
' Yakima, WA 98901 n I S
iPhone: (509) 675 -6160 11 ., ° . ; ° : r
Fax: (509)575-6007
a �+I enc Lead www.nFocus.com'
Email: mdeloza @ci.yakima.wa.us
Report Title: Ethnicity Count
Description: Member ethnicity distribution for Youth memberships that are currently active where has UDC Boxing = Boxing, or Boxing = Former Boxers.
Ethnicity Summary: Count All Percent "1
MO AFRICAN AMERICAN 2 134 1.49%
® ASIAN/PACIFIC ISLANDER 1 134 0.75%
lMII CAUCASIAN 7 134 5.22%
I I HISPANIC /LATIN 12 134 91.04%
Mil NATIVE AMERICAN 2 134 1.49%
Grand Total: Count. All Percent
Ethnicity 134 134 100.00%
140 140
120 120
100 100
80 . 80 • AFRICAN AMERICAN
• ASIAN/PACIFIC ISLANDER
• CAUCASIAN
60 60
❑ HISPANIC/LATIN
II NATIVE AMERICAN
40 40
20 20
0 ,r_..__OM .e 0
@hnicity
Mnnriav Santamhar 7Q 7nnR Yakima Pnlira Athlatir I canna PARR