The URL can be used to link to this page

Home My WebLink AboutR-1996-011 Substance Abuse CoalitionRESOLUTION NO. R-96- 11 A RESOLUTION authorizing the City Manager and City Clerk to enter into an Agreement between City of Yakima and the Yakima County Substance Abuse Coalition, Inc., for community substance abuse prevention services. WHEREAS, the City of Yakima, ESD No. 105, Yakima County, and Yakima County School District No. 7 were members of an Interlocal Cooperative Agreement for the financing and operating of the County -Wide Coalition for the War on Drugs; and WHEREAS, said Interlocal Cooperative Agreement has been dissolved and, in its place, in order to foster greater legal flexibility, a private, non-profit corporation, the Yakima County Substance Abuse Coalition, Inc., has been formed for the purpose of carrying out the goals and objectives of the former Interlocal Cooperation Agreement; and WHEREAS, the City of Yakima has authority under Article 11, Section 11 of the Washington State Constitution to regulate and foster the public health, safety, and welfare of its residents; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the citizens of the City to continue a campaign of education, persuasion and community action against substance abuse; and WHEREAS, the City Council finds and declares that said corporation as the successor to the Interlocal Cooperation Agreement constitutes a sole source of services and the Council desires because of the unique prior experience and expertise of the staff and director of said corporation and the administration of said corporation of certain state and federal anti-drug grants; and WHEREAS, the City Council desire to contract with the Yakima County Coalition in accordance with the attached Agreement for the War on Drugs, Inc. for the aforementioned services, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "Agreement Between City of Yakima and the Yakima County Substance Abuse Coalition, Inc.," a true copy of which is attached hereto and incorporated herein by reference. (m1w)res/War On Drugs.pm ADOPTED BY THE CITY COUNCIL this gN,- day of ATCEST: c - City Clerk (m1w)res/War On Drugs.pm Mayor , 1996 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION, INC. WHEREAS, the City of Yakima, ESD No. 105, Yakima County, and Yakima County School district No. 7 were members of an Interlocal Cooperative Agreement for the financing and operating of the County Wide Coalition for the War on Drugs; and WHEREAS, said Interlocal Cooperative Agreement has been dissolved and, in its place, in order to foster greater legal flexibility, a private, non-profit corporation, the Yakima County Substance Abuse Coalition, Inc., has been formed for the purpose of carrying out the goals and objectives of the former Interlocal Cooperation Agreement; and WHEREAS, the City of Yakima has authority under Article 11, Section 11 of the Washington State Constitution to regulate and foster the public health, safety, and welfare of its residents; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the citizens of the City to continue a campaign of education, persuasion and community action against substance abuse; and WHEREAS, the City Council desires to contract with the Yakima County Substance Abuse Coalition for the aforementioned services; NOW, THEREFORE, the parties mutually agree as follows: 1. PARTIES. In this Agreement the City of Yakima shall be the "City" and the Yakima County Substance Abuse Coalition, Inc., shall be the "Coalition". The term "parties" shall be used in referring to both such entities. 2. TERM. This Agreement shall commence upon execution hereof and shall continue to December 31, 1996 unless terminated by the parties under the termination provisions provided in this Agreement. Thereafter, this Agreement shall continue from year to year, January 1 to December 31, unless terminated as provided herein. 3. CONSIDERATION. As consideration, the City shall pay the Coalition Fourteen Thousand Four Hundred and Eighty -Nine Dollars ($14,489.00) in equal installments on March 1 and September 1, 1996. Commencing September 1 of 1996, and each September thereafter, the parties may negotiate a change in consideration for the coming year. Such negotiation shall be completed by December 31. (mlw)agr/war on drugs.pm Page 1 4. SCOPE OF WORK. The Coalition shall perform the following services for the City: a. Plan and organize a minimum of 100 National Night Out Against Crime and Drugs Block Parties within the City by August 15 of each year during the life of this Agreement. b. Plan, establish, and maintain six (6) neighborhood substance abuse prevention coalitions to decrease crime and drugs within the City limits of Yakima. c. Develop and distribute crime and drug prevention materials to twenty thousand (20,000) City residents at community events and activities such as Kite Festival, July 4th celebration, and Central Washington State Fair. d. Attempt to develop public/private partnerships to finance City anti -gang programs at a level of Two Hundred Thousand Dollars ($200,000.00) per year. e. Recruit one hundred (100) new volunteers to assist in substance abuse prevention programs. 5. QUARTERLY REPORTOn or before March 31, June 30, September 30, and December 31 of each contract year, the executive head of the Coalition shall provide a written report to the City Manager which shall provide in detail a progress report on completion of the scope of work defined in this Agreement. The report shall be comprehensive and shall provide adequate detail so that the City Manager may determine whether the scope of work defined in this Agreement is being carried out in a timely fashion and to the standards of this Agreement. 6. STATUS OF THE COALITION The employees of the Coalition possess expertise in substance abuse knowledge and information which affects the citizens of the City of Yakima. The work force of the City does not include such expertise. In order to carry out the purposes and goals of this Agreement, the City must contract with the Coalition. 7. INDEPENDENT CONTRACTOR Coalition and the City understand and expressly agree that Coalition is an independent contractor, and none of Coalition's employees shall be considered an employee of the City. Coalition and Coalition's employees shall make no claim of City employment or claim any related employment benefits from the City, including but not limited to, medical benefits, social security, and retirement. Coalition has no authority to nor shall Coalition represent that it has authorization to bind the City in any manner. 8. TAXES AND ASSESSMENTS. Coalition shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, (miw)agr/war on drugs.pm Page 2 FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Coalition shall pay the same before it becomes due. 9. DISCRIMINATION. Coalition shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, martial status, age, or the presence of any sensory, mental, or physical handicap. Such action shall include but not be limited to: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. 10. NO INSURANCE. It is understood the City does not maintain liability insurance for Coalition or its employees. 11. COMPLIANCE WITH LAW. Coalition agrees to perform the services and work under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 12. INDEMNIFICATION. The Coalition shall defend, indemnify and hold harmless the City of Yakima, its agents, officers, and employees, from any and all liability resulting from the performance of this Agreement. Such indemnity shall include, but not be limited to, monetary damages, attorney's fees, taxes, fees, and penalties. The parties intend that this indemnity shall be applied first and to its fullest extent in the event any other indemnity applies to a covered event. 13. NOTICE. Unless stated otherwise, all notices and demand shall be in writing and sent to the parties to their addresses as follows: City Manager City Hall 129 North Second Street Yakima, WA 98901 Executive Director Yakima Substance Abuse Coalition, Inc. P.O. Box 554 Yakima, WA 98907 14. TERMINATION. Commencing the calendar year 1996, in the event the parties to this Agreement cannot reach agreement as to the consideration to be paid in any succeeding year of this Agreement by December 1st of the previous year, this Agreement shall then terminate on December 31st of that year. (mlw)agr/war on drugs.pm Page 3 In addition, either party may terminate this Agreement mid -year by providing a thirty (30) day written notice to the other party. In that event, the City shall pay pro rata for work in progress. 15. ASSIGNMENT. The Coalition shall not assign any of the duties, rights or obligations created by this Agreement without written consent of the City. Such consent shall not be unreasonably withheld. 16. ENTIRE AGREEMENT.This Agreement constitutes the entire agreement between the parties. There exists no other agreement between the parties, written or oral, covering the subjects contained in this Agreement. 17. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 18. GOVERNING LAW. This Agreement and the attachment hereto shall be governed and construed in accordance with the law of the State of Washington. 19. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. WHEREFORE, the parties hereto have entered into this Agreement this 3044`" day of 3ak.rj , 1996 Attest: City Clerk 6/q s --- CITY CONTRACT NO. C\ ( ` ! i (mhw)agr/war on drugs.pm CITY OF YAKIMA R.A. Zais, Jr. City Manager YAKIMA OUNTY SUBSTANCE ABUS OALITION, INC. By: Its: Page 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ) L 1/23/96 For Meeting Of ITEM TITLE: Resolution authorizing the City Manager and the City Clerk to execute a Service Contract with the Yakima County Substance Abuse Coalition, Inc.. SUBMITTED BY: John Hanson, Director of Finance & Budget CONTACT PERSON/TELEPHONE: John Hanson (575-6053) SUMMARY EXPLANATION: In 1992, the Yakima City Council authorized execution of a service contract with the Yakima County Substance Abuse Coalition in order to continue a campaign of education, persuasion and community action against substance abuse. During the 1996 final budget hearing, the Yakima City Council reauthorized funding for the program at a slightly reduced level. Attached hereto for the City Council's consideration and approval is a resolution and revised Agreement with the Yakima County Substance Abuse Coalition, Inc., that reflects the slight funding reduction. Resolution X Ordinance Contract_X...Other(Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (pm)syandm stmt/YCSAC