HomeMy WebLinkAboutR-1997-039 Agreement / YWCA / Domestic Violence Services / LegalRESOLUTION NO. R-97 - 39
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute an Agreement with the YWCA to continue to
provide domestic violence services.
WHEREAS, victims of domestic violence within the City of Yakima in
misdemeanant cases have not historically had readily available counseling
services nor legal advocacy services; and
WHEREAS, the City has applied for (through the Yakima City Prosecutor and
Yakima Police Department) and obtained State grants in the amounts of Thirty
Thousand Four Hundred and Twenty-five Dollars ($30,425.00) for 1996-1997 and
Thirty-one Thousand One Hundred Thirty-three Dollars ($31,133.00) for 1997-1998
to continue the existing domestic violence advocate program; and
WHEREAS, the YWCA has the experience and expertise necessary to hire,
supervise, and train a qualified advocate for domestic violence victims and agrees
to perform these services for the City under the terms and conditions set forth in
the attached agreement; and
WHEREAS, it is in the best interest of the City to contract to utilize the
experience and expertise of the YWCA according to the terms and conditions of
the attached agreement, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to
execute the attached and incorporated "City of Yakima Domestic Violence Advocate
Agreement with YWCA May 1996 to May 1998" for the purpose of continuing the
existing domestic violence advocate program with available grant funding.
ADOPTED BY THE CITY COUNCIL this 4th day of March , 1997.
ATTEST:
City Clerk
ke:res/DV advocate.jw
Mayor Pro -Tem John Puccinelli
CITY OF YAKIMA DOMESTIC VIOLENCE ADVOCATE AGREEMENT
WITH YWCA
THIS AGREEMENT, made and entered into this 20th day of March, 1997,
by and between the YWCA, a private non-profit agency, as the Provider of
Services for a Domestic Violence Victims' Advocate, and the CITY OF YAKIMA,
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the parties hereto desire effectuating an agreement whereby
the Provider will provide the services of an advocate for victims in domestic
violence cases; now, therefore,
IT IS HEREBY mutually agreed as follows:
1. YWCA to Provide Advocate. The Provider of Services shall,
contingent upon receipt of grant funds, hire a full-time certified counselor to
provide legal advocacy and counseling to victims of domestic violence. The
Advocate shall contact victims of domestic violence (whose names shall be
provided by the Yakima Police Department) within 72 hours of the initial
police contact. The YWCA agrees to telephone the Yakima Police Department
daily to receive an updated list of victims to contact.
2. Advocate Primarily for Misdemeanor Violations. Because the grant
for the victims' advocate has been sought by the Yakima Police Department
and the Yakima City Prosecutor, the intent of the parties is that the advocate
will primarily serve victims of domestic violence at the District Court level.
Additionally, the parties recognize that victims of abuse at the felony level are
presently entitled to use the services of the Victim Witness Unit at the Yakima
County Prosecuting Attorney's Office for their counseling and legal advocacy
needs, whereas victims at the misdemeanant level are presently without
resources.
3.
Thirty-one
1998 shall
Expenses:
Disbursement. The grants tentatively approved in the amounts of
Thousand One Hundred Thirty-three Dollars ($31,133.00) for 1997 -
be disbursed upon receipt as follows:
1996 1997
Administrative Support $ 9,784.00 $ 9,784.00
72 -Hour Response Coordinator 24,120.00 24,120.00
Program Advocate 19,269.00 19,269.00
Counselor - .375 10,131.00 10,131.00
Medical/FICA/Retirement 12,579.00 12,579.00
Printing/Copying supplies 1,400.00 1,400.00
Supplies 600.00 600.00
Postage 695.00 695.00
Printing & Advertising 400.00 400.00
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Local Mileage 360.00 360.00
Training & Development 600.00 600.00
Office Occupancy 2,400.00 2,400.00
Telephone 480.00 480.00
Miscellaneous 150.00 150.00
TOTAL $ 82,968.00 $ 82,968.00
Income June 1, 1996 June 1, 1997
through through
May 31, 1997 May 31, 1998
Government Grants $ 35,121.00 $ 35,121.00
City of Yakima 30,425.00 31,133.00
YWCA of Yakima 16,106.00 16,714.00
TOTAL $ 81,652.00 $ 82,968.00
4. Monthly Report. The Provider shall compile on a monthly basis
statistics showing the total number of victims served and case dispositions for
all victims served by the advocate. This information shall be provided to the
City Prosecutor and to the Yakima Police Department for use in determining
whether to apply for grant funding when the present tentatively approved
grant expires.
5. Service to be Provided. The advocate shall provide the following
services:
A. Provide direct crisis counseling to resident clients, individually
or in groups; secure confidence of clients; assess and evaluate needs and depth
of trauma; structure counseling to best meet client needs; provide referral to
further counseling or help as needed; report to Child Protective Services as
necessary.
B. Conduct a variety of education and training for shelter residents,
such as parenting skills and domestic violence and sexual abuse issues.
C Facilitate support groups and group meetings.
D. Maintain case files, records, and documentation; maintain
accurate statistics; prepare reports and correspondence as required.
E. Protect confidentiality of shelter and clients at all times.
F. Develop local social service resources for appropriate referrals.
G. Serve as liaison for victims in areas of law enforcement and
criminal justice to ensure clients receive fair and equitable treatment
throughout the system; assist clients in securing protection orders; provide
translation and support services.
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H. Provide emotional support to clients during crisis periods; discuss
options and choices with assigned caseload of clients; schedule work day to
meet the needs of clients.
I. Testify in court as needed.
J. Advocate for legal, service and resource needs of clients; appear
in court as necessary to support clients.
K.
as needed.
Provide alternate and back-up coverage for shelter supervision
L. Perform related duties as assigned by Provider YWCA.
M. Advocate shall at a minimum possess a Bachelor's Degree in social
psychology, counseling or a closely related field, including training in early
childhood development and family relations, and experience in domestic
violence or related social services; a Master's Degree is preferred.
6. Term. The initial term of
1995 to May 31, 1996. The Yakima City
term of this Agreement, on a year to
conditions herein, subject to the amount
year period.
this Agreement shall be from June 1,
Manager may agree to extensions of the
year basis, upon the same terms and
of grant fund allocation for each one
7. Payments. Compensation to the Provider shall be payable
monthly upon proper voucher for salary and expenses as outlined herein.
Vouchers shall be submitted by the Provider YWCA and received by the
Director of Finance and Budget at City Hall, Yakima, Washington. Any amounts
owing beyond payments already made by the City for the period June 1, 1996 to
the date of the Agreement, shall be paid as a lump sum upon execution of the
Agreement by all parties.
8. No Assignment. The Provider YWCA shall not assign, transfer, or
subcontract this agreement without obtaining prior written approval from the
City.
9. Independent Contractor. The parties agree that the Provider
YWCA is an independent contractor with the responsibility and authority to
control and direct the performance of the details of the work described herein,
in accordance with the terms and conditions of this agreement. The
implementation of contracted activities and the results to be achieved are
solely the responsibility of the Provider of services, YWCA. No agent,
employee, subcontractor, or representative of the YWCA shall be deemed to be
an employee, agent, servant, or representative of the City of Yakima for any
purpose, and the employees, agents, subcontractors, or representatives of the
Provider YWCA are not entitled to any of the benefits the City provides for its
employees. The YWCA will be solely and entirely responsible for the acts of its
agents, employees, subcontractors, or otherwise, during the performance of
this agreement.
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10. Police Duties. Pursuant to RCW 10.97.050, the Yakima Police
Department agrees to provide the name, telephone number, address and case
number (victim information) to the YWCA 72 -Hour Response Program through
its advocate, a position established for the purpose of providing assistance to
victims of domestic violence within the City of Yakima.
This victim information is given to the YWCA 72 -Hour Response
Program to enable them to offer and provide assistance to victims of domestic
violence early in the cycle of violence. This assistance will be in the form of
education about domestic violence, advocacy, counseling and information
about resources for victims of domestic violence.
Victim information may be provided by the Yakima Police Department
to the YWCA 72 -Hour Response Program in either verbal or written form and
will be provided pursuant to a YWCA 72 -Hour Program request that indicates
that an authorized and approved Program worker is available to receive the
information. The victim information will be considered confidential by the
YWCA 72 -Hour Response Program and its personnel, will be securely stored by
the Program so as to prevent unauthorized access or use, and will be used by
the Program only for the purposes described in paragraph 2, Section 10 of this
Agreement.
11. Indemnity. The Provider YWCA hereby agrees to release,
indemnify, protect, defend and save harmless the City and its elected and
appointed officials, employees, and agents from all claims, actions, or damages
of any kind and description which may occur to or be suffered by any person
or persons, corporation, or property arising, directly or indirectly, out of the
operation of this agreement, caused or contributed thereto by the YWCA or its
employees or subcontractors. Provided, however, that nothing herein shall be
deemed to require the YWCA to indemnify the City of Yakima or its elected or
appointed officials, agents, or employees for injury to persons, corporations,
and/or property arising from the sole negligence of the City of Yakima and its
elected or appointed officials, employees, and agents. In case of suit or action
brought against the City of Yakima and/or its elected or appointed officials,
agents, and employees for damages arising out of or by reason of any of the
above-mentioned causes, the Provider YWCA agrees to pay all costs of defense,
including reasonable attorney's fees and any judgment.
12. Non Discrimination. The Provider YWCA shall not discriminate on
the basis of race, creed, color, national origin, or physical, mental, or sensory
handicap in the performance of this contract.
13. Governing Law. This agreement has been and shall be construed
as having been made and delivered within the State of Washington, and it is
mutually understood and agreed to by each party hereto that this agreement
shall be governed by the laws of the State of Washington both as to
interpretation and as to performance.
14. Venue. Any action at law, suit in equity, or judicial proceeding
for the enforcement of this agreement or any provisions thereof, shall be
instituted and maintained only in the Superior Court for Yakima County,
Yakima, Washington.
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15. Integration. It is understood and agreed that all understandings
and agreements, whether written or oral, heretofore had between the parties
hereto are merged in this Agreement, which alone fully and completely
expresses their agreement, that neither party is relying upon any statement
or representation not embodied in this Agreement, made by the other, and that
this Agreement may not be changed except by an instrument in writing
signed by both parties.
DATED this day of March, 1997.
CITY OF YAKIMA
By:
R. A. Zais, Jr.
City Manager
129 North Second Street
Yakima, WA 98901
ATTEST:
City Clerk 3//(-0/q-?
City Contract No.
97-27
Resolution No. R-97-39
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(kc)agrccmcnt for dv advocalc
YWCA, a private
non-profit agency
By:
Patty Dion
Executive Director
15 North Naches Avenue
Yakima, WA 98901
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
i
Item No. -
For Meeting Of
l �l
ITEM TITLE: A Resolution authorizing the City Manager and City Clerk of the
City of Yakima to execute an agreement with the YWCA as the
provider of services for a domestic violence victims' advocate.
SUBMITTED BY: Jeff B. West, Acting City Prosecutor
CONTACT PERSON/TELEPHONE:
SUMMARY EXPLANATION:
Jeff B. West
575-6033
Realizing that victims of domestic violence at the misdemeanant level are in need of
counseling and legal advocacy assistance, the Yakima City Prosecutor and the Yakima
Police Department applied for and have been approved for a grant for a domestic
violence advocate. An agreement between the City and the YWCA as the provider of
these services has been reached subject to Council approval. The 1996 grant is in the
amount of Thirty Thousand Four Hundred Twenty-five Dollars ($30,425.00) will cover
funding for the domestic violence advocate position for the period from June 1, 1996, to
May 31, 1997, and the 1997 grant of Thirty-one Thousand One Hundred Thirty-three
Dollars ($31,133.00) from June 1, 1997, through May 31, 1998. If satisfactory
performance continues, the City may wish to reapply for another grant when the
present ones expire (May, 1998). The attached Agreement enables the City to continue
the existing domestic violence advocate program by using State grant funding.
Resolution X Ordinance Contract X Other(Specify)
Funding Source Grant funds only
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-39
(ko)agenda/Domestla Viofence.{w