HomeMy WebLinkAboutR-2004-098 YWCA Agreement (re: domestic violence services)RESOLUTION NO. R-2004-_98
A RESOLUTION authorizing the City Manager 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 a State grant in the amount of
Twenty -Two Thousand Eight Hundred and No/100 Dollars ($22,800.00) 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 of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated "City of Yakima Domestic Violence Advocate
Agreement with YWCA" effective January 1, 2004 through December 31, 20004 for
the purpose of continuing the existing domestic violence advocate program with
available grant funding.
ADOPTED BY THE CITY COUNCIL this 6th day of July, 2004.
(7z,
ATTEST: Paul P. George, Mayor
City Clerk
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CITY OF YAKIMA DOMESTIC VIOLENCE ADVOCATE AGREEMENT
WITH YWCA
THIS AGREEMENT, made and entered into this 7 qday of July, 2004,
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").
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, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and the
YWCA as follows:
1. Scope of Services. The YWCA shall, contingent upon receipt of grant
funds, hire and train domestic violence advocates to provide legal advocacy and
advocacy based counseling to victims of domestic violence. The advocate shall
provide the following services:
a. Contact victims of domestic violence (whose names shall be
provided by the Yakima Police Department) within 72 hours of the initial police
contact for the purpose of offering the services listed in this Section. The YWCA
agrees to telephone the Yakima Police Department daily to receive an updated
list of victims to contact.
b. 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.
c. Conduct a variety of education and training for shelter residents,
such as parenting skills and domestic violence and sexual abuse issues.
d. Facilitate support groups and group meetings.
e. Maintain case files, records, and documentation; maintain accurate
statistics; prepare reports and correspondence as required.
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f. Protect confidentiality of shelter and clients at all times.
g.
Develop local social service resources for appropriate referrals.
h. 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.
i. Provide emotional support to clients during crisis periods; discuss
options and choices with assigned caseload of clients; schedule workday to meet
the needs of clients.
1•
Testify in court as needed.
k. Advocate for legal, service and resource needs of clients; appear in
court as necessary to support clients.
1. Provide alternate and back-up coverage for shelter supervision as
needed.
m. Perform related duties as assigned by Provider YWCA.
2. Advocate Training. Domestic violence advocates working under this
contract shall receive at least 30 hours of initial training, and ongoing training
annually, related to legal advocacy and the provision of services to domestic
violence clients as described in WAC 388-61A-0150-0155. The supervisor of staff
providing services under this contract shall at a minimum possess a Bachelor's
Degree in social psychology, counseling or a closely related field, and experience
in domestic violence and legal advocacy; a Master's Degree is preferred.
3. 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 parties intend 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.
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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. 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 Subsection one a (1a) of this
Agreement.
6. Term. The initial term of this Agreement shall be from January 1, 2004 to
December 31, 2004. The Yakima City Manager may agree to extensions of the
term of this Agreement, on a year-to-year basis, upon the same terms and
conditions herein, subject to the amount of grant fund allocation for each one-
year period.
7. Compensation.
a. 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 January 2004 to the date of the
Agreement, shall be paid as a lump sum upon execution of the Agreement by all
parties.
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b. Payment in the Event of Termination. In the event that either party
terminates this Agreement under Section sixteen (16), YWCA shall be
compensated in accordance with the above terms for all satisfactory services
provided to the City under this Agreement up to the effective termination date.
c. Maintenance of Financial Records/Documents. When requested to
do so by the City representative, YWCA shall make the cost records, accounts
and related financial documents pertaining to this Agreement available for
inspection by City representatives during the term of this Agreement and for a
period of three (3) years following the final payment to YWCA by the City. In
the event that any audit or inspection identifies any discrepancy in such financial
records, YWCA shall provide the City with appropriate clarification and/or
financial adjustments within thirty (30) calendar days of notification of the
discrepancy.
d. Disbursement. The grants tentatively approved in the amounts of
Twenty -Two Thousand Eight Hundred and No/100 Dollars ($22,800.00) for 2004
shall be disbursed upon receipt as follows:
Expenses: 2004
Administrative Support $12,417.58
Salaries: 72 -Hr. Response Advocates 36,442.94
Medical/FICA/Retirement 8,705.24
Printing/Copying Supplies 100.00
Training 152.06
Occupancy 4,369.26
Supplies 100.00
Travel (for trainings) 250.00
Total Expenses $62,537.08
Income 2004
Government Grants $26,837.47
City of Yakima 22,800.00
YWCA of Yakima 12,899.61
Total Revenue $62,537.08
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8. Independent Contractor. The parties understand and expressly 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/services 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 shall make no claim of City employment nor shall claim against
the City any related employment benefits, social security, and/or retirement
benefits. Nothing contained herein shall be interpreted as creating a relationship
of servant, employee, partnership or agency between YWCA and the City. The
YWCA will be solely and entirely responsible for the acts of its agents,
employees, subcontractors, or otherwise, during the performance of this
agreement.
9. Taxes and Assessments. YWCA 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, 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, YWCA shall pay the same before it
becomes due.
10. Nondiscrimination Provision. During the performance of this
Agreement, YWCA 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
Agreement.
111. Compliance With Law. YWCA agrees to perform all work/services
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. No Insurance. It is understood the City does not maintain liability
insurance for YWCA and/or its employees, agents, officers, and subcontractors.
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13. Indemnification and Hold Harmless.
a. YWCA agrees to protect, defend, indemnify, exonerate, and hold
harmless the City, its elected officials, agents, officers, employees from any and
all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including attorneys'
fees and disbursements) resulting from YWCA's performance and/or
nonperformance of this Agreement.
b. In the event both YWCA and the City are negligent, YWCA's
liability for indemnification of the City shall be limited to the contributory
negligence for any resulting suits, actions, claims, liability, damages, judgments,
costs, and expenses (including reasonable attorney's fees) that can be
apportioned to YWCA, its officers, employees, agents, and/or subcontractors.
c. Nothing contained in this Section or this Agreement shall be
construed to create a liability or a right of indemnification in any third party.
14. Delegation of Professional Services. The services provided for herein
shall be performed by YWCA, and no person other than regular associates or
employees of YWCA shall be engaged upon such work or services except upon
written approval of the City.
15. No Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by YWCA 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 YWCA stated
herein.
16. Termination. Either party may terminate this Agreement, with or
without cause, upon thirty (30) days written notice to the other party. This
Agreement shall terminate immediately and without notice should the grant
monies which fund the City's contribution be terminated or reduced by the
passage of a referendum or otherwise. Upon such termination all obligations not
already performed under this Agreement shall cease immediately and this
Agreement shall be void and have no further effect.
17. No Conflict of Interest. YWCA 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
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Agreement. YWCA further covenants that it will not hire anyone or any entity
having such a conflict of interest during the performance of this Agreement.
18. Non -Waiver. The waiver of either the City or YWCA of the breach of any
provision of this Agreement by the other party shall not operate and/or be
construed as a wavier of any subsequent breach by either party or prevent either
party thereafter enforcing such provision.
19. 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.
20. Survival. Any provision of this Agreement which imposes an obligation
after termination or expiration of this Agreement shall survive the term or
expiration of this Agreement and shall be binding on the parties to this
Agreement.
21. 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.
22. Notices. Unless stated otherwise herein, all notices and demands shall be
in writing and sent to the parties to their addresses as follows:
TO CITY:
TO YWCA:
Richard A. Zais, Jr., City Manager
Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
Melinda Barrett
Executive Director
YWCA of Yakima
15 N. Naches
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid, or hand delivered. Such notices shall be deemed effective when mailed
or hand delivered at the addresses specified above.
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23. 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.
24. 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.
DATED this 744" day of July, 2004.
CITY OF YAKIMA
By:
R/A. Zais, Jr., City M
129 North Second Street
Yakima, WA 98901
ATTEST:
City Clerk
City Contract No. .200.5/-1 0
Resolution No. /i -0.700 Y 9 f
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YWCA, a private non-profit agency
By:
/1�1
elinda Barrett, Executive Director
15 North Naches Avenue
Yakima, WA 98901
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 413
For Meeting of July 6, 2004
ITEM TITLE: A Resolution authorizing the City Manager of the City of Yakima to
execute an agreement with the YWCA as the provider of services for a domestic
violence victim's advocate.
SUBMITTED BY: Cynthia I. Martinez, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Cynthia I. Martinez, 575-6033
SUMMARY EXPLANATION: The YWCA administers a domestic violence advocacy
program. The attached contract authorizes $22,800.00 for 2004 to be used for this
program. This amount represents the grant funds that the City will receive for this
purpose.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source DCTELD-Gant in General Fund
APPROVED FOR SUBMITTAL._. 2 % \N City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2004-98.
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