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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 Ik:res/YWCA 72 -hour response.cm 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. Page 1 (lk)agr/YWCA 72 -hour response 04.cim 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. Page 2 (1k)agr/YWCA 72 -hour response 04.cim 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. Page 3 (1k)agr/YWCA 72 -hour response 04.cim 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 Page 4 (1k)agr/YWCA 72 -hour response 04.cim 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. Page 5 (Ik)agr/YWCA 72 -hour response 04.cim 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 Page 6 (Ik)agr/YWCA 72 -hour response 04.cim 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. Page 7 (1k)agr/YWCA 72 -hour response 04.cim 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 Page 8 (lk)agr/YWCA 72 -hour response 04.cim 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. (Ik) agenda YWCA 72 -hour response.cim