HomeMy WebLinkAbout01/16/2018 08 Washington Fruit Community Center Programming and Activities Agreement with Yakima Police Athletic LeagueBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 8.
For Meeting of: January 16, 2018
ITEM TITLE: Resolution authorizing an agreement with Yakima Police Athletic
League to provide evidence based programming and activities for
2018 at the Washington Fruit Community Center
SUBMITTED BY: Cliff Moore, City Manager
SUMMARY EXPLANATION:
In November 2009, the Yakima City Council voted to direct staff to develop a Gang Free
Initiative (G F I) or a comprehensive long term action plan for the prevention and intervention of
criminal street gangs based on the Office of Juvenile and Delinquency Prevention Model Plan.
The City, at the direction of the City Council, requested proposals under RFP No. 11221 for the
GFI Youth and Family Development Programming. Since that time, the Yakima Police Athletic
League (YPAL) has provided programming and/or activities at the Washington Fruit Community
Center. The current one-year contract is $110,000, the same amount as the contract the past 2
years, and the services provided and deliverables in Addendum #1 have been expanded with
additional detail. This agreement would continue YPAL services during 2018 at the Washington
Fruit Community Center.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
City Manager
Description Upload Date
D resdution 1/42018
D 2018 YPAL Professional Senkes Agreement 12/18/2017
Type
Cover Memo
Cor Memo
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A RESOLUTION
RESOLUTION NO. R-2018-
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authorizing agreement with Yakima Police Athletic League to provide
evidence based programming and/or activities in conjunction with the
Yakima Gang Free Initiative Youth and Family Development Center.
WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a
Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and
intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency
Prevention Model Plan; and
WHEREAS, the City at the direction of the City Council requested proposals under RFP
No. 11221 for the GFI Youth and Family Development Programming to accomplish certain goals
of the Yakima GFI; and
WHEREAS, for several years the Yakima Police Athletic League, a nonprofit organization,
has provided and/or activities at the location of the Washington Fruit Community Center, 602
North 4th Street, Yakima, Washington 98901; and
WHEREAS, the current Agreement for the Yakima Police Athletic League to provide
services in a one-year contract which expired December 31, 2017 (City Contract No 2016-261):
City Resolution No R-2016-164; and
WHEREAS, the Yakima Police Athletic League has the desired qualifications to provide
the services; and
WHEREAS, it is desire of both the City of Yakima and the Yakima Police Athletic League
to continue providing services at the Washington Fruit Community Center; and
WHEREAS, the Yakima City Council finds it to be in the best interest of the City to direct
the City Manager to execute the Agreement with Yakima Police Athletic League to provide
programming and/or activities at the Washington Fruit Community Center; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council authorizes the and directs the City Manager to execute the
attached Agreement with Yakima Police Athletic League (YPAL) for 2018 for YPAL to provide the
evidence based programming and/or activities at the Washington Fruit Community Center.
ADOPTED BY THE CITY COUNCIL this 16th day of January, 2018.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
YAKIMA POLICE ATHLETIC LEAGUE
This AGREEMENT is made and entered into by and between the CITY OF YAKIMA,
Washington, a municipal corporation, located at 129 North 2nd Street, Yakima, WA 98901
(hereinafter referred to as CITY), and YAKIMA POLICE ATHLETIC LEAGUE, a non-profit
corporation, which is located at the Washington Fruit Community Center, 602 North 4th Street,
Yakima, WA 98901 (hereinafter referred to as CONTRACTOR).
WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop
a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and
intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency
Prevention Model Plan; and
WHEREAS, the City of Yakima at the direction of the City Council requested proposals
under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish
certain goals of the Yakima GFI; and
WHEREAS, the Yakima Police Athletic League has performed and will continue to
perform the majority of its services at the Washington Fruit Community Center, 602 North Fourth
Street, Yakima, Washington 98901, which building is owned by the City; and
WHEREAS, YAKIMA POLICE ATHLETIC LEAGUE, a Washington State non-profit
corporation, experienced in Youth and Family Development Programming, had the desired
qualification to provide these services; and
WHEREAS, the services with youth that are provided by the YAKIMA POLICE
ATHLETIC LEAGUE provide a benefit to the residents of the City, and it is in the interests of
the City that the services of YPAL be continued in 2018; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements set forth herein, it is agreed by and between the City and YAKIMA POLICE
ATHLETIC LEAGUE as follows:
1. Some of Services. The CONTRACTOR agrees to perform these services and work
for the CITY in accordance with and as described in the following:
A. RFP documents No. 11221, incorporated herein by this reference; and
B. Contractor Proposal submitted in response to RFP No.11221, and dated September 20,
2012, incorporated herein by this reference; and
C. Addendum #1 to this Agreement, "Description of Services," attached hereto and
incorporated herein by this reference.
D. Regularly communicate with the City Manager to assure mutual understanding of the work
to be performed and the satisfactory completion thereof.
E. Background Screening for Contractor and associates: Contractor shall submit a current
list of names, and assignments of all employees and volunteers who will perform work
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under this contract. Each employee and volunteer performing work under this contract
will also be required to complete a criminal background check. There will be no
exceptions and no substitutions of personnel without prior approved background
clearance checks. All Contractor personnel shall pass a WATCH background check.
Background checks will be conducted by the Contractor, at no cost to the City.
Background checks from other sources are not acceptable. Background checks must be
provided to the City.
Current City employees who have previously undergone a City background check shall
not be required to be re -checked.
All Contractor and sub -contractor employees working on this Contract must be clear of
any sexual and drug related convictions. All Contractor and sub -contractor employees
shall be free from any felony convictions.
Throughout the life of the contract, the City reserves the right to request updated
background checks or to have them completed again.
F. Changes in the employment and volunteer list shall be reported to the City Manager no
less than five (5) business days before the requested changes are to become effective.
2. Term of Agreement. The term of this agreement shall be deemed commenced January 1,
2018 upon execution by both parties and shall terminate upon the completion of all services
required hereunder by the CONTRACTOR, but no later than December 31, 2018 unless
terminated earlier by the CITY in accordance with Section 11 of this Agreement, or in the event
of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.).
3. Consideration. As consideration for the services performed under this Agreement, the
CITY agrees to compensate the CONTRACTOR in accord with the following terms:
A. In consideration of the obligation of the CONTRACTOR to perform in accordance with
the contract the CITY will transfer One Hundred Ten Thousand Dollars ($110,000) to the
CONTRACTOR for the work as set forth in the RFP documents at the time and in the
manner and upon the conditions provided.
B. CONTRACTOR shall invoice CITY monthly in arrears for services performed under this
Contract. The CONTRACTOR shall submit a monthly invoice no later than the 20th day
of the month following the month in which the invoiced services were performed. The
invoice shall state the deliverables completed during the invoiced month. The amount of
the invoice shall be for one -twelfth of the annual Contract Amount for the current Contract
year.
Invoice shall be sent to: City of Yakima, ATTN: City Manager, 129 N. Second Street,
Yakima, WA 98901. CITY will reimburse the CONTRACTOR within thirty (30) days of
receipt of a valid invoice for the amount of payment due, if satisfactory services were
performed by CONTRACTOR pursuant to the terms of this Agreement. CITY shall return
any invalid or incomplete invoice to the CONTRACTOR within thirty (30) days after CITY
receives the invoice. An explanation will accompany the invoice that states the reason
for return and any information needed to correct the invoice. Final invoices for services
provided under this agreement shall be submitted by the CONTRACTOR no later than
ninety (90) days following the termination of the agreement.
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4. Monthly Reports by YPAL. YPAL will submit thorough written monthly reports to the City
of Yakima, ATTN: City Manager, 129 N. Second Street, Yakima, WA 98901. The reports will be
submitted to the City no later than the 20th day of the month following the month in which the
services were performed. The reports should include a detailed accounting of the services
performed relating to each objective of Addendum No. 1 to this Agreement.
5. Independent Contractor.
A. No agency, employment, joint venture or partnership has been or will be created between
the parties hereto pursuant to the terms and conditions of this agreement. Although CITY
is interested in the CONTRACTOR's work and end product, CITY does not control the
manner in which the CONTRACTOR performs this agreement. CITY is not liable for
workers' compensation or unemployment compensation payments required by the State
of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities
that result from compensation paid to the CONTRACTOR by CITY. CITY will report any
payment made under this agreement to the Internal Revenue Service on Form 1099.
B. No provision contained in this agreement shall be construed as entitling the
CONTRACTOR to participate in hospital plans, medical plans, sick leave benefits,
vacation, and other benefits available to employees of CITY.
C. CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to
conduct business in Washington have been obtained and are operative. If at any time
during the agreement period the CONTRACTOR becomes disqualified from conducting
business in Washington, for whatever reason, the CONTRACTOR shall immediately
notify CITY of the disqualification.
D. CONTRACTOR shall neither perform work nor submit an invoice for payment for work
performed under this agreement for any time period after the termination date set forth
in Section 2, above.
E. CONTRACTOR shall furnish its own support staff and services as necessary for the
satisfactory performance of the work described in Section 1 above and in Addendum No.
1. Unless otherwise specified in this agreement, CITY will not provide any other staff,
services, or material to the CONTRACTOR for the purpose of assisting the
CONTRACTOR in the performance of this agreement.
6. Hold Harmless and Indemnification.
A. CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY OF
YAKIMA, its elected and appointed 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, personal harm or bodily injury
to any person or damage or destruction to the CITY or a third party or third parties to the
extent caused by any negligent act and/or omission of CONTRACTOR, its officers,
employees, agents, volunteers and/or subcontractors, arising out of the performance of
this Contract.
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B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, 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, personal harm 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 CITY, its officers, employees, agents, volunteers and/or
subcontractors, arising out of the performance of this Contract.
C. Nothing contained in this Section or this Contract shall be construed to create a liability
or a right of indemnification in any third party.
7. Insurance. At all times during performance of the Services, CONTRACTOR shall secure
and maintain in effect insurance to protect the CITY and CONTRACTOR from and against all
claims, damages, losses, and expenses arising out of or resulting from the performance of this
Contract. CONTRACTOR 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.
A. Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of
liability insurance and umbrella liability insurance with a total minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage, and Two Million Dollars ($2,000,000.00) 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 OF YAKIMA,
its elected and appointed officials, officers, agents, employees, and volunteers as
additional insureds, and shall contain a clause that the CONTRACTOR will not cancel
or change the insurance without first giving the CITY prior written notice. 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, or an approved surplus lines company.
B. Automobile Liability Insurance.
i. If CONTRACTOR owns any vehicles, before this Contract is fully executed by the
parties, CONTRACTOR shall provide the CITY with a certificate of insurance as
proof of automobile liability insurance and umbrella liability insurance with a total
minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence
combined single limit bodily injury and property damage. Automobile liability will
apply to "Any Auto" and be shown on the certificate. The policy shall name the CITY
OF YAKIMA, its elected and appointed officials, officers, agents, employees, and
volunteers as additional insureds, and shall contain a clause that the
CONTRACTOR will not cancel or change the insurance without first giving the CITY
prior written notice.
ii. If CONTRACTOR does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may added to the liability coverage at the
same limits as required in that section of this Contract, which is Section 6.A entitled
"Commercial General Liability Insurance".
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iii. Under either situation described in this Section, the required certificate of insurance
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
and appointed officials, officers, agents, employees, and volunteers as additional
insureds, and shall contain a clause that the CONTRACTOR will not cancel or
change the insurance without first giving the CITY prior written notice. 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, or an approved surplus
lines company.
C. Directors and Officers Liability Coverage. Before this Contract is fully executed by
the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as
proof of directors and officers liability coverage with a total minimum liability limit of Two
Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) 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 contain a clause that the CONTRACTOR will
not cancel or change the insurance without first giving the CITY prior written notice. 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, or an approved surplus lines
company. If the policy is written on a claims made basis the coverage will continue in
force for an additional two years after the completion of this contract.
D. Subcontractors Must Carry Liability Insurance. YPAL shall require that all
subcontractors it enters into agreements with shall maintain and provide proof of liability
insurance in accordance with subsection 7A and B, including but not limited to the same
level of coverage and naming the City, its elected and appointed officials, officers, agents,
employees, and volunteers as additional insureds. 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, or an approved surplus lines company.
8. Conflict of Interest and Ethics Laws.
A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer,
member or employee of the CONTRACTOR has interest, personal or otherwise, direct
or indirect, which is incompatible or in conflict with or would compromise in any manner
or degree with the discharge and fulfillment of his or her functions and responsibilities
under this agreement.
B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR
shall, prior to the completion of such work and payment for such work, acquire any
interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with
or would compromise in any manner or degree with the discharge and fulfillment of his
or her functions and responsibilities with respect to the carrying out of such work.
C. The CONTRACTOR shall not promise or give to any CITY employee anything of value
that is of such character as to manifest a substantial and improper influence upon the
employee with respect to his or her duties. The CONTRACTOR shall not solicit a CITY
employee to violate any CITY rule or policy relating to the conduct of contracting parties.
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D. Nondiscrimination. During the performance of the Agreement, the CONTRACTOR
shall not discriminate in violation of any applicable federal state, and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital
status, disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, and any other classification protected under federal, state, or local law. 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.
E. The Americans with Disabilities Act. CONTRACTOR shall comply with the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its
implementing regulations and Washington State's anti -discrimination law as contained
in RCW Chapter 49.60 and its implementing regulations with regard to the activities and
services provided pursuant to this Agreement. The ADA provides comprehensive civil
rights to individuals with disabilities in the area of employment, public accommodations,
public transportation, state and local government services and telecommunications.
F. Compliance with Laws. The CONTRACTOR shall comply with all applicable federal,
state and local laws, rules and regulations in performing this Agreement.
G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any Federal department or agency (debarred). The
CONTRACTOR shall immediately notify the CITY if during the term of the agreement it
becomes debarred. In the event of such debarment, the CITY may immediately
terminate this Agreement by giving written notice to CONTRACTOR.
9. Records, Documents, and Information. All records, documents, writings or other
information produced or used by the CONTRACTOR in the performance of this agreement shall
be treated according to the following terms:
A. Public Records Act. CITY is required by law to comply with the Washington State
Public Records Act (PRA), Chapter 42.56 RCW. All records relating to CONTRACTOR'S
services must be made available to the City, and also produced to third parties, if required
pursuant to the Washington Public Records Act, Chapter 42.56 RCW or by law. All
determinations of records subject to release under the PRA, or otherwise required by
law, shall be at the sole discretion of the CITY. This agreement and all public records
associated with this agreement shall be available from the City for inspection and copying
by the public where required by the Public Records Act, Chapter 42.56 RCW. To the
extent that public records then in the custody of the CONTRACTOR are needed for the
CITY to respond to a request under the Public Records Act, as determined by the CITY,
the CONTRACTOR agrees to make them promptly available to the CITY. If the
CONTRACTOR considers any portion of any records provided to the CITY under this
agreement whether in electronic or hard copy form, to be protected from disclosure under
law, the CONTRACTOR shall clearly identify any specific information that it claims to be
confidential or proprietary. If the CITY receives a request under the Public Records Act
to inspect or copy the information so identified by the CONTRACTOR and the City
determines that release of the information is required by the Public Records Act or
otherwise appropriate, the CITY'S sole obligations shall be to notify the CONTRACTOR
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(a) of the request and (b) of the date that such information will be released to the
requester unless the CONTRACTOR obtains a court order to enjoin that disclosure
pursuant to RCW 42.56.450. If the CONTRACTOR fails to timely obtain a court order
enjoining disclosure, the CITY will release the requested information on the date
specified. The City has, and by this section assumes, no obligation on behalf of the
CONTRACTOR to claim any exemption for disclosure under the Public Records Act.
The CITY shall not be liable to the CONTRACTOR for releasing records not clearly
identified by the CONTRACTOR as confidential or proprietary. The CITY shall not be
liable to the CONTRACTOR for any records that the CITY releases in compliance with
the Public Records Act, this section, or in compliance with an order of a court of
competent jurisdiction.
B. CONTRACTOR shall promptly furnish the CITY with such information and records which
are related to the services of this agreement as may be requested by the CITY. Until the
expiration of three (3) years after final payment of the compensation payable under this
agreement, or for a longer period if required by the Washington State Local Government
Common Records Retention Schedule ("CORE") of the Office of the Secretary of State,
Washington State Archives, CONTRACTOR shall retain and provide the CITY access to
(and the CITY shall have the right to examine, audit and copy) all of CONTRACTOR'S
books, papers and records which are related to the services performed by
CONTRACTOR under this agreement.
C. All CITY information which, under the laws of the State of Washington, is classified as
public or private, will be treated as such by the CONTRACTOR. Where there is a
question as to whether information is public or private, CITY shall make the final
determination. CONTRACTOR shall not use any information, systems, or records made
available to it for any purpose other than to fulfill the agreement duties specified herein.
CONTRACTOR agrees to be bound by the same standards of confidentiality that apply
to the employees of CITY and the State of Washington. The terms of this section shall
be included in any subcontracts executed by the CONTRACTOR for work under this
agreement.
D. All proprietary information of the CONTRACTOR, if any, shall be held to be strictly
confidential by CITY. Proprietary information is information which, if made public, would
put the CONTRACTOR at a disadvantage in the market place and trade of which the
CONTRACTOR is a part. CONTRACTOR is responsible for notifying CITY of the nature
of the information prior to its release to CITY. CITY reserves the right to require
reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any
information to be provided.
E. All records relating to costs, work performed and supporting documentation for invoices
submitted to CITY by the CONTRACTOR shall be retained and made available by the
CONTRACTOR for audit by the State of Washington (including but not limited to CITY,
the Auditor of the State of Washington, the Inspector General or duly authorized law
enforcement officials) and agencies of the United States government for a minimum of
three years after payment for work performed under this agreement or for a longer period
if required by the Washington State Local Government Common Records Retention
Schedule ("CORE") of the Office of the Secretary of State, Washington State Archives.
If an audit, litigation, or other action is initiated during this time period, the
CONTRACTOR shall retain such records until the action is concluded and all issues
resolved or the three years end, whichever is later.
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10. Rights in Deliverables. Data and Copyrights. The Deliverables provided by the
CONTRACTOR under Section 1 and Addendum No. 1 and any item produced under this
agreement, including any documents, data, photographs and negatives, electronic reports,
records, software, source code, or other media, shall become the property of CITY which shall
have an unrestricted right to reproduce, distribute, modify, maintain, and use the Deliverables.
The CONTRACTOR shall not obtain copyright, patent, or other proprietary protection for the
Deliverables. The CONTRACTOR shall not include in any Deliverable any copyrighted matter,
unless the copyright owner gives prior written approval to use such copyrighted matter.
11. Suspension and Termination.
A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of
termination, terminate this Agreement as to all or any portion of the Services not then
performed, whether or not CONTRACTOR is in breach or default, and with or without
cause. Upon receipt of any such notice of termination, the CONTRACTOR shall, except
as otherwise directed by the City, immediately stop performance of the Services to the
extent specified in such notice. CONTRACTOR shall have the same termination rights
as the City as specified in Section 11.
B. In the event of termination pursuant to section 11A, the CONTRACTOR shall take all
necessary or appropriate steps to limit disbursements and minimize costs, and furnish a
report, as of the date of receipt of notice of suspension or termination describing the
status of all work under this agreement, including without limitation, results
accomplished, conclusions resulting therefrom, and such other matters as CITY may
require.
In the event of suspension or termination under this Article, the CONTRACTOR shall be
entitled to compensation, upon submission of a proper invoice, for the work performed
prior to receipt of notice of termination or suspension, which shall be calculated by CITY
based on the rate set forth in Section 3. CITY shall not be liable for any further claims,
and the claims submitted by the CONTRACTOR shall not exceed the total amount of
compensation allowed by this agreement.
C. If the City purports to terminate or cancel all or any part of this Agreement for
CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default
which would permit termination or cancellation, such termination or cancellation shall be
deemed to have been a termination by the City pursuant to paragraph 11A and the rights
of the parties shall be determined accordingly.
12. Breach or Default.
A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of
this Agreement, shall be brought to the attention of the CITY at the earliest possible time
in order that such matters may be settled or other appropriate action promptly taken. Any
dispute relating to the quality or acceptability of performance and/or compensation due
the CONTRACTOR shall be decided by the CITY's Agreement Representative or
designee. All rulings, orders, instructions and decisions of the CITY's Agreement
Representative shall be final and conclusive, subject to the CONTRACTOR's right to
seek judicial relief pursuant to this Section.
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B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations or
duties embodied in this agreement, CITY may exercise all administrative, contractual,
equitable or legal remedies available, without limitation. The waiver of any occurrence
of breach or default is not a waiver of subsequent occurrences, and CITY retains the
right to exercise all remedies hereinabove mentioned.
If CITY or the CONTRACTOR fails to perform an obligation or obligations under this
agreement and thereafter such failure is waived by the other party, such waiver shall be
limited to the particular failure so waived and shall not be deemed to waive other failures
hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the
CITY contract manager.
C. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall
be instituted and maintained only in any of the courts of competent jurisdiction in the
COUNTY OF YAKIMA, Washington.
13. Office of Juvenile Justice and Delinquency Prevention ("OJJDP") Programs. YPAL
acknowledges and understands that U.S. Department of Justice Office of Juvenile Justice and
Delinquency Prevention ("OJJDP") evidence -based programs promote the healthy development
and wellbeing of children and youth, including through the elimination of violence and
victimization. YPAL will ensure and confirm in writing that a substantial amount of the programs
it offers for youth and the community are consistent with the programs listed by the U.S.
Department of Justice Office of Juvenile Justice and Delinquency Prevention.
14 Amendments. This writing constitutes the entire agreement between the parties with
respect to all matters herein. This agreement may be amended only by a writing signed by both
parties. However, it is agreed by the parties that any amendments to laws or regulations cited
herein will result in the correlative modification of this agreement, without the necessity for
executing written amendments. Any written amendments to this agreement shall be prospective
in nature. When a new or different term or condition is added, additional consideration is not
necessary to bind the parties.
15. Assignment. The CONTRACTOR shall not assign any interest (including subcontracts)
in this agreement and shall not transfer any interest in the same (whether by assignment or
novation) without the prior written approval of CITY. Any such assignments or subcontracts
shall be submitted for CITY's review ninety (90) days prior to the desired effective date.
Approval by CITY shall not be deemed to increase in any manner the total compensation
provided for in this agreement.
16. Drug Free Workplace. The CONTRACTOR shall comply with all applicable state and
federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR
shall make a good faith effort to ensure that all employees of the CONTRACTOR do not
purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription
drugs in any way while working on state, county, or municipal property.
17. Construction. This agreement shall be governed, construed and enforced in accordance
with the laws of the State of Washington. Should any portion of this agreement be found
unenforceable by operation of statute or by administrative or judicial decision, the enforceability
of the balance of this agreement shall not be affected thereby, provided that the absence of the
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unenforceable provision does not render the performance of the remainder of the agreement
impossible.
18. Written Notices. All written notices required by this Agreement shall be in writing and
deemed received if personally delivered or sent by United States mail, registered or certified,
return receipt requested, postage pre -paid, to the addresses set forth hereunder or to such other
addresses designated in writing by any of the parties in accordance with this provision.
In case of CITY, to:
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
In case of CONTRACTOR, to:
Ed Shoenbach
Board President
602 North Fourth Street
Yakima, WA 98901
19. 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.
IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above.
CITY OF YAKIMA YAKIMA POLICE ATHLETIC LEAGUE
By: By:
Cliff Moore, City Manager
DATE:
ATTEST:
By:
City Clerk
Contract No. 2018 -
Resolution No. R -2018 -
Professional Services Agreement Between
City of Yakima and YPAL - Page 10
Ed Shoenbach, Board President
DATE:
14
Addendum No. 1 to Professional Services Agreement between the
City of Yakima and the Yakima Police Athletic League
Yakima Police Athletic League
Description of Services
PROGRAMMING OBJECTIVES: POSITIVE YOUTH DEVELOPMENT, GENERAL
OUTREACH AND TARGETED OUTREACH, COMMUNITY SERVICES
I. OBJECTIVES
Objective 1: Youth Development Center at the Washington Fruit Community
Center
Project activities will take place within the context of a Youth Development Center
located at the Washington Fruit Community Center at 602 North Fourth Street, Yakima,
Washington 98901, that is managed by YPAL and supported by local stakeholders and those
YPAL will work with, such as Heritage University, Farm Workers Clinic, University Extension
and the Yakima School District.
The project will engage approximately 200 youth in services designed to mitigate the
effects of the environmental influences that inhibit the ability to thrive in a school or home
environment. Project strategies include outreach additional curriculum -based life skills
training, academic support and instruction aimed at improving school success, and
positive youth development programs including increased mentoring opportunities, culinary
arts, wrestling and boxing for up to 60 youth. Case management including home visits, referral
and family advocacy services provided through YPAL partners is reserved for up to 20 of the
highest risk youth and their families.
YPAL will utilize a Youth Services Coordinator ("YSC") to conduct targeted outreach
and provide service coordination. The YSC will work collaboratively with school district
representatives, law enforcement and other community-based organizations to identify
potential program participants, construct Individualized Service Plans ("ISP") for each
participant and coordinate the implementation of the ISP over the project period. The Intake
protocols, in place at YPAL, will include orientation by staff with the participant and
parent/guardian. The orientation process includes obtaining required participant information
and parental authorizations. The orientation process will be enhanced by other diagnostic and
screening tools administered by YPAL's partners to focus the case management ISP on the
candidate's needs. Volunteers, coaches and other mentors may also refer youth and their
families, whenever unmet needs or expressed problems are discovered during interactions with
our members.
Objective 2: Life Skills Classes for Youth
YPAL shall ensure that life skills classes continue throughout the school year. Each
class will consist of no less than 5 and no more than 10 participants with priority given to youth
receiving case management. Life skills is curriculum -based with eleven (11) 45-50 minute
sessions. Beginning in January 2018, life skills classes will be offered at local elementary,
middle and high schools and at YPAL.
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Participants will have an opportunity to make up a missed session with individual study at the
Youth Development Center ("YDC").
Objective 3: Positive Youth Development Program
The Positive Youth Development ("PYD") program opportunities (mentoring, culinary
arts, and fitness classes) will begin on or around the first week of February, 2018, and will begin
by no later than February 15, 2018.
a. Culinary Arts Program
The culinary arts program, Urban Kitchen, follows a 90 -day lesson plan with lessons
occurring twice weekly for 60 — 90 minutes each. The program is unique in design as it splits
the program into 3 phases with the first phase the youth are taught food preparation and safe
handling skills and basic culinary skills in that phase they will earn their food handlers card. The
second phase teaches the business side of managing a restaurant and includes quest speakers
form the community to include local small business owners. The third phase they begin
preparation and planning for the 3 day pop-up restaurant. PYD classes are led by skilled
instructors with experience teaching content to children and youth.
Classes will consist of no more than 15 participants per cohort. During that time the
youth will be taught by 2 master chefs and a group of volunteers that have been chose because
of their skills and knowledge of the culinary arts, all which will have completed background
checks.
b. Mentoring Program
The mentoring program will be phased in as volunteers and participant numbers
increase. Also, the YPAL Achievers will be trained over a two-month period on the many facets
of being a successful mentor. During 2018, YPAL will increase the number of
volunteers/mentors to sustain a minimum of 40 mentor/mentee matches. The volunteers will be
supervised and evaluated (including criminal history background checks) by an assigned staff
member. The monitoring of volunteers is an important task to highlight training needs and the
kind of support needed to succeed.
c. Fitness Classes
In efforts to combat against childhood obesity and the potential life-long chronic
illnesses caused by it, YPAL has forged a partnership with Virginia Mason along with their
partnership with Kohl's and will begin the Kid's Get -Fit with Kohl's Healthy for Life program.
This program will serve youth 10 and over interested in improving fitness and healthy lifestyle
habits. Participants will be immersed in a variety of fast paced exercise and drills, not only in
the more traditional physical education style but also in movement and strength based
"gameplay". The class will be offered on Saturday's from 10:30-11:30 and beginning January
2018 and running throughout the year.
Objective 4: Physical Activities for Youth (Wrestling and Boxing)
Wrestling and boxing are seasonal activities operating for a period of 22 consecutive
weeks and made available to a minimum of 60 project participants. Certified volunteer coaches
will provide basic developmentally appropriate instruction in each sport. Both sports
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City of Yakima and YPAL - Page 12
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opportunities will emphasize the importance of sportsmanship both in and outside the "ring."
The project will provide all the necessary safety equipment at no cost to the participant. While
in season, "practice" will take place at least twice weekly for a period of 50 minutes.
Objective 5: YPAL Staff
Maintain a minimum of three full-time equivalent staff or volunteer positions to deliver
Targeted and General Outreach as described in other Objectives pursuant to the description of
services in this Addendum No. 1 to the Agreement.
Objective 6: Youth Services Coordinator
The primary service component involves the utilization of a Youth Services Coordinator
("YSC") to conduct outreach and activities which are both prevention and intervention in nature.
The YSC will also deliver the life skills curriculum. The focus of the outreach services is to
increase awareness of the project, youth problem behaviors and how to avoid them. Screening
is intended to link participants to appropriate prevention/intervention services both internal and
throughout our partnership network. Targeted outreach will be established to identify highest
risk youth. PYD activities such as recreation and culinary arts will be carefully integrated with
existing and new prevention services not to become a primary focus, but rather a means to
build relationships with clients and provide access to essential resources and services. The
YSC will also collect vital information necessary for the development of Individualized Service
Plans ("ISP") for each of the 30 participants. YSC will include the following routine tasks:
a. Identify participant needs and goals to aid in the development of a
comprehensive intervention plan -ISP.
b. Coach and provide role models/mentors for each participant.
c. Coordinate appropriate crisis responses to participants following episodes
of violence.
d. Provide assistance to families in distress, ranging from accessing
alcohol/drug/mental health services to helping resolve family conflicts with
appropriate referrals.
e. Visit participants who become incarcerated during the project period and
helping to reconnect them to services when they are released from custody.
f. Resolve conflicts and/or mediating between participant, families, peers,
and/or agencies.
g. Act as a liaison between participant and service providers/schools to
facilitate participant access to services.
h. Work with clients who are seeking employment; from helping develop
resumes to identifying their skills and qualifications to helping participants
apply for jobs or work with workforce services programs.
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Objective 7: Violence Prevention Project
The life skills curriculum, the Violence Prevention Project ("VPP"), is a prevention
program whose aim is to prevent violence by enhancing the conflict -resolution skills of both
male and female in elementary, middle and high school students. This is accomplished primarily
by working on participant communication and relationship -building skills. VPP's other goals are
to address the social setting in which violence occurs and to improve academic performance.
Participants' tolerance for aggression and violence is lowered by targeting the environment and
teaching students about group dynamics. Academic performance is improved by building
students' self-concept and working on goal setting.
Objective 8: Academic Support and Training
Academic Support [Tutoring] is an intervention providing academic and nonacademic
development for the 30 high risk participants in support of their school reintegration and
completion needs. Daily tutoring sessions will be available each day of YDC operation
throughout the academic year.
Objective 9: Grant Applications by YPAL and Donations Requested by YPAL.
YPAL will apply for and submit a minimum of three grant applications during the term of
this contract. YPAL acknowledges and understands that it is important for YPAL to commit to
receiving as much outside funding as possible, including but not limited to private donations
and submitting grant applications. By having programs that are consistent with Office of
Juvenile Justice and Delinquency Prevention ("OJJDP") criteria, YPAL understands it may
assist with obtaining funding from some federal, state, and/or local sources.
II. DELIVERABLES
The following program deliverables/objectives apply to the City of Yakima Professional Services
Agreement:
Deliverable 1: Establish cooperative agreement with local elementary, middle, and high schools
to conduct outreach and deliver life skills education.
Deliverable 2: Conduct targeted outreach to 200 youth.
Deliverable 3: Conduct assessment and orientation to 60 youth.
Deliverable 4: Develop Individualized Service Plan for 20 high-risk youth.
Deliverable 5: Provide case management services to 20 high-risk youth.
Deliverable 6: Provide tutoring services to 60 at -risk youth.
Deliverable 7: Deliver life skills education (VPP) to 60 youth.
Deliverable 8: Assign mentors/volunteers to be available for a minimum of 40 matches.
Deliverable 9: Deliver culinary arts instruction to 60 youth.
Deliverable 10: Deliver developmental wrestling instruction to 60 youth.
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Deliverable 11: Deliver developmental boxing instruction to 20 youth.
Deliverable 12: Provide adult educational seminars in preparation for continued education
through partnership agency.
Deliverable 13: Provide weekly, on-site alcohol/drug counseling/evaluation services through
partnership agency.
Deliverable 14: YPAL will provide Kid's Get -Fit classes on Saturdays for 60 minutes
Heritage University will bring representatives from CAMP (College Assistance of Migrants
Program) and financial aid information that will educate both the student and parent about
grants, scholarships and loans that will help pay for their college education. A minimum of one
panel will be hosted each quarter.
The following work plan represents the timeline for achieving each of the project objectives
listed above:
Deliverable
Activity
Completion Date
Deliverable 1
Establish cooperative agreement with local schools.
January, 2018
Deliverable 2
Conduct outreach to 200 at -risk youth.
*average at least 50 per quarter.
January, March,
May, October
Deliverable 3
Conduct assessment and orientation of 60 youth.
*average at least 15 per quarter.
Ongoing
Deliverable 4
Develop ISP for 20 high-risk youth.
Ongoing
Deliverable 5
Provide continuous case management to 20 high-risk
youth.
Ongoing
Deliverable 6
Provide tutoring services to 60 youth.
Ongoing
Deliverable 7
Deliver life skills education to 60 youth.
*average 20 completions per quarter
Ongoing
Deliverable 8
Assign mentors/volunteers to be available for each
program. This is in addition to coaches and teachers.
February, 2018
then ongoing.
Deliverable 9
Deliver culinary arts instruction to 60 at -risk youth.
*average 20 per quarter.
Ongoing
Deliverable 10
Deliver developmental wrestling instruction to 60 at-
risk youth.
Ongoing
Deliverable 11
Deliver developmental boxing instruction to 30 at -risk
youth.
Ongoing
Deliverable 12
Outreach programs will be provided by Heritage
University and Juvenile Justice with diversion involved
youth
January, 2018
through May 2018
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City of Yakima and YPAL - Page 15
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Deliverable
Activity
Completion Date
Deliverable 13
Provide evidence -based alcohol/drug classes to 30
youth for the year.
January, 2018 then
ongoing.
Deliverable 14
YPAL will provide Kid's Get -Fit classes on Saturdays
for 60 minutes
January 2018 then
ongoing
Participation in the services described above will result in the following intended outcomes:
Participation Rate - 80% participation (frequency and duration) rate among all program
components.
Utilization Rate - 50% utilization rate (as measured by 80% participation rate in at least 3
program components.)
Completion Rate - 80% completion rate in life skills (VPP) education
School Attendance - 80% reduction in unexcused absences among participating youth as
measured by attendance records.
Individual Indicators (Youth Survey) - 90% of participating youth will report stronger
commitments to schools, families, and community as measured by self -reports.
The YPAL project is designed to be data driven and outcome focused. The Youth Services
Coordinator will collect, analyze and interpret the performance measures required by this
opportunity. Information to be collected will come from existing data sources such as behavioral
health case management records, juvenile justice records, local law enforcement data, school
achievement records, and routine participation and utilization records. The performance
measures reporting requirements will be the obligation of the Executive Director with assistance
from the Youth Services Coordinator and partnering entities. Information will be collected
monthly to ensure timely adherence to the program requirements. The following mechanisms
and tools will be used to collect the required measures:
a. Participant Intake Forms
b. Outreach Request Forms
c. Kid Traks computerized attendance and participation collecting
d. Academic Records
e. Resource Utilization Reports
f. Participation Reports
g. Satisfaction Surveys
h. Youth Survey
i. Local Crime Reports (when available)
j. Monthly Activity Reports
k. Quarterly Progress Reports
The information collected for measuring performance will be reported in monthly activity reports
and monthly progress reports to the City and delivered to the City Manager. Reports will be in
written format and include key indicators listed above along with narrative describing project
accomplishments, challenges, challenge mitigation strategies and recommendations to ensure
project success in the following periods of performance.
Professional Services Agreement Between
City of Yakima and YPAL - Page 16