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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 2 A RESOLUTION RESOLUTION NO. R-2018- 3 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 4 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 Professional Services Agreement Between City of Yakima and YPAL - Page 1 5 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. Professional Services Agreement Between City of Yakima and YPAL - Page 2 6 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. Professional Services Agreement Between City of Yakima and YPAL - Page 3 7 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". Professional Services Agreement Between City of Yakima and YPAL - Page 4 8 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. Professional Services Agreement Between City of Yakima and YPAL - Page 5 9 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 Professional Services Agreement Between City of Yakima and YPAL - Page 6 10 (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. Professional Services Agreement Between City of Yakima and YPAL - Page 7 11 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. Professional Services Agreement Between City of Yakima and YPAL - Page 8 12 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 Professional Services Agreement Between City of Yakima and YPAL - Page 9 13 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. Professional Services Agreement Between City of Yakima and YPAL - Page 11 15 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 Professional Services Agreement Between City of Yakima and YPAL - Page 12 16 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. Professional Services Agreement Between City of Yakima and YPAL - Page 13 17 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. Professional Services Agreement Between City of Yakima and YPAL - Page 14 18 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 Professional Services Agreement Between City of Yakima and YPAL - Page 15 19 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