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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 14.
For Meeting of: March 5, 2019
ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the
Yakima School District and Educational Service District#105 to
provide gang education and prevention measures to youth affiliated
with gang involvement
SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
This Memorandum of Understanding (MOU) is with the Yakima School District, the City of
Yakima, Sageland Mediation, and Educational Service District 105 for the purpose implementing
the Gang Reduction and Intervention Task Force Pilot Project. The project is designed to
provide gang education and prevention measures in Lewis & Clark Middle School (LC MS) and
Franklin Middle School (FMS)to five (5) 6th grade students at each school who are affiliated with
gang involvement, with the ability to add Washington Middle School students if not all slots are
filled with LC MS and FMS students.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR '
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
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RESOLUTION NO. R-2019-
A RESOLUTION authorizing a Memorandum of Understanding with Sageland
Mediation, Yakima School District and ESD 105
WHEREAS, the City of Yakima ("City") previously entered into an agreement with
Sageland Mediation for implementing the Gang Reduction and Intervention Task Force Pilot
project; and
WHEREAS, part of the gang reduction and intervention project involves school-
aged children at Lewis & Clark Middle School, Franklin Middle School, and possibly
Washington Middle School; and
WHEREAS, the City, Sageland Mediation, Yakima School District and ESD 105
need to execute an agreement so that the Intervention Specialist can meet with students
during school hours to gain information on the students and make necessary referrals; and
WHEREAS, the parties have all reviewed the Memorandum of Understanding and
agree with the terms; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
a Memorandum of Understanding between the City, Sageland Mediation, Yakima
School District, and ESD 105 be executed in order to continue developing the pilot project.
ADOPTED BY THE CITY COUNCIL this 5'h day of March, 2019.
ATTEST: Kathy Coffey, Mayor
Sonya Clear Tee, City Clerk
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Memorandum of Understanding
Between
Yakima School District,The City of Yakima,
Sageland Mediation, and ESD 105
Introduction
This Memorandum of Understanding(MOU) is between the Yakima School District,The City of Yakima,
Sageland Mediation,and Educational Service District 105 for the purpose implementing the Gang
Reduction and Intervention Task Force Pilot Project. The project is designed to provide gang education
and prevention measures in Lewis &Clark Middle School (LC MS) and Franklin Middle School (FMS) to
five (5) 6'grade students at each school who are affiliated with gang involvement, with the ability to
add Washington Middle School students if not all slots are filled with LC MS and FMS students.
Operational Procedures
1. Students Served: Five (5) sixth grade students from each participating middle school who are in
danger of becoming or already are involved in gangs will be invited to participate. Student
participation is voluntary.
2. Parent Permission: A parent/guardian must give written permission for their student to
participate in the Pilot Project. The written permission will include permission from the
parent/guardian for the release of student records.
3. Description of Services: Lewis and Clark Middle School, Franklin Middle School,and Washington
Middle School (if applicable) agree to accept the school-day services provided to youth through
the Pilot Program by the Intervention Specialist. During the school day services include one-on-
one and/or group mentoring opportunities with the Intervention Specialist during the
participating students' lunch period, or during other times pre-approved by the school's
principal. The intervention specialist may make referrals to both school and third-party service
providers for the student participants and their families. In addition to school athletics and
activities, the Intervention Specialist may identify opportunities for the student participants and
their families to participate in community activities and opportunities outside of the school day.
4. Consideration to Middle Schools: Middle Schools will receive no compensation or consideration
from the City of Yakima for the services the Intervention Specialist provides to the participating
students during their lunch time. The Intervention Specialist will provide mentoring services at
least two (2) times each week at each school during the participating students' lunch time. The
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Intervention Specialist will not have access to the students during their class time, unless
approved by the school's principal.
5. Consideration to ESD: The Intervention Specialist selected by the City and approved by the
Yakima School District shall be provided an office or cubicle at the ESD 105 office. For purposes
of this Pilot Project, the Yakima School District has approved the City of Yakima's selection of
Gary Garza as the Intervention Specialist. ESD 105 shall provide to the Intervention Specialist a
computer with access to the internet,a landline telephone for making local telephone calls,
general office furniture and equipment. Additionally, the Intervention Specialist shall be
granted access to pertinent data to evaluate youth participating in the Pilot Project's activities,
specifically including, but not limited to,data regarding grades,attendance,absences, discipline
and behavioral data associated with the youth participating in the Pilot Project, if released by
the parent/guardian. Further, the Intervention Specialist shall have the option to train with the
educational advocates and participate in relevant training, meetings,and other functions as
appropriate. Any training that brings the intervention specialist into any school in the YSD must
be pre-arranged with the school principal. In exchange for the office and training opportunities,
the City of Yakima shall pay ESD 105 a total of Two Thousand One Hundred Twelve and
00/100ths Dollars ($2,112.00), which equals 11%of the Intervention Specialist's wages being
paid from February Pt through June 30th, 2019.
General Provisions
1. Licensing: The City of Yakima agrees that any and all individuals assigned to Yakima School
District should be licensed,certified,and/or accredited in compliance with all applicable federal,
state,county and municipal ordinances and statutes, if necessary. There is no contemplation
that a City of Yakima employee or contractor will be assigned to a YSD location.
2. Safeguarding Client Information: The City of Yakima and ESD 105 agree that they will not
disclose confidential information of the youth participating in the program unless required by
law or court order. It is anticipated that the Intervention Specialist will have access to
attendance,grades,and behavioral data through ESD 105, if the student records are released by
the parent/guardian.
3. Inspection: The City of Yakima agrees that Yakima School District and ESD 105 may make
reasonable periodic inspections of the work products of The City of Yakima. Such work products
may include surveys formulated for the youth and guardians to evaluate baselines and
successes, periodic reports,and any final reports and/or recommendations.
4. Program Evaluation: ESD 105 and Yakima School District will participate in the evaluation of the
program, which is anticipated to include surveys of and interviews with staff who interact with
the youth who participated in the program and who interacted with the Intervention Specialist.
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Additional help in providing recommendations for the sustainability of a permanent program
will be requested and appreciated.
5. Communication: Communication between The City of Yakima, ESD 105 and Yakima School
District shall be regular and ongoing. It is anticipated that the Intervention Specialist may meet
weekly, with prior approval of the principal, with teachers,administrators and counselors at the
participating middle schools,and that monthly meetings may be held (telephonically or in
person) with additional relevant personnel if necessary. Administrators and/or staff will be
included in meetings for evaluating the work and outcomes of the program.
6. Term: This Memorandum of Understanding shall be in full force and effect from the date this
Agreement is signed to June 30, 2019.
7. Selection of Personnel: The City of Yakima shall select and designate the Intervention Specialist
to work at Yakima School District,who must be approved by the Yakima School District. For
purposes of this Pilot Program, the Specialist has been identified as Gary Garza, who currently
serves as a substitute teacher and coach in the Yakima School District,and is a former School
Resource Officer with the Yakima Police Department. The Yakima School District approves of
Gary Garza being the Intervention Specialist for the Pilot Project term. The Intervention
Specialist shall undergo screening,security checks and background investigations as required
through his employer, Sageland Mediation, and as required by the Yakima School District, the
ESD, and the City of Yakima. The Intervention Specialist is not an employee or independent
contractor of the City,the Yakima School District or ESD 105, but is employed by Sageland
Mediation.
8. The Intervention Specialist shall be required to comply with all laws and regulations as outlined
directly between ESD 105,the Yakima School District, and the Intervention Specialist.
9. School District Facilities Being Used: In addition to the office space provided by ESD, as outlined
above, Lewis and Clark Middle School and Franklin Middle School, with the possibility of also
including Washington Middle School if necessary, will also be used by the Intervention
Specialist.The Intervention Specialist will generally utilize available rooms during lunch hours to
mentor the youth in the program. Facilities to be used must be approved by the individual
schools.
10. Hold Harmless: The City shall protect, defend, indemnify and hold Sageland Mediation, ESD 105
and Yakima School District, and their officials, employees, attorneys, agents and volunteers,
harmless from and against any and all claims, demands, losses, damages, liens, liabilities,
penalties,fines, lawsuits, and other proceedings, and any costs and expenses associated with the
same (including attorney's fees and disbursements,whether in litigation or not), which accrue to
or are incurred by ESD 105 or the Yakima School District, or their officials, employees, attorneys,
agents or volunteers, and which arise directly or indirectly from or out of, relate to,or in any way
are connected with personal injuries or property damage occurring because of the intentional
acts of the City under this MOU.
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Sageland Mediation, ESD 105 and the Yakima School District shall protect,defend, indemnify,and
hold the City, its elected and appointed officials, employees, attorneys, agents and volunteers,
harmless from and against any and all claims, demands, losses, damages, liens, liabilities,
penalties,fines, lawsuits, and other proceedings, and any costs and expenses associated with the
same (including attorney's fees and disbursements,whether in litigation or not), which accrue to
or are incurred by the City, or its elected or appointed officials, employees, attorneys, agents, or
volunteers, and which arise directly or indirectly from or out of, relate to, or in any way are
connected with personal injuries or property damage occurring because of the intentional acts of
the ESD 105 or the Yakima School District under this MOU.
11. Modification and Termination: Any and all amendments must be made in writing and must be
agreed to and executed by the parties before becoming effective.
Either party may serve written notice of termination within 30 calendar days from the date of
service notice. The other parties will have 30 calendar days to complete any business with the
other parties.
12. Insurance: It is understood that none of the parties to this MOU provides insurance coverage
for any other party of this MOU or the Intervention Specialist. Each party to this MOU provides
its own insurance.
By signing below,each party affirms that this Memorandum of Understanding has been approved by the
parties
The City of Yakima
(signature)
(printed name)
(role)
(date)
Yakima School District
(signature)
(printed name)
(role)
(date)
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Educational Service District 105
(signature)
(printed name)
(role)
(date)
Sageland Mediation, LLC
(signature)
(printed name)
(role)
(date)