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HomeMy WebLinkAboutR-2008-022 Citizens for Safe Yakima Valley CommunitiesRESOLUTION NO. R-2008-22 A -RESOLUTION authorizing the City Manager to execute an Agreement with Citizens for Safe Yakima Valley Communities for the purpose of fostering community development, contributing to the operation of City government, improving the quality of life in Yakima and building a safe community. WHEREAS, the City Council of the City of Yakima desires to foster community development, contribute to the operation of city government, enhance the quality of life in Yakima and build a safe community for its citizens; and WHEREAS, the City wishes to utilize the skill, experience, and expertise of the Citizens for Safe Yakima Valley Communities rather than attempt to perform the same services at greater expense; and WHEREAS, Citizens for Safe Yakima Valley Communities staff possess skills, experience and expertise in the development of programs to enhance community well-being and a safe community; and WHEREAS, the City Council has previously authorized agreements supporting programs to foster community development, contribute to the operation of City government, enhance the quality of life in Yakima and build a safe community for its citizens as described in the underlying Agreement; and WHEREAS, the City Council and the Citizens for Safe Yakima Valley Communities wish to support the relationship between the City and the organization by entering into an Agreement for one (1) year, commencing upon execution hereof by the parties and terminating at midnight, December 31, 2008; and WHEREAS, the City Council deems it is in the best interest of the City of Yakima to engage the Citizens for Safe Yakima Valley Communities in accordance with the terms and conditions of the attached Agreement; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIIMIA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Citizens for Safe Yakima Valley Communities Public Sector Professional Services Agreement with the City of Yakima, Washington" between the City of Yakima and Citizens for Safe Yakima Valley Communities for the purpose of fostering community development, contributing to the operation of city government, enhancing the quality of life in Yakima and building a safe community for its citizens. ADOPTED BY THE CITY COUNCIL this 5th day of F bruary, 200 ATTEST: David Edler, ayor ii,m-L.J,J City Clerk CITIZENS FOR SAFE YAKIMA VALLEY COMMUNITIES PUBLIC SECTOR PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF YAKIMA, WASHINGTON THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the CITY OF YAKIMA (hereinafter "City"), a Washington municipal corporation, and CITIZENS FOR SAFE YAKIMA VALLEY COMMUNITIES. (hereinafter "Citizens"), a Washington non-profit corporation. WHEREAS, the City Council of the City of Yakima desires to foster community development, contribute to the operation of city government, enhance the quality of life in Yakima and build a safe community for its citizens; and WHEREAS, the City wishes to utilize the skill, experience, and expertise of Citizens rather than attempting to perform the same services at greater expense; and WHEREAS, Citizens' staff possess skills, experience and expertise in the development of programs to enhance community well-being and a safe community; and WHEREAS, the City wishes to exercise authority granted under RCW 35.21.703 and its police powers by contracting with Citizens to achieve these goals; NOW, THEREFORE, in consideration of these premises and of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Citizens as follows: • 1. SCOPE OF SERVICES. Citizens shall maintain a professional staff and shall provide professional services to the City and shall dedicate its best efforts for the express purpose of fostering community development, contributing to the operation of City government, enhancing the quality of life in Yakima and building a safe community for its citizens. Citizens' efforts under this Agreement shall conform to all applicable federal, state, and local laws, and to all standards of professional skill, competence and care in the community safety and development profession. Citizens shall use its best efforts and devote all necessary personnel to the projects undertaken on behalf of the City. Citizens' services to the City shall include, and are not limited to, planning and full implementation of: The organization and coordination of the efforts of various groups in a collaborative manner and the execution of activities and projects directed solely at making Yakima a safe place to work, run a business and 'raise a family including the following programs - a. National Night Out — Support an assembly of Neighborhood Block Watch Program leaders aimed at reinforcing the Neighborhood Block Watch initiative and expanding the number of neighborhoods in the City that have organized Block Watch programs. b. Summer Jobs for Disadvantaged Youth — Work with businesses and the South East Community Center to create 100 summer jobs for 100 youth and conduct career fairs to introduce youth employment opportunities. 1 -r� c. Campaign to Reduce the Use of Methamphetamine, — Develop and launch an aggressive educational and media campaign directed at reducing addiction to Methamphetamine and the causes of addiction associated with the use of all illegal drugs. d. Regional Youth Forum — Organize and conduct a youth forum that attracts youth from throughout the county and engages them in youth initiated projects aimed at reducing juvenile crimes, gang membership, and the causes of crimes in their respective communities. e. Benchmarking Results — Support efforts such as neighborhood policing (Emphasis Patrols) for specific neighborhoods with baseline perception surveys and follow-up perception surveys to determine valid, measurable results. f. CSC Operations and Staffing — Support the cost of operations, staffing and logistical expenses associated with sustaining the CSC volunteer organization. 2. DURATION OF CONTRACT. This Agreement shall commence upon execution hereof by the parties and shall terminate on midnight, December 31, 2008, unless terminated sooner by either party in accordance with Section 16 of this Agreement. 3. COMPENSATION, METHOD OF PAYMENT, REPORTING. Citizens shall receive reimbursement on a monthly basis for contract related expenditures made within the preceding monthly period. Total compensation for this contract shall not exceed Twenty Thousand dollars ($20,000) over the twelve month contract period beginning January 1, 2008, as approved in the 2008 City budget. Citizens shall submit a semi-annual report to the City detailing work toward accomplishment of the above referenced activities. The first report shall be due by June 30, 2008, with a second report due at the end of twelve months for the same purpose. 4. ESTABLISHMENT AND MAINTENANCE OF RECORDS. Citizens shall maintain accounts and records, including personnel, property, financial, and program records, and such other records as the City may deem necessary, including a system of internal controls and accounting systems which conform to generally accepted accounting principles and auditing standards. This is to ensure proper accounting for all funds provided under this Agreement. All such records and documents shall be retained by Citizens and be available for inspection, audit and copying by the City during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. 5. AUDITS AND INSPECTIONS. a. Citizens shall provide access of facilities to the City, the state and/or federal_ agencies or officials at reasonable times to monitor and evaluate the services provided under this Agreement. The City will give advance notice to Citizens in the case of fiscal audits, pertaining to the services provided under this Agreement, to be conducted by the City. b. Records and documents pertaining to' services provided under this Agreement shall be subject at all reasonable times to inspections, review, or audit by the City and/or duly authorized federal/state officials, including but not limited to, the Washington State Examiner. The City will give advance notice to Citizens in the event an inspection of records is required, which may include a quarterly on-site audit and inspection of financial records. c. If Citizens has its annual financial statement audited by an independent certified public accountant during the period of this Agreement, one copy of such audit shall be provided to the City. 6. REVIEW AND EVALUATION. Citizens agrees to cooperate with the City or its agent in the City's annual review and evaluation of Citizens' performance under this Agreement and, to make available all information reasonably required for any such evaluation process. 7. INSURANCE. On or before the effective date of this Agreement, Citizens shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. If the City is damaged by the failure of Citizens to maintain the above insurance or to so notify the City, then Citizens shall bear all costs attributable thereto. 8. INDEMNIFICATION. Citizens shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Citizens' performance or non-performance of the services, duties and obligations required of it under this Agreement. 9. NONDISCRIMINATION. During the performance of this Agreement, Citizens shall not discriminate in violation of any applicable federal, state, and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for employment training, or in the administration or delivery of services or any other benefits under this Agreement. 10. PROHIBITED ACTS. Citizens shall use all consideration provided .under this Agreement solely to pay for labor, equipment, materials, and overhead in its operations. It shall not use such consideration as loans., grants, or gifts to public or private entities for any purpose whatsoever nor shall such consideration be used for the purpose of promotional hosting. Violation of the provision of this Section shall be cause of immediate termination of this Agreement, notwithstanding any other provision contained herein, and Citizens shall repay to the City any funds transferred in violation of this Section. 11. INTEGRATION. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. 3 12. MODIFICATIONS. Either party may request modifications to this Agreement but no proposed modifications to this Agreement shall be valid or binding upon either party unless such modification is in writing and executed by both parties. 13. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or transferred in whole or in part by Citizens to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Citizens stated herein. 14. NON -WAIVER. The waiver of either the City or Citizens of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 15. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. TERMINATION. This Agreement may be terminated, with or without cause, prior to the date specified above in Section 2, by written notice from either party to the other thirty (30) days in advance of the termination. In the event of termination, the amount of compensation shall be prorated monthly to the nearest full month of service. 17. 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. 18. NOTICES. Unless stated otherwise herein, all notices and demands shall be 'in writing and sent to the parties to their addresses as follows: TO CITY: TO CITIZENS: R. A. Zais, Jr. City Manager 128 N. 2nd St. Yakima, WA 98901 Michael P. Morrisette, President/CEO P.O. Box 1490 10 North 9th Street Yakima, WA 98907 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 19. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 21. INDEPENDENT CONTRACTOR STATUS OF CITIZENS. Citizens and the City understand and expressly agree that Citizens is an independent contractor in the performance of each and every part of this Agreement. Citizens, as an independent contractor, assumes the 4 entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, Citizens and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Citizens or any officer, employee or agent of Citizens and the City. 22. TAXES AND ASSESSMENTS. Citizens shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Citizens shall pay the same before it becomes due. CITY OF YAKIMA CITIZENS FOR SAFE YAKIMA VALLEY COMMUNITIES R. A.ZAIS,JR. City Manager Date: ATTEST ity Clerk Date: MICHAEL P. MORRISETTE President/CEO 7 O Date: 2- ('Z/o' 4/7/ogv City Contract No.: Resolution No.:,10,Za 5 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /6" For meeting of: 2/05/08 ITEM TITLE: Resolution authorizing execution of an Agreement with Citizens for Safe Yakima Valley Communities ("Citizens"). SUBMITTED BY: Dick Zais, City Manager Sam Granato, Police Chief CONTACT PERSON/TELEPHONE: Sam Granato, Police Chief, 575-6211 SUMMARY EXPLANATION: The City Council provided authority to support the proposal of Citizens for Safe Yakima Valley Communities. As described in the attached Agreement, "Citizens" is committed to fostering community development, contributing to the operation of City govemment, enhancing the quality of life in Yakima and building a safe community for its citizens. Resolution X Ordinance Contract Citizens for Safe Yakima Valley Communities Mail to (name and address): Michael P. Morrisette, President/CEO P.O. Box 1490, Yakima, WA 98907 Funding Source APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Adopt Resolution City Manager