HomeMy WebLinkAboutDispute Resolution Center of Yakima and Kittitas C - Memorandum of Understanding MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF YAKIMA
AND
DISPUTE RESOLUTION CENTER OF YAKIMA AND KITTITAS COUNTIES
WHEREAS, the City of Yakima (hereinafter"City") established and has been facilitating
a community-wide group of stakeholders, service providers and interested residents of Yakima
County to discuss, learn about, and network around combatting gang and gun violence in
Yakima County, known as the "Village"; and
WHEREAS, the City has also established and facilitated a Steering Committee to
oversee the Village as well as work on other projects that the Steering Committee finds to be
relevant and of interest and/or need to the community to combat gang and gun violence; and
WHEREAS, the City received an Office of Juvenile Justice and Delinquency Prevention
grant ("OJJDP Grant") to operate the Yakima Youth Leadership Program with ESD 105 and the
Yakima School District, and the Village and Steering Committee structure were integral to
receiving those grant funds; and
WHEREAS, maintaining the Village and Steering Committee structure, and continuing to
engage with the service providers, community members and stakeholders surrounding this
subject should bring additional resources into Yakima to fight gang and gun violence; and
WHEREAS, the City and Dispute Resolution Center of Yakima and Kittitas Counties
("DRC") find that the tasks and actions described herein are better and more efficiently
accomplished by a non-profit organization rather than the City of Yakima; now, therefore, it is
hereby agreed as follows:
A. Parties
This Memorandum of Understanding ("MOU") is entered into between the Dispute Resolution
Center of Yakima and Kittitas Counties ("DRC") and the City of Yakima ("City") for the purposes
of facilitating and expanding a community-wide network of providers, stakeholders and
community members to address gang and gun violence in Yakima County.
B. Term
The term of this MOU is from the date of signing through September 30, 2022. This MOU may
be extended in one year intervals through September 30, 2025, upon written annual requests
and acceptance of both parties.
C. Scope of Work
DRC will facilitate and run the Village and Steering Committee. The following is a general
outline of the activities that are anticipated to be necessary. DRC and the City agree that DRC
has discretion in how to approach the needs of the Village and Steering Committee and that this
outline covers the basics of what is contemplated by this MOU based on the current activities of
the Village and Steering Committee.
1. Facilitate Village meetings
a. Email announcements
b. Set agenda
c. Find speakers
d. Find food donations or pay for food from monthly stipends
e. Facilitate networking
f. Post-meeting surveys
Village meetings are currently held every other month. They are hosted at Comprehensive
Healthcare in the auditorium, which is provided at no charge. There is no requirement that they
have to meet at that facility, but a regular meeting is necessary.
Some matters to evaluate include how to increase participation, the structure of the Village
meetings and concept, and determine what motivates people to attend the meetings.
2. Facilitate Steering Committee
a. Email meeting dates, info, agendas, documents
b. Set agenda
c. Provide updates on Village and OJJDP grant project (which could be done by
others at the meeting)
d. Seek suggestions/feedback on Village topics and ways to improve the Village
experience
e. Facilitate the strategic planning being done both at the Steering Committee and
Village level.
Steering Committee meets for one hour each month. They are currently meeting at City Hall.
They have determined that their two main objectives are to provide oversight and guidance on
the Village meetings and to create a strategic plan to address gun and gang violence. This plan
would be for the entire County. In 2018, the City prepared a Community Safety Plan which can
provide some information for this effort.
To create the strategic plan, the Steering Committee has appointed an ad hoc committee that
includes service providers. That group has met once and started work on the plan.
3. Grants and Information to the Village, and miscellaneous
a. Periodically send out grant information to the Village email list encouraging
people to work together to create new programming or fund programming in
Yakima. The grants.gov website is helpful for this. Your role would be to provide
information to the Village for them to review and decide if they want to apply.
b. Help facilitate requests for letters of support if non-profits or other entities decide
to apply for grants through the Village email list.
c. Provide information on trainings, seminars or other events that might interest
Village members and are relevant to addressing gang and/or gun violence.
d. Encourage Village members to create working groups focused on specific sub-
areas, such as human trafficking (but not facilitate such meetings other than to
provide contact information).
e. Facilitate information sharing and encourage collaboration.
f. Act as an information resource for stakeholders, service providers, and
community members seeking information or opportunities to serve.
g. Develop a website or work with 2-1-1 to develop a website that is dedicated to
providing resources for youth and families to cope with or combat gang and gun
violence.
h. Work with the Yakima School District to set up a services fair or tabling event for
youth and their families once per year.
DRC should work to foster a spirit of collaboration among stakeholders so that they can work
together on projects in the community, to get grants and funding, and to provide more
opportunities for youth and families to reduce the gang and gun violence in Yakima. In doing
this, DRC should use its skills, knowledge and resources to create the best way for the Village
and Steering Committee to fulfill their goals and objectives.
D. Compensation and Billing Procedure
City shall pay DRC Seventy-Five Dollars ($75.00) per hour, up to Three Thousand Dollars
($3,000.00) per month with an expectation that DRC will devote the amount of time necessary
per month to fulfill the scope of work outlined above. Compensation is on a reimbursement
basis. DRC shall provide a monthly bill with an accompanying report that outlines the meetings
held, general topics discussed, and other activities undertaken under this MOU and time spent
for each activity. Additionally, DRC will provide a quarterly written report to be provided to the
City Council and will be available to attend a minimum of two council meetings per year if the
City Council requests a presentation on DRC's activities under this MOU. Invoices and billings
shall be mailed to the City of Yakima, do Cally Price, 129 North 2nd Street, Yakima, WA 98901.
E. Independent Contractor
DRC and the City understand and expressly agree that DRC is an independent contractor in the
performance of each and every part of this MOU. DRC expressly represents, warrants and
agrees that its status as an independent contractor in the performance of the work and services
required under this MOU is consistent with and meets the six part independent contractor test
set forth in RCW 51.08.195. DRC, as an independent contractor, assumes the entire
responsibility for carrying out and completing the work and/or services required under this MOU.
DRC shall be responsible for ensuring that all employees, agents and subcontractors are
licensed and authorized to operate the equipment necessary to perform this MOU, with all
required fees and permits paid and in good standing, in accordance with law. DRC 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
DRC or any DRC officer, employee or agent, and the City.
F. Communication
DRC and the City will be in regular communication regarding the Village and Steering
Committee work to collaborate on public relations, media, marketing, Council requests,
community requests and the general obligations of each party under this MOU. DRC and the
City will assign a specific liaison who will be the contact person for this MOU. It is expected that
DRC and the City will work together where appropriate to facilitate the goals of the Village and
Steering Committee activities.
DRC shall provide, upon request, any information the City requests that will aid the City in
reporting requirements or presentations related to the 2019 OJJDP Youth Gang Suppression
Grant awarded by OJJDP to the City of Yakima for its Yakima Youth Leadership Program.
Further, DRC shall provide, upon request, any documents, forms, evaluations, or other
information that the City believes would aid in extension of the 2019 OJJDP Grant or any other
grant opportunity for the Yakima Youth Leadership Program or any other program or project for
which the City of Yakima is seeking grant funding.
G. Indemnification and Hold Harmless
DRC agrees to protect, defend, indemnify, and hold harmless, the City, its elected and
appointed officials, officers, employees, agents, and volunteers from any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, administrative and other
proceedings and all judgments, awards, losses, liabilities, damages (including punitive or
exemplary damages), penalties, fines, costs and expenses (including attorneys' fees and
disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or
destruction to any person or any property (including but not limited to any actual or alleged
violations of civil rights) to the extent caused by, arising out of, or relating to any act, and/or
omission (whether intentional, willful, reckless, negligent, inadvertent or otherwise) resulting
from, arising out of, or related to DRC's, its officers, employees, agents, volunteers and/or
subcontractors, actions services, work or materials pursuant to this MOU.
DRC specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or
immunity under any other provision of law to the extent of the obligations assumed by the
parties protected hereunder. DRC and the City acknowledge and agree that this waiver was
mutually negotiated.
All services rendered or performed under this MOU will be performed or rendered entirely at
DRC's own risk and DRC expressly agrees to defend, indemnify and hold harmless the City and
all of its officers, agents, employees and elected officials form any and all liability, loss, fines,
penalties or damages, including reasonable cost of defense, they may suffer as a result of
claims, demands, actions, or damages to any and all persons or property, costs or judgments
against the City which result from, arise out of, or are in any way connected to the services to be
performed by DRC under this MOU.
Nothing contained herein shall be construed to create a liability or a right of indemnification in
any third party.
H. Insurance
1. Commercial Liability Insurance. At all times during the term of this MOU DRC
shall secure and maintain in effect, and provide the City with a certificate of insurance as proof
of, commercial 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. 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 insurer will not cancel or change the insurance without first giving the City thirty (30)
calendar days 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.
2. Commercial Automobile Liability Insurance. At all times during the term of this
MOU DRC shall secure and maintain in effect, and provide the City with a certificate of
insurance as proof of, commercial automobile 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 include, but not be
limited to, owned, non-owned and hired vehicles, and be shown on the certificate. 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. 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 insurer will not cancel or change the insurance without first giving
the City thirty (30) calendar days prior 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.
3. Professional Liability Insurance. DRC shall provide evidence of Professional
Liability insurance covering professional errors and omissions. DRC shall provide the City with
a certificate of insurance as proof of professional liability insurance with a 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. The insurance shall be with an insurance company or
companies rated A-VI' or higher in Best's Guide. 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. If insurance is on a claims made form, its retroactive date, and that of all subsequent
renewals, shall be no later than the effective date of this Contract.
4. City Does Not Provide Insurance. It is understood that the City does not maintain
any form of insurance for DRC, its officers, employees, agents, instructors, volunteers, agents,
and/or subcontractors.
5. Insurance Provided by Subcontractors. DRC shall insure that all subcontractors
it utilizes for work and/or services related to this MOU shall comply with all of the above
insurance requirements.
6. Workers' Compensation. DRC agrees to pay all premiums provided for by the
Workman's Compensation Act of the State of Washington. Evidence of DRC's workers'
compensation coverage will be furnished to the City. DRC holds the City harmless for any injury
or death to DRC's employees while performing the work under this MOU. DRC agrees to
assume full liability for all claims arising from this MOU including claims resulting from negligent
acts of all subcontractor(s). DRC is responsible to ensure subcontractor(s) have insurance as
needed. Failure of subcontractor(s) to comply with insurance requirements does not limit DRC's
liability or responsibility.
I. Modification
This MOU shall only be modified upon agreement by both parties in writing.
J. Termination
Either party may terminate this MOU on thirty (30) days' prior written notice for any reason,
whether or not there is a breach or default, with or without cause. Upon receipt of a notice of
termination, DRC shall, except as otherwise directed by the City, immediately stop performance
of the services to the extent specified in the notice. If DRC is providing notice of termination, the
notice shall be accompanied by an effective date of termination and DRC shall continue working
under the terms of the MOU and the scope of work herein until the final date of this MOU,
unless otherwise agreed to by the parties. This MOU may also be terminated in whole or in part
by mutual agreement of the parties.
K. Records
DRC shall maintain (in accordance with generally accepted accounting practices) books,
accounts, records, documents and other materials related directly or indirectly to the work done
under this MOU. All such books, accounts, records, documents and other materials shall be
subject to inspection and audit at reasonable times by representatives of the City. DRC shall
make such books, accounts, records, documents and other materials available and afford the
proper facilities for such inspection and/or audit within forty-eight (48) hours of inspection/audit
notification from the City. Such books, accounts, records, documents and other materials may
be copied by representatives of the City as part of such inspection/audit. However, the making
of(or failure or delay in making) such inspection or approval shall not relieve DRC of
responsibility for performance of this MOU, notwithstanding the City's knowledge of defective or
non-complying performance, its substantiality or the ease of its discovery. DRC shall preserve
and make available all such books, accounts, records, documents and other materials for a
period of at least six (6) years after termination of this MOU.
DRC shall promptly furnish the City with such information related to services and/or work
performed pursuant to this MOU as may be requested. Until the expiration of six (6) years after
termination of this MOU, or for a longer period if required by law or by the Washington State
Secretary of State's record retention schedule, DRC shall provide the City access to (and the
City shall have the right to examine, audit and copy) all of DRC's books, documents, papers and
records which are related to the services and work performed under this MOU.
The City is required by law to comply with the Washington State Public Records Act (PRA),
Chapter 42.56 RCW. All records relating to DRC's services under this MOU must be made
available to the City, and also produced to third parties, if required, pursuant to the PRA 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 MOU and all public documents associated with this
MOU shall be available to the City for inspection and copying by the public where required by the
PRA or other law, to the extent that public records in the custody of DRC are needed for the City
to respond to a request under the PRA, as determined by the City. If DRC considers any portion
of any records provided to the City under this MOU, whether in electronic or hard copy form, to
be protected from disclosure under law, DRC shall clearly identify any specific information that it
claims to be confidential or proprietary. If the City receives a request under the PRA to inspect
or copy the information so identified, and determines that the release of the information is required
or otherwise appropriate, the City's sole obligation shall be to notify DRC of the request and the
date such information will be released to the requestor unless DRC obtains a court order to enjoin
the release, pursuant to RCW 42.56.450. If DRC 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 DRC to claim any exemption for disclosure
under the PRA. The City shall not be liable to DRC for releasing records not clearly identified by
DRC as confidential or proprietary. The City shall not be liable to DRC for any records that the
City releases in compliance with the PRA, this section, or in compliance with an order of a court
of competent jurisdiction.
L. Severability
If any provision of this MOU is in direct conflict with any statutory provision of the State of
Washington, or if a court of competent jurisdiction holds any part, term or provision of this MOU
to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be
affected and the parties' rights and obligations shall be construed and enforced as if the MOU
did not contain the particular provision in conflict with law or deemed invalid. Should the City
determine that the severed portions substantially alter this MOU so that the original intent and
purpose of the MOU no longer exists, the City may, in its sole discretion, terminate this MOU,
effective immediately upon notice of termination.
M. Non-Waiver of Breach
A waiver by either party hereto of a breach by the other party hereto of any covenant or
condition of this MOU shall not impair the right of the party not in default to avail itself of any
subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict
performance of any agreement, covenant or condition of this MOU, or to exercise any right
herein given in any one or more instances, shall not be construed as a waiver or relinquishment
of any such agreement, covenant, condition or right.
N. Survival
Any provision of this MOU which imposes an obligation after termination or expiration of this
MOU shall survive the term or expiration of this MOU and shall be binding on the parties to this
MOU.
O. Governing Law and Venue
This MOU shall be governed by and construed in accordance with the laws of the State of
Washington. The venue for any action to enforce or interpret this MOU shall lie in the Superior
Court of Washington in Yakima County.
P. Notices
Unless stated otherwise herein, all notices and demands shall be in writing and sent to the
parties at their addresses as follows:
TO THE CITY: Alex Meyerhoff, Interim City Manager
City of Yakima
Yakima City Hall
129 North Second Street
Yakima, WA 98901
TO DRC: Sarah Augustine, Executive Director
Dispute Resolution Center
132 North First Avenue
Yakima, WA 98902
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 hand-delivered at the addresses specified above, or
three (3) days after the date of mailing to the addresses specified above.
,
Q. Integration
This written document constitutes the entire agreement between the City and DRC. There are
no other oral or written agreements between the parties as to the subjects covered herein.
Dated this L.-, day of April, 2020.
CITY OF YAKIMA DISPUTE RESOLUTION CENTER
OF YAKIMA AND KITTITAS COUNTIES
Q �
Alex Meye off, Interi ty Manage • Sar h Augustine, Direoor
Attest: .—
FY'5?>.,; \eyeA
_ i"
Sonya CIa`ar,Tee, City Cler3 r 0 ,(
CITY CONTRACT NO:2, `_e*w f
RESOLUTION NO: A/G `1