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HomeMy WebLinkAbout09/15/2020 12 Budget Proviso Grant Acceptance, State of WA; Interlocal Agreement, Department of Children, Youth & Families; MOU, ESD 105 & YSD a\'4\lyy bxk ik 1 + PPP • P A PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: September 15, 2020 ITEM TITLE: Resolution accepting a$50,000 budget proviso grant from the State of Washington and authorizing an I nterlocal Agreement for the Yakima Educational Advocate Program with the Department of Children, Youth & Families and entering into a Memorandum of Understanding with ESD 105 and Yakima School District SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: The City of Yakima, in partnership with ESD 105 and YSD, runs the Yakima Youth Leadership Program, a leadership program aimed at 6th graders. This program is primarily funded through an OJJ DP grant previously accepted by the Council. The OJJ DP grant pays for 3 Education Advocates who provide advocacy, mentorship and services to the youth participants and their families. Governor I nslee provided a 2020-2021 budget proviso in the amount of$50,000 to pay for a 4th Education Advocate so that there would be one in each of YSD's middle schools. This proviso money is administered through the Department of Children, Youth & Families. The Resolution proposes acceptance of the funding and entering into the I nterlocal Agreement regarding the use of those funds, as well as the corresponding Memorandum of Understanding with ESD 105 and YSD regarding each entity's role. ESD 105 is the entity that will hire the Education Advocate and administer their work in the schools. ITEM BUDGETED: No STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type a resolution 9/10/ 0 0 r Me o 2 D Int crlorn1 Agreement -vakirra Frar,a5nnal Anaccatc 9;212020 Cnraracl Program D MOU City, ESD 105, and YSO 9/1 CY2020 CEnancl 3 RESOLUTION NO. R-2020- A RESOLUTION accepting a $50,000 budget proviso grant from the State of Washington and authorizing an Interlocal Agreement for the Yakima Educational Advocate Program with the Department of Children, Youth & Families and entering into a Memorandum of Understanding with ESD 105 and Yakima School District WHEREAS, the City of Yakima was granted a $50,000.00 proviso from Washington State Governor Inslee in 2020 to provide funding for an Education Advocate for the Yakima Youth Leadership Program, a leadership program primarily funded through an OJJDP grant; and WHEREAS, due to the fact that the OJJ DP grant only covered the costs of three Education Advocates for the program, and there are four Yakima School District middle schools, the Governor agreed to provide funding so that each middle school could have its own Education Advocate; and WHEREAS, the proviso grant is good for one year, 2020-2021, and will pay for the costs associated with a part-time Education Advocate that will be hired by ESD 105 and housed at ESD 105 as part of the Yakima Youth Leadership Program; and WHEREAS, the City Council must accept the grant terms and conditions and approve the Interlocal Agreement; and WHEREAS, similar to the OJJDP grant, ESD 105 will be expending funds to hire and staff this position, including equipment, travel, and ESD 105 required benefits, and Yakima School District is allowing the additional Education Advocate to operate in the schools and have access to school data; and WHEREAS, for accounting and other purposes, a Memorandum of Understanding similar to that previously entered into for the OJJDP grant is required to be signed by the City, ESD 105 and YSD; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to accept the $50,000.00 budget proviso grant from the State of Washington and authorize the City Manager to enter into an Interlocal Agreement with DCYF to fund an additional Education Advocate for the Yakima Youth Leadership Program, and enter into a Memorandum of Understanding with ESD 105 and YSD to execute the program; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Council of the City of Yakima hereby accepts the $50,000.00 proviso from Governor Inslee as awarded and authorizes the City Manager to execute the Interlocal Agreement between the City and the Department of Children, Youth & Families (Program Contract Number 1-700-00620), and any other necessary documents to accept the award and funds, attached hereto and fully incorporated herein. Section 2.The City Council of the City of Yakima hereby authorizes the City Manager to execute the Memorandum of Understanding among ESD 105, the Yakima School District and the City to execute the program for which funds were granted under the DCYF Program Contract Number 1-700-00620), attached hereto and fully incorporated herein. 1 4 ADOPTED BY THE CITY COUNCIL this 15th day of September, 2020. ATTEST: Patricia Byers, Mayor Sonya Claar Tee, City Clerk 2 5 DOVE Agreement Number. AINTERLOCALAGREEMENT 2064-91044 1 is k, !) Yakima Educational Advocate Program This Agreement is by and between the State of Washington ProgramCon tract Number: De Department of Children, Youth &Families (DCYF) and the Co00-00620 P Contractor Contract Number. Contractor identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. CONTRACTOR NAME CONTRACTOR doing business as(DBA) City of Yakima CONTRACTOR ADDRESS WASHINGTON UNIFORM DOVE INDEX NUMBER BUSINESS IDENTIFIER(UBI) 129 N. 2nd St. Yakima,WA 98901 397-019-232 79340 CONTRACTOR CON TACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Sara Watkins (509) 576-6307 sara.watldns@yakimawa.go V DOVE ADMINISTRATION DOVE DIVISION DOVE CONTRACT CODE Department of Children,Youth, Children,Youth and Families 2000LC-64 and Families DOVE CONTACT NAME AND TITLE DOVE CON TACT ADDRESS Jenny Young 1115 Washington St SE Program Coordinator Olympia,WA 98504-5828 DOVE CONTACT TELEPHONE DOVE CONTACT FAX DOVE CONTACT E-MAIL ADDRESS (360)522-2320 Ciick here to enter text. jenny.young©dcyf.wa.gov IS THE CONTRACTOR A SUBRECIPIEN T FOR PURPOSES OF THIS CONTRACT? CFDA N UMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 09/012020 06/30/2021 $50,000.00 EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: ® Exhibits (specify):No Data Security Exhibit, Exhibit A--Statement of Work&Exhibit B--Approved Budget No Exhibits. The terms and conditions of this Agreement are an integration and representation ofthefinal, entire and exclusive understanding between the parties superseding and merging all premous agreements::witings,and:communications,oral or otherwise regarding the subject matter of this Agreement between the parties The;parties signing below represent they have read and':understand this Agreement, and have the authordyfo execute this Agreement This Agreement shall: be binding on DCYF:only upon signature by DCYF. CONTRACTOR SIGNATURE PRIN TED NAME AND TITLE DATE SIGNED DOVE SIGNATURE PRIN TED NAME AND TITLE DATE SIGNED Department oromldren,Youth&Families 2015LF Custom I ntedoc al Agreement 6-24-20 Page 1 6 DCYF General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Contract" or"Agreement" means the entire written agreement between DCYF and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. b. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. c. "DCYF Contracts Administrator" means the individual in the DCYF Contracts Department with oversight authority for the Department of Children, Youth & Families statewide agency contracting procedures, or their appropriate designee. d. "DCYF Contracts Department" means the Department of Children, Youth & Families statewide agency headquarters contracting office, or successor section or office. e. "Department of Children, Youth & Families" or "DCYF" means the Washington agency devoted exclusively to serve and support Washington state's youth and their families. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "Program Agreement" means an agreement between the Contractor and DCYF containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DCYF. h. "RCW' means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. i. "Regulation" means any federal, state, or local regulation, rule, or ordinance. j. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. k. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of DCYF. Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 2 7 DCYF General Terms and Conditions 4. Billing Limitations. a. DCYF shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DCYF shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DCYF shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. 6. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DCYF if, during the term of this Contract, Contractor becomes Debarred. DCYF may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 7. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 8. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 9. Inspection. The Contractor shall, at no cost, provide DCYF and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DCYF client records, wherever located. These inspection rights are intended to allow DCYF and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 10. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 3 8 DCYF General Terms and Conditions 11. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. 12. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 13. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 14. Termination Due to Change in Funding. If the funds DCYF relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DCYF may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. 15. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the DCYF Contracts Administrator or designee has the authority to waive any term or condition of this Contract on behalf of DCYF. Additional General Terms and Conditions — Interlocal Agreements: 16. Disputes. Both DCYF and the Contractor ("Parties") agree to work in good faith to resolve all conflicts at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of this Agreement, either Party may reduce its description of the dispute in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. If managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the Secretary of DCYF ("Secretary") and the Contractor's Agency Head ("Agency Head") or their deputies or designated delegates. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and Agency Head. Upon receipt of the referral and relevant documentation, the Secretary and Agency Head will confer to consider the potential options of resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and Agency Head may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and Agency Head are unable to come to a mutually acceptable decision within fifteen (15) business days, they may agree to issue an extension to allow for more time. The final decision will be put in writing, and will be signed by both the Secretary and Agency Head. If the Agreement is active at the time of resolution, the Parties will execute an amendment or change order to incorporate the final decision into the Agreement. The decision will be final and binding as to Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 4 9 DCYF General Terms and Conditions the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. If the Secretary and Agency Head are unable to come to a mutually acceptable decision, the Parties will request intervention by the Governor, per RCW 43.17.330, in which case the governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under this Agreement that are not affected by the dispute. 17. Hold Harmless. a. The Contractor shall be responsible for and shall hold DCYF harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DCYF shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DCYF' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 18. Ownership of Material. Material created by the Contractor and paid for by DCYF as a part of this Contract shall be owned by DCYF and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DCYF is owned by the Contractor and is not "work made for hire"; however, DCYF shall have a perpetual license to use this material for DCYF internal purposes at no charge to DCYF, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 19. Subrecipients. a. General. If the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 5 10 DCYF General Terms and Conditions (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to https://ojp.gov/about/offices/ocr.htm for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DCYF contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. c. Overpayments. If it is determined by DCYF, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DCYF may require the Contractor to reimburse DCYF in accordance with 2 CFR Part 200. 20. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given fifteen (15) working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing thirty (30) calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DCYF shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 21. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 6 11 Special Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "OJJ" means the Office of Juvenile Justice within the Office of Government Affairs and Community Engagement. b. "The City" means the City of Yakima. c. "ESD" means Education Service District. d. "YSD" means the Yakima School District. e. "The Program" means the Yakima Youth Leadership Program. 2. Purpose. The purpose of this project is to provide funding to the City of Yakima in order to partner with the ESD 105 and YSD to increase the capacity of the Yakima Youth Leadership Program through the addition of an Educational Advocate position. 3. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth in Exhibit A: Statement of Work— City of Yakima Educational Advocate, attached and incorporated by reference herein. 4. Background Checks and Sexual Misconduct. Contractors and each of their employees, subcontractors and/or volunteers, who may have unsupervised access to clients, shall have a background check completed and approved (case-by-case basis) and on file with the contractor. 6. Billing and Payment: a. The Contractor shall submit a Financial Report Form, (format to be provided by OJJ), to the assigned Contract Manager on a monthly or quarterly basis depending on the Contractor's preference. Financial Reports may not be submitted for any period less than one month or more than three months. b. The Contractor's Financial Report Form shall be submitted no later than 30 days past the last day of the month, in which services were provided. c. DCYF shall pay the Contractor upon acceptance of a properly completed Financial Report. d. Payment shall be considered timely if made by DCYF within 30 days after the receipt of the properly completed invoice. e. Payment shall be sent to the Contractor's address on page one of this Contract. f. The Contractor accepts the DCYF payment as the sole and complete payment for the services provided under this contract. g. DCYF shall not reimburse the Contractor for authorized services not provided to clients, or for services provided which are not authorized or are not provided in accordance with this "Statement of Work." If DCYF pays the Contractor for services authorized but not provided by the Contractor in accordance with this Contract's "Statement of Work," the amount paid shall be considered to be an overpayment. h. If this Contract is terminated for any reason, DCYF shall pay for only those services authorized and Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 7 12 Special Terms and Conditions provided through the date of termination. 7. Disputes. Either the Contractor or OJJ may initiate a dispute claim for consideration by the other party, as it relates to the terms of this Contract, or to the services provided by the Contractor under the terms of this Contract. In accordance with the OJJ dispute resolution process, attempts to resolve disputes shall initially be addressed and be resolved at the lowest level possible between the Contractor and OJJ. Upon verbal or written request from the Contractor, OJJ shall provide the Contractor a copy of the OJJ dispute resolution process within 5 working days of the request. 8. Insurance. a. DCYF certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: ❑ The Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or ❑ The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DCYF, provide certificates of insurance to that effect to the DCYF contact on page one of this Agreement. Commercial General Liability Insurance (CGL) —to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DCYF, its elected and appointed officials, agents, and employees shall be named as additional insureds. Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 8 13 Special Terms and Conditions Exhibit A —Statement of Work City of Yakima Educational Advocate 1. Contractor Obligations. The City of Yakima, in partnership with the ESD 105 and the YSD shall: a. Collaborate to expand the Yakima Youth Leadership Program from the current capacity of three Educational Advocates (one per middle school) by adding one additional Educational Advocate (hired by ESD 105) to be located at the fourth YSD middle school still in need of an Educational Advocate. b. The Educational Advocate will provide mentorship, guidance, advocacy and support to middle school students participating in the Program and their families. c. The Educational Advocate will work with student participants and their families on the following topics which include but are not limited to education in communication skills, dispute resolution, alcohol and substance abuse, gang culture, and goal-setting. d. The Educational Advocate will conduct surveys during the Program and provide data on attendance, grades, and qualitative information as outlined in the surveys. e. The Educational Advocate will be provided adequate training by ESD and YSD associated with working in schools, working with at-risk youth and families, and training on the specific curriculum of the Program. 2. Goals and Outcomes. a. The goals of the Program include the following: (1) Reduction in the number of YSD 6'h graders who join gangs. (2) Increased instructional time and reduced disciplinary issues of student participants. (3) Increased school engagement and desire to learn of student participants. (4) Increased resilience of student participants. (5) Provision of referrals and support to parents/guardians/families in connection to needed community resources. (6) Reduction in youth gang violence. b. Initial number of student participants will be between 10 and 20 students with a total of 30 to 40 students served by the Program within the school year. c. Goals and outcomes will be measured through surveys prepared by a professor at San Francisco State University who contracts with the City to do research work with regards to the Program. The researcher will prepare a report at the end of the school year analyzing the data collected, and will provide training and support to the Education Advocate regarding effective interviewing strategies and data collection (the funding for the research is not paid for through this contract). 3. Deliverables. The Deliverables include the following reports due to the OJJ Deputy Director and Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 9 14 Special Terms and Conditions designated OJJ Contracts Manager per the due dates outlined below. a. Four total quarterly progress reports due on October 15, 2020, January 15, 2021, April 15, 2021, and July 15, 2021 summarizing the activities, referrals, assessments, services provided, and impacts of the program implementation as outlined in this statement of work. b. Four total quarterly financial reports due on October 15, 2020, January 15, 2021, April 15, 2021, and July 15, 2021 billing for activities occurring within the previous quarter. c. All quarterly progress reports must be received prior to payment of invoices submitted to the designated OJJ Contract Manager. Invoices submitted without quarterly progress reports will be held until required reports are submitted. d. Submission of the outcome evaluation produced by the San Francisco State University professor upon completion of the project. e. The final quarterly financial report will not be paid until the final progress report is submitted as identified above by July 15, 2021. 4. Consideration. a. The total maximum consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of$50,000 for activities occurring between September 1, 2020 and June 30, 2021 including any and all expenses, and shall be based upon Exhibit B: Approved Budget and Special Conditions, attached and incorporated by reference herein. b. All grant funds must be expended by June 30, 2021. No unspent funding from this contract may be carried over into any subsequent contracts. c. Up to 10% of total budget may be moved between the line items or categories without an amendment with prior written approval from the OJJ Director or designated Contracts Manager. Contractor shall provide a written request for any changes and an updated budget upon approval. Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 10 15 Special Terms and Conditions Exhibit B —Approved Budget & Special Conditions APPROVED BUDGET OFFICE OF JUVENILE JUSTICE AND SPECIAL CONDITIONS JJ-2 GRANT FUND DATE: DEPARTMENT OF CHILDREN, YOUTH &FAMILIES AWARD SOURCE: PO BOX 40975 OLYMPIA, WA 98504 CONTRACT#: 1-700-00620 State 9/1/2020 Proviso PROJECT City of Yakima TITLE: Educational Advocate PROJECT 9/1/2020 to 6/30/2021 PERIOD: This grant award is subject to the approved budget that appears below and to the special conditions that appear below and/or are attached hereto and are incorporated herein. BUDGET CATEGORIES SOURCE OF FUNDS PERSONNEL $39,286.32 FEDERAL $0.00 0.00% SUPPLIES $2,000.00 SUBGRANTEE IN- $0.00 0.00% KIND MATCH OTHER SERVICES $3,175.00 PROJECT INCOME $0.00 0.00% AND CHARGES EQUIPMENT $0.00 OTHER FUNDS $50,000.00 100% CAPITAL/OUTLAY TRAVEL $592.93 CONTRACTUAL $0.00 INDIRECT $4,945.75 TOTAL BUDGET $50,000.00 TOTAL PROJECT $50,000.00 100% FUNDS SUBGRANTEE FINANCIAL OFFICER City of Yakima Steve Groom 129 N. 2' St. 509-576-6644 Yakima, WA 98901 SIGNING AUTHORITY PROJECT DIRECTOR Robert Harrison Sara Watkins 509-575-6030 SPECIAL CONDITIONS: 1. The next Progress Report is due: October 15, 2020 2. Commencement Within 60 Days: If a project is not operational within 60 days of the original starting date of the grant period, the sub grantee must report by letter to the State the steps taken to initiate the project, the reasons for the delay, and the expected starting date. 3. Operational Within 90 Days: If the project is not operational within 90 days of the original start date of the grant period, the sub grantee must submit a second statement to the State explaining the implementation delay. Upon receipt of the 90-day letter, the state may cancel the project. Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 11 16 Special Terms and Conditions Department of Children,Youth &Families 2015LF Custom Interlocal Agreement 6-24-20 Page 12 17 Memorandum of Understanding Between The City of Yakima, Educational Service District 105, and The Yakima School District For Services Related to DCYF Agreement Number 2064-91044 WHEREAS, during the Spring semester of 2019 (March — June), the Yakima School District ("YSD"), Educational Services District 105 ("ESD") and the City of Yakima ("City")(collectively sometimes referred to as "Parties") entered into a Memorandum of Understanding creating the Yakima Youth Leadership Pilot Program ("Pilot Program"); and WHEREAS, that Pilot Program included an intervention specialist that worked with ten (10) students at Lewis & Clark Middle School and Franklin Middle School and their families to education them on a variety of subjects pertinent to making good decisions and staying away from gang affiliation and violence, as well as to encourage them to stay in school, be involved in activities, and better communicate with teachers and family members; and WHEREAS, based on the data collected and evaluated, during the limited time of the Pilot Program changes in behaviors, improvement in grades and improvement in attendance for the participants was noted; and WHEREAS, the City, with the support of YSD, ESD and other community stakeholders, applied for a Youth Gang Suppression Implementation Grant through the Office of Juvenile Justice and Delinquency Prevention ("Grant") to fund the Yakima Youth Leadership Program past the Pilot Project and in all four YSD middle schools; and WHEREAS, the City was awarded the grant and the Parties entered into an agreement regarding the terms and conditions of the Program specific to the grant money allocated by OJJDP, which only covered three (3) education advocates, not enough for one to be housed at each YSD middle school; and WHEREAS, the City was subsequently awarded $50,000.00 from Governor Inslee through a budget proviso, administered through the Department of Children, 18 Youth and Families, to hire a fourth education advocate, including administration costs associated therewith; and WHEREAS, this addition funding provides for one education advocate to be assigned to each of the four YSD middle schools; and WHEREAS, the YYLP curriculum and work will be enhanced by having an additional education advocate to help 6th grade youth and their families; now, therefore, it is hereby agreed to as follows: 1 . Introduction This Memorandum of Understanding (MOU) is between the Yakima School District, Educational Service District 105 and The City of Yakima for the purpose of extending the MOU dated February 19, 2020, to increase the number of education advocates from three to four. The Recitals above are fully incorporated herein. 2. Term The term of this MOU is the term of the DCYF contract—the date of this MOU through June 30, 2021 . 3. ESD 105 Obligations Pursuant to the terms of this MOU and the contract, ESD agrees to the following: a. Hire one (1) Education Advocates to each work approximately 630 hours through the term of this contract throughout the school year, and during the summer months (acknowledging that some weeks, such as spring break and winter break will not be weeks where hours are worked). ESD will allow YSD to participate in the hiring of the Education Advocate position. b. The Education Advocate will meet a minimum of two times weekly with their assigned participants. They will be assigned up to 20 active participants at a time. The Education Advocate will coordinate with school staff for meeting room space, and the times when student contact is allowed. c. The Education Advocate will work with the YSD, and any personnel at the middle schools authorized by YSD, to select participants for the YYLP. d. The Education Advocate will conduct attendance, grade and behavior challenges with rewards for completion, monitor grades and attendance on a weekly basis, and connect participants to tutoring and community resources (including helping with paperwork, referrals and following up on appointments). e. The Education Advocate will utilize the structure and curriculum created by the Pilot Program as the basis for their activities with the participants. 19 f. The Education Advocate will connect with participants' parents and/or guardians regarding the participants, providing coaching to parents regarding parenting, as well as to connect the family to resources as necessary. g. Once the Education Advocate determines that the participant has completed the YYLP and has acceptable behavior, attendance and attitude, the Education Advocate will find a trusted coach, teacher, mentor or counselor and conduct a "warm handoff' into a new mentorship relationship for the participant. h. The Education Advocate will collect data from participants in the form of survey answers, attendance and grade records, notes from conversations, goal and milestone achievements and other relevant data associated with YYLP. The Education Advocate and the ESD will collect and provide all necessary data to comply with the DCYF contract reporting requirements. The Education Advocate will work with a Researcher, chosen by the City, to ensure data collected can be used in evaluating the success of the program. i. ESD will provide (although the Education Advocate will primarily be meeting participants at the middle schools or at their homes), meeting space, office supplies, a laptop or tablet computer for data collection and record keeping, a cellular telephone and plan, and all tech support. j. ESD will provide all administrative support associated with the Education Advocate, and pay all necessary taxes or payments associated with hiring the Education Advocate. k. ESD will provide training to the Education Advocate and will allow the Education Advocate to attend trainings offered by YSD if ESD determines that those trainings are relevant and appropriate. 4. YSD Obligations Pursuant to the terms of this MOU and the DCYF Contract, YSD agrees to the following: a. YSD will allow the Education Advocate to have access to students involved in YYLP during the school day, as allowed by teachers, principals and staff. The schools involved in the YYLP are Lewis & Clark, Washington, Franklin and Wilson Middle Schools. ESD shall work with YSD to determine which school is best suited to house the DCYF-funded Education Advocate. b. YSD and the middle schools agree to accept the services provided to youth through YYLP by the Education Advocate. During the school day services may include one-on-one and/or group mentoring opportunities with the Education Advocate during the participating students' lunch period, or during other times approved by the school's staff. The Education Advocate may make referrals to both school and third-party services for the student 20 participants and their families. In addition to school athletics and activities, the Education Advocate may identify opportunities for the student participants and their families to participate in community activities and opportunities outside of the school day or after school. c. YSD will provide the Education Advocate access to relevant data, anticipated to include data regarding attendance, grades and discipline. Data required by the DCYF contract reporting requirements shall be provided by YSD to the City for reporting purposes. d. YSD may train, or allow the Education Advocate to attend YSD trainings, where appropriate, at no cost. Training may include, but not be limited to, case management, home visitation, ACEs, and school district policies. Any training provided by YSD will be at the sole discretion of YSD. e. YSD will designate a liaison staff member of the assigned middle school to work with the Education Advocate and the City. How often these parties meet is up to the discretion of the liaison, Education Advocate and City. 5. City Obligations Pursuant to the terms of this MOU and the DCYF contract, the City of Yakima agrees as follows: a. The City will administer the DCYF Contract and provide reimbursement to ESD 105 under the terms and conditions of this MOU, the DCYF Contract and the attached Budget. b. The City will designate a representative to coordinate efforts under the DCYF Contract and conduct activities as outlined in this MOU. c. The City will coordinate necessary information and provide the required reports to DCYF to ensure continued funding of the Education Advocate position during the term of this MOU. 6. Compensation ESD shall be compensated for the Education Advocate (time, benefits and equipment), as outlined in the attached Budget. All invoices shall be supplied to the City, sent to Cally Price (Assistant to the City Manager, 129 N. 2nd Street, Yakima, WA 98901) for review and reimbursement. Invoices shall state: "DCYF Contract; Agreement Number 2064-91044." Reimbursement shall not in any event exceed the DCYF Contract amount of$50,000.00. 7. General Operational Procedures and Provisions 21 a. Parent Permission: A parent/guardian must give written permission for their student to participate in the YYLP. The written permission will include permission from the parent/guardian for the release of student records. The Education Advocate will coordinate written permission. YSD will approve or provide the permission form to be used. b. Consideration to Middle Schools: The middle school in which the Education Advocate is placed will receive no compensation or consideration for the services the Education Advocate provide to the participating students and their families. c. Safeguarding Information: The Parties agree that they will not disclose confidential information of the youth participating in the program unless required by law or court order. d. Inspection: YSD and ESD agree that the City may make reasonable periodic inspections of the work products of the Education Advocate. 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. e. Cooperation in Evaluation: ESD 105 and YSD will participate in the evaluation of the program, which is anticipated to include surveys and interviews with staff who interact with the youth who participated in the program and who interacted with the Intervention Specialist. Additional help in providing recommendations for the sustainability of the YYLP after the DCYF Contract expires will be requested and appreciated. f. Communication: Communication between the City, ESD and YSD shall be regular and ongoing. It is anticipated that the Education Advocate may meet with teachers, administrators and counselors at the participating middle school, and that monthly meetings may be held (telephonically, virtually 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. The City may also schedule meetings with the Education Advocate and YSD personnel as needed. g. Hold Harmless: The City shall protect, defend, indemnify and hold ESD 105 and YSD, and their elected and/or 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 ESD or YSD, or their elected and/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 22 with personal injuries or property damage occurring because of the intentional acts of the City under this MOU. ESD shall protect, defend, indemnify and hold YSD and the City of Yakima, and their elected and/or 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 YSD or the City of Yakima, or their elected and/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 ESD under this MOU. YSD shall protect, defend, indemnify and hold ESD 105 and the City, and their elected and/or 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 ESD or the City, or their elected and/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 YSD under this MOU. h. Modification: Any and all amendments must be made in writing and must be agreed to and executed by the parties before becoming effective. i. Termination: This MOU will terminate in the event the DCYF Contract is cancelled, terminated, or unfunded. This MOU may also be terminated by any party on sixty (60) days written notice. A termination by any party constitutes a termination of the agreement as to all parties. j. Insurance: It is understood that none of the parties to this MOU provides insurance coverage for any other party of this MOU. Each party to this MOU provides its own insurance. k. Disputes: In the event there is a dispute over the terms and conditions outlined in this MOU or the DCYF Contract, the parties will first seek to resolve the dispute through alternative dispute resolution. In the event the 23 negotiations are not successful, a claim may be brought in Yakima County Superior Court. I. Grant document prevails: If there is a conflict between this MOU and the DCYF Contract, the DCYF Contract document prevails. m. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this MOU is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this MOU. By signing below, each party affirms that this Memorandum of Understanding has been approved by the parties. DATED this day of September, 2020. THE CITY OF YAKIMA YAKIMA SCHOOL DISTRICT Robert Harrison Trevor Greene City Manager Superintendent ATTEST: EDUCATIONAL SERVICE DISTRICT 105 Sonya Claar-Tee Kevin Chase City Clerk Superintendent