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12/11/2012 11 Multiple Agreements for Programming/Activities in Conjunction with the Yakima GFI Youth and Family Development Center S ' 1-. 1 •r. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: December 11, 2012 a. $b -.Y .°Ex*.wri yr r Jik;.:.F ... :I' .: Iii.'.. .a...: +S,.a^ �nlF t».`'v' flex _'Y," }�'!•:.kri 7k; �"i.€g? Nf'. ;:: '"i` .f:x -01: •SS":�uF -4!-M1 14-% ITEM TITLE: Resolution authorizing Agreements between the City of Yakima and the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney Steve Magellan, GFI Consultant CONTACT Cynthia I. Martinez 509 - 575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: In November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (YGFI), or a long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan. Upon completion of a comprehensive community needs assessment, the YGFI Steering Committee recommended the implementation of a Youth and Family Development Center where evidence based programming and /or activities would be offered to youth who exhibit high risk behaviors and gang involvement. The City at the direction of the City Council requested proposals under RFP No. 11221 for YGFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI. The Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission, Washington State non - profit corporations, are experienced in Youth and Family Development Programming and have proposed to offer evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. Each of these organizations have the desired qualification to provide these services. A detailed description of the programming and /or activities to be offered by each organization is included in the Yakima Gang Free Initiative Strategic Plan approved by the Council during the November 27, 2012, study session concerning the YGFI. Resolution X Ordinance Other (specify) Mail to: Magellan Consultancy LLC, ATTN: City of Yakima Contract: X GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901 Contract Term: 1 year Amount: various amounts Expiration Date: December 31, 2013 Insurance Required? Yes Funding Council authorized funding, GFI service Source: partner funding matches, and grant Phone: 509 - 543 -3616 funding. APPROVED FOR SUBMITTAL: gerotete City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution -GFI Youth and Family Developement Center ❑ GFI -City of Yakima GFI Implementation Plan 2013 ❑ GFI Svcs Contract -11- 2012 -YMCA ❑ GFI Svcs Contract 11- 2012 -YPAL ❑ GFI Svcs Contract -11- 2012- People4People ❑ GFI Svcs Contract -11 -2012 - Union Gospel Mission RESOLUTION NO. R -2012- A RESOLUTION authorizing and directing the City 'Manager of the City of Yakima to execute the Agreements with the Yakima YMCA, the Yakima Police _ Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan; and WHEREAS, the City at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI, and WHEREAS, the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission, Washington State non - profit corporations, experienced in Youth and Family Development Programming, have proposed to offer evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center; and WHEREAS, each of these organizations have the desired qualification to provide these services; and WHEREAS, on November 27, 2012, the Yakima City Council unanimously approved the City of Yakima Gang Free Initiative Strategic Plan which describes the goals of the Youth and Family Development Center and the service that each of these organizations will provide, and WHEREAS, the Yakima City Council finds it to be in the best interest of the City to direct the City Manager to execute the Agreements with the Yakima YMCA, the Yakima Police Athletic League, People for People and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council authorizes and directs the City Manager to execute the attached Agreements with the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. ADOPTED BY THE CITY COUNCIL this 11 day of December, 2012. Micah Cawley, Mayor ATTEST: City Clerk 9449 7ree %ivaue1' ea °a 1/a4ima St'iate pag Pad&d S4et St'tate #4 Table of Contents This section of the strategic plan contains the strategies, performance measures, and expected outcomes of the Gang Free Initiative through 2073 and is consistent with the Yakima Gang Free Initiative Community Action Plan: A Comprehensive Approach to the Prevention, Intervention, & Suppression of Youth Gangs adopted by City Council on February 27, 2072. Introduction 2 Community Mobilization 4 Opportunities Provision 6 Social Interventions 7 The Youth Development Team 7 • Outreach 8 ____ : Screening & Referral 9 Individual Needs Assessment 10 Behavioral Interventions 11 Family Support Services 11 Suppression 12 * �_� {" Organizational Change & Development 13 - , " - • - Coordination & Resource Development 13 `. ° �' - Youth & Family Development Center 14 _ — Youth & Family Development Fund 15 ,.t " - f Gang Resistance & Intervention Framework 16 °.': Yakima Truancy Project 1 kJ • Funding The Initiative 1: : GFI Long -Term Impact 19 , 4„ '\ i _IMI City of Yakima GFI Implementation Plan 2013 Page 1 Introduction Honorable Mayor and City Council Members The activities described herein follow the strategic actions recommended by the GFI Steering Committee included in the GFI Community Action Plan. A Comprehensive Approach to the Prevention, Intervention and Suppression of Youth Gangs, developed under the guidance of the GFI Steering Committee and adopted by City Council on February 21, 2012 Unlike other plans, it emphasizes prevention and intervention strategies at the neighborhood level and positions the City of Yakima together with community partners in a researched based, data driven, and outcome focused effort over the next 3 to 5 years This action plan targets the greater City of Yakima with special emphasis on "hubs" of gang activity in three neighborhoods— Northeast, North Central, and Southeast The implementation activities herein were developed in support of five core strategies and corresponding objectives 1 Establish a coordinated collaboration process to impact gang activity citywide Objective Implement OJJDP Gang Model 2 Establish a GFI Prevention & Intervention Service Network Objective Develop service partnerships to directly address the gang issues within the City of Yakima 3 Establish a data and research analysis process to keep the City Council, City Manager and GFI Committee aware of gang trends and GFI impact on an on- going basis Objective GFI Coordination & Evaluation Services 4 Build capacity in gang prevention and intervention programs /strategies Objective Youth & Family Development Centers 5 Develop a sustainable funding strategy to support implementation efforts Objective Youth & Family Development Fund continued GFI Vision Statement: The vision of the GFI is to create a safe, peaceful, gang free community resulting in a high quality of life for our families. City of Yakima GFI Implementation Plan 2013 Page 2 Introduction The OJJDP Comprehensive Gang Model The GFI Advisory Group recommends that City- endorsed programming be coordinated and implemented within each of the OJJDP five core strategies Community Mobilization Activities should be closely coordinated and integrated to ensure that the Involvement of local residents, including former work of collaborating agencies is in line with the comprehensive anti -gang gang youth, community groups, and agencies, and plan and based on the following guiding principles coordination of programs and staff functions within and across agencies • No single program will fix the gang problems in our community Opportunities Provision Strong public leadership by the City Council, City Manager and Chief of • Development of a variety of specific education, Police is essential training, and employment programs targeting gang - involved youth • A coordinated and organized effort among all City departments, other government and community agencies is required to see results that integrate prevention, intervention, and suppression Social Intervention Youth serving agencies, schools, grassroots groups, • A multidimensional anti -gang strategy should target youth between the faith -based organizations, law enforcement ages 11 -20 who exhibit high -risk behaviors and gang involvement agencies, and other criminal justice organizations • Young people who would move up the ladder of gang membership and reaching out and acting as links to gang invoved activity are those who commit intentional acts of violence or are youth, their families, and the conventional world and needed services arrested for gang related incidents • The impact of gang members' actions not only adversely affects their Suppression parents, siblings, and other family members but the whole community — including the victims of gang violence who must deal with the horror of Formal and informal social control procedures, losing a loved one and the agony of having to deal with a variety of including close supervision or monitonng of gang youth by agencies of the criminal justice system and agencies to get restitution and support also by community -based agencies, schools, and • To be effective, all programs and services focused on gang prevention grassroots groups and intervention must be culturally competent, linguistically sensitive, and accessible to the entire community Organizational Change and Development Development and implementation of pdicies and procedures that result in the most effective use of These principles will be inculcated within each service agreement entered available and potential resources, within and across into between collaborating partner and the City of Yakima agencies, to better address the gang problem Once of Juvenile Justice & Delinquency Prevention, 2009 Respectfully Submitted by The City of Yakima Gang Free Initiative Steering Committee GF! Mission Statement: The City of Yakima Gang Free Initiative will engage the community in developing suppression, prevention and intervention strategies that support and promote positive youth development strategies targeting our highest risk citizens. City of Yakima GFI Implementation Plan 2013 Page 3 Community Mobilization Strategy The Gang Free Initiative Advisory Group The work of the collaborating partners, as set forth in this Plan, will be overseen by the City of Yakima GFI Advisory Group The GFI Advisory Group is comprised of local stakeholders who focus their efforts on furthering the GFI objectives via various tasks as they relate to the reduction of gang related crimes and activity within the City Advisory Group over- sight will be provided by the Chief of Police Current Advisory Group committees are 1 Executive Committee. The Executive Committee provides leadership to the Advisory Group by ensuring the vision, mission, and activities of the GFI are fulfilled The Executive Committee will include a minimum of two City Council Members, the Chief of Police, and GFI Consultant 2 Marketing and Community Education Committee This committee develops and recommends all policies pertaining to the marketing of the Gang Free GFlAdvisoryGroupRole: Initiative, including development and assessment of a comprehensive marketing strategy for the recruitment of partners and donors, formulation of a • Set policy &promote policies marketing schedule, and development of all marketing materials Priorities for that will further the goals of the the first year of implementation include website development, marketing gang strategy campaign, and cultivating media partners • Oversee direction 3 Planning and Development Committee The aim of this committee is to secure organizational and financial stability for the Gang Free Initiative, • Remove barriers to service promote the mission of the GFI and ensure the representation of community ▪ Increase social and economic needs and interests in routine plan updates Also within the purview of this committee are the priorities described in the Organizational Change and opportunities Development strategy Priorities for year one include facilities acquisition and • Develop effective procedures coordination of fundraising activities 4 Implementation Committee The purpose of this committee is to ensure the • Determine priorities effective and efficient implementation of the Community Action Plan Priorities • Monitor progress for the first year include identification of potential service providers and, working in tandem with the GFI Coordinator, negotiate partner agreements (MOU's, MOA's & Contracts) that will govern the delivery of services, and oversee the activities of the Youth Development Team and outreach workers The Advisory Group may also establish Ad Hoc committees or temporary workgroups to address specific issues These committees will have a limited duration and may involve non - Advisory Group members or Subject Matter Experts PERFORMANCE MEASURES Current 2013 Advisory Group Meetings 12 (monthly) 4 (quarterly) Advisory Group Membership Retention 13 15 Advisory Group Participation Rate (includes committees) 77% 80% Advisory Group Attendance (includes committees) 60% 90% Advisory Group Member Satisfaction No Data 90% Page 4 Community Mobilization cont. Strategy The Gang Free Initiative Advisory Group The Advisory Group involves representatives of key organizations and other community leaders within the City of Yakima It guides implementation of the Plan by responding to barriers to implementation, developing sound policy, lending support to the project where and when appropriate, and taking general ownership of the communitywide response The Advisory Group must also create and maintain interagency and community relationships that facilitate project development Advisory Group members will work with residents in the target neighborhoods and community leaders to elicit their ideas and afford them a voice in identifying services and activities in the community The committee will facilitate the development of community groups including, but not limited to, block watches, parent support groups, or other community alliances and coalitions Advisory Group Sector Representatives • Behavioral Health • Schools • Business • Police • City Government • Primary Health • Civic & Volunteer Organizations • Parents • Faith -based Organizations • Youth • Juvenile Court • Youth Serving Organizations Community residents in the target area will be offered programs and training to educate parents, business owners, and neighborhood groups about gangs In the first 3 years of implementation, Community Mobilization efforts will focus on accomplishing the following performance measures PERFORMANCE MEASURES Current 2015 Community Partnerships supporting GFI priorities 0 12 Increased Student reporting [of gang related activity] 2% 20% Increase number of gang -free locations [safe zones] for youth 1 4 Increase interagency cooperation supporting GFI priorities 0 4 Increase graffiti abatement capacity through community partnerships 0 3 Increase community reporting [of gang related activity] No Data +20% Increase Block Watch participation 20 +30% Increase Block Watch utilization 127 +20% Increase volunteerism supporting GFI priorities & services 0 10% annually Increase community awareness of crime reporting procedures No Data 10% annually IL = P II v _ _ III Burl 1 11_IL a _Nil- Page 5 Opportunities Provision Strategy Partner - Driven positive youth development programs and activities. Opportunities Provision refers to the development of a The City Administration and the City Council should variety of specific education, training, and employment prioritize funding of existing, effective, promising programs targeting at -risk and low level gang - involved programs that establish targets for outcomes and youth Special access to economic outputs in a coordinated and opportunities in the local and wider POSITIVE YOUTH DEVELOPMEN collaborative manner with the City's community must be provided for fife Skills Training funding source, i e Parks and targeted youth including job-related Recreation, Police Department or private education opportunities such as Academic Support foundations In addition, the City should special educational and vocational enter into collaborative funding ventures skills and readiness training structured Mentoring only in instances where the partner has within regular schools, training Career Exploration provided assurances regarding the use programs, and mainstream lob of evidence based programs and opportunities Health & Wellness adherence with the core operating Education, training, and job principles adopted by the GFI Advisory opportunity strategies will be Recreation Group The GFI Prevention & integrated with those of positive youth Arts & Culture Intervention Service Network is intended to create a neighborhood based development, along with close supervision and social control, as inventory of gang prevention and necessary Grassroots, faith-based, and community youth intervention programs and activities closely aligned agencies can be involved through the sponsorship of life with GFI's core principles and utilization of skills training, tutoring, vocational, and job development/ evidence based programs placement programs for targeted youth FY13 GFI Proposed PYD Service Partnerships Madison House Tutoring incentive Program- Provides opportunities for youth to receive after - school homework help, tutoring, and other education based programs to see the world beyond their circumstances Program Outputs 50 youth, 120 tutoring sessions, 3,600 tutoring hours through December 31, 2013 Outcome Improved academic performance among program participants YMCA ASPIRE MentormgProgram: Site -based mentoring for youth in the Northeast Yakima target area Program Outputs 60 Mentees, 60 Mentors, 60 mentoring matches by June 30, 2013, 540 mentoring hours through December 31, 2013 Outcome Decreased risk of gang involvement among program participants YPAL Life Skills Program: Provides targeted youth with immediate help in the areas of health and wellness, anger, time, and money management, and educational tutoring for the express purpose of mentoring the youth into responsible, positive citizens Program Outputs 120 youth, 1,440 life skills hours through December 31, 2013 Outcomes Decrease in attitudes favorable to gangs and violence among program participants City of Yakima GFI Implementation Plan 2013 Page 6 Social Interventions Strategy Youth Development [Multidisciplinary] Team The Youth Development Team is at the core of the OJJDP Comprehensive Gang Model [Intervention] and plays a key role in identifying and delivering intervention and prevention services This team is composed of a multidisciplinary group of professionals from the fields of law enforcement, probation, outreach, education, and social services, who work together to case manage the intervention targets of the action plan and to identify additional prevention, intervention, and suppression activities needed in the target communities Participation on the Youth Development Team can increase the effectiveness of each agency's efforts, reduce duplication of services, increase access to needed services, and ensure that gang members are held accountable for their actions By identifying and providing concentrated services to those within the gang culture, the team's activities will also serve to improve the quality of life for all residents of Yakima by reducing gang crime and improving community safety 41,0000► Law ` Enforcement Outreach Juvenile f t Worker Probation \ / Grassroots Social Agency Services 'Tar eted Adult � ' Members F+r Mental Probation Health Family Law Services Enforcement School OJJDP, 2009 Youth Development Team Role • Creating individualized case management plans for gang members participating in the project • Engaging gang members in direct services to address their specific needs • Working together to dismantle or surmount barriers to accessing services • Holding gang members accountable for negative behaviors • Assisting gang members in transitioning out of the gang lifestyle • Improving the effectiveness of agencies serving gang - involved clients • Reducing overall gang- related crime in the community City of Yakima GFI Implementation Plan 2013 Page 7 Social Interventions Strategy: Outreach Outreach activities within the OJJDP Comprehensive Gang Model play a critical role The primary focus of the outreach services is to build an ongoing and pro - social relationship with youth and families while linking them to appropriate services Targeted outreach will be established to focus on core gang involved youth, with special capacity to connect pre - adjudication and in the local community setting General outreach activities such as recreation and arts, will be carefully integrated with existing and new prevention services not to become a primary focus, but rather a means to build relationships with clients and provide access to essential resources and services FY13 GFI Proposed Outreach Service Partnership Yakima Juvenile Court: Provides targeted outreach to high risk youth and their families Program Outputs 30 youth through December 31, 2013 Outcome Lowered risk of gang involvement among participating youth Outreach Specialist Role: • Identify youths' needs and goals to help the team develop a more comprehensive intervention plan • Coach and provide role models for each youth • Coordinate appropriate crisis responses to project clients following episodes of violence in the community • Provide assistance to families in distress, ranging from accessing basic services to helping resolve family conflict • Visit clients who are incarcerated and helping to reconnect them to services when they are released from custody • Resolve conflicts and /or mediating between clients, their families, other youth, and /or agencies • Act as a liaison between project clients and service providers /schools to facilitate client access to services • Work with clients who are seeking employment, from helping these youth develop resumes, to identifying their skills and qualifications, to helping them apply for jobs or work with workforce services programs • Conduct gang awareness presentations in schools Yakima Police Activities League- YPAL outreach services will build ongoing and pro - social relationships with youth and families while linking them to appropriate services Outreach activities, such as recreation and arts, will be carefully integrated with existing and new prevention services not to become a primary focus, but rather a means to build relationships with clients and provide access to essential resources and services Program Outputs 4 Gang Awareness Seminars, 250 youth through December 31, 2013 Outcome Lowered risk of gang involvement among participating youth PERFORMANCE MEASURES 2012 2013 General outreach (gang awareness seminars) 0 4 General outreach targeting low to moderate risk youth 0 250 Targeted outreach to high risk youth 0 30 City of Yakima GFI Implementation Plan 2013 Page 8 Social Interventions Strategy: Screening & Referral Screening or "Triage" is a brief assessment of the youth's current status to determine individual and family priorities It is important that team members create a protocol for screening and assessing new clients Outreach workers present information about prospective youth to the team, outlining how each youth meets the screening criteria The team members can then come to consensus about whether a youth is suitable for case management A screening team, including outreach workers and members of the Youth Development Team, should meet regularly to review the referral materials that have come in The screening process may indicate the need to refer the youth to crisis services Upon gathering all information and determining eligibility based on the established criteria, the screening team will make a determination They will also take into consideration the ability of the program to serve the family based on current caseloads A waiting list could be created in the future if we reach capacity Referral is an informal, ongoing process for reviewing information related to youth who show signs of being at risk of gang involvement or have been determined to be gang involved The referral process includes Youth Development Team review of screening and other information on referred youth, and the Teams decision about whether to add the youth to the caseload FY13 GFI Proposed Screening & Referral Service Partnership Yakima Police Activities League: Utilization of the Washington Assessment of Risk and Needs of Students to determine placement within the GRIP framework Program Output 50 youth screened with WARNS by December 31, 2013, Refer 50 youth by December 31, 2013 Outcome Lowered risk of gang involvement among participating youth Yakima County Juvenile Court- Utilization of the Washington Assessment of Risk and Needs of Students to determine placement within the GRIP framework Program Output 30 youth screened with WARNS by December 31, 2013, Refer 30 youth by December 31, 2013 Outcome Lowered risk of gang involvement among participating youth PERFORMANCE MEASURES 2012 2013 Complete WARNS screening 0 80 Complete referrals to GFI partner services 0 80 City of Yakima GFI Implementation Plan 2013 Page 9 Social Interventions Strategy: Individual Needs Assessment An individual needs assessment instrument should be developed to ascertain the status of each client when he is accepted into the project The assessment instrument should be used for diagnosis, placement, and treatment planning and applicable in a variety of settings (i e , school, fall, social service) Individual Needs Assessment targets: • Client goals, abilities, talents, and desires • Family situation and structure • Gang involvement of family members • Other family issues • Criminal history • Gang history (and gang affiliation) • School history • Gang climate in the client's neighborhood • Substance abuse or mental health issues • History of abuse or neglect • Client's employment history and skill levels • Special circumstances • Agencies that are currently serving the client • Possible safety issues involving the client • Court requirements FY13 GFI Proposed Screening & Referral Service Partnership Yakima Police Activities League. Use INA to diagnose, place, and plan treatment for high risk youth Program Output 30 youth INA's by December 31, 2013, 30 behavior modification plans by December 31, 2013 Outcome Lowered risk of gang involvement among participating youth PERFORMANCE MEASURES 2012 2013 Complete 30 INA's 0 30 Complete 30 Behavior Modification Plans 0 30 City of Yakima GFI Implementation Plan 2013 Page 10 Social Interventions Strategy: Behavioral & Family Interventions Behavioral interventions target individual gang members and youth at high risk of being involved with gangs GFI Partners will apply evidence -based interventions to help youth learn and experience positive alternatives Services provided include case management and individual /family counseling with a licensed /registered therapist One of the "Evidence Based Practices" recommended by the OJJDP is Multi- Systemic Therapy (MST) which is considered the cornerstone of behavioral interventions for gang involved youth The goal of MST is to reduce youth criminal activity and antisocial behaviors and to achieve these outcomes at a cost savings by decreasing rates of (re)incarceration and out -of -home placement MST aims to achieve these goals by empowering youth and parents with the skills and resources needed to independently address these difficulties and cope with their complex environmental and social problems Services engage the full system of the adolescents life starting with the parents (caregivers) Parents and caregivers are brought into the process and family members collaborate with MST therapists in designing a treatment plan What makes MST unique is the 'high intensity' treatment Unlike many other treatment models where the troubled youth sees a therapist at a clinic once a week, MST therapists go to the youth's home, school and community MST has high rates of treatment completion because therapists provide treatment in the families' homes and other community settings Going to the home overcomes the high dropout rates of other treatments because caregivers often have trouble getting families to appointments FY13 GFI Proposed Behavioral & Family Support Service Partnership TBD- Engaging 10 high risk youth in evidence -based behavioral intervention and family support services Program Output 10 youth by December 31, 2013 Outcome TBD PERFORMANCE MEASURES 2012 2013 Number of youth completing behavioral intervention 0 10 Number of families completing family support services 0 10 City of Yakima GFI Implementation Plan 2013 Page 11 Suppression Strategy Targeted Emphasis Patrols The Steering Committee recommends the City of Yakima expand the Targeted Emphasis Patrols as they serve to increase visibility and awareness that the police are in the area and prepared to act Targeted Emphasis Patrols can be charactenzed as an increase in either the certainty or seventy of official police reaction to gang activity in a specific area Targeted Emphasis Patrols are proactive and have been effective in addressing general crime problems in addition to the gang targets in and around Yakima With the recently established Yakima County Gang Court, a multiagency approach to targeting current gang members with suppression measures while also targeting entire gangs with police suppression is now possible Enhanced coordination can be achieved through Targeted Enforcement Teams consisting of gang unit investigators, a probation officer, a deputy district attorney, and a district attorney investigator The teams will work together to selectively incarcerate the most violent and repeat older gang offenders in the most violent gangs, enforce probation controls on younger, less violent gang offenders, and arrest gang leaders in "hot spots" of gang activity Once offenders are identified, they are monitored closely for new offenses and undergo intensive supervision when on probation for violation of probation terms and conditions Gang Related Cases by Month City of Yakima 200 Emphasis Patrols 0 100 - " -2009 -2010 50 - 0- i 11 1 1 1 1 JAN PCB MAR APR MAY JUN JUL AUG SCP OCT NOV DEC PERFORMANCE MEASURES 2012 2013 Increase parental notification and response No Data +10% Decrease incidence of graffiti violations 2507 (2011) -20% Increase citations for weapons violations 1089 (2010) +10% Increase number of Gang Units 1 2 City of Yakima GFI Implementation Plan 2013 Page 12 Organizational Change & Development Strategy: Coordination & Resource Development GFI Coordination is instrumental to ensuring a successful implementation of the strategic actions included in the plan Coordination services work to establish and maintain linkages between public and private partnerships ensuring effective utilization of resources directed toward the suppression, intervention and prevention objectives The coordination services with significant involvement from the GFI Advisory Group lead the partnership development activities over the past five months including identifying and recruiting service providers, facilitating the GFI Provider Orientation event held on August 1, 2012, and guiding the procurement process which resulted in four GFI services expansions and enhancements and four partnership agreement recommendations for City Council consideration The proposed agreements will be discussed in detail at the November 27th Study Session Services provided under the coordination agreement also include meeting facilitation, website development and main- tenance, and partner management Coordination services not only coordinate current resources to better align them with the GFI anti -gang mission but also provide technical support aimed at enhancing service delivery through the applica- tion of evidence based programs and activities These activities are ongoing In addition, development services (identifying and securing the necessary resources in support of plan implementation) are being conducted Development is critical to the long term sustainability of the GFI initiative Current GFI Development Activities Anti -Gang Strategies Program — DISCONTINUED Community Based Violence Prevention — UNSUCCESSFUL Title V Disproportionate Minority Contact — FUNDED $70,000 in partnership with Yakima County Juvenile Court $10,500 to City of Yakima Criminal Street Gangs — FUNDED $105,000 in partnership with Yakima County Juvenile Court $55,128 to City of Yakima GFI Gang Intervention Specialist PERFORMANCE MEASURES 2012 2013 Identify existing sustained resources that can be redirected toward the initiative 0 $280,000 Leverage the development activities of the partner network to better target the 0 4 service objectives of the initiative Participate in independent and collaborative grant and contract competitions 3 3 City of Yakima GFI Implementation Plan 2013 Page 13 Organizational Change & Development Strategy Youth & Family Development Center The purpose of the Youth & Family Development Center (YFDC) is to establish a physical location from which centralized management and coordination functions supporting the implementation of the Youth & Family Development Center Activities Community Action Plan would originate In addition, the YFDC would function as the • Positive Youth Development Programming (e g , Life Skills, community's anti gang 'forum" or single point Academic Enrichment, Career /Employment, Recreation) of access for information and services related • Information Dissemination to gang suppression, intervention and prevention The core function of the YFDC Is • Outreach to serve as the nucleus of the strategic actions described throughout this • Referrals & Screening comprehensive ants gang strategy • Individual Needs Assessments • Family Resource Services In addition, the YFDC would be home to the • parent Development Youth Development Team, Yakima Truancy Project, and GFI Advisory Group whose • Professional Development & Training functions are described in detail throughout this plan It is the recommendation of the Advisory Group that the CV of Yakima prioritizes the formation of a Youth & Family Development Center at one or more of the existing community centers and continues its support as a critical infrast ucture item FY13 GFI Proposed Screening & Referral Service Partnership People for People Gang Free Yakima Connections —Call in Resource and Referral Service Program Output Peak and Off Peak (TBD) telephone operators Outcome Improved access to information and services PERFORMANCE MEASURES 2012 2013 2014 Northeast YFDC 1 Ongoing Ongoing Southeast YFDC 0 1 Ongoing Northwest YFDC 0 0 1 Southwest YFDC 0 0 1 City of Yakima GFI Implementation Plan 2013 Page 14 Organizational Change & Development Strategy' Youth & Family Development Fund The Yakima City Council authorized the Yakima Gang Free Initiative Youth & Family Development Fund to support the implementation of the GFI Community Action Plan The Fund, totaling $140,000, represents 7% of the Council authorized utility tax increase approved on December 6, 2011 The Council's action supports the addition of 12 police officers along with the YFD Fund from the estimated $2,000,000 in new revenue generated from the tax The purpose of the Fund is to address criminal street gangs by helping to ensure that our youth avoid gang membership and activities, as well as other future criminal behavior by expanding critical intervention and prevention services into our areas of greatest need It is the intent to leverage local resources to support programs and activities that provide youth and families with the effective tools they need to resist criminal street gangs 2013 Youth & Family Development Fund Leverage City Investment — $140,000 Projected Partner Investments— $479,500 State & Federal Support — $65,628 ROI-3.8 :1 PERFORMANCE MEASURES 2012 2013 2014 I Partner Investment I 0 I $280,000 $560,000 I City of Yakima GFI Implementation Plan 2013 Page 15 Organizational Change & Development Strategy Gang Resistance & Intervention Framework A fully integrated behavioral health model is required in order to effectively intervene in the gang problem This would include a partnership among schools, law enforcement, social and behavioral health services and outreach agencies It is especially critical that outreach agencies work collaboratively with referral based agencies Collaboration, rather than coordination, raises the partnership to a level of equal responsibility and advisement of recommended programs Coordination alone often results in compartmentalizing each agency's role and leaves no one with a global understanding of the problem Schools Community Law & Justice Outreach Request Outreach Req.iest Outreach Request Outreach Screening & Referral Washington Assessment of Risks & Needs of Students i • % Juvenile Court Positive Youth -- Youth Development ° // e TPA m Developme Ind ividua fl eeds Assessment • Suppression \ Academic Support 1 } ' Services :. — ...--"'" 5u i! Behavioral Serrvices t Interventions r* f \, ,/ \, / City of Yakima GFI Implementation Plan 201 ' Page 16 Organizational Change & Development Strategy: Yakima Truancy Project The GFI Advisory Group established a Truancy Workgroup tasked with developing a collaborative truancy services model that incorporates the Youth and Family Development Center as a central location for service coordination The project has identified four key partners City of Yakima, Yakima School District, ESD105, and Yakima County Juvenile Court The project is designed to expand and enhance existing truancy support mechanisms such as Education Advocates (ESD105), Family Support Specialists (YSD), Case Trackers (Juvenile Court) and Case Managers (Juvenile Court) The workgroup has been using the Family Truancy Intervention Program as the evidence -based model with one modification The modification is the addition of Cultural Advocates to address family readiness factors and bridge the cultural gap between the school and family The workgroup is finalizing the program design and will be conducting vigorous development (fund raising) activities in 2013 The workgroup met on June 5, June 26, July 10, July 31, and August 21 *The Yakima Truancy Project Is not a truancy center concept but rather a Truancy services cooperative effort between key resources Yakima Truancy Project Key Components Service Component Partner Family Advocates TBD Student Support Specialists Yakima School District Education Advocates ESD 105 Case Trackers Juvenile Court Case Manager Juvenile Court PERFORMANCE MEASURES 2010 2015 Reduce Truancy Rate (Grades 1 -8) 674/1,000 500/1,000 Reduce Truancy Rate (Grades 9 -12) 1,011/1,000 500/1,000 City of Yakima GFI Implementation Plan 2013 Page 17 Fundin g the Initiative Costs for the services described in this document have been negotiated with each of the GFI partners The table below provides a total cost projection based on the negotiated amounts for each service including source of funding It Is important to note that two critical components of the GFI strategy have not been developed They include behavioral interventions and family support services An estimated amount based on local averages for like services has been inserted for budget planning purposes The total projected cost to implement the GFI services through December 31, 2013 is $685,128 Administrative costs are projected at $116,549 ($86,354 for Project Coordination and $30,240 for Development) for a grand total of $801,677 100% of the funds have GFI Funding Distribution been secured for FY2013 Partner Agencies $419,500 (60%) Development activities would need to secure an additional $108,000 to City YFDF: $140,000 (17%) fund the required Behavioral Interventions and Family Support services City GFI Administration: $116,549 (15 %) Development activities are underway to secure this additional funding State of Washington: $65,628 (8 %) Yakima Partner Evidence Based Program/ # City Partner County Gang Total Project Activity Served Investment Investment Commission Cost Investment Juvenile Court Targeted Outreach 30 $ 0 00 $ 0 00 $ 38,628 00 $ 38,628 00 YPAL General Outreach 240 $ 19,375 00 $ 38,750 00 $ 0 00 $ 58,125 00 Juvenile Court Screening & Referral 30 $ 0 00 $ 0 00 $ 0 00 $ 0 00 YPAL Screening & Referral 60 $ 19,375 00 $ 38,750 00 $ 0 00 $ 58,125 00 People for People Screening & Referral 60 $ 9,250 00 $ 18,500 00 $ 0 00 $ 27,750 00 People for People Call Center (211) NA $ 9,250 00 $ 18,500 00 $ 0 00 $ 27,750 00 Madison House Tutoring 50 $ 11,000 00 $ 34,500 00 $ 0 00 $ 45,500 00 YPAL Life Skills 120 $ 22,000 00 $ 66,000 00 $ 11,000 00 $ 99,000 00 YMCA ASPIRE Mentoring 60 $ 0 00 $ 30,000 00 $ 15,000 00 $ 45,000 00 YPAL & YVFWC Individual Needs Assessment 50 $ 38,750 00 $ 77,500 00 $ 0 00 $ 116,250 00 TBD Behavioral Interventions 10 $ 6,000 00 $ 22,000 00 $ 1,000 00 $ 29,000 00 TBD Family Support 10 $ 5,000 00 $ 50,000 00 $ 0 00 $ 55,000 00 YPAL Facilities Management NA $ 0 00 $ 85,000 00 $ 0 00 $ 85,000 00 All Partners Multidisciplinary Team 30 $ 0 00 $ 0 00 $ 0 00 $ 0 00 R01=3.8.1 $ 140,000.00 $ 479,500.00 $ 65,628.00 $ 685,128.00 Magallan Consultancy Coordination Services $ 86,354 00 $ 0 00 $ 0 00 $ 86,354 00 Magallan Consultancy Development Services $ 30,240 00 $ 0 00 $ 0 00 $ 30,240 00 Total Administrative Costs $ 116,549 00 $ 0 00 $ 0 00 $ 116,549 00 GRANT TOTAL $ 256,549 00 $ 479,500 00 $ 65,628 00 $ 801,677 00 City of Yakima GFI Implementation Plan 2013 Page 18 GFI Long-term Impact OUTCOME INDICATORS Baseline 2016 Juvenile Crime Rate 580 >300 Self- reporting Gang Membership (Washington Healthy Youth Survey) 7% (2010) 3 5% Yakima Murder Rate (Gang related) 4 (2010) 2 City of Yakima GFI Implementation Plan 2013 Page 19 GANG FREE INITIATIVE IMPLEMENTATION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA FAMILY YMCA This AGREEMENT is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation, located at 129 North 2 Street, Yakima, WA 98901 (hereinafter referred to as CITY), and YAKIMA FAMILY YMCA, a non - profit corporation, located at 5 North Naches Avenue, Yakima, WA 98901 (hereinafter referred to as CONTRACTOR). WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan; and WHEREAS, the City of Yakima at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family.Development Programming to accomplish certain goals of the Yakima GFI, and WHEREAS, YAKIMA FAMILY YMCA, a Washington State non - profit corporation, experienced in Youth and Family Development Programming, has proposed to provide mentoring service to youth at risk of or involved in gangs; and WHEREAS, YAKIMA FAMILY YMCA has the desired qualification to provide these services; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and YAKIMA FAMILY YMCA as follows 1. Scope of Services. The CONTRACTOR agrees to perform these services and work for the CITY in accordance with and as described in the following A. RFP documents No. 11221, attached hereto and incorporated herein by this reference, and B. Contractor Proposal submitted in response to RFP No.11221, and dated September 20, 2012, attached hereto and incorporated herein by this reference, and C. Addendum #1 to Contractor Proposal, "Negotiated Scope of Work for City of Yakima ", attached hereto and incorporated herein by this reference. D. Communication: Regularly communicate with the City of Yakima's Gang Free Initiative (GFI) Director to assure mutual understanding of the work to be performed and the satisfactory completion thereof. GFI Service Provider Agreement/ YMCA/ page 1 E. Background Screening for Contractor and associates' CONTRACTOR shall submit a current list of names, and assignments of all employees and volunteers who will perform work under this Agreement. Prior to each employee and /or volunteer performing work under this Agreement, the CONTRACTOR employee or volunteer must complete and pass a criminal background check. All CONTRACTOR personnel shall pass a Washington Access to Criminal History (WATCH) background check offered by the State Patrol. There will be no exceptions and no substitutions of personnel without prior approved background clearance checks. Background checks will be conducted by the CONTRACTOR, at no cost to the City. Background checks from other sources are not acceptable. Background checks must be provided to the City: 1. Current City employees who have previously undergone a City background check shall not be required to be re- checked. 2. All CONTRACTOR and sub - contractor employees working on this Agreement must be clear of any sexual and drug related convictions. All CONTRACTOR and sub - contractor employees shall be free from any felony convictions 3. Throughout the life of the Agreement, the City reserves the right to request updated background checks or to have them completed again. F. Changes in Personnel. Changes in the employment and volunteer list shall be reported to Magallan Consultancy GFI Coordinator (509 -469- 0591), no less than five (5) business days before the requested changes are to become effective. G. Marketing Materials. CONTRACTOR shall ensure that all marketing materials and announcements for the project are co- branded with the City of Yakima as a partner in the project, and official logos of the City of Yakima shall be used to represent the city in said materials. These materials include, but are not limited to program brochures, agency reports, print advertisements, posters, internet/website portals, radio and television public service announcements, shirts, hats, etc. 2. Term of Agreement. The term of this agreement shall begin upon execution by both parties and shall terminate upon the completion of all services required hereunder by the CONTRACTOR, but no later than December 31, 2013 unless terminated earlier by the CITY in accordance with Section 11 of this Agreement, or in the event of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.). GFI Service Provider Agreement/ YMCA/ page 2 3. Consideration. As consideration for the services performed under this Agreement, the CITY agrees to compensate the CONTRACTOR in accord with the following terms: A. In consideration for the performance by the CONTRACTOR in accordance with this Agreement the CITY agrees to pay an amount not to exceed Fifteen Thousand Dollars ($15,000.00) to the CONTRACTOR for the work, as set forth in the RFP documents, at the time and manner upon fulfillment of the conditions provided. The amount shall not exceed the said amount without written prior approval from the CITY. B. The CONTRACTOR shall invoice CITY monthly for services performed under this Agreement. The CONTRACTOR shall submit a monthly invoice no later than the 20th day of the month following the month in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month. The amount of the invoice shall be for one - twelfth of the annual Agreement Amount for the current Agreement year. Invoices shall be sent to: MagaIlan Consultancy LLC, ATTN: City of Yakima GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901. The GFI Director is obligated to promptly review invoices and submit to the City. The CITY will reimburse the CONTRACTOR within thirty (30) days of receipt of a valid invoice for the amount of payment due. CITY shall return any invalid or incomplete invoice to the CONTRACTOR within thirty (30) days after CITY receives the invoice. An explanation will accompany the invoice that states the reason for return and any information needed to correct the invoice. Final invoices for services provided under this agreement shall be submitted by the CONTRACTOR no later than ninety (90) days following the termination of the agreement. 4. Independent CONTRACTOR A. No agency, employment, joint venture or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this agreement. Inasmuch as CITY is interested in the CONTRACTOR's end product, CITY does not control the manner in which the CONTRACTOR performs this agreement. CITY is not liable for workers' compensation or unemployment compensation payments required by the State of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities that result from compensation paid to the CONTRACTOR by CITY. CITY will report any payment made under this agreement to the Internal Revenue Service on Form 1099. B. No provision contained in this agreement shall be construed as entitling the CONTRACTOR to participate in hospital plans, medical plans, sick leave benefits, vacation, and other benefits available to employees of CITY. GFI Service Provider Agreement/ YMCA/ page 3 C. The CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to conduct business in Washington have been obtained and are operative. If at any time during the agreement period the CONTRACTOR becomes disqualified from conducting business in Washington, for whatever reason, the CONTRACTOR shall immediately notify CITY of the disqualification. D. The CONTRACTOR shall neither perform work nor submit an invoice for payment for work performed under this agreement for any time period after the termination date set forth in Section 2, above. E. The CONTRACTOR shall furnish its own support staff, materials, equipment and services as necessary for the satisfactory performance of the work described in Section 1, above. Unless otherwise specified in this agreement, CITY will not provide any other staff, services, or material to the CONTRACTOR for the purpose of assisting the CONTRACTOR in the performance of this agreement. 5. Location and Site Use The Yakima Gang Free Initiative Youth and Family Development Center will be located in the Miller Park Activity Center at 604 North Fourth Street, Yakima, Washington. The CITY has contracted with the Yakima Police Athletic League (YPAL) to manage, operate, and maintain the Miller Park Activity Center consistent with City policies. (a) Maintenance of work area. The CONTRACTOR shall keep their immediate work area neat, clean, and in good repair; ordinary wear and tear resulting from careful usage and damage by the elements without fault on the part of the CONTRACTOR alone excepted. (b) Defects. If the CONTRACTOR becomes aware of a defect in the facility, the CONTRACTOR shall immediately notify the YPAL Director or the CITY. (c) Confidential Information. All confidential information should be secured by the CONTRACTOR prior to leaving the center. (d) Alterations, Modifications and Capital Improvements. The CONTRACTOR shall make no alteration, modification, and /or capital improvements to the Center building and surrounding property as legally described herein without the prior written consent of the CITY. Any such alterations, modifications, and /or capital improvements shall be made at the sole expense and cost of the CONTRACTOR unless otherwise provided by mutual written agreement of the parties (e) Personal Property. The CONTRACTOR shall be responsible for the possession, use, and maintenance of all personal property (including personal property of the City) located at the Center and shall take all GFI Service Provider Agreement/ YMCA/ page 4 reasonable steps to ensure that such personal property is not removed from the Center. The CITY shall be responsible for the repair or replacement of personal property that is owned by the CITY, unless the damage or necessity for repair of the personal property was caused by the CONTRACTOR or results from the negligent use of the personal property by the CONTRACTOR. (f) Prohibition Against Possession and /or Consumption of Intoxicating Liquor and /or Marijuana or Marijuana Products. The CONTRACTOR shall not permit any party to possess and /or consume any intoxicating liquor, beer, wine and /or similar beverage /substance, marijuana, and /or marijuana products at the Center and the surrounding property as legally described herein during the term of this Agreement. 6. Hold Harmless A., CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, the YAKIMA POLICE ATHLETIC LEAGUE, their elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of CONTRACTOR, its elected and appointed officials, officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of CITY, its elected and appointed officials, officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. C. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7. Insurance At all times during performance of the Services, CONTRACTOR shall secure and maintain in effect insurance to protect the CITY, Yakima Police Athletic League and the CONTRACTOR from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. CONTRACTOR shall provide and maintain in force insurance in limits no GFI Service Provider Agreement/ YMCA/ page 5 Tess than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. A. General Liability Insurance. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000 00) general aggregate. B. Automobile Liability Insurance. B. If CONTRACTOR owns any vehicles, before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of automobile liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. If CONTRACTOR does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance ". C. Professional Liability Coverage. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the CONTRACTOR 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. 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 Agreement. D. Under all situations described in this Section the required certificate of insurance shall: Clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect; and ii. Said policy shall be in effect for the duration of this Agreement; and GFI Service Provider Agreement/ YMCA/ page 6 iii. The policy shall name the CITY, the Yakima Police Athletic League, their elected and appointed officials, officers, agents, employees, and volunteers as additional insureds; and iv. Shall contain a clause that the CONTRACTOR 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); and v. 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. 8. Conflict of Interest and Ethics Laws A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR has interest, personal or otherwise, direct or indirect, which is. incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities under this agreement. B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR shall, prior to the completion of such work and payment for such work, acquire any interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of such work. C. The CONTRACTOR shall not promise or give to any CITY employee anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties. The CONTRACTOR shall not solicit a CITY employee to violate any CITY rule or policy relating to the conduct of contracting parties. D. Nondiscrimination. During the performance of the Agreement, the CONTRACTOR shall not discriminate in violation of any applicable federal state, and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this agreement. GFI Service Provider Agreement/ YMCA/ page 7 E. The Americans with Disabilities Act. CONTRACTOR shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. F. Compliance with Laws. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement. G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The CONTRACTOR shall immediately notify the CITY if during the term of the agreement it becomes debarred. In the event of such debarment, the CITY may immediately terminate this Agreement by giving written notice to CONTRACTOR. 9. Records, Documents, and Information. All records, documents, writings or other information produced or used by the CONTRACTOR in the performance of this agreement shall be treated according to the following terms: A. The CITY is required by law to comply with the Washington State Public Records Act (PRA). All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the CITY. B. All CITY information which, under the laws of the State of Washington, is classified as public or private, will be treated as such by the CONTRACTOR. Where there is a question as to whether information is public or private, CITY shall make the final determination. The CONTRACTOR shall not use any information, systems, or records made available to it for any purpose other than to fulfill the agreement duties specified herein. The CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of CITY and the State of Washington. The terms of this section shall be included in any subcontracts executed by the CONTRACTOR for work under this agreement. C. All proprietary information of the CONTRACTOR shall be held to be strictly confidential by CITY. Proprietary information is information which, if made public, would put the CONTRACTOR at a disadvantage in the market place and trade of which the CONTRACTOR is a part. The CONTRACTOR is responsible for notifying CITY of the nature of the information prior to its release to CITY. CITY reserves the right to require reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any information to be provided. GFI Service Provider Agreement/ YMCA/ page 8 D. All records relating to costs, work performed and supporting documentation for invoices submitted to CITY by the CONTRACTOR shall be retained and made available by the CONTRACTOR for audit by the State of Washington (including but not limited to CITY, the Auditor of the State of Washington, the Inspector General or duly authorized law enforcement officials) and agencies of the United States government for a minimum of three years after payment for work performed under this agreement. If an audit, litigation, or other action is initiated during this time period, the CONTRACTOR shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later. 10. Rights in Deliverables, Data and Copyrights. The, Deliverables provided by the CONTRACTOR under Section 1 and any item produced under this agreement, including any documents, data, photographs and negatives, electronic reports, records, software, source code, or other media, shall become the property of CITY which shall have an unrestricted right to reproduce, distribute, modify, maintain, and use the Deliverables. The CONTRACTOR shall not obtain copyright, patent, or other proprietary protection for the Deliverables. The CONTRACTOR shall not include in any Deliverable any copyrighted matter, unless the copyright owner gives prior written approval to use such copyrighted matter. 11. Suspension and Termination A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of termination, terminate this Agreement as to all or any portion of the Services not then performed, whether or not CONTRACTOR is in breach or default, and with or without cause. Upon receipt of any such notice of termination, the CONTRACTOR shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. CONTRACTOR shall have the same termination rights as the City as specified in Section 11. B. In the event of termination pursuant to section 11A, the CONTRACTOR, shall take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report, as of the date of receipt of notice of suspension or termination describing the status of all work under this agreement, including without limitation, results accomplished, conclusions resulting therefrom, and such other matters as CITY may require. In the event of suspension or termination under this Article, the CONTRACTOR shall be entitled to compensation, upon submission of a proper invoice, for the work performed prior to receipt of notice of termination or suspension, which shall be calculated by CITY based on the rate set forth in Section 3. CITY shall not be liable for any further claims, and the claims submitted by the CONTRACTOR shall not exceed the total amount of compensation allowed by this agreement. GFI Service Provider Agreement/ YMCA/ page 9 C. If the City purports to terminate or cancel all or any part of this Agreement for CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default which would permit termination or cancellation; such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 11A and the rights of the parties shall be determined accordingly. 12. Breach or Default A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of this Agreement, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and /or compensation due the CONTRACTOR shall be decided by the CITY'S Agreement Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Agreement Representative shall be final and conclusive, subject to the CONTRACTOR'S right to seek judicial relief pursuant to this Section. B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations or duties embodied in this agreement, CITY may exercise all administrative, contractual, equitable or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of subsequent occurrences, and CITY retains the right to exercise all remedies hereinabove mentioned. C. If CITY or the CONTRACTOR fails to perform an obligation or obligations under this agreement and thereafter such failure is waived by the other party, such waiver shall be limited to the particular failure so waived and shall not be deemed to waive other failures hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the CITY contract manager. D. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA, Washington. 13. Amendments This writing constitutes the entire agreement between the parties with respect to all matters herein. This agreement may be amended only by a writing signed by both parties. However, it is agreed by the parties that any amendments to laws or regulations cited herein will result in the correlative modification of this agreement, without the necessity for executing written amendments. Any written amendments to this agreement shall be prospective in nature. When a new or different term or condition is added, additional consideration is not necessary to bind the parties. 14. Assignment The CONTRACTOR shall not assign any interest (including subcontracts) in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of CITY. Any such GFI Service Provider Agreement/ YMCA/ page 10 assignments or subcontracts shall be submitted for CITY's review ninety (90) days prior to the desired effective date. Approval by CITY shall not be deemed to increase in any manner the total compensation provided for in this agreement. 15. Drug Free Workplace The CONTRACTOR shall comply with all` applicable state and federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR shall make a good faith effort to ensure that all employees of the CONTRACTOR do not purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription drugs in any way while working on state, county, or municipal property. 16. Construction This agreement shall be governed, construed and enforced in accordance with the laws of the State of Washington. Should any portion of this agreement be found unenforceable by operation of statute or by administrative or judicial decision, the enforceability of the balance of this agreement shall not be affected thereby, provided that the absence of the unenforceable provision does not render the performance of the remainder of the agreement impossible. 17. Written Notices All written notices required by this Agreement shall be in writing and deemed received if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage pre -paid, to the addresses set forth hereunder or to such other addresses designated in writing by any of the parties in accordance with this provision. In case of CITY, to: Anthony O'Rourke City Manager 129 North Second Street Yakima, WA 98901 In case of CONTRACTOR, to: Bob Romeo Executive Director 5 North Naches Avenue Yakima, WA 98901 18. 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. GFI Service Provider Agreement/ YMCA/ page 11 IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. CITY CONTACTOR Anthony O'Rourke Bob Romero City Manager Executive Director Signature Signature Date: Date' GFI Service Provider Agreement/ YMCA/ page 12 ADDENDUM #1 NEGOTIATED SCOPE OF WORK YAKIMA FAMILY YMCA ASPIRE PROGRAM PROGRAMMING OBJECTIVES: Positive Youth Development, Outreach, Individual Assessment YMCA will expand its ASPIRE Program to include on -site mentoring for youth in the Northeast Yakima target area. The YMCA will work with Barge - Lincoln and Garfield Elementary Schools to create after school mentoring activities. These program sessions will include fun activities, snacks, homework assistance and one -on -one discussion periods. Lunch -time mentor visits will also be part of the on -site program. Some on -site sessions will also be held at the YMCA to utilize the pool and other facility features. The objective of these matches is to connect high -risk students with caring adult mentors who can encourage, inspire and teach them. Character development and educational achievement are focal points of the mentoring relationship. Objective 1' Provide site -based mentoring services to 60 youth at risk of or involved in gangs annually. Deliverable(s) Quarterly Mentoring Report Target Date' Due the 15 following the end of each quarter. Outputs: 60 GFI Mentee /Mentor matches by June 30, 2013. GFI Service Provider Agreement/ YMCA/ page 13 GANG FREE INITIATIVE IMPLEMENTATION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA POLICE ATHLETIC LEAGUE This AGREEMENT is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation, located at 129 North 2 Street, Yakima, WA 98901 (hereinafter referred to as CITY), and YAKIMA POLICE ATHLETIC LEAGUE, a non - profit corporation, located at 602 North 4th Street, Yakima, WA 98901 (hereinafter referred to as CONTRACTOR). WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan; and WHEREAS, the City of Yakima at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI; and WHEREAS, YAKIMA POLICE ATHLETIC LEAGUE, a Washington State non- profit corporation, experienced in Youth and Family Development Programming, has proposed to offer positive youth development, outreach and assessment programs, and WHEREAS, YAKIMA POLICE ATHLETIC LEAGUE has the.desired qualification to provide these services; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and YAKIMA POLICE ATHLETIC LEAGUE as follows. 1. Scope of Services. The CONTRACTOR agrees to perform these services and work for the CITY in accordance with and as described in the following A. RFP documents No. 11221, attached hereto and incorporated herein by this reference; and B. Contractor Proposal submitted in response to RFP No 11221, and dated September 20, 2012, attached hereto and incorporated herein by this reference; and C. Addendum #1 to Contractor Proposal, "Negotiated Scope of Work for City of Yakima ", attached hereto and incorporated herein by this reference. D. Communication' Regularly communicate with the City of Yakima's Gang Free Initiative (GFI) Director to assure mutual understanding of the work to be performed and the satisfactory completion thereof. GFI Service Provider Agreement/ YPAL/ page 1 E. Background Screening for Contractor and associates. CONTRACTOR shall submit a current list of names, and assignments of all employees and volunteers who will perform work under this Agreement. Prior to each employee and /or volunteer performing work under this Agreement, the CONTRACTOR employee or volunteer must complete and pass a criminal background check. All CONTRACTOR personnel shall pass a Washington Access to Criminal History (WATCH) background check offered by the State Patrol. There will be no exceptions and no substitutions of personnel without prior approved background clearance checks. Background checks will be conducted by .the CONTRACTOR, at no cost to the City. Background checks from other sources are not acceptable. Background checks must be provided to City 1. Current City employees who have previously undergone a City background check shall not be required to be re- checked. 2 All CONTRACTOR and sub - contractor employees working on this Agreement must be clear of any sexual and drug related convictions. All CONTRACTOR and sub - contractor employees shall be free from any felony convictions. 3. Throughout the life of the Agreement, the City reserves the right to request updated background checks or to have them completed again. F. Changes in Personnel. Changes in the employment and volunteer list shall be reported to Magallan Consultancy GFI Coordinator (509 -469- 0591), no Tess than five (5) business days before the requested changes are to become effective. G Marketing Materials. CONTRACTOR shall ensure that all marketing materials and announcements for the project are co- branded with the City of Yakima as a partner in the project, and official logos of the City of Yakima shall be used to represent the city in said materials. These materials include, but are not limited to. program brochures, agency reports, print advertisements, posters, internet /website portals, radio and television public service announcements, shirts, hats etc. 2. Term of Agreement. The term of this agreement shall begin upon execution by both parties and shall terminate upon the completion of all services required hereunder by the CONTRACTOR, but no later than December 31, 2013 unless terminated earlier by the CITY in accordance with Section 11 of this Agreement, or in the event of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.). 3. Consideration. As consideration for the services performed under this Agreement, the CITY agrees to compensate the CONTRACTOR in accord with the following terms: GFI Service Provider Agreement/ YPAL/ page.2 A. In consideration for the performance by the CONTRACTOR in accordance with this Agreement the CITY agrees to pay an amount not to exceed one hundred ten thousand and five hundred Dollars ($110,500.00) to the CONTRACTOR for the work, as set forth in the RFP documents, at the time and manner upon fulfillment of the conditions provided. The amount shall not exceed the said amount without written prior approval from the CITY. B. The CONTRACTOR shall invoice CITY monthly for services performed under this Agreement. The CONTRACTOR shall submit a monthly invoice no later than the 20th day of the month following the month in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month. The amount of the invoice shall be for one- twelfth of the annual Agreement Amount for the current Agreement year. Invoices shall be sent to: MagaIlan Consultancy LLC, ATTN: City of Yakima GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901. The GFI Director is obligated to promptly review invoices and submit to the City. The CITY will reimburse the CONTRACTOR within thirty (30) days of receipt of a valid invoice for the amount of payment due. CITY shall return any invalid or incomplete invoice to the CONTRACTOR within thirty (30) days after CITY receives the invoice. An explanation will accompany the invoice that states the reason for return and any information needed to correct the invoice. Final invoices for services provided under this agreement shall be submitted by the CONTRACTOR no later than ninety (90) days following the termination of the agreement. 4. Independent CONTRACTOR A. No agency, employment, joint venture or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this agreement. Inasmuch as CITY is interested in the CONTRACTOR's end product, CITY does not control the manner in which the CONTRACTOR performs this agreement. CITY is not liable for workers' compensation or unemployment compensation payments required by the State of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities that result from compensation paid to the CONTRACTOR by CITY. CITY will report any payment made under this agreement to the Internal Revenue Service on Form 1099. B. No provision contained in this agreement shall be construed as entitling the CONTRACTOR to participate in hospital plans, medical plans, sick leave benefits, vacation, and other benefits available to employees of CITY. C. The CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to conduct business in Washington have been obtained and are GFI Service Provider Agreement/ YPAL/ page 3 operative. If at any time during the agreement period the CONTRACTOR becomes disqualified from conducting business in Washington, for whatever reason, the CONTRACTOR shall immediately notify CITY of the disqualification. D. The CONTRACTOR shall neither perform work nor submit an invoice for payment for work performed under this agreement for any time period after the termination date set forth in Section 2, above. E. The CONTRACTOR shall furnish its own support staff, materials, equipment and services as necessary for the satisfactory performance of the work described in Section 1, above. Unless otherwise specified in this agreement, CITY will not provide any other staff, services, or material to the CONTRACTOR for the purpose of assisting the CONTRACTOR in the performance of this agreement. 5. Location and Site Use The Yakima Gang Free Initiative Youth and _ Family Development Center will be located in the Miller Park Activity Center at 604 North Fourth Street, Yakima, Washington. The CITY has contracted, in a separate agreement, for the Yakima Police Athletic League (YPAL) to manage, operate, and maintain the Miller Park Activity Center consistent with City policies. (a) Confidential Information. All confidential information should be secured by the CONTRACTOR prior to leaving the center. (b) Prohibition Against Possession and /or Consumption of Intoxicating Liquor and /or Marijuana or Marijuana Products. The CONTRACTOR shall not permit any party to possess and /or consume any intoxicating liquor, beer, wine and /or similar beverage /substance, marijuana, and /or marijuana products at the Center and the surrounding property as legally described herein during the term of this.Agreement. 6. Hold Harmless A. CONTRACTOR 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, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of CONTRACTOR, its elected and appointed officials, officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, GFI Service Provider Agreement/ YPAL/ page 4 costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of CITY, its elected and appointed officials, officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. C Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7. Insurance At all times during performance of the Services, CONTRACTOR shall secure and maintain in effect insurance to protect the CITY and the CONTRACTOR from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. CONTRACTOR shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. A. General Liability Insurance. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. B. Automobile Liability Insurance. B. If CONTRACTOR owns any vehicles, before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of automobile liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. If CONTRACTOR does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance ". C. Professional Liability Coverage. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the CONTRACTOR 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 GFI Service Provider Agreement/ YPAL/ page 5 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. 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 Agreement. D. Under all situations described in this Section the required certificate of insurance shall: Clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect; and ii. Said policy shall be in effect for the duration of this Agreement; and iii. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds; and iv. Shall contain a clause that the CONTRACTOR 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), and v. 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. 8. Conflict of Interest and Ethics Laws A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR has interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities under this agreement. B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR shall, prior to the completion of such work and payment for such work, acquire any interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of such work. C. The CONTRACTOR shall not promise or give to any CITY employee anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties. The GFI Service Provider Agreement/ YPAL/ page 6 CONTRACTOR shall not solicit a CITY employee to violate any CITY rule or policy relating to the conduct of contracting parties. D. Nondiscrimination. During the performance of the Agreement, the CONTRACTOR shall not discriminate in violation of any applicable federal state, and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or -termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this agreement. E. The Americans with Disabilities Act. CONTRACTOR shall comply with the Americans with. Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. F Compliance with Laws. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement. G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The CONTRACTOR shall immediately notify the CITY if during the term of the agreement it becomes debarred. In the event of such debarment, the CITY may immediately terminate this Agreement by giving written notice to CONTRACTOR. 9. Records, Documents, and Information. All records, documents, writings or other information produced or used by the CONTRACTOR in the performance of this agreement shall be treated according to the following terms: A. The CITY is required by law to comply with the Washington State Public Records Act '(PRA). All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the CITY. B. All CITY information which, under the laws of the State of Washington, is classified as public or private, will be treated as such by the CONTRACTOR. Where there is a question as to whether information is public or private, CITY shall make the final determination. The CONTRACTOR shall not use any information, systems, or records made available to it for any purpose other than to fulfill the agreement duties specified herein. The CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of GFI Service Provider Agreement/ YPAL/ page 7 • CITY and the State of Washington. The terms of this section shall be included in any subcontracts executed by the CONTRACTOR for work under this agreement. C. All proprietary information of the CONTRACTOR shall be held to be strictly confidential by CITY. Proprietary information is information which, if made public, would put the CONTRACTOR at a disadvantage in the market place and trade of which the CONTRACTOR is a part. The CONTRACTOR is responsible for notifying CITY of the nature of the information prior to its release to CITY. CITY reserves the right to require reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any information to be provided. D. All records relating to costs, work performed and supporting documentation for invoices submitted to CITY by the CONTRACTOR shall be retained and made available by the CONTRACTOR for audit by the State of Washington (including . but not limited to CITY, the Auditor of the State of Washington, the Inspector General or duly authorized law enforcement officials) and agencies of the United States government for a minimum of three years after payment for work performed under this agreement. If an audit, litigation, or other action is initiated during this time period, the CONTRACTOR shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later. 10. Rights in Deliverables, Data and Copyrights. The Deliverables provided by the CONTRACTOR under Section 1 and any item produced under this agreement, including any documents, data, photographs and negatives, electronic reports, records, software, source code, or other media, shall become the property of CITY which shall have an unrestricted right to reproduce, distribute, modify, maintain, and use the Deliverables The CONTRACTOR shall not obtain copyright, patent, or other proprietary protection for the Deliverables. The CONTRACTOR shall not include in any Deliverable any copyrighted matter, unless the copyright owner gives prior written approval to use such copyrighted matter. 11. Suspension and Termination A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of termination, terminate this Agreement as to all or any portion of the Services not then performed, whether or not CONTRACTOR is in breach or default, and with or without cause. Upon receipt of any such notice of termination, the CONTRACTOR shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. CONTRACTOR shall have the same termination rights as the City as specified in Section 11. B. In the event of termination pursuant to section 11A, the CONTRACTOR, shall take all necessary or appropriate steps to limit disbursements and minimize GFI Service Provider Agreement/ YPAL/ page 8 costs, and furnish a report, as of the date of receipt of notice of suspension or termination describing the status of all work under this agreement, including without limitation, results accomplished, conclusions, resulting therefrom, and such other matters as CITY may require. - In the event of suspension or termination under this Article, the CONTRACTOR shall be entitled to compensation, upon submission of a proper invoice, for the work performed prior to receipt of notice of termination or suspension, which shall be calculated by CITY based on the rate set forth in Section 3. CITY shall not be liable for any further claims, and the claims submitted by the CONTRACTOR shall not exceed the total amount of compensation allowed by this agreement. C. If the City purports to terminate or cancel all or any part of this Agreement for CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default which would permit termination or cancellation, such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 11A and the rights of the parties shall be determined accordingly. 12. Breach or Default A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of this Agreement, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and /or compensation due the CONTRACTOR shall be decided by the CITY'S Agreement Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Agreement Representative shall be final and conclusive, subject to the CONTRACTOR'S right to seek judicial relief pursuant to this' Section. B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations or duties embodied in this agreement, CITY may exercise all administrative, contractual, equitable or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of subsequent occurrences, and CITY retains the right to exercise all remedies hereinabove mentioned. C. If CITY or the CONTRACTOR fails to perform an obligation or obligations under this agreement and thereafter such failure is waived by the other party, such waiver shall be limited to the particular failure so waived and shall not be deemed to waive other failures hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the CITY contract manager. D. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA, Washington. GFI Service Provider Agreement/ YPAL/ page 9 13. Amendments This writing constitutes the entire agreement between the parties with respect to all matters herein. This agreement may be amended only by a writing signed by both parties. However, it is agreed by the parties that any amendments to laws or regulations cited herein will result in the correlative modification of this agreement, without the necessity for executing written amendments. Any written amendments to this agreement shall be prospective in nature. When a new or different term or condition is added, additional consideration is not necessary to bind the parties. 14. Assignment The CONTRACTOR shall not assign any interest (including subcontracts) in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of CITY. Any such assignments or subcontracts shall be submitted for CITY's review ninety (90) days prior to the desired effective date. Approval by CITY shall not be deemed to increase in any manner the total compensation provided for in this agreement. 15. Drug Free Workplace The CONTRACTOR shall comply with all applicable state and federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR shall make a good faith effort to ensure that all employees of the CONTRACTOR do not purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription drugs in any way while working on state, county, or municipal property. 16. Construction This agreement shall be governed, construed and enforced in accordance with the laws of the State of Washington. Should any portion of this agreement be found unenforceable by operation of statute or by administrative or judicial decision, the enforceability of the balance of this agreement shall not be affected thereby, provided that the absence of the unenforceable provision does not render the performance of the remainder of the agreement impossible. 17. Written Notices All written notices required by this Agreement shall be in writing and deemed received if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage pre -paid, to the addresses set forth hereunder or to such other addresses designated in writing by any of the parties in accordance with this provision. In case of CITY, to. Anthony O'Rourke City Manager 129 North Second Street Yakima, WA 98901 In case of CONTRACTOR, to: Linda Kraft Executive Director 1602 North 1st Street GFI Service Provider Agreement/ YPAL/ page 10 Yakima, WA 98903 18. Survival. Any provision 'of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. CITY CONTACTOR Anthony O'Rourke Linda Kraft City Manager Executive Director Signature Signature Date: Date: GFI Service Provider Agreement/ YPAL/ page 11 GFI Service Provider Agreement/ YPAL/ page 12 ADDENDUM #1 YAKIMA POLICE ATHLETIC LEAGUE NEGOTIATED SCOPE OF WORK PROGRAMMING OBJECTIVES: POSITIVE YOUTH DEVELOPMENT, OUTREACH, ASSESSMENT YPAL Life Skills program provides targeted youth with immediate help in the areas of health and wellness; anger, time, and money management; and educational tutoring for the express purpose of mentoring the youth into responsible, positive citizens. Objective 1: Provide life skills programming to 120 youth at risk of gang involvement annually during nonschool hours (3 p.m. — 6 p.m. and weekends). Deliverable(s). Life Skills Program Quarterly Report. Target Date: Due the 15 day following the end of each quarter. Outputs: Three 12 -week life skills program series with up to 40 youth each. 120 youth completing life skills series by October 31, 2013. YPAL outreach services will build ongoing and pro - social relationship with youth and families while linking them to appropriate services. Outreach activities such as recreation and arts will be carefully integrated with existing and new prevention services not to become a primary focus, but rather a means to build relationships with clients and provide access to essential resources and services. Objective 1: Develop outreach policies and procedures targeting youth at risk of or involved in gangs. Deliverable(s): GFI Outreach Policies & Procedures Manual Target Date 1s Draft by December 31, 2012 Objective 2 Conduct outreach services to 250 youth at risk of or involved in gangs. Deliverable(s): Outreach Quarterly Report Target Date Due the 15 following the end of each quarter. Outputs: Outreach to 250 youth by October 31, 2013. Objective 3 Conduct a minimu m. of 4 gang awareness seminars targeting each middle school. Deliverable(s) 4 Gang Awareness Seminars, approximately 1 each quarter. Target Date: Quarterly Outputs 4 GAS Sign -in Sheets, 4 GAS Agenda, 4 GAS Event Reports by October 31, 2013. GFI Service Provider Agreement/ YPAL/ page 13 Objective 4: Screen a minimum of 50 youth at risk of or involved in gangs to determine appropriate referral. Deliverable(s): Screening Quarterly Report Target Date Due.the 15 following the end of each quarter. Outputs Screen 50 youth by October 31, 2013. Objective 5: Refer a minimum of 50 youth at risk of or involved in gangs to one or more GFI partner services. Deliverable(s). Referral-Quarterly Report Target Date Due the 15 following the end of each quarter. Outputs: Refer 50 youth by October 31, 2013. YPAL in partnership with YVFWC Behavioral Health Services will provide individual needs assessments to ascertain the status of target youth. The assessment will be used for diagnosis, placement, and treatment planning and applicable in a variety of settings. Objective 1. Develop an individual needs assessment instrument to ascertain the status of each client when he is accepted into the project. The assessment instrument should be used for diagnosis, placement, and treatment planning and applicable in a variety of settings (i.e., school, jail, social service). Deliverable(s): GFI Needs Assessment instrument Target Date. December 31, 2012 Objective 2 Conduct individual needs assessment planning with 50 youth annually. Deliverable(s): Individual Needs Assessment Activity Report Target Date Quarterly by the 15 following the end of each quarter. Outputs: 50 INA's completed by October 31, 2012. Objective 3 Working with GFI Advisory Group and other Screening & Referral providers to establish and coordinate crisis response mechanism targeting project clients following episodes of violence. Deliverable(s): GFI Crisis Response Protocols. Target Date 1 Draft January 31, 2012 Yakima County Juvenile Court Yakima County Juvenile Court Targeted Outreach will focus on core gang involved youth, with special capacity to connect pre- adjudication and in the local community setting. Objective 1: Conduct targeted outreach services to 30 high risk and gang involved youth. Deliverable(s): Outreach Quarterly Report GFI Service Provider Agreement/ YPAL/ page 14 Target Date: Due the 15 following the end of each quarter. Outputs Outreach to 30 youth by October 31, 2013 Objective 2. Screen and refer targeted youth to GFI Partner Services. Deliverable(s)• Screening Quarterly Report Target Date. Due the 15 following the end of each quarter. Outputs: Screen 30 youth by October 31, 2013. GFI Service Provider Agreement/ YPAL/ page 15 GANG FREE INITIATIVE IMPLEMENTATION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND PEOPLE FOR PEOPLE This AGREEMENT is made and entered into by and between the CITY_ OF YAKIMA, Washington, a municipal corporation, located at 129 North 2nd Street, Yakima, WA 98901 (hereinafter referred to as CITY), and PEOPLE FOR PEOPLE, a non - profit corporation, located at 304 West Lincoln Avenue, Yakima, WA 98902 (hereinafter referred to as CONTRACTOR). WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan; and WHEREAS, the City at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI; and WHEREAS, PEOPLE FOR PEOPLE, a Washington State non - profit corporation, experienced in Youth and Family Development Programming, has proposed to offer Youth and Family Development screening and referral services; and WHEREAS, PEOPLE FOR PEOPLE, has the desired qualification to provide these services; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and PEOPLE FOR PEOPLE as follows 1. Scope of Services. The CONTRACTOR agrees to perform these services and work for the CITY in accordance with and as described in the following A. RFP documents No. 11221, attached hereto and incorporated herein by this reference; and B. Contractor Proposal submitted in response to RFP No.11221, and dated September 20, 2012, attached hereto and incorporated herein by this reference, and. C. Addendum #1 to Contractor Proposal, "Negotiated Scope of Work for City of Yakima ", attached hereto and incorporated herein by this reference. D. Communication. Regularly communicate with the City of Yakima's Gang Free Initiative (GFI) Director to assure mutual understanding of the work to be performed and the satisfactory completion thereof. GFI Service Provider Agreement/ People for People/ Page 1 E. Background Screening for Contractor and associates' CONTRACTOR shall submit a current list of names, and assignments of all employees and volunteers who will perform work under this Agreement. Prior to each employee and /or volunteer performing work under this Agreement, the CONTRACTOR employee or volunteer must complete and pass a criminal background check. All CONTRACTOR personnel shall pass a Washington Access to Criminal History (WATCH) background check offered by the State Patrol. There will be no exceptions and no substitutions of personnel without prior approved background clearance checks. Background checks will be conducted by the CONTRACTOR, at no cost to the City. Background checks from other sources are not acceptable. Background checks must be provided to the City. 1. Current City employees who have previously undergone a City background check shall not be required to be re- checked. 2. All CONTRACTOR and sub - contractor employees working on this Agreement must be clear of any sexual and drug related convictions. All CONTRACTOR and sub - contractor employees shall be free from any felony convictions. 3. Throughout the life of the Agreement, the City reserves the right to request updated background checks or to have them completed again. F. Changes in Personnel. Changes in the employment and volunteer list shall be reported to Magallan Consultancy GFI Coordinator (509 -469- 0591), no less than five (5) business days before the requested changes are to become effective. G. Marketing Materials. CONTRACTOR shall ensure that all marketing materials and announcements for the project are co- branded with the City of Yakima as a partner in the project, and official logos of the City of Yakima shall be used to represent the city in said materials. These materials include, but are not limited to: program brochures, agency reports, print advertisements, posters, internet/website portals, radio and television public service announcements, shirts, hats, etc. 2. Term of Agreement. The term of this agreement shall begin upon execution by both parties and shall terminate upon the completion of all services required hereunder by the CONTRACTOR, but no later than December 31, 2013 unless terminated earlier by the CITY in accordance with Section 11 of this. Agreement, or in the event of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.). GFI Service Provider Agreement/ People for People/ Page 2 3. Consideration. As consideration for the services performed under this Agreement, the CITY agrees to compensate the CONTRACTOR in accord with the following terms: A. In consideration for the performance by the CONTRACTOR in accordance with this Agreement the CITY agrees to pay an amount not to exceed Eighteen Thousand Five- Hundred Dollars ($18,500.00) to the CONTRACTOR for the work, as set forth in the RFP documents, at the time and manner upon fulfillment of the conditions provided. The amount shall not exceed the said amount without prior written approval from the CITY. B. The CONTRACTOR shall invoice CITY monthly for services performed under this Agreement. The CONTRACTOR shall submit a monthly invoice no later than the 20th day of the month following the month in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month. The amount of the invoice shall be for one - twelfth of the annual Agreement Amount for the current Agreement year. Invoices shall be sent to: MagaIlan Consultancy LLC, ATTN City of Yakima GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901. The GFI Director is obligated to promptly review invoices and submit to the City. The CITY will reimburse the CONTRACTOR within thirty (30) days of receipt of a valid invoice for the amount of payment due. CITY shall return any invalid or incomplete invoice to the CONTRACTOR within thirty (30) days after CITY receives the invoice. An explanation will accompany the invoice that states the reason for return and any information needed to correct the invoice. Final invoices for services provided under this agreement shall be submitted by the CONTRACTOR no later than ninety (90) days following the termination of the agreement. 4. Independent CONTRACTOR A. No agency, employment, joint venture or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this agreement. Inasmuch as CITY is interested in the CONTRACTOR's end product, CITY does not control the manner in which the CONTRACTOR performs this agreement. CITY is not liable for workers' compensation or unemployment compensation payments required by the State of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities that result from compensation paid to the CONTRACTOR by CITY. CITY will report any payment made under this agreement to the Internal Revenue Service on Form 1099. B. No provision contained in this agreement shall be construed as entitling the CONTRACTOR to participate in hospital plans, medical plans, sick leave benefits, vacation, and other benefits .available to employees of CITY. GFI Service Provider Agreement/ People for People/ Page 3 C. The CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to conduct business in Washington have been obtained and are operative. If at any time during the agreement period the CONTRACTOR becomes disqualified from conducting business in Washington, for whatever reason, the CONTRACTOR shall immediately notify CITY of the disqualification. D. The CONTRACTOR shall neither perform work nor submit an invoice for payment for work performed under this agreement for any time period after the termination date set forth in Section 2, above. E. The CONTRACTOR shall furnish its own support staff, materials, equipment and services as necessary for the satisfactory performance of the work described in Section 1, above. Unless otherwise specified in this agreement, CITY will not provide any other staff, services, or material to the CONTRACTOR for the purpose of assisting the CONTRACTOR in the performance of this agreement. 5. Location and Site Use The Yakima Gang Free Initiative Youth and Family Development Center will be located in the Miller Park Activity Center at 604 North Fourth Street, Yakima, Washington. The CITY has contracted with the Yakima Police Athletic League (YPAL) to manage, operate, and maintain the Miller Park Activity Center consistent with City policies. (a) Maintenance of work area. The CONTRACTOR shall keep their immediate work area neat, clean, and in good repair; ordinary wear and tear resulting from careful usage and damage by the elements without fault on the part of the CONTRACTOR alone excepted. (b) Defects. If the CONTRACTOR becomes aware of a defect in the facility, the CONTRACTOR shall immediately notify the YPAL Director or the CITY. (c) Confidential Information. All confidential information should be secured by the CONTRACTOR prior to leaving the center. (d) Alterations, Modifications and _ Capital Improvements. The CONTRACTOR shall make no alteration, modification, and /or capital improvements to the Center building and surrounding property as legally described herein without the prior written consent of the CITY. Any such alterations, modifications, and /or capital improvements shall be made at the sole expense and cost of the CONTRACTOR unless otherwise provided by mutual written agreement of the parties. (e) Personal Property. The CONTRACTOR shall be responsible for the possession, use, and maintenance of all personal property (including personal property of the City) located at the Center and shall take all reasonable steps to ensure that such personal property is not removed GFI Service Provider Agreement/ People for People/ Page 4 from the Center. The CITY shall be responsible for the repair or replacement of personal property that is owned by the CITY, unless the damage or necessity for repair of the personal property was caused by the CONTRACTOR or results from the negligent use of the personal property by the CONTRACTOR. (f) Prohibition Against Possession and /or Consumption of Intoxicating Liquor and /or Marijuana or Marijuana Products. The CONTRACTOR shall not permit any party to possess and /or consume any intoxicating liquor, beer, wine and /or similar beverage /substance, marijuana, and /or marijuana products at the Center and the surrounding property as legally described herein during the term of this Agreement. 6. Hold Harmless A. CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, the YAKIMA POLICE ATHLETIC LEAGUE, their elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of CONTRACTOR, its elected and appointed officials, officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its elected and appointed officials, officers, employees, agents, and volunteers from, any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of CITY, its elected and appointed officials, officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. C. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7. Insurance At all times during performance of the Services, CONTRACTOR shall secure and maintain in effect insurance to protect the CITY, Yakima Police Athletic League and the CONTRACTOR from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. CONTRACTOR shall provide and maintain in force insurance in limits no GFI Service Provider Agreement/ People for People/ Page 5 Tess than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. A. General Liability Insurance. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. B. Automobile Liability Insurance. B. If CONTRACTOR owns any vehicles, before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of automobile liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. If CONTRACTOR does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance ". C. Professional Liability Coverage. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000 00) per claim combined single_ limit bodily injury and property damage, and Two Million Dollars ($2,000,000 00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the CONTRACTOR 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. 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 Agreement. D. Under all situations described in this Section the required certificate of insurance shall. Clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect; and ii. Said policy shall be in effect for the duration of this Agreement; and GFI Service Provider Agreement/ People for People/ Page 6 The policy shall name the CITY, the Yakima Police Athletic League, their elected and appointed officials, officers, agents, employees, and volunteers as additional insureds; and iv. Shall contain a clause that the CONTRACTOR 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); and v. 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. 8. Conflict of Interest and Ethics Laws A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR has interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities under this agreement. B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR shall, prior to the completion of such work and payment for such work, acquire any interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of such work. C. The CONTRACTOR shall not promise or give to any CITY employee anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties. The CONTRACTOR shall not solicit a CITY employee to violate any CITY rule or policy relating to the conduct of contracting parties. D. Nondiscrimination. During the performance of the Agreement, the CONTRACTOR shall not discriminate in violation of any applicable federal state, and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following. employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this agreement. GFI Service Provider Agreement/ People for People/ Page 7 E. The Americans with Disabilities Act. CONTRACTOR shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et.seq. (ADA) and its implementing regulations and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA - provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. F. Compliance with Laws. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement. G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The CONTRACTOR shall immediately notify the CITY if during the term of the agreement it becomes debarred. In the event of such debarment, the CITY may immediately terminate this Agreement by giving written notice to CONTRACTOR. 9. Records, Documents, and Information. All records, documents, writings or other information produced or used by the CONTRACTOR in the performance of this agreement shall be treated according to the following terms: A. The CITY is required by law to comply with the Washington State Public Records Act (PRA). All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the CITY. B. All CITY information which, under the laws of the State of Washington, is classified as public or private, will be treated as such by the CONTRACTOR. Where there is a question as to whether information is public or private, CITY shall make the final determination. The CONTRACTOR shall not use any information, systems, or records made available to it for any purpose other than to fulfill the agreement duties specified herein. The CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of CITY and the State of Washington. The terms of this section shall be included in any subcontracts executed by the CONTRACTOR for work under this agreement. C. All proprietary information of the CONTRACTOR shall be held to be strictly confidential by CITY. Proprietary information is information which, if made public, would put the CONTRACTOR at a disadvantage in the market place and trade of which the CONTRACTOR is a part. The CONTRACTOR is responsible for notifying CITY of the nature of the information prior to its release to CITY. CITY reserves the right to require reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any information to be provided. GFI Service Provider Agreement/ People for People/ Page 8 D All records relating to costs, work performed and supporting documentation for invoices submitted to CITY by the CONTRACTOR shall be retained and made available by the CONTRACTOR for audit by the State of Washington (including but not limited to CITY, the Auditor of the State of Washington, the Inspector General or duly authorized law enforcement officials) and agencies of the United States government for a minimum of three years after payment for work performed under this agreement. If an audit, litigation, or other action is initiated during this time period, the CONTRACTOR shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later. 10. Rights in Deliverables, Data and Copyrights. The Deliverables provided by the CONTRACTOR under Section 1 and any item produced under this agreement, including any documents, data, photographs and negatives, electronic reports, records, software, source code, or other media, shall become the property of CITY which shall have an unrestricted right to reproduce, distribute, modify, maintain, and use the Deliverables. The CONTRACTOR shall not obtain copyright, patent, or other proprietary protection for the Deliverables. The CONTRACTOR shall not include in any Deliverable any copyrighted matter, unless the copyright owner gives prior written approval to use such copyrighted matter. 11. Suspension and Termination A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of termination, terminate this Agreement as to all or any portion of the Services not then performed, whether or not CONTRACTOR is in breach or default, and with or without cause. Upon receipt of any such notice of termination, the CONTRACTOR shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. CONTRACTOR shall have the same termination rights as the City as specified in Section 11. B. In the event of termination pursuant to section 11A, the CONTRACTOR, shall take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report, as of the date of receipt of notice of suspension or termination describing the status of all work under this agreement, including without limitation, results accomplished, conclusions resulting therefrom, and such other matters as CITY may require. In the event of suspension or termination under this Article, the CONTRACTOR shall be entitled to compensation, upon submission of a proper invoice, for the work performed prior to receipt of notice of termination or suspension, which shall be calculated by CITY based on the rate set forth in Section 3. CITY shall not be liable for any further claims, and the claims submitted by the CONTRACTOR • shall not exceed the total amount of compensation allowed by this agreement. GFI Service Provider Agreement/ People for People/ Page 9 C. If the City purports to terminate or cancel all or any part of this Agreement for CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default which would permit termination or cancellation, such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 11A and the rights of the parties shall be determined accordingly. 12. Breach or Default A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of this Agreement, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and /or compensation due the CONTRACTOR shall be decided by the CITY'S Agreement Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Agreement Representative shall be final and conclusive, subject to the CONTRACTOR'S right to seek judicial relief pursuant to this Section. B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations or duties embodied in this agreement, CITY may exercise all administrative, contractual, equitable or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of subsequent occurrences, and CITY retains the right to exercise all remedies hereinabove mentioned. C. If CITY or the CONTRACTOR fails to perform an obligation or obligations under this agreement and thereafter such failure is waived by the other party, such waiver shall be limited to the particular failure so waived and shall not be deemed to waive other failures hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the CITY contract manager. D. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA, Washington. 13. Amendments This writing constitutes the entire agreement between the parties with respect to all matters herein. This agreement may be amended only by a writing signed by both parties. However, it is agreed by the parties that any amendments to laws or regulations cited herein will result in the correlative modification of this agreement, without the necessity for executing written amendments. Any written amendments to this agreement shall be prospective in nature. When a new or different term or condition is added, additional consideration is not necessary to bind the parties. 14. Assignment The CONTRACTOR shall not assign any interest (including subcontracts) in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of CITY. Any such GFI Service Provider Agreement/ People for People/ Page 10 assignments or subcontracts shall be submitted for CITY's review ninety (90) days prior to the desired effective date. Approval by CITY shall not be deemed to increase in any manner the total compensation provided for in this agreement. 15. Drug Free Workplace The CONTRACTOR shall comply with all applicable state and federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR shall make a good faith effort to ensure that all employees of the CONTRACTOR do not purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription drugs in any way while working on state, county, or municipal property. 16. Construction This agreement shall be governed, construed and enforced in accordance with the laws of the State of Washington. Should any portion of this agreement be found unenforceable by operation of statute or by administrative or judicial decision, the enforceability of the balance of this agreement shall not be affected thereby, provided that the absence of the unenforceable provision does not render the performance of the remainder of the agreement impossible. 17. Written Notices All written notices required by this Agreement shall be in writing and deemed received if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage pre -paid, to the addresses set forth hereunder or to such other addresses designated in writing by any of the parties in accordance with this provision. In case of CITY, to: Anthony O'Rourke City Manager 129 North Second Street Yakima, WA 98901 In case of CONTRACTOR, to Madelyn Carlson Executive Director 304 West Lincoln Avenue Yakima, WA 98902 18. 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. GFI Service Provider Agreement/ People for People/ Page 11 IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. CITY CONTACTOR Anthony O'Rourke Madelyn Carlson City Manager Executive Director Signature Signature Date Date* GFI Service Provider Agreement/ People for People/ Page 12 ADDENDUM #1 PEOPLE FOR PEOPLE NEGOTIATED SCOPE OF WORK Programming Objectives — Screening and Referral The Gang Free Yakima Connections resource call center is designed to provide gang prevention and intervention information to concerned callers, including gang - involved youth, their families, service providers and concerned citizens. In addition, trained Specialists will determine the specific needs of the caller, screen, and refer them to GFI partners or other agencies for services to meet their need. Objective 1: Develop screening tool and protocols to facilitate a brief assessment of the youth's current status to determine immediate /intermediate individual and family priorities. Deliverable(s): GFI Screening Tool. Target Date: 1S Draft by December 31, 2012 Objective 2• Establish call center screening and referral service capacity to field calls during peak and off peak hours. Deliverable(s) Gang Free Yakima Connections Call Center. Target Date December 31, 2012 Objective 3: Develop policies and procedures for making referrals. Deliverable(s) GFI Call Center Policies & Procedures Manual Target Date: 1s Draft by December 31, 2012 Objective 4 Provide screening and referral services to 60 youth at risk of or involved in gangs annually. Deliverable(s) Quarterly Activity Report. Target Date Due the 15 day following the end of each quarter Output: 60 callers screened, 60 callers referred to GFI resource or service partner by October 31, 2013. Objective 5. Working with GFI Advisory Group and other Screening & Referral providers to establish and coordinate crisis response mechanism targeting project clients following episodes of violence. Deliverable(s) GFI Crisis Response Protocols. GFI Service Provider Agreement/ People for People/ Page 13 Target Date. 1 Draft January 31, 2012 Objective 6: Integrate the Gang Free Yakima Connections resource call center into the existing 211 call center service. Deliverable(s): Gang Free Yakima Connections 211 Call Center Target Date: December 31, 2012 GFI Service Provider Agreement/ People for People/ Page 14 GANG FREE INITIATIVE IMPLEMENTATION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND UNION GOSPEL MISSION OF YAKIMA This AGREEMENT is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation, located at 129 North 2 Street, Yakima, WA 98901 (hereinafter referred to as CITY), and UNION GOSPEL MISSION OF YAKIMA, a non - profit corporation, located at 1300 North 1st Street, Yakima, WA 98903 (hereinafter referred to as CONTRACTOR). WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency Prevention Model Plan; and WHEREAS, the. City of Yakima at the direction of the City Council requested proposals under RFP No. 11221 for GFI Youth and Family Development Programming to accomplish certain goals of the Yakima GFI, and WHEREAS, UNION GOSPEL MISSION OF YAKIMA, a Washington State non- profit corporation, experienced in Youth and Family Development Programming, has proposed to offer a tutoring incentive program, and WHEREAS, UNION GOSPEL MISION OF YAKIMA has the desired qualification to provide these services; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and UNION GOSPEL MISSION OF YAKIMA as follows: 1. Scope of Services. The CONTRACTOR agree to perform these services and work for the CITY in accordance with and as described in the following A. RFP documents No. 11221, attached hereto and incorporated herein by this reference; and B. Contractor Proposal submitted in response to RFP No.11221, and dated , September 20, 2012, attached hereto and incorporated herein by this reference; and C. Addendum #1 to Contractor Proposal, "Negotiated' Scope of Work for City of Yakima ", attached hereto and incorporated herein by this reference. D. Communication: Regularly communicate with the City of Yakima's Gang Free Initiative (GFI) Director to assure mutual understanding of the work to be performed and the satisfactory completion thereof. GFI Service Provider Contract/ Union Gospel Mission/ Page 1 E. Background Screening for Contractor and associates: CONTRACTOR shall submit a current list of names, and assignments of all employees and volunteers,who will perform work under this Agreement. Prior to each employee and /or volunteer performing work under this Agreement, the CONTRACTOR employee or volunteer must complete and pass a criminal background check. All CONTRACTOR personnel shall pass a Washington Access to Criminal History (WATCH) background check offered by the State Patrol. There will be no exceptions and no substitutions of personnel without prior approved background clearance checks. Background checks will be conducted by the CONTRACTOR, at no cost to the City. Background checks from other sources are not acceptable. Background checks must be provided to the City. 1. Current City employees who have previously undergone a City background check shall not be required to be re- checked. 2. All CONTRACTOR and sub - contractor employees working on this Agreement must be clear of any sexual and drug related convictions. All CONTRACTOR and sub - contractor employees shall be free from any felony convictions. 3. Throughout the life of the Agreement, the City reserves the right to request updated background checks or to have them completed again. F. Changes in Personnel. Changes in the employment and volunteer list .shall be reported to MagaIlan Consultancy GFI Coordinator (509 -469- 0591), no less than five (5) business days before the requested changes are to become effective. G. Marketing Materials. CONTRACTOR shall ensure that all marketing materials and announcements for the project are co- branded with the City of Yakima as a partner in the project, and official logos of the City of Yakima shall be used to represent the city in said materials. These materials include, but are not limited to program brochures, agency reports, print advertisements, posters, internet/website portals, radio and television public service announcements, shirts, hats, etc. 2. Term of Agreement. The term of this agreement shall begin upon execution by both parties and shall terminate upon the completion of all services required hereunder by the CONTRACTOR, but no later than December 31, 2013 unless terminated earlier by the CITY in accordance .with. Section 11 of this Agreement, or in the event of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.). 3. Consideration. As consideration for the services performed under this Agreement, the CITY to compensate the CONTRACTOR in accord with the following terms: GFI Service Provider Contract/ Union Gospel Mission/ Page 2 A. In consideration for the performance by the CONTRACTOR in accordance with this Agreement the CITY agrees to pay an amount not to exceed eleven thousand five hundred dollars ($11,500.00) to the CONTRACTOR for the work, as set forth in the RFP documents, at the time and manner upon fulfillment of the conditions provided. The amount shall not exceed the said amount without written prior approval from the CITY. B. The CONTRACTOR shall invoice CITY monthly for services performed under this Agreement. The CONTRACTOR shall submit a monthly invoice no later than the 20th day of the month following the month in which the invoiced services were performed. The invoice shall state the deliverables completed during the invoiced month. The amount of the invoice shall be for one - twelfth of the annual Agreement Amount for the current Agreement year. Invoices shall be sent to: MagaIlan Consultancy LLC, ATTN: City of Yakima GFI Coordinator, 103 South 3rd Street, Suite 101, Yakima, WA 98901. The GFI Director is obligated to promptly review invoices and submit to the City. The CITY will reimburse the CONTRACTOR within thirty (30) days of receipt of a valid invoice for the amount of payment due. CITY shall return any invalid or incomplete invoice to the CONTRACTOR within thirty (30) days after CITY receives the invoice. An explanation will accompany the invoice that states the reason for return and any information needed to correct the invoice. Final invoices for services provided under this agreement shall be submitted by the CONTRACTOR no later than ninety (90) days following the termination of the agreement. 4. Independent CONTRACTOR A. No agency, employment, joint venture or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this agreement. Inasmuch as CITY is interested in the CONTRACTOR's end product, CITY does not control the manner in which the CONTRACTOR performs this agreement. CITY is not liable for workers' compensation or unemployment compensation payments required by the State of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities that result from compensation paid to the CONTRACTOR by CITY. CITY will report any payment made under this agreement to the Internal Revenue Service on Form 1099. • B. No provision contained in this agreement shall be construed as entitling the CONTRACTOR to participate in hospital plans, medical plans, sick leave benefits, vacation, and other benefits available to employees of CITY. C. The CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to conduct business in Washington have been obtained and are GFI Service Provider Contract/ Union Gospel Mission/ Page 3 operative. If at any time during the agreement period the CONTRACTOR becomes disqualified from conducting business in Washington, for whatever reason, the CONTRACTOR shall immediately notify CITY of the disqualification. D. The CONTRACTOR shall neither perform work nor submit an invoice for payment for work performed under this agreement for any time period after the termination date set forth in Section 2, above. E. The CONTRACTOR shall furnish its own support staff, materials, equipment and services as necessary for the satisfactory performance of the work described in Section 1, above. Unless otherwise specified in this agreement, CITY will not provide any other staff, services, or material to the CONTRACTOR for the purpose of assisting the CONTRACTOR in the performance of this agreement. 5. Location The Yakima Gang Free Initiative Youth and Family Development Center will be located in the Miller Park Activity Center at 604 North Fourth Street, Yakima, Washington. The CITY has contracted with the Yakima Police Athletic League (YPAL) to manage, operate, and maintain the Miller Park Activity Center consistent with City policies. 6. Hold Harmless A. CONTRACTOR 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, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of CONTRACTOR, its elected and appointed officials, officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death, personal harm or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of CITY, its elected and appointed officials, officers, _ employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. C. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. GFI Service Provider Contract/ Union Gospel Mission/ Page 4 7. Insurance At all times during performance of the Services, CONTRACTOR shall secure and maintain in effect insurance to protect the CITY and the CONTRACTOR from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. CONTRACTOR shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. A. General Liability Insurance. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. B. Automobile Liability Insurance. B. If CONTRACTOR owns any vehicles, before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of automobile liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. If CONTRACTOR does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance ". C. Professional Liability Coverage. Before this Agreement is fully executed by the parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the CONTRACTOR 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. 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 Agreement. D. Under all situations described in this Section the required certificate of insurance shall: GFI Service Provider Contract/ Union Gospel Mission/ Page 5 Clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect; and ii. Said policy shall be in effect for the duration of this Agreement; and The policy shall name the CITY and its elected and 'appointed officials, officers, agents, employees, and volunteers ,as additional insureds; and iv. Shall contain a clause that the CONTRACTOR 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); and v. 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. 8. Conflict of Interest and Ethics Laws A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR has interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities under this agreement. B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR shall, prior to the completion of such work and payment for such work, acquire any interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of such work. C. The CONTRACTOR shall not promise or give to any CITY employee anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties. The CONTRACTOR shall not solicit a CITY employee to violate any CITY rule or policy relating to the conduct of contracting parties. D. Nondiscrimination. During the performance of the Agreement, the CONTRACTOR shall not discriminate in violation of any applicable federal state, and /or local law or regulation on the basis of age, sex, race, creed, religion, color, GFI Service Provider Contract/ Union Gospel Mission/ Page 6 national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this agreement. - E. The Americans with Disabilities Act. CONTRACTOR shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. F. Compliance with Laws. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement. G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The CONTRACTOR shall immediately notify the CITY if during the term of the agreement it becomes debarred. In the event of such debarment, the CITY may immediately terminate this Agreement by giving written notice to CONTRACTOR. 9.. Records, Documents, and Information. All records, documents, writings or other information produced or used by the CONTRACTOR in the performance of this agreement shall be treated according to the following terms A. The CITY is required by law to comply with the Washington State Public Records Act (PRA). All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the CITY. B. All CITY information which, under the laws of the State of Washington, is classified as public or private, will be treated as such by the CONTRACTOR. Where there is a question as to whether information is public or private, CITY shall make the final determination. The CONTRACTOR shall not use any information, systems, or records made available to it for any purpose other than to fulfill the agreement duties specified herein. The CONTRACTOR agrees to be bound by the same standards of confidentiality that apply to the employees of CITY and the State of Washington. The terms of this section shall be included in any subcontracts executed by the CONTRACTOR for work under this agreement. GFI Service Provider Contract/ Union Gospel Mission/ Page 7 • C. All proprietary information of the CONTRACTOR shall be held to be strictly confidential by CITY. Proprietary information is information which, if made public, would put the CONTRACTOR at a disadvantage in the market place and trade of which the CONTRACTOR is a part. The CONTRACTOR is responsible for notifying CITY of the nature of the information prior to its release to CITY. CITY reserves the right to require reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any information to be provided. D. All records relating to costs, work performed and supporting documentation for invoices submitted to CITY by the CONTRACTOR shall be retained and made available by the CONTRACTOR for audit by the State of Washington (including but not limited to CITY, the Auditor of the State of Washington, the Inspector General or duly authorized law enforcement officials) and agencies of the United States government for a minimum of three years after payment for work performed under this agreement. If an audit, litigation, or other action is initiated during this time period, the CONTRACTOR shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later. 10. Rights in Deliverables, Data and Copyrights. The Deliverables provided by the CONTRACTOR under Section 1 and any item produced under this agreement, including any documents, data photographs and negatives, electronic reports, records, software, source code, or other media, shall become the property of CITY which shall have an unrestricted right to reproduce, distribute, modify, maintain, and use the Deliverables. The CONTRACTOR shall not obtain copyright, patent, or other proprietary protection for the Deliverables. The CONTRACTOR shall not include in any Deliverable any copyrighted matter, unless the copyright owner gives prior written approval to use such copyrighted matter. 11. Suspension and Termination A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of termination, terminate this Agreement as to all or any portion of the Services not then performed, whether or not CONTRACTOR is in breach or default, and with or without cause Upon receipt of any such notice of termination, the CONTRACTOR shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. CONTRACTOR shall have the same termination rights as the City as specified in Section 11. B. In the event of termination pursuant to section 11A, the CONTRACTOR, shall - take all necessary or .appropriate steps to limit disbursements and minimize costs, and furnish a report, as of the date of receipt of notice of suspension or termination describing the status of all work under this agreement, including without limitation, results accomplished, conclusions resulting therefrom, and such other matters as CITY may require. GFI Service Provider Contract/ Union Gospel Mission/ Page 8 In the event of suspension or termination under this Article, the CONTRACTOR shall be entitled to compensation, upon submission of a proper invoice, for the work performed prior to receipt of notice of termination or suspension, which shall be calculated by CITY based on the rate set forth in Section 3. CITY shall not be liable for any further claims, and the claims submitted by the CONTRACTOR shall not exceed the total amount of compensation allowed by this agreement. C. If the City purports to terminate or cancel all or any part of this Agreement for CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default which would permit termination or cancellation, such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 11A and the rights of the parties shall be determined accordingly. 12. Breach or Default A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of this Agreement, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and /or compensation due the CONTRACTOR shall be decided by the CITY'S Agreement Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Agreement Representative shall be final and conclusive, subject to the CONTRACTOR'S right to seek judicial relief pursuant to this Section. B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations or duties embodied in this agreement, CITY may exercise all administrative, contractual, equitable or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of subsequent occurrences, and CITY retains the right to exercise all remedies hereinabove mentioned. C. If CITY or the CONTRACTOR fails to perform an obligation or obligations under this agreement and thereafter such failure is waived by the other party, such waiver shall be limited to the particular failure so waived and shall not be deemed to waive other failures hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the CITY contract manager. D. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA, Washington. 13. Amendments This writing constitutes the entire agreement between the parties with respect to all matters herein. This agreement may be amended only by a writing signed by both parties. However, it is agreed by the parties that any amendments to laws or regulations cited herein will result in the correlative modification of this GFI Service Provider Contract/ Union Gospel Mission/ Page 9 agreement, without the necessity for executing written amendments. Any written amendments to this agreement shall be prospective in nature. When a new or different term or condition is added, additional consideration is not necessary to bind the parties. 14. Assignment The CONTRACTOR shall not assign any interest (including subcontracts) in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of CITY. Any such assignments or subcontracts shall be submitted for CITY's review ninety (90) days prior to the desired effective date. Approval by CITY shall not be deemed to increase in any manner the total compensation provided for in this agreement. 15. Drug Free Workplace The CONTRACTOR shall comply with all applicable state and federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR shall make a good faith effort to ensure that all employees of the CONTRACTOR do not purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription drugs in any way while working on state, county, or municipal property. 16. Construction This agreement shall be governed, construed and enforced in accordance with the laws of the State of Washington. Should any portion of this agreement be found unenforceable by operation of statute or by administrative or judicial decision, the enforceability of the balance of this agreement shall not be affected thereby, provided that the absence of the unenforceable provision does not render the performance of the remainder of the agreement impossible. 17. Written Notices All written notices required by this Agreement shall be in writing and deemed received if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage pre -paid, to the addresses set forth hereunder or to such other addresses designated in writing by any of the parties in accordance with this provision. In case of CITY, to. Anthony O'Rourke City Manager 129 North Second Street Yakima, WA 98901 In case of CONTRACTOR, to Rick Phillips Executive Director 1300 North 1st Street Yakima, WA 98903 GFI Service Provider Contract/ Union Gospel Mission/ Page 10 18. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. CITY CONTACTOR Anthony O'Rourke Rick Phillips City Manager Executive Director Signature Signature Date' Date: GFI Service Provider Contract/ Union Gospel Mission/ Page 11 ADDENDUM #1 UNION GOSPEL MISSION OF YAKIMA NEGOTIATED SCOPE OF WORK Programming Objective: Positive Youth Development: Tutoring Incentive Program The Madison House Tutoring Incentive Program will provide opportunities for youth to receive after - school homework help, tutoring, and other education based programs to see the world beyond their circumstances. Objective 1: Provide academic tutoring services at Madison House with a capacity to serve 10 GFI project youth a minimum of 3 tutoring sessions per week. Tutoring session must be no less than 30 minutes and no more than 50 minutes in length. Deliverable(s): 120 tutoring sessions, Monthly Tutoring Reports. Target Date. MTR due by the 15 following the end of each month. Outputs: 3,600 tutoring hours through October 31, 2013. Objective 2 Provide targeted tutoring services to a minimum of 50 youth at risk of or involved in gangs. Deliverable(s) Monthly Tutoring Report Target Date MTR due by the 15 following the end of each month. Outputs 50 unduplicated tutees by October 31, 2013. GFI Service Provider Contract/ Union Gospel Mission/ Page 12