HomeMy WebLinkAbout12/11/2012 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
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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
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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