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HomeMy WebLinkAboutR-2009-090 Yakima Second Chance Initiative Community Coordinator Contract with OICRESOLUTION NO. R-2009-90 A RESOLUTION directing the City Manager to enter into a Professional Services Agreement with OIC to provide. a Yakima Second Chance Initiative Community Coordinator. WHEREAS, the City desires to enter into a professional services Contract with OIC to provide a Community Coordinator to help develop and implement the Yakima Police Department's federally funded Second Chance Initiative; and WHEREAS, on September 8, 2008, the City received a grant through the Edward Byrne Memorial Discretionary Grants Program (Byrne Discretionary Program), a program that helps local communities improve the capacity of local justice systems and provides for national support efforts; WHEREAS, the City received the grant funds through the Edward Byrne Memorial Discretionary Grants Program to support Yakima's Second Chance Program, a program designed to reduce crime through special emphasis patrol sweeps and to conduct sweeps during peak crime hours in high crime areas, to establish Block Watch Programs in high crime neighborhoods, and to work with landlords to establish a fully operational Crime -Free Rental Housing Program; WHEREAS, the City and OIC desire to work collaboratively together to revitalize neighborhoods in the City of Yakima by reducing the influence of gangs, gang activity, crime, and to develop effective law enforcement programs, prevention programs, and intervention programs in partnership with state, local, and federal law enforcement agencies, along with municipal, state, and county government, non -profits, educational agencies, community organizations, and residents in the targeted neighborhoods; and WHEREAS, the City and OIC have agreed for OIC to provide a Second Chance Community coordinator to assist the Police Department with said Second Chance Initiative, for the sum of $50,000 per year to be paid from grant funds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby directs the City Manager to enter into a Professional Services Agreement with OIC to provide a Yakima Second Chance Community Coordinator. ADOPTED BY THE CITY COUNCIL this 16th day of June, 2009. ATTEST: City Clerk avid Edler, Mayor PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF YAKIMA and Opportunities Industrialization Center of Washington Regarding Yakima Police Department's Second Chance Initiative THIS PROFESSIONAL SERVICES CONTRACT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereafter referred to as the "City"), and the Opportunities Industrialization Center of Washington, a Washington non-profit corporation (hereafter referred to as the "OIC"). WHEREAS, the City desires to enter into a professional services Contract with OIC to develop and implement the Yakima Police Department's federally funded Second Chance Initiative; and WHEREAS, on September 8, 2008, the City received a grant through the Edward Byrne Memorial Discretionary Grants Program (Byrne Discretionary Program), a program that helps local communities improve the capacity of local justice systems and provides for national support efforts; WHEREAS, the City received the grant funds through the Edward Byrne Memorial Discretionary Grants Program to support Yakima's Second Chance Program, a program designed to reduce crime through special emphasis patrol sweeps and to conduct sweeps during peak crime hours in high crime areas, to establish Block Watch Programs in high crime neighborhoods, and to work with landlords to establish a fully operational Crime -Free Rental Housing Program; WHEREAS, the City and OIC desire to work collaboratively together to revitalize neighborhoods in the City of Yakima by reducing the influence of gangs, gang activity, crime, and to develop effective law enforcement programs, prevention programs, and intervention programs in partnership with state, local, and federal law enforcement agencies, along with municipal, state, and county government, non -profits, educational agencies, community organizations, and residents in the targeted neighborhoods; and WHEREAS, the City and OIC further desire to work cooperatively together to improve the quality of life for the residents living in high crime neighborhoods in the City of Yakima, to reduce the crime rate through the establishment of special emphasis patrol sweeps, and to improve the relationship between Yakima Police and the residents living and working in the targeted high crime neighborhoods; and Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 1 NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and OIC as follows: Section 1. Definitions and Scope of Work Definitions: Through this Contract, the phrases "project target area" or "targeted neighborhood" or "high crime neighborhood" or "high crime neighborhoods" are defined to mean the following areas: all of Yakima Police Districts (referred to as "Districts") 1, 2 and 3, and a large portion of both Districts 4 and 5 that are located east of 16th Avenue in the City of Yakima. District 1 is generally referred to as "Northeast Yakima", District 2 is generally referred to as the "Downtown area" of Yakima, District 3 is generally referred to as "Southeast Yakima", District 4 is generally referred to as "North Central Yakima", and District 5 is generally referred to as "Central Yakima". Attached as Exhibit A to this Contract is a map showing the Police Districts by the District numbers that are referred to and described in this "Definition" section. Scope of Services: Opportunities Industrialization Center (hereafter "OIC") agrees to perform the following minimum services, OIC shall maintain a professional staff and shall provide professional services to the City and shall dedicate its best efforts for the express purpose of fostering community development, contributing to the operation of City government, enhancing the quality of life in Yakima and building a safe community for its citizens. OIC's efforts under this Agreement shall conform to all applicable federal, state, and local laws, and to all standards of professional skill, competence and care in the community economic development profession. OIC shall use its best efforts and devote all necessary personnel, and recruit and utilize volunteers, to work on the projects undertaken on behalf of the City. OIC shall hire a Project Coordinator, whose office will be located at the Miller Park Activities Center, 604 North Fourth Street, Yakima, Washington, who will serve as a conduit between service providers, residents, educational agencies and organizations, community organizations, and law enforcement to assist with the Yakima Police Department's Second Chance initiative, which project and work includes, but is not limited to the services referred to in Section 1.1 through 1 8 below: 1.1 Block Watch Programs a. Work on and facilitate Block Watch Programs including but not limited to particular emphasis on the project area. b. Support an assembly of Neighborhood Block Watch Program leaders aimed at reinforcing the Neighborhood Block Watch initiative and expanding the number of neighborhoods in the City that have organized Block Watch programs. c. Assure prospective neighborhoods meet all the criteria for forming a neighborhood watch, block watch, or program(s) focused on the needs of the neighborhood. Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 2 d. Maintain regular contact with block captains with an emphasis on project target neighborhoods, which contact shall occur a minimum of at least once a month with every block captain. e Ensure Block Watch groups have met each of their required obligations and/or have all the resources necessary to accomplish them in a timely manner. f. Assist with the Block Watch Program Annual National Night Out event and facilitate education at the annual event g. Work with the Yakima Police Department volunteer program to help establish Neighborhood Block Watch Programs in high crime neighborhoods. h. Assist the Yakima Police Department in establishing and coordinating a partnership with the Yakima County Block Watch Program. i. Ensure Crime -Web alerts are current for each block watch group and provide education to facilitate people sending information through the Crime -Web alerts j. Provide the Yakima Police Department with the required data to maintain accurate and up-to-date records regarding block watch. 1.2 Crime Free Rental Housing, Communication with Landlords, and Education on Crime Prevention Programs a. Assist in communicating information and education regarding Crime Free Rental Housing with an emphasis within the project target areas. b. Assist in coordinating and maintaining communications with landlords and the Yakima Police Department CFRH office regarding police incidents on their properties. c. Inform landlords about CFRH Program classes regarding Crime Free Rental Housing. d. To be knowledgeable about and provide information to landlords and residents of the project target areas about all crime prevention programs initiated and/or overseen by the Yakima Police Department, including but not limited to the following: GREAT, the Yakima Police Athletic League ("YPAL"), VIP, emphasis patrol sweeps, Crime Free Rental Housing ("CFRH") and Crime Prevention Through Environmental Design. 1.3 Emphasis Patrol Sweeps and Surveys Related to Patrol Sweeps a. The Project Coordinator will be responsible to assist law enforcement in identifying, coordinating, and reporting on the results of focused emphasis Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 3 patrol sweeps which will target those areas of the selected high crime neighborhoods whose residents are subjected to repeated gang activity, violence, narcotics trafficking, and other criminal activity. b. It shall be the responsibility of the Project Coordinator to assist in conducting pre and post surveys of the targeted neighborhoods relating to the focused emphasis patrol sweeps. The Project Coordinator will work with other neighborhood groups, organizations, educational groups and institutions, and others in the targeted neighborhoods. The Project Coordinator will work with Block Watch groups in the targeted areas to inform them about the emphasis patrol sweeps. 1.4 Reporting of Criminal Activity, Public Perception of Safety, and Surveys a. Assist with the administration of Community Needs Surveys within the project target areas b. The Project Coordinator will work with residents to increase public willingness to report criminal activity by twenty percent (20%) in the project target neighborhoods. This twenty percent (20%) statistic will be measured after approximately two years through a survey. c. The Project Coordinator will be responsible to improve the public perception of safety within the target project areas by twenty percent (20%) by the end of the project. The Project Coordinator will ensure the Community Needs Survey asks ten questions regarding how residents feel about their safety in their neighborhood. Responses will be assigned a numerical value and can be compared pre and post emphasis sweep and year to year. d. The Project Coordinator will be responsible to work with the Yakima Police Department to improve the public perception in regard to the community relationship with the Police Department. The Project Coordinator will ensure the Community Needs Survey asks four questions about what residents think about Yakima Police officers. The responses will be assigned numerical values to plot any change pre and post emphasis sweep and/or year to year. e. The Project Coordinator will work with Yakima Police Department GREAT Coordinator and Student Resource Officers to ensure every student in the Yakima School District in the fourth and seventh grades are asked whether they trust that Yakima Police are there to help them. 1.5 Neighborhood Revitalization a. The Project Coordinator will focus on building neighborhood revitalization resources in the agreed-upon project target areas. Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 4 b. The Project Coordinator will serve as a liaison for the Yakima Police Department between law enforcement, prevention, intervention, and neighborhood revitalization activities, services, and programs in the project targeted neighborhoods. 1.6 Great Program a. Coordinate Gang Resistance Education And Training (GREAT) parental education services to residents. 1 7 Grant Funding Mechanism a. The Project Coordinator will seek funding each year through grants, donations, and fundraising events on an annual basis to assist with the reduction of crime activities and neighborhood safety through the support of the youth activities. b. OIC will help serve as a grant funding mechanism for the City and Yakima Police Department to obtain private foundation and other grants not normally funded to government agencies to serve at -risk youth and their families in the targeted neighborhoods. 1.8 Reports to the City a. The Project Coordinator will prepare and submit accurate quarterly and year- end reports promptly to the City on the services and activities provided during each quarter and year, as described in Section 3.3 of this Contract Section 2. Period of Performance 2.1 The period of performance under this Contract will be two (2) years, commencing at 12 01 a.m. on July 1, 2009, and continuing until midnight on June 30, 2011, unless earlier terminated by either party in accordance with Section 14 of this Contract. Section 3. Compensation and Reports 3 1 As full compensation for satisfactory performance of the Services, City shall pay OIC Fifty Thousand Dollars ($50,000) for the first year of the Contract from July 1, 2009 to June 30, 2010, and Fifty Thousand Dollars ($50,000) for the second year of the Contract from July 1, 2010 to June 30, 2011. In the event the City has any or all of the awarded funding suspended or terminated it is agreed this Contract shall be considered null and void. In the event OIC fails to deliver the services rendered under this Contract in a proper time frame or by a lack of performance the City reserves the right to retain future payment until such time services are rendered in accordance with the terms of this Contract. Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 5 3 2 Each annual fee of $50,000 shall be paid by the City to OIC in twelve monthly installments of $4,166.66.00 for the first eleven monthly payments of each year and $4,166.74 for the twelfth monthly installment of each year, in one-month intervals The twelve monthly invoices that will be submitted for each year of the Contract by OIC to the City of Yakima will be submitted monthly to the City on or before the fifteenth day of the following month. For example, the first invoice for the first month of the Contract will be submitted on or before August 15, 2009, and the second invoice for the second month of the Contract will be submitted on or before September 15, 2009. Each of OIC's invoices shall set forth a description of the Services performed during the applicable period, and any reimbursable costs and expenses incurred in connection with such Services. 3 3 Every three months, OIC will submit a report to the City listing the services that OIC worked on and provided during the previous three month period. Each three month report will be submitted by OIC to the City on or before the fifteenth day of the month following the end of the three month period. For example, the first three month report will be submitted on or before October 15, 2009 Beginning in July 2010, OIC also shall submit to the City Council by July 15 of each year a written annual report addressing management, operational and services provided relating to its performance of this Contract during the prior year. Section 4. Performance by OIC and Location of Office 4.1 OIC shall perform the Services in a timely manner and in accordance with the goals and guidelines of the Byrne Grant, and/or of the United States Department of Justice. OIC will become familiar and fully comply with all requirements and all applicable deadlines of the Byrne Grant and with all federal requirements. OIC represents and warrants that it has reviewed the Grant awarded by the Department of Justice Bureau of Justice Assistance with project title "Second Chance Yakima" and has reviewed both pages of the Grant, including the seven "Special Conditions" listed on page 2 of the Grant and that it will comply with those conditions. 4 2 OIC shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the City. Any such delegation or subcontracting without the City's prior written consent shall be voidable at the City's option. 4.3 No delegation of subcontracting of performance of any of the Services, with or without the City's prior written consent, shall relieve OIC of its responsibility to perform the Services in accordance with this Contract. OIC shall be fully responsible for the performance, acts and omissions of OIC's Board of Directors members, employees, OIC's authorized volunteers, OIC's subcontractors, and any other person who performs or furnishes any Services. 4 4 OIC shall perform the Services in a timely manner and in accordance with the standards of the Contract and federal grant and statutory requirements. At the time of performance, Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 6 OIC shall be properly licensed, equipped, organized, and financed to perform the Services in accordance with this Contract. If OIC subcontracts part of its performance under the Contract, OIC shall ensure that the subcontractor performs the work in accordance with the provisions of this Contract and complies with federal grant and other statutory requirements. Subject to compliance with the requirements of this Contract, OIC shall perform the Services in accordance with its own methods. 4.5 OIC shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Services. 4.6 Offices to be Located at the Miller Park Activities Center The office for the Project Coordinator and for the services and activities pursuant to this Contract will be located at the Miller Park Activities Center, 604 North Fourth Street, Yakima, Washington. The City will provide the office space at the Miller Park Activities Center for the Project Coordinator and for the services and activities under this Contract without charge to OIC, either through the City providing the space itself or through a lease between the City and the Yakima Police Athletic League ("YPAL") or between the City and whatever entity has a current Site Use Contract with the City of Yakima for the Miller Park Activities Center. Section 5. Compliance with Laws 5 1 OIC shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the City and applicable to the Services). OIC shall furnish such documents as may be required to effect or evidence such compliance. Section 6. Independent Contractor Status of OIC 6.1 OIC and the City understand and expressly agree that OIC is an independent contractor in the performance of each and every part of this Contract. OIC expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Contract is consistent with and meets the six -part independent contractor test set forth in RCW 51.08 195. OIC, as an independent contractor, assumes the entire responsibility for carrying out and completing the work/services required under this Contract. OIC shall be responsible for ensuring that all employees, agents and subcontractors are licensed and authorized to operate the equipment necessary to perform this Contract, with all required fees and permits paid and in good standing, in accordance with law. OIC and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. OIC shall not represent that it is, nor hold itself out as, an agent or representative of the City. In no event shall OIC be authorized to enter into any agreement or undertaking for or on behalf of the City. Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 7 Section 7. Taxes and Assessments 7.1 OIC shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, OIC shall pay the same before it becomes due. Section 8. Industrial Insurance 8.1 OIC shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Contract, OIC shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. Section 9. Nondiscrimination Provision 9.1 During the performance of this Agreement, 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. Section 10. Records and Accounts and Inspection: Examination of Records 10.1 OIC shall maintain (in accordance with generally accepted accounting practices) books, accounts, records, documents and other materials related directly or indirectly to the costs, expenses and revenues of the management, operation and maintenance of the Center under this Contract. All such books, accounts, records, documents and other materials shall be subject to inspection and audit at reasonable times by representatives of the City. OIC shall make such books, accounts, records, documents and other materials available and afford the proper facilities for such inspection and/or audit within forty- eight (48) hours of inspection/audit notification from City representatives. Such books, accounts, records, documents and other materials may be copied by representatives of the City as part of such an inspection/audit. However the making of (or failure or delay in making) such inspection or approval shall not relieve OIC of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. OIC shall preserve and make available all such books, accounts, records, documents and other materials for a period of at least three (3) years after termination of this Contract. Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 8 10 2 OIC shall promptly furnish the City with such information related in the Services as may be requested by the City. Until the expiration of three (3) years after termination of this Contract, OIC shall provide the City access to (and the City shall have the right to examine, audit and copy) all of OIC's books, documents, papers and records which are related to the Services of this Contract. Section 11. Indemnification and Hold Harmless OIC agrees to protect, defend, indemnify, and hold harmless the City, its elected 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 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 OIC, its officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Contract. 11.2 Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. Section 12. Insurance 12.1 At all times during performance of the Services, OIC shall secure and maintain in effect insurance to protect the City and OIC from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. OIC 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. 12.2 Commercial Liability Insurance. Before this Contract is fully executed by the parties, OIC shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Three Million Dollars ($3,000,000.00) per occurrence combined single limit bodily injury and property damage, and Three Million Dollars ($3,000,000.00) general aggregate The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 9 12 3 Commercial Automobile Liability Insurance. a. If OIC owns any vehicles, before this Contract is fully executed by the parties, OIC shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Three Million Dollars ($3,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If OIC does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 12.2 entitled "Commercial Liability Insurance". c. Under either situation described above in Section 12.3.a and Section 12.3.b, 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. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 12.4 Directors and Officers. Before this Contract is fully executed by the parties, OIC shall provide the City with a certificate of insurance as evidence of Directors and Officers Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000 00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of the Contract, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Contract and for a minimum of three (3) years following the termination of this Contract. Section 13. Changes 13.1 The City may, at any time by written notice thereof to OIC, make changes in the Services within the general scope of this Contract (including, but not limited to, additions to or Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 10 deletions from any Services, suspension of performance and changes and location of performance). 13.2 If any change under paragraph 13.1 causes a significant increase or decrease in the cost of the time required for performance of the Services, an equitable adjustment in the compensation and schedules under this Contract shall be negotiated to reflect such increase or decrease, and this Contract shall be modified in writing accordingly. Such equitable adjustment shall constitute full compensation to OIC for such change. If any change under paragraph 13.1 results in a decrease in the Services to be performed, OIC shall not be entitled to anticipated profit on Services not performed and the loss of anticipated profit shall not reduce the decrease in compensation under this Contract resulting from such exchange. Further, OIC shall not be entitled to any reallocation of cost, profit or overhead. 13.3 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment under paragraph 13.2, OIC shall immediately proceed with performance of the Services as changed pursuant to paragraph 13.1. If OIC intends to assert a claim for equitable adjustment under paragraph 13.1, OIC must, within sixty (60) days after OIC's receipt of any notice under paragraph 13.1 that does not set forth an acceptable adjustment, submit to the City a written statement of the basis and nature of the adjustment claimed. OIC shall not be entitled to any adjustment unless such written statement is submitted by OIC to the City within the applicable period. Section 14. Termination 14.1 The City may, by giving OIC thirty (30) calendar days written notice of termination, terminate this Contract as to all or any portion of the Services not then performed, whether or not OIC is in breach or default, and with or without cause. Upon receipt of any such notice of termination, OIC shall, except as otherwise directed by the City, immediately stop performance of the Services to the extent specified in such notice. OIC shall have the same termination rights as the City as specified in Section 14. 14.2 In the event of termination pursuant to paragraph 14.1, an equitable adjustment shall be made in the compensation payable to OIC under this Contract, provided that such compensation as so adjusted shall in no event exceed a percentage of the total compensation otherwise payable under this Contract equal to the percentage of the Services satisfactorily completed at the time of termination. Further, OIC shall not be entitled to any reallocation of cost, profit or overhead. OIC shall not in any event be entitled to anticipated profit on Services not performed on account of such termination. OIC shall use its best efforts to minimize the compensation payable under this Contract in the event of such termination. 14.3 If the City purports to terminate or cancel all or any part of this Contract for OIC's breach or default when OIC is not in breach or default which would permit such termination or cancellation, such termination or cancellation shall be deemed to have been a termination Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 11 by the City pursuant to paragraph 14.1 and the rights of the parties shall be determined accordingly. Section 15. Miscellaneous 15.1 Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by OIC to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of OIC stated herein. 15.2 No Conflict of Interest. OIC represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Contract. OIC further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Contract. 15.3 No Insurance. It is understood that the City does not maintain liability insurance for OIC and/or its officers, employees, agents, instructors, and/or subcontractors. 15.4 Severability. If any portion of this Contract is changed per mutual agreement or any portion is held invalid, the remainder of the Contract shall remain in full force and effect 15.5 Integration. This written document constitutes the entire agreement between the City and OIC. There are no other oral or written Contracts between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 15.6 Notices Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to all the parties and people to their addresses as follows. TO CITY. Dick Zais, City Manager City of Yakima Yakima City Hall — First Floor 129 North Second Street Yakima, WA 98901-2613 (509) 575-6040 Sam Granato, Chief of Police Yakima Police Department 200 South Third Street Yakima, WA 98901-2830 (509) 575-6211 Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 12 TO OPPORTUNITIES INDUSTRIALIZATION CENTER Mr Ronnie Williamson Chair of Board of Directors of OIC of Washington 815 Fruitvale Blvd Yakima, WA 98902 (509) 248-6751 Ester B. Huey, Director Southeast Yakima Community Center 1211 South Seventh Street Yakima, WA 98901 (509) 575-6114 or to such other addresses or people as the parties may hereafter designate in writing. Notices and/or demands shall be sent by both regular and first class mail, and by registered or certified mail, postage prepaid, or hand delivered Such notices shall be deemed effective when hand delivered at the addresses specified above, or three (3) days after the date of mailing to the addresses specified above 15 7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 15.8 Venue The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 13 CITY OF YAKIMA OPPORTUNITIES INDUSTRIALIZATION CENTER OF WASHINGTON o1yyl�uj�—� Richard A. Zais, Jr , Cry Manager Ronnie Williamson Date -/%-D Chair of the Board of Directors Date. 7 S- 9' City Contract No • ADO 9- 7/ Resolution No ADO 1–>t STATE OF WASHINGTON ) COUNTY OF YAKIMA ) ss. I hereby certify that I know or have satisfactory evidence that Ronnie Williamson is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated that he/she was authorized to execute the instrument, acknowledged that he is the Chair of the Board of Directors of the Opportunities Industrialization Center of Washington and that the Board of Directors has authorized him to execute this instrument, and he acknowledged it as the Chair of the Board of the Opportunities Industrialization Center of Washington, to be a free and voluntary act of the Opportunities Industrialization Center of Washington for the uses and purposes mentioned in the instrument DATED this day of June, 2009. Contract Between the City of Yakima and Opportunities Industrialization Center of Washington Print Name NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires 14 EXHIBIT A Map of City of Yakima Police Districts is attached Contract Between the City of Yakima and Opportunities Industrialization Center of Washington 15 1 Ell 1 feet City of Yakima - Police Areas Department of Justice Office of Justice Programs `:= :a Bureau of Justice Assistance Grant PAGE 1 OF 2 1. RECIPIENT NAME AND ADDRESS (Including TM Code) City of Yakima 129 N. Ind Street Yekitaa WA 98901 4. AWARD NUMBER: 200843D -11X.0482 5. PROTECT PERIOD: FROM 09/01/2008 TO 08!312011 BUDGET PERIOD: FROM 09/012008 TO 08/31)2011 6. AWARD DATE 09/08/2008 7. ACTION IA. GRANTEE IRS/VENDORNO. 916001315 8. SUPPLEMENT NUMBER 00 Initial 9. PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE Second Chance Yakima 10. AMOUNT OF THIS AWARD S 335,381 11. TOTAL AWARD S 335,381 12. SPECIAL CONDITIONS TUE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE. SET FORTH ON THE ATTACKED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT t This project is supported under ]Y08(BJA -Byrne Discretionary Granui) P.L. 114161 15. METHOD OF PAYMENT PAPRS GRANTEE ACCEPTANCE 111111111111111111 AGENCY APPROVAL l6. TYPED NAME AND TITLE OF APPROVING OFFICIAL IkRrey L. Scdgwick Acting Assidatd Anon -Icy General I8. TYPED NAME AND ITTLE OF AUTHORIZED GRANTEE OFFICIAL Richard Trim City Manager 17 SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL I 9A. DATE \ AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND 81TD. DTV. YEAR CODE ACT OFC. REG. RID. POMS AMOUNT X 8 DI 80 CO 00 335381 21. 13DIUGT0129 OW FORM 4000/2 (RIiV 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OW FORM 4000/2 (REV 4-88) r Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 200A -DD -21X-002 AWARD DATE 09NRl1008 PAGE 2 OF 2 SPECIAL CONDITIONS I, The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient ackmowtedges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance_ 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the 01P Financial Guide, Chapter 19. 4 Recipient understands and agrees that it cannot use any federal finds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of 0111. S. No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the grantee whose total anconal cash oompeusation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. b. MI contracts under this award should be competitively awarded unless circumstances preclude competition. When a contract amount exceeds $100,000 and there has been no competition for the award, the recipient must comply with rules governing sole source procurement found in the current edition of the OJP Financial Guide. 7. Prior to the expenditure of confidential funds, the recipient and any sttbrecipients agree to sign a certification indicating that be or she has read, tmdcrstands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in the OJP Financial Guide. OJP FORM *WW2 (REV 4-101) • • USINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 16 For Meeting of June 16, 2009 ITEM TITLE: Consideration of a Personal Services Contract with OIC to provide a Community Coordinator to assist the Police Department on the Yakima Second Chance Initiative SUBMITTED BY: Chief Granato, Police Department CONTACT PERSON/TELEPHONE: Chief Sam Granato - 575-6211 SUMMARY EXPLANATION:. On September 8, 2008, the City received a grant through the Edward Byrne Memorial Discretionary Grants Program (Byrne Discretionary Program), a program that helps local communities improve the capacity .of local justice, systems and provides for national support efforts; funds through the Edward Byme Memorial Discretionary. This grant is to support Yakima's Second Chance Program, a program designed to reduce crime through special emphasis patrol sweeps and to conduct sweeps during peak crime hours in high crime areas, to establish Block Watch Programs in high crime neighborhoods, and to work with landlords to establish a fully operational Crime -Free Rental Housing Program. The City and OIC desire to work collaboratively together to revitalize neighborhoods in the City of Yakima by reducing the influence of gangs, gang activity, crime, and to develop effective law enforcement programs, prevention programs, and intervention programs in partnership with state, local, and federal law enforcement agencies, along with municipal, state, and county govemment, non -profits, educational agencies, community organizations, and residents in the targeted neighborhoods. As part of this collaborative effort, the City and OIC desire to enter into a professional services agreement for OIC to provide a Community Coordinator to assist the Department with implementation of the Second Chance Program. OIC will be paid $50,000 per year to provide this service. This funding is provided in the grant. Resolution X Ordinance Contract Other (Specify) Funding Source Grant Funded APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: It is recommended the Council direct the City Manager to enter into a Professional Service Agreement with OIC to provide a Community Coordinator for the Yakima Second Chance Initiative COUNCIL ACTION: