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
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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.
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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
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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.
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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.
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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,
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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.
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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.
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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.
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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
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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
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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: