Loading...
HomeMy WebLinkAboutR-2009-026 Citizens for Safe Yakima Valley Communities Agreement CSCRESOLUTION NO. R-2009-26 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Agreement with Citizens for Safe Yakima Valley Communities (hereafter "CSC") for the purpose of fostering community development, contributing to the operation of City government, improving the quality of life in Yakima and building a safe community. WHEREAS, CSC is an independent, non-profit corporation that is committed to improving the community in several ways, including but not limited to: fostering community development, contributing to the operation of City govemment, enhancing the quality of life in Yakima, building a safe community for its citizens, organizing and supporting CSC to improve pubic safety in the City of Yakima and in the Yakima Valley, and promoting collaboration between law enforcement, business, education, and residents directed at reducing crime and the causes of crime; and WHEREAS, the City had a previous Agreement with CSC in 2008 for similar services pursuant to Contract No. 2008-28, and the term of that Agreement ended on December 31, 2008; and WHEREAS, the City and CSC wish to support the relationship between the City and CSC by entering into another Agreement for one year, with a term of January 1, 2009 to December 31, 2009; and WHEREAS, CSC represents that it has the expertise necessary and is willing to perform the services in accordance with the terms and conditions of the Agreement; and WHEREAS, the City Council finds it to be in the best interest of the City of Yakima to authorize the City Manager to execute an Agreement with Citizens for Safe Yakima Valley Communities for the purpose of fostering community development, contributing to the operation of City government, improving quality of life in Yakima and building a safe community; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes the City Manager to execute an Agreement with Citizens for Safe Yakima Valley Communities (CSC) for the services provided in the Agreement, which is entitled "Citizens for Safe Yakima Valley Communities ("CSC") Public Sector Professional Services Agreement with the City of Yakima, Washington." ADOPTED BY THE CITY COUNCIL this 3"1 day February, 09. ATTEST: David •ler, Mayor zdem z4 CITIZENS FOR SAFE YAKIMA VALLEY COMMUNITIES ("CSC") PUBLIC SECTOR PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF YAKIMA, WASHINGTON THIS PROFESSIONAL SERVICES AGREEMENT (hereafter "Agreement") is made and entered into by and between the CITY OF YAKIMA (hereafter "City"), a Washington municipal corporation, and the CITIZENS FOR SAFE YAKIMA VALLEY COMMUNITIES (hereafter "CSC"), a Washington non-profit corporation WHEREAS, the City Council of the City of Yakima desires to foster community development, contribute to the operation of city government, enhance the quality of life in Yakima and build a safe community for its citizens, and WHEREAS, the City wishes to utilize the skill, experience, and expertise of CSC rather than attempting to perform the same services at greater expense, and WHEREAS, CSC staff possesses skills, experience and expertise in the development of programs to enhance community well-being and a safe community, and WHEREAS, the City wishes to exercise authority granted under RCW 35 21 703 and its police powers by contracting with CSC to achieve these goals; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and CSC as follows 1. SCOPE OF SERVICES. CSC 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. CSC'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. CSC 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 CSC's services to the City shall include, but not be limited to, planning and full implementation of. The organization and coordination of the efforts of various groups in a collaborative manner and the execution of activities and projects directed solely at making Yakima a safe place to work, run a business and raise a family, including the following programs. a Summer Jobs for Disadvantaged Youth — "Job for Kids" Program — Work with businesses and the Southeast Community Center to create 150 summer jobs for 150 youth and to conduct one career fair in the Spring to introduce youth employment opportunities b. Campaign to Reduce the Use of Methamphetamine — Develop and launch an aggressive educational and media campaign directed at reducing addiction to Methamphetamine and the causes of addiction associated with the use of all illegal drugs This campaign will require the leveraging of community 1 assets and the creation of new partnerships for success CSC will also evaluate a proposed possible collaboration with Pacific Northwest University of Health Sciences c Regional Youth Forum — Organize and conduct a youth forum that attracts youth from throughout the county and engages them in youth initiated projects aimed at reducing juvenile crimes, gang membership, and the causes of crimes in their respective communities CSC will track the number of youth participants and volunteers taking part in the youth forum The views expressed during the youth forum will be communicated to local officials and legislators from the Yakima Valley d. Gang Prevention and Intervention — Reduce youth involvement in gangs through various approaches, including but not limited to outreach to youths and their families, town hall meetings, and community education to increase the capacity of the community to reduce violence and gang involvement. e Benchmarking Results — Support efforts such as neighborhood policing (Emphasis Patrols) for specific neighborhoods with baseline perception surveys and follow-up perception surveys to determine valid, measurable results f CSC Operations and Staffing — Support the cost of operations, staffing and logistical expenses associated with sustaining the CSC volunteer organization. 2. PERIOD OF PERFORMANCE. The period of performance under this Agreement will be one year, commencing at 12.01 a m on January 1, 2009, and continuing until midnight on December 31, 2009, unless earlier terminated by either party in accordance with Section 18 of this Contract. 3. COMPENSATION, METHOD OF PAYMENT, REPORTING. CSC shall receive reimbursement on a monthly basis for contract related expenditures made within the preceding monthly period Total compensation for this contract shall not exceed Twenty Thousand dollars ($20,000) over the twelve month contract period beginning January 1, 2009, as approved in the 2009 City budget. CSC shall submit two semi-annual reports to the City detailing work toward accomplishment of the above referenced activities, one report for activities through June 30 of the year, and one report for activities through December 31 of the year The first semi-annual report detailing work through June 30 shall be due on or before July 15, 2009. The second semi-annual report detailing CSC's activities during the second half of the year shall be due no later than 15 days after the end of that period, or on or before January 15, 2010 4. TAXES AND ASSESSMENTS. CSC shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, CSC shall pay the same before it becomes due 2 5. ESTABLISHMENT AND MAINTENANCE OF RECORDS. CSC shall maintain accounts and records, including personnel, property, financial, and program records, and such other records as the City may deem necessary, including a system of internal controls and accounting systems which conform to generally accepted accounting principles and auditing standards This is to ensure proper accounting for all funds provided under this Agreement All such records and documents shall be retained by CSC and be available for inspection, audit and copying by the City during the term of this Agreement and for a period of three (3) years following the termination of this Agreement 6. AUDITS AND INSPECTIONS. a CSC shall provide access of facilities to the City, the state and/or federal agencies or officials at reasonable times to monitor and evaluate the services provided under this Agreement. The City will give advance notice to CSC in the case of fiscal audits, pertaining to the services provided under this Agreement, to be conducted by the City b Records and documents pertaining to services provided under this Agreement shall be subject at all reasonable times to inspections, review, or audit by the City and/or duly authorized federal/state officials, including but not limited to, the Washington State Examiner The City will give advance notice to CSC in the event an inspection of records is required, which may include a quarterly on-site audit and inspection of financial records c. If CSC has its annual financial statement audited by an independent certified public accountant during the period of this Agreement, one copy of such audit shall be provided to the City. 7. REVIEW AND EVALUATION. CSC agrees to cooperate with the City or its agent in the City's annual review and evaluation of CSC's performance under this Agreement and to make available all information reasonably required for any such evaluation process 8. INSURANCE. On or before the effective date of this Agreement, CSC shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One Million Dollars ($1,000,000 00) that clearly states who the provider is, the amount of coverage, 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 name the City of Yakima, 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. If the City is damaged by the failure of CSC to maintain the above insurance or to so notify the City, then CSC shall bear all costs attributable thereto. 9. INDEMNIFICATION. CSC shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from CSC's performance or non-performance of the services, duties and obligations required of it under this Agreement. 3 10. NONDISCRIMINATION. During the performance of this Agreement, CSC shall not discriminate in violation of any applicable federal, state, and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap 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 employment training, or in the administration or delivery of services or any other benefits under this Agreement 11. PROHIBITED ACTS. CSC shall use all consideration provided under this Agreement solely to pay for labor, equipment, materials, and overhead in its operations and for the services to be provided by CSC as described in Section 1, "Scope of Services" It shall not use such consideration as loans, grants, or gifts to public or private entities for any purpose whatsoever Violation of the provision of this Section shall be cause of immediate termination of this Agreement, notwithstanding any other provision contained herein, and CSC shall repay to the City any funds transferred in violation of this Section 12. INDEPENDENT CONTRACTOR STATUS OF CITIZENS. CSC and the City understand and expressly agree that CSC is an independent contractor in the performance of each and every part of this Agreement. CSC, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, CSC 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. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between CSC or any officer, employee or agent of CSC and the City 13. INTEGRATION. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof 14. MODIFICATIONS. Either party may request modifications to this Agreement but no proposed modifications to this Agreement shall be valid or binding upon either party unless such modification is in writing and executed by both parties 15. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or transferred in whole or in part by CSC 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 CSC stated herein 16. NON -WAIVER. The waiver of either the City or CSC of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision 17. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect 18. TERMINATION. This Agreement may be terminated, with or without cause, prior to the date specified above in Section 2, by written notice from either party to the other thirty (30) days in advance of the termination In the event of termination, the amount of compensation shall be prorated monthly to the nearest full month of service 4 19 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 20. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows TO CITY TO CITIZENS R. A. Zais, Jr , City Manager City of Yakima 128 N Second Street Yakima, WA 98901 Michael P Morrisette, Secretary/Treasurer Citizens for Safe Yakima Valley Communities P O Box 1490 10 North 9th Street Yakima, WA 98907 or to such other addresses as the parties may hereafter designate in writing Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above 21. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington 22. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington CITY OF YAKIMA CITIZENS FOR SAFE YAKIMA VALLEY COMMUNITIES BY `� \\ �`^� By /J C�� �1 Richard A. Zais, Jr , City Hager Date ATTEST By Z/5/0 9' Bill Dolsen, Chairman of the Board Date: ity Clerk City Contract No • Resolution No • 5 7/f 3/b q STATE OF WASHINGTON ) ) ss COUNTY OF YAKIMA ) I hereby certify that I know or have satisfactory evidence that Bill Dolsen is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated that he was authorized to execute the instrument and acknowledged it as the Chairman of the Board of Citizens for Safe Yakima Valley Communities to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 13 day. of F-.ruary, 2009. ,40\5 ` : s+oN - c ' `' i i='tlnti - ''s, Print Name 'Ti's vv' -r- c. E V is r2iT . NOTARY NC,1TARY PUBLIC in and for the State of o PUBLIC W' shington, residing at VA.►LirMA_ I l,a/A CoF oo0JO appointment expires i 2/01 1201 0 SER 1 6 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * 13 For Meeting of February 3, 2009 ITEM TITLE: authorizing the City Manager of the City of Yakima to execute an Agreement with Citizens for Safe Yakima Valley Communities (hereafter "CSC") for the purpose of fostering community development, contributing to the operation of City government, improving the quality of life in Yakima and building a safe community. SUBMITTED BY: Sam Granato, Police Chief Kelly Rosenow, Deputy Police Chief CONTACT PERSON/TELEPHONE: Sam Granato, Police Chief, 575-6211 Kelly Rosenow, Deputy Police Chief, 575-6210 SUMMARY EXPLANATION: The City had a previous Agreement with CSC in 2008 for similar services pursuant to Contract No. 2008-28, and the term of that Agreement ended on December 31, 2008. The City and CSC wish to support the relationship between the City and CSC by entering into another one- year Agreement with a term of January 1, 2009 to December 31, 2009. As described in the attached Agreement, CSC is committed to fostering community development, contributing to the operation of City government, enhancing the quality of life in Yakima, building a safe community for its citizens, organizing and supporting CSC to improve public safety in the City of Yakima and in the Yakima Valley. The services to be provided are described in the Agreement. CSC is a nonprofit corporation registered with the Washington Secretary of State. In December 2008, CSC applied to the IRS for 501(c)(3) tax-exempt status. Attached for reference is CSC's year-end report dated January 22, 2009, on the work CSC did in 2008. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Bill Dolsen, Chairman of the Board, CSC, P.O. Box 1490, Yakima, WA 98907 Phone: 248-2021 Funding Source APPROVED FOR SUBMITTAL: City j+ City Manager STAFF RECOMMENDATION: Adopt Resolution. • BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: ttizens for afe Yakima Valley ommunities Building safer communities citizen by citizen SAFE ;' YAKIMA VALLEY COMMUNITIES BUYM�'�intu :: 10•I\1. 9th Street • P.O. Box 1490 Yakima, WA 98907 Phone: (509) 248-2021 Fax: (509) 248-0601 • January 22, 2009 Rita DeBord, Finance Director City of Yakima Department of Finance & Budget 129 N. Second Street Yakima, WA 98901 Subject: 2008 Year End Report Citizens for Safe Yakima Valley Communities (CSC) is pleased to submit this report covering our organization's performancepursuant to our 2008 service contract for $20,000 with the City of Yakima. During our first year of funding from the City of Yakima, 2008, we had extensive results for our programs. We respectfully submit this summary report for your records. REPORT National Night Out - We supported an assembly of Neighborhood Block Watch program leaders on a monthly basis aimed at reinforcing the Neighborhood Block Watch program and expansion of the number of neighborhoods within the City with organized Block Watch Programs. We also planned and held the annual National Night Out Kick -Off Party (NNOKOP) that promotes public participation in Block Watch and public safety in general (detail event report submitted in 2008). One challenge CSC faced was'the lack of direct access to the names of City Block Watch participants. To work around this challenge, YPD personnel in charge of the Block Watch Program were requested to invite current Block Watch program participants to the regular meetings. Some block captains participated on an irregular basis, but CSC believes this restriction may have reduced potential Block Watch program participant participation in the planting of NNOKOP. In order to promote more participation at all levels, CSC recommends information sharing for the benefit of growing the number of Block Watch groups in the City. Sumner Jobs for Disadvantages Youth — CSC, in partnership with Yakima's South East Community Center and citizen volunteers, worked with local businesses to create over 100 jobs for 100 youth in the summer of 2008. We held a career fair and employment training day that served over 200 youth. Many local businesses and educational institutions were available on-site to answer questions from students and some employers recruited at the event. Every youth participant enjoyed receiving help preparing their resume and job applications. They also received group training on what to expect on their first job, at least one personalized interview experience, and an opportunity for peer-to-peer review of the experience. These benefits are of course in addition to their paid four week part-time work experience. Cam,aiun to Reduce the Use of Metham•hetamine — Our team of professionals and volunteers worked together to plan and develop an aggressive educational and media campaign directed at reducing addition to Methamphetamine and the causes of addiction associated with the use of all CSC is supported by grants from Yakima County, City of Yakima, Yakima Valley Community Foundation as well as individuals and businesses in our community. We thank them for their dedicated service and support. CSC's fiduciary agent is the Yakima Chamber Foundation which is a 501(c)(3) organization as defined by the IRS, Federal Tax ID #91-1692873. illegal drugs. The process was slowed by the lack of funding for our original plan. The plan has since been modified with the support of the Team and the leadership of CSC. Regional Youth Forum — We organized and conducted three youth forums within the County of Yakima; Yakima Juvenile Detention Center (YJDC), Eisenhower High School, and Toppenish area. Our goals including engaging youth in self -initiated projects aimed at reducing juvenile crimes, gang membership, and the causes of crimes in their respective communities. What we learned from our local youth was amazing. A document was created with direct input from youth detained at the YJDC was submitted to the City in 2008. Toppenish youth planned, organized, and held a community carnival at Lincoln Park in Toppenish (detail event report submitted in 2008). This group of youth would like to continue planning events that engage youth and adults in healthy activities. We look forward working with them in the future. Benchmarking Results — CSC staff supported neighborhood policing (Emphasis Patrols) by providing independent and separate labor and time to mail and collate public perception survey responses. CSC worked through an established City Memorandum of Understanding, and used an approved survey system maintained and operated, with Yakima Valley Community College. Reports generated from the responses received represented a fair, valid, and diverse cross section of Yakima. Survey results have been delivered to the appropriate YPD personnel. CSC Operations and Staffing — CSC operations were effectively and efficiently maintained through multiple funding streams of which the City is a major contributor. We believe significant strides have been made in our community toward empowering citizens, improving public safety and reducing crime in both the systemic and systematic realms. CSC is a connecting organization that engages citizens in discussions about important public safety issues and programs. We then act accordingly for the benefit of public safety. We remain diligent in our efforts. Should you have any questions regarding this submission, please contact myself or the 2008 CSC Chairman of the Board, Mike Leita at 574-1500. Sinc y, Carol A. Holden Executive Director Cc: Mike Leita, Chairman of the Board Mike Morrisette, Secretary/Treasurer • • •