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
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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
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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
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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.
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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
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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
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Richard A. Zais, Jr , City Hager
Date
ATTEST
By
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Bill Dolsen, Chairman of the Board
Date:
ity Clerk
City Contract No •
Resolution No •
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STATE OF WASHINGTON )
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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.
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NOTARY NC,1TARY PUBLIC in and for the State of
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CoF oo0JO appointment expires i 2/01 1201 0
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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
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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
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