HomeMy WebLinkAboutR-2015-037 Community Outreach and Mobilization Services Agreement with Citizens for Safe Yakima Valley CommunitiesRESOLUTION NO. R-2015-037
A RESOLUTION authorizing the City Manager to execute and administer an
agreement between Citizens for Safe Yakima Valley Communities
("Safe Yakima Valley"), a nonprofit corporation, and City of Yakima,
for community outreach and mobilization services in support of
public safety objectives
WHEREAS, Safe Yakima Valley is a nonprofit corporation organized and existing
under the laws of the State of Washington whose primary purpose is to improve and
safeguard the Yakima community through educational activities, mobilization of
community volunteers, and promotion of the community; and
WHEREAS, the City has existing community public safety programs, including the
Gang Free Initiative and a community preparedness program, together with planned
community public safety programs such as a community relationship -building program
initiated by the Yakima Police Department and the potential future development of a
"community court" system; and
WHEREAS, the City desires to retain Safe Yakima Valley to provide community
coordination and volunteer mobilization in support of, and to facilitate performance of, the
City's community public safety programs; and
WHEREAS, the City and Safe Yakima Valley have negotiated an Agreement
whereby Safe Yakima Valley will provide community outreach and mobilization services to
facilitate, promote and assist in the implementation of City's public safety objectives; and
WHEREAS, the City Council finds and determines that approval of such
Agreement is in the best interests of residents of the City of Yakima and will promote the
general health, safety and welfare, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and administer the
"Community Outreach and Mobilization Agreement — Public Safety Objectives," by and
between the City of Yakima and Safe Yakima Valley, a copy of which Agreement is
attached hereto as Exhibit "A" and incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 17th day of March, 2015
ATTEST:
Sonya\llaar Tee, Citi Clerk
-* .
Micah Cawl¢y, Mayor
COMMUNITY OUTREACH AND MOBILZATION
AGREEMENT - PUBLIC SAFETY OBJECTIVES
By and Between
CITY OF YAKIMA
And
CITIZENS FOR SAFE YAKIMA VALLEY COMMUNITIES
THIS COMMUNITY OUTREACH AND MOBILIZATION AGREEMENT (hereinafter the
"Agreement") is executed by and between the City of Yakima, Washington, a municipal
corporation (hereinafter the "City") and Citizens for Safe Yakima Valley Communities
Central, a Washington nonprofit corporation (hereinafter "Safe Yakima Valley").
I. Recitals
A. City is a municipal corporation of the State of Washington with City Hall
located at 129 North 2nd Street, Yakima, Washington 98901.
B. Safe Yakima Valley is a nonprofit corporation with charitable tax exempt
status under Internal Revenue Code §501(c)(3) whose primary purpose is to improve
and safeguard the Yakima community through educational activities, mobilization of
community volunteers, and promotion of the community. Safe Yakima Valley maintains
offices at 10 North 9th Street, Yakima, Washington 98901.
C. The parties agree that Safe Yakima Valley will administer the funds and
activities described below to coordinate, facilitate and promote the City programs
described below within the City in accordance with the terms and conditions of this
Agreement.
D. The City has existing community public safety programs, including the
Gang free Initiative and a community preparedness program, together with planned
community public safety programs such as a community relationship -building program
initiated by the Yakima Police Department, and possible future development of a
"community court" system. The City desires to retain Safe Yakima Valley to provide
community coordination and volunteer mobilization in support of, and to facilitate
performance of, the City's community public safety programs.
II. Agreement
WHEREFORE, in consideration of the mutual covenants, promises and conditions set
forth herein, the City and Safe Yakima Valley agree as follows:
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1. Payment of Funds by City. In compensation for the services provided by
the Safe Yakima Valley under this Agreement, the City shall pay Safe Yakima Valley an
Administration Fee. The amount of the Administration Fee shall be Thirty Thousand
Dollars ($30,000 00), payable in equal quarterly installments described below and
supported by a description of services performed as deemed necessary or appropriate
by City The City shall make the first payment of $7,500 to Safe Yakima Valley on or
before April 30, 2015, and subsequent payments of $7,500 on or before July 31, 2015,
November 30, 2015 and March 31, 2016. In the event Safe Yakima Valley incurs any
fiscal obligation within the scope of services of this Agreement that requires payment of
more than the established $7,500 allocated for any quarterly payment, Safe Yakima
Valley may make request for payment of such additional amount supported by
documentation satisfactory to the City showing the reason(s) for such additional
disbursement. If such additional payment is approved by City, such extra funds shall be
deducted from the remaining funds allocated for disbursement, and such remaining
funds shall be disbursed in equal amounts over the remaining quarterly payments. In
the event that the Agreement is terminated prior to expiration of the term of this
Agreement, Safe Yakima Valley shall be compensated on a pro -rata basis for work
performed through the termination date.
2. Term of Agreement. This Agreement shall be for a term of one year
commencing on the date this Agreement is executed by both parties and shall terminate
at midnight, March 31, 2016
3. Scope of Services. Safe Yakima Valley shall use the funds received from the
City to establish, promote and conduct at least two or three community forums or similar
community participation events each quarter of year 2015, commencing with the second
quarter of the year (April 1 through June 30, 2015). Safe Yakima Valley will (a) use
appropriate media and web site available to it to promote such events; (b) mobilize
community volunteers to establish and conduct such forums and events; (c) coordinate
dates and locations for such forums with appropriate officers and personnel of the City,
and (d) provide for the logistical needs of such forums and events, including but not
limited to, provision of materials, supplies, travel, facility costs and other logistical costs
and expenses Such funds may also be used to defray Safe Yakima Valley's
administrative costs incurred in managing and administering such activities.
The subjects for the community forums and events will be cooperatively selected by City
and Safe Yakima Valley, and scheduled and conducted upon mutually agreed dates,
times and locations. The community forums and events will be used to promote the
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following community public safety programs, together with any other community public
safety program associated therewith or determined by City:
• The Yakima Gang Initiative has established gang prevention objectives,
which require neighborhood venues and a goal to engage audiences of
parents and community members. Safe Yakima Valley will facilitate these
forums monthly or as otherwise agreed by the parties in coordination with
Gang Initiative staff, as well as continue activities and programs such as "100
Jobs for 100 Youth," to build youth life skills and reduce idle populations in
our neighborhoods.
• Emergency Preparedness has an objective of community outreach, which will
require forums and volunteers to communicate the "prepared community"
message. Safe Yakima Valley will provide the logistics to mobilize volunteers
to support community outreach and education related to local hazards and
disaster preparation. Safe Yakima Valley will also assist in the development
and distribution of educational materials and disaster kits for homes and
businesses.
• The Yakima Police Department (YPD) will begin a new Community Policing
program with community relationship -building as its specific outreach. Safe
Yakima Valleys will serve as liaison with neighborhoods and minority
community members to extend YPD's efforts. Additionally, Safe Yakima
Valley will assist in relaying conversations across language barriers.
• The City is exploring formation of a "community court" system. Safe Yakima
Valley will cooperate with City to enable City to further study the concept,
provide advice on possible convenient and safe locations for community court
venue(s), and extend educational information to neighborhoods and other
possible stakeholders regarding such community court systems.
4. Reports. Safe Yakima Valley will prepare and provide to City a written quarterly
report listing and describing the Safe Yakima Valley's 2015 events, plans, programs and
timelines regarding the services described in Section 3 above.
5. Termination of Agreement. This Agreement may be terminated by either party
for any reason upon thirty (30) calendar days' advance written notice to the other party.
Upon the effective date of termination, City shall have no further obligation to pay any
remaining funds to Safe Yakima Valley except for those funds necessary to defray costs
of any contracts with third parties entered into by Safe Yakima Valley for the sole benefit
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of City as set forth in the Action Plan. Notwithstanding the above, upon termination of
this Agreement by City pursuant to this Section 5, Safe Yakima Valley shall use best
efforts to terminate any contract for the sole benefit of City entered into by Safe Yakima
Valley for the sole benefit of City unless otherwise directed in writing by City
6. Property and Equipment. The parties do not intend to purchase property and
equipment with the proceeds paid to Safe Yakima Valley pursuant to this Agreement.
7. Records and Accounts. The Safe Yakima Valley 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 expenditures
incurred and/or made pursuant to this Agreement. All such books, accounts, records,
documents and other materials shall be subject to inspection and audit at reasonable
times by representatives of the City of Yakima and/or of the Washington State Auditor.
The Safe Yakima Valley 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 any of said local and/or
state government representatives. Said books, accounts, records, documents and other
materials may be copied by said local and/or state government representatives as part
of such an inspection/audit. The Safe Yakima Valley shall preserve and make available
all books, accounts, records, documents and other materials for a period of at least
three (3) years after termination of Agreement.
8. Insurance.
A. City's Insurance It is understood the City does not maintain liability
insurance for the Safe Yakima Valley and/or its officers, employees, volunteers, agents
and/or subcontractors
B. Safe Yakima Valley's Insurance. At all times during performance of the
Services, Safe Yakima Valley shall secure and maintain in effect insurance to protect
the City and the Safe Yakima Valley from and against all claims, damages, losses, and
expenses arising out of or resulting from the performance of this Contract. Safe Yakima
Valley shall provide and maintain in force insurance in limits no Tess than that stated
below, as applicable The City reserves the rights to require higher limits should it deem
it necessary in the best interest of the public. If Safe Yakima Valley carries higher
coverage limits than the limits stated below, such higher limits shall be shown on the
Certificate of Insurance and Endorsements and City shall be named as an additional
insured for such higher limits
Commercial General Liability Insurance. Before this Agreement is fully
executed by the parties, Safe Yakima Valley shall provide the City with a
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certificate of insurance as proof of commercial liability insurance and commercial
umbrella liability insurance with a total liability limit of the limits required in the
policy, subject to minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit bodily injury and property damage, and One
Million Dollars ($1,000,000.00) 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. The insured
shall not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice. 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.
Safe Yakima Valley will also provide statutory workers' compensation and employer's
liability insurance as required by state law
9. Hold Harmless.
a. The Safe Yakima Valley agrees to protect, defend, indemnify, and hold
harmless the City and its officers, elected officials, employees and
agents from any and all claims, demands, losses, liens, liabilities,
penalties, fines, lawsuits, and other proceedings and all judgments,
awards, costs and expenses (including attorneys' fees and
disbursements) caused by or occurring by reason of any negligent act
and/or omission of the Safe Yakima Valley, its officers, employees,
agents, and/or subcontractors, arising out of or in connection with duties,
obligations, and services required of the Safe Yakima Valley under this
Agreement.
b. In the event that both the Safe Yakima Valley and the City are negligent,
the Safe Yakima Valley's liability for indemnification of the City shall be
limited to the contributory negligence for any resulting suits, actions,
claims, liabilities, damages, judgments, costs and expenses (including
reasonable attorneys' fees) that can be apportioned to the Safe Yakima
Valley, its officers, employees, agents and/or subcontractors.
c. Nothing contained in this Section or this Agreement shall be construed to
vest a right of defense and/or indemnification in any third party.
d. The provisions of this Section or this Agreement shall survive the
termination or expiration of this Agreement.
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10. Independent Contractor. In performing this Agreement, Safe Yakima Valley is
an independent contractor, not subject to control or direction from the City except for
such oversight as is herein described and set forth by City ordinance Safe Yakima
Valley expressly represents, warrants and agrees that its status as an independent
contractor in the performance of the work and services required under this Agreement is
consistent with and meets the six -part independent contractor test set forth in RCW
51.08.195. Safe Yakima Valley and its officers, employees, agents, subcontractors and
volunteers shall make no claim of City employment nor shall claim against the City any
related employment benefits, social security and/or retirement benefits
11. Taxes and Assessments. Safe Yakima Valley shall be solely responsible for
compensating its officers, employees, agents and/or subcontractors 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 or in connection with the duties, obligations and services
required of Safe Yakima Valley under this Agreement, Safe Yakima Valley shall pay the
same before it becomes due.
12. Nondiscrimination. During the performance of this Agreement, Safe Yakima
Valley shall not discriminate 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. Safe Yakima Valley agrees to comply with
the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
13. The Americans with Disabilities Act. Safe Yakima Valley shall comply with
the Americans with Disabilities Act of 1990, 42 U.S.0 §§ 12101 et seq.("ADA") and its
implementing regulations and Washington state's anti -discrimination law as set forth in
Chapter 49.60 RCW ("WLAD") and its implementing regulations, with regard to the
provision of services under this Agreement. The ADA and the WLAD provide
comprehensive civil rights to individuals with disabilities in the area of employment,
public accommodations, public transportation, state and local government services and
telecommunications.
14. Compliance with Law. Safe Yakima Valley shall provide all services under this
Agreement in full compliance with any and all applicable laws, rules and regulations
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adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local or otherwise.
15. Assignment. This Agreement, or any interest therein, or claim hereunder, shall
not be assigned or transferred in whole or in part by Safe Yakima Valley 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 Safe Yakima Valley as stated herein.
16. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal or invalid in whole or in part, the validity of the
remaining provisions shall not be affected, and the parties' rights and
obligations shall be construed and enforced as if the Agreement did not
contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict
shall be deemed inoperative and null and void insofar as it may conflict
and shall be deemed modified to conform to such statutory provision.
c. Should either party determine that the severed portions substantially alter
this Agreement so that the original intent and purpose of the Agreement
no longer exists, said party may, in its sole discretion, terminate this
Agreement upon thirty (30) calendar days' advance written notice to the
other party.
17. Non -waiver. A waiver by either party hereto of a breach by the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the
other party not in default to avail itself of any subsequent breach thereof. Leniency,
delay or failure of either party to insist upon strict performance of any agreement,
covenant or condition of this Agreement, or to exercise any right herein given in any one
or more instances, shall not be construed as a waiver or relinquishment of any such
agreement, covenant, condition or right.
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18. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand -delivered to the parties at their respective addresses as
follows:
To the City.
To Safe Yakima Valley:
Tony O'Rourke, City Manager
City of Yakima
129 North 2nd Street
Yakima, Washington 98901
Carmen Mendez, Executive Director
Safe Yakima Valley
10 North 9th Street
Yakima, Washington 98901
or to such 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.
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. Integration and Supersession. 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. There are no
terms, conditions, or agreements with respect thereto except as herein provided, and no
amendment or modification of this Agreement shall be effective unless reduced to
writing and executed by the parties.
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.
23. Dispute Resolution. The parties shall strive to resolve any dispute that may
arise through mutual cooperation and negotiation in good faith. If the dispute is not
resolved through negotiation, the parties may consider mediation or other form of
dispute resolution but only where mutually agreed to in writing.
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WHEREFORE, the parties have executed this Agreement as set forth below:
CITY OF YAKIMA CITIZENS FOR SAFE YAKIMA
VALLEY COMMUNITIES
By:
T
e, City Manager
Date.
1
ATTEST:
By: AAa A -A t & ac LL
Ann 1arie Dufault, ai : ident
,2015 BY.0
Ken Marble, Secretary
Sonya Claar Tee, City Clerk
REectumpiac "g (")/rs-()3
By:
0,1 01 -PA- 64111.
Carmen Mendez, Executive 'rector
9
tfi..1;.1111,
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: March 17, 2015
Resolution approving Community Outreach and Mobilization
Agreement by and between the City of Yakima and Citizens
for Safe Yakima Valley Communities ("Safe Yakima Valley")
Perry Tarrant, Director of Emergency Managment and
GFI
SUMMARY EXPLANATION:
The City of Yakima has existing community public safety programs, including the Gang Free
Initiative and a community preparedness program, together with planned community public
safety programs such as a community relationship -building program initiated by the Yakima
Police Department, and possible future development of a "community court" system
The City desires to retain Safe Yakima Valley to provide community coordination and volunteer
mobilization in support of, and to facilitate performance of, the City's community public safety
programs. The attached Agreement requires Safe Yakima Valley to organize and conduct at
least two to three community forums and/or community events per quarter to promote the City's
public safety goals and programs. The Agreement is for one year and includes compensation in
the total amount of $30,000, payable in quarterly installments.
Resolution: X Ordinance:
Other (Specify):
Contract Contract Term:
Start Date: End Date: 12/31/2015
Item Budgeted: No Amount: $30,000
Funding Source/Fiscal Impact:
Strategic Priority: Public Safety
Insurance Required? Yes
Mail to: Carmen Mendez, Executive Director, Safe Yakima Valley, 10
North 9th Street, Yakima, WA 98901
Phone: (509) 969-6343
APPROVED FOR
SUBMITTAL:
Ant
City Manager
RE CO MMENOATION:
The Council Public Safety Committee and staff recommend Council approve the resolution.
ATTACHMENTS:
Description Upload Date
❑ resolution 3/12/2015
❑ aareement 3/11i2015
Type
Resolution
Cover Memo