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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: 1 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 2 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 3 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 4 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. 5 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 6 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. 7 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. 8 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