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Home My WebLink AboutR-1992-D6167 Substance Abuse Coalition• RESOLUTION NO. DP 6167 A RESOLUTION: authorizing the execution of an Agreement Between City of Yakima and the Yakima County Substance Abuse Coalition, Inc. for community substance abuse prevention services. WHEREAS, the City of Yakima, ESD No. 105, Yakima County, and Yakima County School District No. 7 were members of an Interlocal Cooperative Agreement for the financing and operating of the County -Wide Coalition for the War on Drugs; and WHEREAS, said Interlocal Cooperative Agreement has been dissolved and, in its place, in order to foster greater legal flexibility, a private, non-profit corporation, the Yakima County Substance Abuse Coalition, Inc., has been formed for the purpose of carrying out the goals and objectives of the former Interlocal Cooperation Agreement; and WHEREAS, the City of Yakima has authority under Article 11, Section 11 of the Washington State Constitution to regulate and foster the public health, safety, and welfare of its residents; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the citizens of the City to continue a campaign of education, persuasion and community action against substance abuse; and WHEREAS, the City Council finds and declares that said corporation as the successor to the Interlocal Cooperation Agreement constitutes a sole source of services and the Council desires because of the unique prior experience and expertise of the staff and director of said corporation and the administration of said corporation of certain state and federal anti-drug grants; and WHEREAS, the City Council desires to contract with the Yakima County Coalition for the War on Drugs, Inc. for the aforementioned services, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "Agreement Between City of Yakima and the Yakima County Substance Abuse Coalition, Inc.," a true copy of which is attached hereto and incorporated herein by reference. ADOPTED BY THE CITY COUNCIL this 1 1,1 v lolay of August, 1992. City Clerk res/coalition.jv2 AGREEMENT BETWEEN CITY OF YAKIMA AND THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION, INC. WHEREAS, the City of Yakima, ESD No. 105, Yakima County, and Yakima County School District No. 7 were members of an Interlocal Cooperative Agreement for the financing and operating of the County -Wide Coalition for the War on Drugs; and WHEREAS, said Interlocal Cooperative Agreement has been dissolved and, in its place, in order to foster greater legal flexibility, a private, non-profit corporation, the Yakima County Substance Abuse Coalition, Inc., has been formed for the purpose of carrying out the goals and objectives of the former Interlocal Cooperation Agreement; and WHEREAS, the City of Yakima has authority under Article 11, Section 11 of the Washington State Constitution to regulate and foster the public health, safety, and welfare of its residents; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the citizens of the City to continue a campaign of education, persuasion and community action against substance abuse; and WHEREAS, the City Council desires to contract with the Yakima County Substance Abuse Coalition for the aforementioned services; NOW, THEREFORE, the parties mutually agree as follows: 1. PARTIES. In this Agreement the City of Yakima shall be the "City" and the Yakima County Substance Abuse Coalition, Inc.. shall be the "Coalition." The term "parties" shall be used in referring to both such entities. 2. TERM. This Agreement shall commence on the 1st day of September, 1992 and shall continue to December 31, 1993 unless terminated by the parties under the termination provisions provided in this Agreement. Thereafter, this Agreement shall continue from year to year, January 1 to December 31, unless terminated as provided herein. 3. CONSIDERATION. Commencing the 1st day of September 1992, the City shall pay the Coalition that amount of money it shall receive upon dissolution of the Interlocal Cooperation Agreement less Two Hundred Fifty Dollars ($250.00). The deduction of Two Hundred Fifty Dollars ($250.00) represents the value of property which would have been distributed back to the City from the dissolution of the aforementioned Interlocal Cooperative Agreement. The City shall pay the Coalition Fourteen Thousand Eight Hundred Sixty Dollars ($14,860.00) in equal semi-annual installments on March 1 and September 1, 1993. Commencing September 1 of 1993, and each September thereafter, the parties may negotiate a change in consideration for the coming year. Such negotiation shall be completed by November 1. Page 1 agr/wardrugs.jv 4. SCOPE OF WORK. The Coalition shall perform the following services for the City: a. Plan and organize a minimum of 100 National Night Out Against Crime and Drugs Block Parties by August 15, 1993 within the City. b. Plan, establish, and maintain six (6) neighborhood substance abuse prevention coalitions by December 31, 1993, to decrease crime and drugs within the City limits of Yakima. c. Increase private sector participation by involving fifteen (15) new businesses in Drug and Alcohol Awareness Week '93 by April 15, 1993. d. Develop and distribute crime and drug prevention materials to twenty thousand (20,000) City residents at community events and activities such as Kite Festival, July 4th celebration, and Central Washington State Fair. e. Attempt to develop public/private partnerships to finance City anti- gang programs at a level of Two Hundred Thousand Dollars ($200,000.00) per year. f. Coordinate one all -City community appreciation event for the Substance Abuse Coalition volunteers by October 31, 1993. Recruit one hundred (100) new volunteers to assist in substance abuse prevention programs. 5. SEMI-ANNUAL REPORT. On or before September 1 and March 1 of each contract year, the executive head of the Coalition shall provide a written report to the City Manager which shall provide in detail a progress report on completion of the scope of work defined in this Agreement. The report shall be comprehensive and shall provide adequate detail so that the City Manager may detei mine whether the scope of work defined in this Agreement is being carried out in a timely fashion and to the standards of this Agreement. The report for calendar year 1992 shall be due on December 31, 1992. 6. STATUS OF THE COALITION. The employees of the Coalition possess expertise in substance abuse knowledge and information which affects the citizens of the City of Yakima. The work force of the City does not include such expertise. In order to carry out the purposes and goals of this Agreement, the City must contract with the Coalition. g. The Coalition is an independent contractor and none of its employees are deemed to be employees of the City of Yakima 7. INDEMNIFICATION. The Coalition shall defend, indemnify and hold harmless the City of Yakima, its agents, officers, and employees, from any and all liability resulting from the performance of this Agreement. Such indemnity shall include, but not be limited to, monetary damages, attorney's fees, taxes, fees, Page 2 agr/wardrugs.jv and penalties. The parties intend that this indemnity shall be applied first and to its fullest extent in the event any other indemnity apply to a covered event. 8. NOTICE. Notices required by this Agreement shall be sent registered mail, return receipt requested, to the respective parties as the case may be: City Manager City Hall 129 North Second Street Yakima, WA 98901 Executive Director Yakima Substance Abuse Coalition, Inc. P.O. Box 554 Yakima, WA 98907 9. TERMINATION. Commencing the calendar year 1993, in the event the parties to this Agreement cannot reach agreement as to the consideration to be paid in any succeeding year of this Agreement by December 1st of the previous year, this Agreement shall then terminate on December 31st of that year. In addition, either party may terminate this Agreement mid -year by providing a thirty (30) day written notice to the other party. In that event, the City shall pay pro rata for work in progress. 10. ASSIGNMENT. The Coalition shall not assign any of the duties, rights or obligations created by this Agreement without written consent of the City. Such consent shall not be unreasonably withheld. 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. There exists no other agreement between the parties, written or oral, covering the subjects contained in this Agreement. WHEREFORE, the parties hereto have entered into this Agreement this _ day of , 1992. Attest: City Clerk Page 3 agr/wardrugs.jv Y OF YAKIMA Richard A. Zais, Jr. City Manager YAKIMA COUNTY SUBSTANCE ABUSE COALITION By: Its: Cit+r Wilt4CT NO! BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. f For Meeting Of August 11. 1992 ITEM TITLE: A joint resolution of the City of Yakima, Yakima County, Educational Services District 105, and Yakima School District No. 7 dissolving the Interlocal Cooperative Agreement for the financing and operation of the County -Wide Coalition for the War on Drugs and a resolution authorizing the execution of an Agreement Between City of Yakima and the Yakima County Substance Abuse Coalition, Inc. for community substance abuse prevention services. SUBMITTED BY: John Vanek, City Attorney_ Dick Zais, City Manager`"; CONTACT PERSON/TELEPHONE: John Vanek/575-6030 SUMMARY EXPLANATION: Submitted for Council passage are two resolutions listed above. The joint resolution dissolves the Interlocal Cooperation Agreement which established the County -Wide War on Drugs. The second resolution authorizes the City Manager to contract for substance abuse prevention services with the newly formed Yakima County Substance Abuse Coalition, Inc. The legal effect of the joint resolution would be to dissolve the Coalition, authorize the Finance Director of the City to marshal and distribute the assets of the Coalition to its participants. A targeted dissolution date of the Coalition is the end of this month with the startup date of the new corporation to be the first of next month. The purpose for the change in the legal structure from an interlocal cooperation agreement to a private non-profit corporation is to make easier and simpler the day- to-day business of the Yakima County Substance Abuse Coalition, Inc. Under the terms (continued on Page 2) Resolution .i_ Ordinance Contract X Other(Specify Organization charts and Letter dated 8/5/92 Funding Source APPROVED FOR SUBMITTAL: • Manager STAFF RECOMMENDATION: Council policy issue. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: agenda/coali tion.jv2 AGENDA STATEMENT (Page 2) Item No. For Meeting Of August 11. 1992 SUMMARY EXPLANATION: (continued) of Washington's Interlocal Cooperation Agreement Statute -- RCW 39.34 -- the business of the Interlocal Coalition had to be transacted in such a manner as to satisfy the legal requirements imposed upon all its components -- City, County, etc. For example, if one of the entities, such as the City, had a bid requirement placed upon it for the purchase of materials, goods, and services, then the Coalition had the same requirement placed upon it even though the other entities may not have had such a requirement. Such a requirement has made for constant legal review and ultimately reduced the flexibility and ease of operation of the Coalition. A private non -private corporation is faced with far fewer restrictions. Though the City and the other entities may not funnel money directly to a private non-profit corporation, the City may contract directly with the corporation for services. Submitted for Council approval is a resolution authorizing execution of an agreement between the City and the new coalition corporation for the remainder of 1992 and 1993. The services include those services which have been performed in the past by the Interlocal Coalition. The contract does not set a precise amount of consideration, rather, it requires the City to pay to the corporation that amount of money it would receive back from the dissolved Interlocal Coalition as its reimbursement less $250.00 which is the value of the City's share of personal property (furniture and office machinery) which will be transferred from the Interlocal Coalition to the new corporation. The Finance Department projects the figure at $17,000.00 to $19,000.00. The amount of consideration to be paid in 1993 is set at $14,860.00. Currently, the other entities are planning to contract with the new Coalition. The City's contract has been circulated through their respective attorneys to the County, ESD 105, and Yakima County School District No. 7. The joint dissolution resolution has been also submitted to the other jurisdictions who through their respective attorneys have indicated that they in turn will submit it to the governing boards involved for passage. agenda/coalition.jv2