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Home My WebLink AboutR-1993-126 Drug Abuse Resistance Education (D.A.R.E.)RESOLUTION NO. R-93- 126 A RESOLUTION authorizing the City Manager to execute the D.A.R.E. Program Agreement with the Yakima School District. WHEREAS, the City of Yakima desires to contract with the Yakima School District for the performance of certain Drug Abuse Resistance Education (D.A.R.E.) Program services by the City of Yakima Police Department; and WHEREAS, the City has the resources and is willing to render such services on the terms and conditions hereinafter set forth; and WHEREAS, the City Council deems it to be in the best interest of the citizens of Yakima to enter into the attached D.A.R.E. Program Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached contract entitled "D.A.R.E. Program Agreement" with the Yakima School District. ADOPTED BY THE CITY COUNCIL this 7th day of December , 1993. ATTEST: Ke y- City Clerk (1s)res/DARE rp (.21,1-1717 56/tz-n...C-b`> Mayor D.A.R.E. PROGRAM AGREEMENT THIS AGREEMENT is entered into this 1st day of October, 1993, by and between the City of Yakima, Washington, (hereinafter referred to as the City), and the Yakima School District, (hereinafter referred to as the District) . WHEREAS, the District wishes to contract with the City for the performance of certain Drug Abuse Resistance Education (D.A.R.E.) Program services by the City of Yakima's Police Department; and WHEREAS, the City has the resources and is willing to render such services on the terms and conditions hereinafter set forth; and, WHEREAS, such agreements are authorized by the provisions of RCW Chapter 39.34 - Interlocal Cooperation Act; NOW, THEREFORE, the parties agree as follows: A. THE CITY AGREES: 1. By and through its Police Department, to provide the D.A.R.E. Program within the limits of the District. 2. As a minimum, the City's D.A.R.E. instructors will provide the seventeen (17) hour D.A.R.E. core curriculum to each 5th grade classroom agreed to by the District. 3. The above -referenced services include the enforcement of statutes of the state of Washington, ordinances of Yakima City and the ordinances of the County, as are enforced by the Police Department within the incorporated and unincorporated territory of the City and County, respectively. 4. To defend, indemnify, and hold the District harmless from any and all claims for damages suffered or alleged to be suffered as a result of the Police Department's actions in or about the District. 1 5. To furnish all necessary personnel communication equipment and supplies reasonably necessary to maintain the service indicated within the terms of this agreement. 6. To pay salaries and employee benefits as determined by the Police Department. 7. To pay all related program fees or costs and attorneys fees. B. THIS DISTRICT AGREES: 1. To make nine monthly payments to the City in the amount of four thousand six hundred fifty-seven and 44/100 dollars ($4,657.44) based upon an annual rate of forty-one thousand nine hundred seventeen dollars ($41,917.00) for the period of October 1, 1993 through June 30, 1994. 2. To provide the facilities, audio-visual equipment and related classroom space and furniture. C. IT IS MUTUALLY AGREED AS FOLLOWS: 1. That the rendition of the D.A.R.E. Program services, the standards of performance, the discipline of officers and other matters incident to the performance and control of personnel involved in such services shall be the responsibility of the City alone. 2. That all persons employed for the purpose of performing D.A.R.E. Program services contemplated within the terms of this agreement are City employees. 3. That the School District shall not be liable for compensation to any City employee for injury or sickness arising out of his/her employment or by reason of the performance of any services contemplated in this agreement. 4. That if either party fails to comply with the terms of this agreement, the other party may suspend the agreement pending corrective action or investigation effective no less than ten (10) days following a written notification to the other party or its authorized representatives. The notice shall specify the terms alleged to have been breached. The suspension will remain in effect until corrective action has been taken to the satisfaction of the complaining party. 2 5. That provisions for termination of this agreement are as follows: (a) Termination for Cause: Either party may terminate this agreement in whole or in part by notification to the other party of the termination, the reasons therefore, and the effective date thereof; provided, such effective date shall not be less than thirty (30) days after notification. (b) Termination for Convenience: This agreement may also be terminated in whole or in part by mutual agreement of the parties, which agreement shall state the portion to be terminated and the effective date of termination. 6. That the duration of this agreement shall be from the 1st day of October, 1993 until the 30th day of June, 1994, inclusive; provided that this agreement must be renewed on a yearly basis thereafter unless otherwise modified by addendum or a new agreement, and it shall automatically terminate on the date stated. 7. That the City may, upon the yearly renewal date of this agreement, require a modification of paragraph B.1. to reflect an increase in cost to the City. 8. That modification of this agreement may be accomplished only by written agreement between the City and the District and no oral understandings or agreements shall alter the terms of this agreement. 9. That it is not anticipated that any real or personal property will be jointly acquired or purchased by the parties solely because of this agreement. 10. That an appropriate person designated by the City of Yakima's Police Department and an appropriate person to be designated by the District, shall constitute the joint board for implementation and proper administration of this agreement, and will refer problems of implementation to the governing body of the City and of the District for resolution if necessary. 11. That in the event of invalidity or unresolvable ambiguity of any provision of this agreement, the remaining provisions shall nevertheless continue to be valid and enforceable. 3 12. That Yakima City is an equal opportunity employer and has an affirmative action plan. IN WITNESS WHEREOF, the parties hereto have executed this agreement to become effective on the day and year first above-mentioned. YAKIMA SCHOOL DISTRICT SUPERINTEN 1 ENT Date: li/3 /9 CITY OF YAKIMA CITY AG E, Attest: City Contract No. 0.)) -- Resolution >' ' / Resolution No. ,-ti .y - - jy Date: /01,// 5/ i .3 CITY OF YAKIMA (kas ce Chief of Yakima City Police Date: 0194 Approved as to form this 3 day of J9 , 199 -City Attorney 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. IC' For Meeting Of December 7, 1993 ITEM TITLE: Consideration of Resolution Authorizing Execution of Contract with Yakima School District for DARE Program Services SUBMITTED BY: Pleas Green, Chief of Police Ray Paolella, City Attorney CONTACT PERSON/TELEPHONE: Pleas Green, Chief of Police 575-6061 SUMMARY EXPLANATION: The attached contract formalizes an agreement between the Police Department and the Yakima School District to provide Drug Abuse Resistence Education (DARE) instruction to Yakima elementary school students. This inter -local agreement is required in order to comply with provisions of a grant from the State Department of Community Development which is partially funding this program for the 1993-94 school year. Resolution X Ordinance _ Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: �. City Manager STAFF RECOMMENDATION: It is recommended that the Council enact the resolution authorizing execution of this inter -local agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-93--126