HomeMy WebLinkAbout11/18/2008 09 Healthy Families Yakima Marriage Preparation Classes Contract; Bethel Ridge Family Resources of Naches BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
ill AGENDA STATEMENT
Item No. q
' For Meeting of: November 18, 2008
ITEM TITLE: Consideration of a Resolution authorizing and directing the City Manager of the City
of Yakima to execute a professional services contract with Bethel Ridge Family Resources of Naches,
Washington, to provide marriage education classes using PREP marriage education materials to
facilitate the mission of Healthy Families Yakima (HFY).
'SUBMITTED BY: Cindy Epperson, Deputy. Director of Accounting and Budgeting .-- —
CONTACT PERSON/TELEPHONE: Linda Kraft, HFY Executive Director, 452 -1519
Cindy Epperson, 575 -6070
SUMMARY EXPLANATION: The Greater Yakima Valley Healthy Marriage and Responsible
Fatherhood Community Demonstration Initiative ", otherwise known as "Healthy Families Yakima ",
is a federally funded five -year community demonstration initiative intended to assist in the creation
of a community coalition providing programs and supporting efforts designed to strengthen family
relations, reduce family violence through education and related public services, in cooperation
with Child Support Enforcement. The City of Yakima is supporting this effort by serving as a
subrecipient and fiscal agent for the disbursement of federal IV -D match funds granted for the
project, as authorized by Resolution R 2006 -91 at Council's June 6, 2006, meeting.
At their August28,:2007, meeting, City Council adopted Resolution 2007 -119 that authorized the
S City Manager to enter into an agreement with Bethel Ridge Family Resources to provide PREP
(Prevention and Relationship Enhancement Program) by utilizing PREP training processes to
equip class leaders and marriage coaches. Bethel Ridge Family Resources agrees to provide
marriage education to those individuals and couples who are interested in gaining knowledge and
skills to create and sustain healthy marriages, enhancing the effort to strengthen family
relationships in Yakima County.
The plan includes the classes as described in the agreement for the period of one year, from
October, 2008, to October 1, 2009. This is the first request for an extension. According to the
original agreement between Bethel Ridge Family Resources and the City of Yakima, the City
reserves the right to extend the original contract for additional periods, not to exceed a total of
four (4) years. Total budget for this extension is $65,876, with Bethel Ridge Family Resources
providing a one -third match of $21,959. The balance of $43,917 will be submitted for
reimbursement from Healthy Families Yakima federal grant.
Resolution 1 Ordinance _ Other (Specify)
Contract 1 . Mail to (name and address): Gregg Hires, P 0 Box 5 Naches, WA 98937
Funding Source: DCS Grant and tch donations in the Community Services Fund
APPROVED FOR SUBMITTAL: -7 "/-:4,..i City Manager
J
STAFF RECOMMENDATION: Adopt Resolution
BOARD /COMMISSION RECOMMENDATION: The Steering Committee of Healthy Families
0 Yakima has recommended this extension.
COUNCIL ACTION:
® RESOLUTION NO.
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute
a professional services contract with Bethel Ridge Family Resources, of
Naches, Washington, to provide marriage education classes using PREP
marriage education materials to facilitate the mission of Healthy Families
Yakima.
WHEREAS, the "Greater Yakima Valley Healthy Marriage and Responsible Fatherhood
Community Demonstration Initiative ", otherwise known as "Healthy Families :Yakima ", is a
federally funded five -year community demonstration initiative intended to assist in the creation
of a community coalition providing programs and supporting efforts designed to strengthen
family relations, reduce family violence through .education and related public services in
cooperation with Child Support Enforcement; and
WHEREAS, the City of Yakima is supporting this effort by serving as a subrecipient and
fiscal agent for the disbursement of federal IV -D match funds granted for the project, as
authorized by Resolution R.2006 -91 at Council's June 6, 2006 meeting; and
WHEREAS, the City Council has previously authorized the City. Manager to contract with
Bethel Ridge Family Resources to provide marriage education classes using PREP marriage
education materials and Bethel Ridge Family Resources has successfully provided the
contracted services; and
WHEREAS, the City of Yakima and Bethel Ridge Family Resources wish to contract
el again to allow the marriage education classes to continue through October 1, 2009; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of
the City of Yakima to contract again with Bethel Ridge Family Resources in accordance with the
terms and conditions of the attached contract; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated professional services contract with Bethel Ridge Family
Resources of Naches, Washington, to provide marriage education classes for an
additional year to facilitate the mission of Healthy Families Yakima.
ADOPTED BY THE CITY COUNCIL this 18th day of November, 2008.
David Edler, Mayor
ATTEST:
City Clerk .
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Healthy :Families Yakima
il
Contract Number:
This contract is entered into (date) , by and between the City of Yakima,
acting as the fiscal agent for the Healthy Families Yakima program, hereinafter referred to
as City, and Bethel Ridge Family Resources, hereinafter referred to as the Contractor.
In consideration of the terms and conditions contained herein and the attached Statement
of Work (Attachment "A "), which is made a part of this contract by this reference, the
parties hereto agree as follows:
1. Purpose:
The contractor agrees to provide marriage education to those individuals and couples who
are interested in gaining knowledge and skills to create and sustain healthy marriages,
enhancing the effort to strengthen family relationships in Yakima County.
2. Term:
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The term of this Contract shall be from October 1, 2008, to October 1, 2009, and may be
modified by mutual written consent of the parties. The Contract will not be effective until
signed by all parties.
City reserves the right to extend this contract for additional periods, not to exceed a total of
four (4) years, provided the Contractor has demonstrated satisfactory performance during
the preceding contract period. Any extension or amendment of this contract shall be in
writing, signed by both parties.
3. Scope of Services:
Nature of Services: The nature of the services provided by the Contractor will be marriage
education using. the PREP marriage education materials.
Statement of Work: The Contractor agrees to perform the work as outlined in the
Statement of Work (Attachment "A ") attached hereto and incorporated herein by this
reference. . -
Program Evaluation: The Contractor will have participants complete a program evaluation.
4. Budget
0 City agrees to pay for the costs incurred by the Contractor to provide marriage education as
outlined in the Statement of Work, at the time, and in the manner, and upon the conditions
provided. Total payments made for work performed in accordance with the Contract and
Healthy Families Yakima Contract Page 1
the Statement of Work shall not exceed $ 65,876. The Contractor agrees to provide and
document, at a minimum, the total amount of match as outlined in the Statement of Work.
The executive Director will provide instructions and format for documentation to the
Contractors.
5. Billing Procedures
Payments shall only be made for work and services rendered by the Contractor and which
are identified in the Contract Statement of Work. City shall pay the Contractor within 30
days of receiving the properly executed invoice vouchers. Vouchers shall include such
information as is necessary for the City to determine the exact nature of all expenditures.
City must receive final invoices within sixty (60) calendar days after the Contract expiration
date.
Each voucher shall clearly reference the Contract Number. Vouchers shall be submitted to:
Name: Linda Kraft, Executive Director
Address: 408 N. First Street, Yakima, WA 98901
Phone: 509.452.1519
The Contractor shall not be paid for any billings or invoices presented for work performed
prior to the execution of the Contract.
6. Contract Representatives
Each party to this Contract shall have a contract representative. Each party may change its
representatives upon providing written notice to the other party. The parties'
representatives are as follows:
A. For Contractor: Bethel Ridge Family Resources
Name of Representative: Gregg Hires
Title: Executive Director
Mailing Address: P 0 Box 5
City, Sate, and Zip Code: Naches, WA 98937
Telephone Number: 509.658.2992
B. For City: City of Yakima
Name of Representative: Cindy Epperson
Title: Financial Services Director
Mailing Address: 129 N. Second Street
City, State, and Zip Code: Yakima, WA, 98901
Telephone Number: (509) 576 -6644
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Healthy Families Yakima Contract Page 2
7. Disputes and remedies:
411 Disputes between the Contractor and City, arising under and by virtue of this Contract, shall
be brought to the attention of the City at the earliest possible time, in order that such
disputes may be settled or other appropriate action promptly taken. A written description
of the dispute shall be forwarded to the City Contract representative within 10 calendar
days of the incident.
Any dispute relating to the quality or acceptability of performance by and /or compensation
due the Contractor shall be decided by the City of Yakima's Contract Representative or
designee. All rulings, orders, instructions and decisions of the City of Yakima's Contract
Representative shall be final and conclusive, subject to the Contractor's right to seek
judicial relief pursuant to this Section.
Remedial Action: If any of the services provided by Contractor do not conform to Contract
requirements, City shall consult with the Contractor and may at its sole discretion require
any of the following remedial actions, taking into account the nature of the deficiency: (1)
require the Contractor to take corrective action to ensure that performance conforms to
Contract requirements; (2) reduce payment to reflect the reduced value of services
received; (3) require the contractor to subcontract all or part of the service at no additional
cost to City; or (4) terminate the contract.
0 Termination for Convenience: City or the Contractor may cancel the Contract at any time,
with or without cause, upon thirty (30) calendar days' written notice to the other party
specifying the date of termination.
Termination for Cause: Either party may terminate the Contract immediately upon written
notice if at an timer the other party is in material breach of an warranty, .
Y 1 L) P tY� Y tY� term, - --
condition, covenant or obligation under the Contract; (2) judicial interpretation of federal
or state laws, regulations, or rules renders fulfillment of the Contract infeasible or
impossible; (3) Contractor's license or certification required by law is suspended, not
renewed, or is otherwise not in effect at the time service is provided; or (4) Contractor fails
to comply with any applicable law, regulation, or rule. Upon termination by City,
Contractor shall promptly discontinue all work, unless the termination notice directs
otherwise, and shall deliver to City any records and other materials that may have been
accumulated by Contractor during performance of the Contract. Upon termination for
cause, City shall be entitled to reimbursement from Contractor for losses incurred as. a .
result of the Contractor's breach.
• Families Yakima Contract Page 3
8. Independent Contractor Status
Contractor's status under the Contract shall be that of an independent contractor and not
that of an agent or employee of City. Contractor shall be responsible for paying all
employment- related taxes and benefits, such as federal and state income tax withholding,
social security contributions, worker's compensation and unemployment insurance
premiums, health and life insurance premiums, pension contributions and similar items.
Contractor shall indemnify City and hold it harmless from any and all claims for taxes,
including but not limited to social security taxes, penalties, attorney's fees and costs that
may be made or assessed against City arising out of Contractor's failure to pay such taxes,
fees or contributions.
9. Hold Harmless and Indemnification
a. The Contractor agrees to hold harmless, indemnify, and defend the City, its
elected officials, officers, employees, and agents from and against any and all
suits, actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorney's fees), which result from or arise out of the
negligence of the Contractor, its officers, agents, employees or subcontractors in
connection with or incidental to the performance or non-performance of this
Agreement.
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b. In the event that both the Contractor and the City are negligent, each party shall be
liable for its contributor share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's
fees).
c. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
d. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
10. Commercial Liability Insurance
Commercial General Liability: The Contractor shall maintain Commercial General Liability
coverage at each site for bodily injury, personal injury and property damage, subject to
limits of not less than $1,000,000 combined bodily injury and property damage per
occurrence and $2,000,000 aggregate.
i. The Contractor shall provide Commercial General Liability coverage, which
does not exclude any activity to be performed in fulfillment of this Contract. •
Specialized forms specific to the industry of the Contractor will be deemed
Healthy Families Yakima Contract Page 4
equivalent provided coverage is no more restrictive than would be provided
II under a standard Commercial General Liability policy, including contractual
liability coverage.
ii. The Contractor's Commercial General Liability insurance shall include the
City, its officers, officials, employees, and agents as additional insureds.
iii. The Contractor shall furnish the City with a certificate of insurance as •
evidence that the additional insured provision required above.
If the Contractor's liability coverage is written as a claims made policy, then
the Contractor must evidence the purchase of an extended reporting period
or "tail" coverage for a three -year period after project completion, or
otherwise maintain the coverage for the three -year period.
11. Subcontracting
The Contractor shall not assign or subcontract any portion of the contracted activities
without obtaining prior written approval from the City.
12. Records and Data
Fiscal Records: The Contractor shall maintain fiscal records, including its books, audit
papers, documents, and any other evidence of accounting procedures and practices, which
• sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of the Contract.
Management Information System (MIS) Reporting: The Contractor agrees to prepare
records in sufficient detail to be entered into the Healthy Families Yakima MIS reporting
system, as described in the Statement of Work.
Records Maintenance: The Contractor shall maintain all records and documents relevant to
the Contract for three (3) years from the date of the City's final payment to Contractor.
Termination of Contractor's Existence: If the existence of the Contractor is terminated by
bankruptcy or any other cause, all program and fiscal records related to the Contract shall
become the property of the City.
Records Review: All records and documents relevant to the Contract, including but not
limited to fiscal records, shall be available for and subject to inspection, review or audit,
and copying by the City and other personnel duly authorized by them, including program
and /or financial auditors.
Subcontracts: The Contractor shall include the requirements of this Contract in all
0 approved subcontracts and assignments.
Healthy Families Yakima Contract Page 5
Confidentiality: The Contractor shall comply with all applicable state and federal laws,
ill,
rules, and regulations concerning confidentiality. The City shall furnish the Contractor with
copies of applicable statutes, rules, and regulations upon receipt of a written request from
the Contractor.
Public Records: Information or documents received from the Contractor may be open to
public inspection and copying, unless they are otherwise exempt from disclosure. .
Contractor shall clearly designate individual documents as "exempt" and shall indicate the
basis for such exemption. Contractor shall indemnify and defend the City for honoring such
a designation. Contractor's failure to designate as exempt any document that is released by
the City shall constitute a complete waiver of any and all Contractor claims for damages
caused by any such release.
13. Assurances:
Charitable Choice: If the Contractor is a faith -based organization, the Contractor and all
approved subcontractors shall:
• Segregate Contract funds in a separate account.
• Serve all participants without regard to religions, religious belief, and refusal to hold
a religious belief, or refusal to actively participate in a religious practice.
• Ensure that City- referred clients' participation in religious activities, including
worship, scripture study, prayer or proselytization, is only on a volunteer basis.
• Notify participants of the religious nature of the organization, their right to be
served without religious discrimination, their right not to take part in religious
activities, their right to request an alternative provider, and the process for doing so.
_ • Ensure that contract funds are not expended on inherently religious activities.
• Comply with applicable terms of 42 CFR Parts 54, 54a, and 45 CFR Parts 260 and
1050, that contain charitable choice regulations.
• The Contractor shall ensure that procedural safeguards are followed in
confidentiality requirements.
14. Miscellaneous
Time of Performance: Time is of the essence, with respect to the obligations to perform
under the Contract; therefore, the parties shall strictly comply with all times for
performance.
Notices: Any notice given in connection with the Contract shall be given in writing and shall
be delivered either by hand or by certified mail, return receipt requested, to the other
party.
Attorney Fees: In the event of a legal proceeding of any kind instituted under the Contract
or instituted to obtain performance or to remedy a default under the Contract, the
Healthy Families Yakima Contract Page 6
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The City of Yakima Greater Yakima Valley Healthy Marriage and
Responsible Fatherhood .Community Demonstration Initiative •
Professional Services Agreement
,Amendment
It is the agreement of the parties to amend The City of Yakima Greater
Yakima Valley Healthy Marriage and Responsible Fatherhood Community
Demonstration Initiative Professional Services Agreement originally dated August
28, 2007, as follows:
1. The agreement is extended through October 1, 2009.
2. The maximum consideration payable to Bethel Ridge Family
Resources for the period of this extension is $65,876, with a one -third
match of $21,959 provided by Bethel Ridge Family Resources, and the
balance of $43,917 to be paid by Healthy Families Yakima.
This Agreement, including all exhibits and other documents incorporated
by reference, contains all the terms and conditions agreed upon by the parties as
41) changes to the original Agreement. No other understandings or representations,
oral or otherwise, regarding the subject matter of this Agreement Amendment
shall be deemed to exist or bind the parties: All other terms and conditions of the
original Agreement remain in full force and effect.
The parties signing below warrant that they have read and understand this
Agreement and have authority to enter into this Agreement Amendment.
CITY OF YAKIMA BETHEL RIDGE FAMILY
RESOURCES
Richard A. Zais, Jr., City Manager Gregg Hires, Executive Director
Date: Date:
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