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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 . • mag/2008BethelRidge/Page 1 of 1 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: • 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 r 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. • 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 • 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: mag/bethel ridge family resources/Page 1 of 1