HomeMy WebLinkAbout12/08/2015 11 Yakima Gang Free Initiative Programming Agreement with the Yakima Police Athletic LeagueBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of. December 8, 2015
ITEM TITLE: Resolution authorizing an agreement with Yakima Police Athletic
League to provide evidence based programming and /or activities in
conjunction with the Yakima Gang Free Initiative Youth and Family
Development Center
SUBMITTED BY: Dominic Rizzi, Chief of Police
SUMMARY EXPLANATION:
In November 2009 the Yakima City Council voted to direct staff to develop a Gang Free Initiative (GFI) or a
comprehensive long term action plan for the prevention and intervention of Criminal Street Gangs based on
the Office of Juvenile Justice Delinquency Prevention Model Plan. The City, at the direction of the City
Council, requested proposals under RFP No. 11221 for the GFI Youth and Family Development
Programming to accomplish certain goals of the Yakima GFI. Yakima Police Athletic League has previously
provided evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative
Youth and Family Center. This agreement is similar to the one -year contract with Yakima Police Athletic
League that was approved by the City Council by Resolution No. R- 2015 -065 on May 5, 2015 (Contract No.
2015 -097). That contract ends on December 31, 2015. The annual amount of the proposed contract is
$110,000, an increase of $34,500 from 2015, and the range of deliverables in objectives 2 and 3 in addendum
#1 have been increased, with a potential to double those services. This agreement would continue the Yakima
P o lic e Athletic League s ervic es.
Resolution: X
Other (Specify):
Contract: X
Start Date: 1/1/2016
Item Budgeted: Yes
Funding Source/Fiscal Impact:
Strategic Priority: Public Safety
Insurance Required? Yes
Ordinance:
Contract Term: One year
End Date: 12/31/2016
Amount: $110,000.00
Mail to: Ed Shoenbach, Board President, 1602 N. First St., Yakima, WA 98901
Phone:
APPROVED FOR City Manager
SUBMITTAL:
RECOMMENDATION:
The Council Public Safety Committee recommends approval.
ATTACHMENTS:
Description
Upload Date
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RESOLUTION NO. R -2015-
A RESOLUTION approving an agreement with Yakima Police Athletic League to provide
evidence based programming and /or activities in conjunction with the
Yakima Gang Free Initiative Youth and Family Development Center, and
authorizing and directing the City Manager of the City of Yakima to
execute and administer such agreement, with effective date to be January
1, 2016.
WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop
a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and
intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency
Prevention Model Plan; and
WHEREAS, the City at the direction of the City Council requested proposals under RFP
No. 11221 for the GFI Youth and Family Development Programming to accomplish certain goals
of the Yakima GFI; and
WHEREAS, Yakima Police Athletic League has previously provided evidence based
programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and
Family Center; and
WHEREAS, People for People has been the contractor on a similar one -year contract
for the year 2015, which terminates on December 31, 2015 (Contract No. 2015 -097), and the
City Council approved that contract by Resolution No. R- 2015 -065 on May 5, 2015; and
WHEREAS, Yakima Police Athletic League has the desired qualifications to provide
these services; and
WHEREAS, it is the desire of both the City of Yakima and the Yakima Police Athletic
league to continue providing these services; and
WHEREAS, on November 27, 2012, the Yakima City Council unanimously approved the
City of Yakima Gang Free Initiative Strategic Plan which describes the goals of the Youth and
Family Development Center and the service that Yakima Police Athletic League will provide;
and
WHEREAS, the Yakima City Council finds it to be in the best interest of the City to direct
the City Manager to execute the Agreement with Yakima Police Athletic League to provide
evidence passed programming and /or activities in conjunction with the Yakima Gang Free
Initiative Youth and Family Development Center; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council authorizes and directs the City Manager to execute and
administer the attached Agreement with Yakima Police Athletic League (YPAL) to provide
evidence based programming and /or activities in conjunction with the Yakima Gang Free
Initiative Youth and Family Development Center.
ADOPTED BY THE CITY COUNCIL this day of December, 2015.
ATTEST:
City Clerk
2
Micah Cawley, Mayor
GANG FREE INITIATIVE IMPLEMENTATION SERVICES AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
YAKIMA POLICE ATHLETIC LEAGUE
This AGREEMENT is made and entered Tinto by and between the CITY OF YAKIMIA,
Washington, a municipal corporation, located at 129 North 2nd Street, Yakima, WA 98901
(hereinafter referred to as CITY), and YAKIMA POLICE ATHLETIC LEAGUE, a non-profit
corporation, located at 602 North 4th Street, Yakima, WA 98901 (hereinafter referred to as
CONTRACTOR).
WHEREAS, in November 2009, the Yakima City Council voted to direct staff to develop
a Gang Free Initiative (GFI), or a comprehensive long term action plan for the prevention and
intervention of Criminal Street Gangs, based on the Office of Juvenile Justice Delinquency
Prevention Model Plan; and
WHEREAS, the City of Yakima at the direction of the City Council requested proposals
under RFP No. 11221 for GFI Youth, andl Family Development Programming to accomplish
certain goals of the Yakima GFI; and
WHEREAS, YAKIMA POLICE ATHLETIC LEAGUE, a Washington State non,-profit
corporation, experienced in Youth and Family Development Programming, has the desired
qualification to provide these services; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements set forth herein, it is agreed by and between the City and YAKIMA POLICE
ATHLETIC LEAGUE as follows:
'I. Scope of Services. The CONTRACTOR agrees to perform these services and work
for the CITY in accordance with and as described in the following:
A. RFP documents No. 11221, incorporated herein by this reference; and
B. Contractor Proposal submitted in response to RFP No. 11221, and dated September 20,
2012, incorporated herein by this reference; and
C. Addendum #1 to Contractor Proposal, "Negotiated Scope of Work for City of Yakima",
attached hereto and incorporated herein by this reference.
D. Regularly communicate with the City Manager and the Chief of Police or the Chief of
Police's designee to assure mutual understanding of the work to be performed and the
satisfactory completion thereof.
E. Background Screening for Contractor and associates: Contractor shall submit a current
list of names, and assignments of all employees and volunteers who wilil perform work
under this contract. Each employee and volunteer performing work under this contract
will also be required to complete a criminal background check. There will be no
exceptions and no substitutions of personnel without prior approved background
clearance checks. All Contractor personnel shall pass a WATCH background
check. Background checks will be conducted by the Contractor, at no cost to the City.
Background checks from other sources are not acceptable. Background checks must be
provided to the City.
GFI Implementation Services Agreement Between
City of Yakima and YPAL - Page 1
Current City employees who have previously undergone a City background check shall
not be required to be re-checked.
All Contractor and sub-contractor employees working on this Contract must be clear of
any sexual and drug related convictions. All Contractor and sub- contractor employees
shall be free from any felony convictions.
Throughout the life, of the contract the City reserves the right to request updated
background checks or to have them, completed again,
F. Changes in the employment and volunteer list shall be reported to the City Manager and
the Chief of Police or the Chief of Police's designee, no less than five (5) business days
before the requested changes are to become effective.
G. Contractor shall ensure that all marketing materials and announcements for the project
are co-branded with the City of Yakima as a partner in the project, and official logos of the
City of Yakima shall be used to represent the city in said materials. These materials
include, but are not limited to: program brochures, agency reports, print advertisements,
posters, internet/website portals, radio and television public service announcements,
shirts, hats, etc.
2. Term of Agreement. The term of this agreement shall be deemed commenced January 1,
20116 upon execution by both parties and shall terminate upon the completion of all services
required hereunder by the CONTRACTOR, but no later than December 31, 2016 unless
terminated earlier by the CITY in accordance with Section 10 of this Agreement, or in the event
of outside forces (illness etc.) and accepted force majeure occurrences (natural disasters etc.).
3. Consideration. As consideration for the services performed under this, Agreement, the
CITY agrees to compensate the CONTRACTOR in accord with the following terms:
A. In consideration of the obligation of the CONTRACTOR to perform in accordance with
the contract the CITY will transfer One Hundred Ten Thousand Dollars ($110,000) to the
CONTRACTOR for the work as set forth, in the RFP documents at the time and in the
manner and upon the conditions provided.
E CONTRACTOR shall invoice CITY monthly in arrears for services performed under this
Contract. The CONTRACTOR shall submit a monthly invoice no later than the 20th day
of the month following the month in which the invoiced services were performed. The
invoice shall state the deliverables completed during the invoiced month. The amount of
the invoice shall be for one-twelfth of the annual Contract Amount for the current Contract
year.
Invoice shall be sent to: City of Yakima, ATTN: Chief of Police, 200 S. Third Street,
Yakima, WA 98901. CITY will reimburse the CONTRACTOR within thirty (30) days of
receipt of a valid invoice for the amount of payment due. CITY shall return any invalid or
incomplete invoice to the CONTRACTOR within thirty (30) days after CITY receives the
invoice. An explanation will accompany the invoice that states the reason for return and
any information needed to correct the invoice. Final invoices for services provided under
this agreement shall be submitted by the CONTRACTOR no later than ninety (90) days
following the termination of the agreement,
GFI, Implementation Services Agreement Between
City of Yakima and YPAL - Page 2
fl I F I i. -My-7M M, KO M01
A. No agency, employment, joint venture or partnership has been or will be created between
the parties hereto pursuant to the terms and conditions of this agreement. Inasmuch as
CITY is interested in the CONTRACTOR's end product, CITY does not control the
manner in which the CONTRACTOR performs this agreement. CITY is not liable for
workers' compensation or unemployment compensation payments required by the State
of Washington. In addition, the CONTRACTOR assumes responsibility for tax liabilities
that result from compensation paid to the CONTRACTOR by CITY. CITY will report any
payment made under this agreement to the Internal Revenue Service on (Form 1099.
B. No provision contained in this agreement shall be construed as entitling the
CONTRACTOR to participate in hospital plains, medical plans, sick leave benefits,
vacation, and other benefits available to employees of CITY.
C. CONTRACTOR certifies that all approvals, licenses or other qualifications necessary to
conduct business in Washington have been obtained and are operative. If at any time
during the agreement period the CONTRACTOR becomes disqualified from conducting
business in Washington, for whatever reason, the CONTRACTOR shall immediately
notify CITY of the disqualification.
D. CONTRACTOR shall neither perform work nor submit an invoice for payment for work
performed under this agreement for any time period after the termination date set forth
in, Section 2, above.
E CONTRACTOR shall furnish its own support staff and services as necessary for the
satisfactory performance of the work described in Section 1, above, Unless otherwise
specified, in this agreement, CITY will not provide any other staff, services, or material to
the CONTRACTOR for the purpose of assisting the CONTRACTOR in the performance
of this agreement.
M.- m. v 1 -2
A. CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its
elected officials, officers, employees, agents, and volunteers from any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and
all judgments, awards, costs and expenses (including reasonable attorneys' fees and
disbursements) resulting from death, personal harm or bodily injury to any person or
damage or destruction to a third party or third parties to the extent caused by any
negligent act and/or omission of CONTRACTOR, its officers, employees, agents,
volunteers and/or subcontractors, arising out of the performance of this Contract.
B. CITY agrees to protect, defend, indemnify, and hold harmless the CONTRACTOR, its
elected officials, officers, employees, agents, and volunteers from any and all claims,,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and
alll judgments, awards, costs and expenses (including reasonable attorneys' fees and
disbursements) resulting from death or bodily injury to any person or damage or
destruction to a third party or third parties to the extent caused by any negligent act
and/or omission, of CITY, its officers, employees, agents, volunteers and/or
subcontractors, arising out of the performance of this Contract.
GF1 Implementation Services Agreement Between
City of Yakima and YPAL - Page 3
C. Nothing contained in this Section or this Contract shall be construed to create a liability
or a right of indemnification in any third party,
6. Insurance. At all times during performance of the Services, CONTRACTOR shall secure
and maintain in effect insurance to protect the CITY and CONTRACTOR from and against all
claims, damages, losses, and expenses arising out of or resulting from the performance of this
Contract. CONTRACTOR shall provide and maintain in force insurance in limits no less than
that stated below, as applicable. The CITY reserves the right to require higher limits should it
deem it necessary in the best interest of the public.
A. General Commercial Liability Insurance. Before this Contract is fully executed by the
parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof
of liability insurance and umbrella liability insurance with a total minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage, and Two Million Dollars ($2,000,000.00) 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, and shall
contain a clause that the CONTRACTOR will not cancel or change the insurance without
first giving the CITY 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.
B. Automobile Liability Insurance.
If CONTRACTOR owns any vehicles, before this Contract is fully executed by the
parties, CONTRACTOR shalli provide the CITY with a certificate of insurance as
proof of automobile liability insurance and umbrella liability insurance with a total
minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence
combined single limit bodily injury and property damage. Automobile liability will
apply to "Any Auto" and be shown on the certificate. The policy shall name the CITY,
its elected officials, officers, agents, employees, and volunteers as additional
insureds, and shall contain a clause that the CONTRACTOR will not cancel or
change the insurance without first giving the CITY prior written notice.
ii. If CONTRACTOR does not own any vehicles, only "Non-owned and Hired
Automobile Liability" wills be required and may added to the liability coverage at the
same limits as required in that section of this Contract, which is Section 6.A entitled
"Commercial Liability Insurance ".
C. Professional Liability Coverage. Before this Contract is fully executed by the parties,
CONTRACTOR shall provide the CITY with a certificate of insurance as proof of professional
liability coverage with a total minimum liability limit of Two Million Dollars ($2,01001,000.00)
per claim combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) 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 contain
a clause that the CONTRACTOR will not cancel or change the insurance without first giving
the CITY prior written notice. The insurance shall be with an insurance company or
companies rated A-Vil or higher in Best's Guide. If the policy is written on a claims made
GFI Implementation Services Agreement Between
City of Yakima and YPAL - Page 4
basis the coverage will continue in force for an additional two years after the completion of
this contract.
Q. Under either situation described in this Section, the required certificate of insurance 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, and shall contain a clause that the
CONTRACTOR will not cancel or change the insurance without first giving the CITY 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.
bwp M-1 w4r.31ram -F-mmmum
A. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer,
member or employee of the CONTRACTOR has interest, personal or otherwise, direct
or indirect, which is incompatible or in conflict with or would compromise in any manner
or degree with the discharge and fulfillment of his or her functions and, responsibilities
under this agreement.
B. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTOR
shall, prior to the completion of such work and payment for such work, acquire any
interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with
or would compromise in any manner or degree with the discharge and fulfillment of his
or her functions and responsibilities with respect to the carrying out of such work.
C. The, CONTRACTOR shall not promise or give to any CITY employee anything of value
that is of such character as to manifest a substantial and improper influence upon the
employee with respect to his or her duties. The CONTRACTOR shall not solicit a CITY
employee to violate any CITY rule or policy relating to the conduct of contracting parties.
D, Nondiscrimination. During the performance of the Agreement, the CONTRACTOR shall
not discriminate in violation of any applicable federal state, and/or local law or regulation,
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,
E. The Americans, with Disabilities Act. CONTRACTOR shall comply with the
Americans with Disabilities Act of 1990, 42 U,S.C, § 12101 et seq. (ADA) and its
implementing regulations and Washington State's anti-discrimination law as contained
in RCW Chapter 49.60 and its implementing regulations with regard to the activities and
services, provided pursuant to this Agreement. The ADA provides comprehensive civil
rights to individuals with disabilities in the area of employment, public accommodations,
public transportation, state and local government services and telecommunications.
F. Compliance with Laws. The CONTRACTOR shall comply with all applicable federal,
state and local laws, rules and regulations in performing this Agreement.
GFI Implementation Services Agreement Between
City of Yakima and YPAL - Page 6
G. Debarment Certification: CONTRACTOR certifies that it is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any Federal department or agency (debarred). The
CONTRACTOR shall immediately notify the CITY if during the term of the agreement it
becomes debarred. In the event of such debarment, the CITY may immediately
terminate this Agreement by giving written notice to CONTRACTOR.
8. Records, Documents, and Information. All records, documents, writings or other
information produced or used by the CONTRACTOR in the performance of this agreement shall
be treated according to the following terms:
X Public Records Act. CITY is required by law to comply with the Washington State
Public Records Act ((PRA), Chapter 42,56 RCW. All records relating to
CONTRACTOR'S services must be made available to the City, and also produced to
third parties, if required pursuant to the Washington Public Records Act, Chapter 42.56
RCW or by law. All determinations of records subject to release under the PRA, or
otherwise required by law, shall be at the sole discretion of the CITY. This agreement
and all public records associated with this agreement shall be available from the City for
inspection and copying by the public where required by the Public Records Act, Chapter
42.56 RCW. To the extent that public records then in the custody of the CONTRACTOR
are needed for the CITY to respond to a request under the Public Records Act, as
determined by the CITY, the CONTRACTOR agrees to make them promptly available to
the CITY. If the CONTRACTOR considers any portion of any records provided to the
CITY under this agreement whether in electronic or hard copy form, to be protected! from
disclosure under law, the CONTRACTOR shall clearly identify any specific information
that it claims to be confidential, or proprietary. If the CITY receives a request under the
Public Records Act to inspect or copy the information so identified by the CONTRACTOR
and the City determines that release of the information is required by the Public Records
Act or otherwise appropriate, the CITY'S sole obligations shall be to notiify the
CONTRACTOR (a) of the request and (b) of the date that such information will be
released to the requester unless the CONTRACTOR obtains a court order to enjoin that
disclosure pursuant to RCW 42.56.450. If the CONTRACTOR fails to timely obtain a
court order enjoining disclosure, the CITY will release the requested information on the
date specified. The City has, and by this section assumes, no obligation on behalf of the
CONTRACTOR to claim any exemption for disclosure under the Public Records Act.
The CITY shall) not be liable to the CONTRACTOR for releasing records not clearly
identified by the CONTRACTOR as confidential or proprietary, The CITY shall not be
liable to the CONTRACTOR for any records that the CITY releases in compliance with
the Public Records Act, this section, or in compliance with an order of a court of
competent jurisdiction.
B. CONTRACTOR shall promptly furnish the CITY with such information and records which
are related to the services of this agreement as may be requested by the CITY. Until the
expiration of three (3) years after final payment of the compensation payable under this
agreement, or for a longer period if required by the Washington State Local Government
Common Records Retention Schedule ("CORE"') of the Office of the Secretary of State,
Washington State Archives, CONTRACTOR shalll retain and provide the CITY access, to
(and the CITY shall have the right to examine, audit and copy) all of CONTRACTOR'S
books, papers and records which are related to the services performed by
CONTRACTOR under this agreement.
GFI Implementation Services Agreement Between
City of Yakima and YPAL - Page 6
C. All CITY information which, under the laws of the State of Washington, is classified
as public or private, will be treated as such by the CONTRACTOR. Where there is a
question as to whether information is public or private, CITY shall make the final
determination. CONTRACTOR shall not use any information, systems, or records made
available to it for any purpose other than to fulfill the agreement duties specified herein.
CONTRACTOR agrees to be bound by the same standards, of confidentiality that apply
to the employees of CITY and the State of Washington. The terms of this section shall
be included in any subcontracts executed by the CONTRACTOR for work under this
agreement.
D. All proprietary information, of the CONTRACTOR, if any, shall be held to be strictly
confidential by CITY. Proprietary information is information which, if made public, would
put the CONTRACTOR at a disadvantage in the market place and trade of which the
CONTRACTOR is a part. CONTRACTOR is responsible for notifying CITY of the nature
of the information prior to its release to CITY. CITY reserves the right to require
reasonable evidence of the CONTRACTOR's assertion of the proprietary nature of any
information to be provided.
B. All records relating to costs, work performed and supporting documentation for invoices
submitted to CITY by the CONTRACTOR shall be retained and made available by the
CONTRACTOR for audit by the State of Washington (including but not limited to CITY,
the Auditor of the State of Washington, the Inspector General or duly authorized law
enforcement officials) and agencies of the United States government for a minimum of
three years after payment for work performed under this agreement. If an audit, litigation,
or other action is initiated during this time period, the CONTRACTOR shall retain such
records until the action is concluded and all issues resolved or the three years end,
whichever is later.
9. Rights in Deliverables. Data and Col2yrights. The Deliverables provided by the
CONTRACTOR under Section 1 and any item produced under this agreement, including
any documents, data, photographs and negatives, electronic reports, records, software, source
codle, or other media, shall become the property of CITY which shall have an unrestricted right
to reproduce, distribute, modify, maintain, and use the Deliverables. The CONTRACTOR shall
not obtain copyright, patent, or other proprietary protection for the Deliverables. The
CONTRACTOR shall not include in any Deliverable any copyrighted matter, unless the copyright
owner gives prior written approval to use such copyrighted matter.
0911FITTMU-1011-11 I
A. CITY may, by giving CONTRACTOR thirty (30) calendar days written notice of
termination, terminate this Agreement as to all or any portion of the Services not then
performed, whether or not CONTRACTOR is in breach or default, and with or without
cause. Upon receipt of any such notice of termination, the CONTRACTOR shall, except
as otherwise directed by the City, immediately stop performance of the Services to the
extent specified in such notice. CONTRACTOR shall have the same termination rights
as the City as specified in Section 10.
B. In the event of termination pursuant to section 10A, the CONTRACTOR shall take all
necessary or appropriate steps to Ilimit disbursements and minimize costs, and furnish a
report, as of the date of receipt of notice of suspension or termination describing the
GFI Implementation Services Agreement Between
City of Yakima and YPAL - Page 7
status of all work under this agreement, including without limitation, results
accomplished, conclusions resulting therefrom, and such other matters as CITY may
require.
In the event of suspension or termination under this Article, the CONTRACTOR shall be
entitled to compensation, upon submission of a proper invoice, for the work performed
prior to receipt of notice of termination, or suspension, which shall be calculated by CITY
based on the rate set forth in, Section 3. CITY shall not be liable for any further claims,
and the claims submitted by the CONTRACTOR shall not exceed the total amount of
compensation allowed by this agreement.
C. If the City purports to terminate or cancel all or any part of this Agreement for
CONTRACTOR's breach or default when the CONTRACTOR is not in breach or default
which would permit termination or cancellation, such termination or cancellation shall be
deemed to have been a termination by the City pursuant to paragraph 10A and the
rights of the parties shall be determined accordingly.
ffs -- TE M. 11 M� �T- I FM
A, Differences between, the CONTRACTOR and the CITY, arising under and by virtue of
this Agreement, shall be brought to the attention of the CITY at the earliest possible time
in order that such matters may be settled or other appropriate action promptly taken.
Any dispute relating to the quality or acceptability of performance and/or compensation
due the CONTRACTOR shall be decided by the CITY's Agreement Representative or
designee. All rulings, orders, instructions and decisions of the CITY's Agreement
Representative shall be final and conclusive, subject to the CONTRACTOR's right to
seek judicial relief pursuant to this Section.
B. Upon breach or default by the CONTRACTOR of any of the provisions, obligations
or duties embodied in this agreement, CITY may exercise all administrative,contractual,
equitable or legal remedies available, without limitation. The waiver of any occurrence
of breach or default is not a waiver of subsequent occurrences, and CITY retains the
right to exercise all remedies hereinabove mentioned.
If CITY or the CONTRACTOR fails to perform an obligation or obligations under this
agreement and thereafter such failure is waived by the other party, such waiver shall be
limited to the particular failure so waived and shall not be deemed to waive other failures
hereunder. Waiver by CITY shall not be effective unless it is in writing and signed by the
CITY contract manager.
C. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall
be instituted and maintained only in any of the courts of competent jurisdiction in the
COUNTY OF YAKIMA, Washington,
12. Amendments. This writing constitutes the entire agreement between, the parties with
respect to all matters herein. This agreement may be amended only by a writing signed by both
parties. However, it is agreed by the parties that any amendments to laws or regulations cited
herein will result in the correlative modification of this agreement, without the necessity for
executing written amendments. Any written amendments to this agreement shall be prospective
GFI Implementation Services Agreement Between
City of Yakima and YPAL -'Page 8
in nature. When a new or different term or condition is added, additional consideration is not
necessary to bind the parties,
13. Assi-griment. The CONTRACTOR shall not assign any interest (including subcontracts)
in this agreement and shall not transfer any interest in the same (whether by assignment or
novation) without the prior written approval of CITY. Any such assignments or subcontracts shall
be submitted for CITY' s review ninety (90) days prior to the desired effective date. Approval by
CITY shall not be deemed to increase in any manner the total compensation provided for in this
agreement.
14. Drug Free Workplace. The CONTRACTOR shall comply with all applicable state and
federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR
shall make a good faith effort to ensure that all employees of the CONTRACTOR do not
purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription
drugs in any way while working on state, county, or municipal property,
15. Construction. This agreement shall be governed, construed and enforced in accordance
with the laws of the State of Washington. Should any portion of this agreement be found
unenforceable, by operation of statute or by administrative or judicial decision, the enforceability
of the balance of this agreement shall not be affected thereby, provided that the absence of the
unenforceable provision does not render the performance of the remainder of the agreement
impossible.
16. Wriften Notices. All written notices required by this Agreement shall be in writing and
deemed received if personally delivered or sent by United States mail, registered or certified,
return receipt requested, postage pre-paid, to the addresses set forth hereunder or to such other
addresses designated in writing by any of the parties in accordance with this provision.
In case of CITY, to both:
City Manager
City of Yakima
129, North Second Street
Yakima, WA 989011
In case of CONTRACTOR, to:
Ed Shoenbach
Board President
1602 North 1st Street
Yakima, WA 98903
And to: Chief of Police, or his designee
Yakima Police Department
2010 South Third Street
Yakima, WA 98901
GFI Implementation Services Agreement Between
City of Yakima and YPAL - Page 9
17. 5jjpjj!jAI. 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.
CITY OF YAKIMA
By:
Jeffrey R. Cutter, Interim City IManager
. . . ........ . ......
City Clerk
GF1 Implementation Services Agreement Between
City of Yakima andl YPAL - Page 10
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YAKIMA POLICE ATHLETIC LEAGUE
By:
Ed Shoenbach, Board President
DATE:
".5
ADDENDUM #1
Description of Services
PROGRAMMING OBJECTIVES: POSITIVE YOUTH DEVELOPMENT, GENERAL
OUTREACH AND TARGETED OUTREACH
YPAL Life Skills program provides targeted youth with immediate help in the areas of health
and wellness; anger, time, and money management,- and educational tutoring for the
express purpose of mentoring the youth into responsible, positive citizens.
Objective 1: Provide life skills programming to 120 youth at risk of gang involvement
annually during non-school hours. Non - school hours is defined as three hours following
dismissal typically 3 p.m. to 6 p.m. during the regular school year and 8 a,.m. to 6 p.m. on
weekends; and Monday through Saturday 8 a.m. to 6, p.m. during the summer break.
Deliverable(s): YPAL will prepare a Life Skills Program Activity Summary Report to the City
Manager and to the Chief of Police or the Chief of Police's designee by the 5th day following
the end of the quarter.
YPAL Targeted Outreach services will build ongoing and pro-social relationship with youth
and families while linking them to appropriate services. Outreach activities such as
recreation and arts will be carefully integrated with existing and new prevention services not
to become a primary focus, but rather as a means to build relationships with clients and
provide access to essential resources and services.
Objective 1: Maintain a minimum of two full-time equivalent staff or volunteer positions to
deliver Targetedi and General Outreach as described in Objectives 2, 3 and 4 of this
description of services.
Deliverable(s): YPAL will prepare an Outreach Activity Summary Report to the City
Manager and to the Chief of Police or the Chief of Police's designee by the 5th day following
the end of the quarter. Outreach report should include a detailed accounting of the level of
effort of each personnel involved in Outreach activities.
Objective 2: Conduct general outreach services to 250 to 500 youth at risk of or involved in
gangs by December 31, 2016.
Deliverable(s): YPAL will prepare an Outreach Activity Summary Report to the City Manager
and to the Chief of Police or the Chief of Police's designee by the 5th day following the end
of the quarter.
Objective 3: Conduct a minimum, of 4 to 8 gang awareness seminars targeting each middle
school by December 31, 2016.
Deliverable(s): YPAL will prepare a gang awareness seminar Activity Summary Report to
the City Manager and to the Chief of Police or the Chief of Police's designee by the 5th day
following the end of the quarter. Report shall include Sign-in Sheets and GAS Agenda.
GF1 Implementation Services Agreement Between
City of Yakima and YPAL - Page 11
Objective 4: Use the Washington Assessment of Risks and Needs of Students (WARNS) to
screen and refer a minimum of 5O youth, at risk of or involved in gangs and prepare
appropriate referral based on the results by December 31, 2016.
Deliverable(s)� YPAL will prepare a WARNS Screening and Referral Summary Report to the
Chief of Police or the Chief of Police's designee by the 5th day following the end of the
quarter,
GFI Implementation Services Agreement Between
City of Yakima and YPAL - Page 12