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HomeMy WebLinkAbout03/01/2016 09 Domestic Violence Victims' Advocate Services Agreement with the YWCA 10 I 'n o BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 9. For Meeting of: March 1, 2016 ITEM TITLE: Resolution authorizing an agreement with the YWCA to continue to provide services as a Domestic Violence Victims' Advocate in accordance with the specific terms and conditions set forth in said agreement SUBMITTED BY: Wendy Winfield, Assistant City Attorney SUMMARY EXPLANATION: Victims of domestic violence within the City of Yakima in misdemeanor cases currently receive counseling, legal advocacy, and shelter services from the YWCA. The City of Yakima contract with the YWCA has been updated for 2016 to reflect current laws. The City, through the Yakima City Prosecutor and the Yakima Police Department, has also obtained a State grant in the amount of Twenty -Four Thousand Dollars ($24,000), to continue the existing domestic violence advocate program. This amount (increasing from $22,800) is also reflected in the updated agreement. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Adopt Resolution and approve the Agreement. BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D fns lllu li nirn..1/ CA 20 6 Domes nes lip; V6 aleirn: E? Adn ,< tE.n 2/22/2016 REns lllu li nirn Agreement City & YWCA IDomestlic \hollence Athocate Agreement- 2./22120'16 Contract Jan 2016 RESOLUTION NO. R -2016- A RESOLUTION authorizing the City Manager to execute an Agreement with the YWCA to continue to provide services as a Domestic Violence Victims' Advocate in accordance with the specific terms and conditions set forth in said Agreement. WHEREAS, victims of domestic violence within the City of Yakima in misdemeanant cases receive readily available counseling services and legal advocacy services from the YWCA that would be otherwise unavailable to them; and WHEREAS, the City has applied for (through the Yakima City Prosecutor and Yakima Police Department) and obtained a State grant in the amount of Twenty -Four Thousand Dollars ($24,000) to continue the existing domestic violence advocate program; and WHEREAS, the YWCA has the experience and expertise necessary to hire, supervise, and train a qualified advocate for domestic violence victims and agrees to perform these services for the City under the terms and conditions set forth in the attached Agreement; and WHEREAS, it is in the best interest of the City to contract to utilize the experience and expertise of the YWCA according to the terms and conditions of the attached Agreement; 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 City of Yakima Domestic Violence Advocate Agreement with YWCA effective January 1, 2016 through December 31, 2016, which shall automatically renew, on a year -to -year basis, upon the same terms and conditions, subject to the provisions in section 29 of the Agreement, for the purpose of continuing the existing domestic violence advocate program with available grant funding. ADOPTED BY THE CITY COUNCIL this 1S day of March, 2016. ATTEST: Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk CITY OF YAKIMA DOMESTIC VIOLENCE ADVOCATE AGREEMENT WITH YWCA THIS AGREEMENT, made and entered into by and between the YWCA (hereinafter referred to as the "Provider"), a private non - profit agency, as the Provider of Services as a Domestic Violence Victims' Advocate, and the CITY OF YAKIMA, (hereinafter referred to as the "City "). WHEREAS, the parties hereto desire effectuating an agreement whereby the Provider will provide the services of an advocate for victims in domestic violence cases; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Provider as follows: 1. Scope of Services. The Provider shall, contingent upon receipt of grant funds, hire and train domestic violence advocates to provide legal advocacy and advocacy based on counseling to victims of domestic violence. The advocate shall provide the following services: a. Contact victims of domestic violence (whose names shall be provided by the Yakima Police Department) within 72 hours of the initial police contact, for the purpose of offering the services listed in this Section. The Provider agrees to contact the Yakima Police Department daily to receive an updated list of victims to contact. b. Provide direct crisis counseling to resident clients, individually or in groups; secure the confidence of clients; assess and evaluate needs and depth of trauma; structure counseling to best meet client needs; provide referral to further counseling or help as needed; report to Child Protective Services as necessary. c. Conduct a variety of education and training for shelter residents, such as parenting skills, domestic violence, and sexual abuse issues. d. Facilitate support groups and group meetings. e. Maintain accurate case files, records, and documentation; maintain accurate statistics; prepare reports and correspondence as required. f. Protect confidentiality of shelter and non - resident clients at all times. g. Develop local social service resources for appropriate referrals. h. Serve as liaison for victims in areas of law enforcement and criminal justice to ensure clients receive fair and equitable treatment throughout the system; assist clients in securing protection orders; provide translation and support services; effectively inform clients that information disclosed during a criminal or administrative investigation is subject to public disclosure laws. i. Provide emotional support to clients during crisis periods; discuss options and choices with assigned caseload of clients; schedule workday to meet the needs of clients. Page 1 of 11 j. Advocate for legal, service, and resource needs of clients; appear in court as necessary to support clients. k. Maintain a copy of the City of Yakima Officer Involved Domestic Violence Policy for the reference of domestic violence advocates working under this contract. 1. Provide a dedicated telephone number to serve as a crisis hotline /helpline to allow victims to access a trained staff person and the services of the domestic violence agency twenty -four hours a day, three hundred sixty -five days a year. 2. Advocate Training. Domestic violence advocates working under this contract shall receive at least twenty hours of initial basic training, and ongoing training annually, related to legal advocacy and the provision of services to domestic violence clients as described in WAC 388 -61A -0350. Staff providing supportive services and staff supervisors must obtain an annual minimum of thirty hours of continuing education training beginning in their second year with the Provider. This must include a minimum of fifteen hours of training on advocacy that is directly related to serving the victims of domestic violence and their children and a minimum of five hours of training on providing services and advocacy to individuals from marginalized populations. Not more than ten of the thirty hours of continuing education training can be obtained from video, audio, or similar self -study methods. All initial and continuing training received by staff and supervisors must be recorded in a training log as described in WAC 388 -61A -0360. A supervisor of staff providing services under this contract shall at a minimum possess at least two years of experience providing advocacy to victims of domestic violence within a domestic violence agency and a minimum of fifty hours of training on domestic violence issues and advocacy within three years prior to being hired as a supervisor. 3. Confidentiality All agents of the Provider must maintain the confidentiality of all personally identifying client information, confidential client communications, and all client information identified as confidential under WAC 388 -61A -0310. Only confidential information allowed under WAC 388 -61A -0320 may be disclosed to the appropriate parties. Waivers of confidentiality are appropriate as stipulated in WAC 388 - 61A -0330. 4. Supportive Services. The Provider must utilize a survivor- centered and empowerment service model that promotes safety for all victims of intimate partner violence and their dependent children, as described in WAC 388 -61A -0230 and 388 -61A -0260. Page 2 of 11 5. Advocate Primarily for Misdemeanor Violations. Because the grant for the victims' advocate has been sought by the Yakima Police Department and the Yakima City Prosecutor, and whereas, victims in Yakima Municipal Court do not have any resources available to them, other than the services currently provided by the Provider, the parties intend that the advocates will primarily, but not solely, serve victims of domestic violence in Yakima Municipal Court cases. Additionally, the parties recognize that victims of abuse in Yakima County Superior and District Courts are presently entitled to use the services of the Victim Witness Unit at the Yakima County Prosecuting Attorney's Office for their counseling and legal advocacy needs. 6. Monthly Report. The Provider shall compile on a monthly basis statistics showing the total number of victims served and case dispositions for all victims served by the advocate. This information shall be provided to the City Prosecutor and to the Yakima Police Department for use in determining whether to apply for grant funding when the present tentatively approved grant expires. 7. Police Duties. Pursuant to RCW 10.97.050, the Yakima Police Department agrees to provide the name, telephone number, address, and case number (victim information) to the Provider's 72 -Hour Response Program through its advocate, a position established for the purpose of providing assistance to victims of domestic violence within the City of Yakima. This victim information is given to the Provider's 72 -Hour Response Program to enable them to offer and provide assistance to victims of domestic violence early in the cycle of violence. This assistance will be in the form of education about domestic violence, advocacy, counseling, and information about resources for victims of domestic violence. Victim information may be provided by the Yakima Police Department to the Provider's 72 -Hour Response Program in either verbal or written form and will be provided pursuant to a Provider's 72 -Hour Program request that indicates that an authorized and approved Program worker is available to receive the information. The victim information will be considered confidential by the Provider's 72 -Hour Response Program and its personnel, will be securely stored by the Program so as to prevent unauthorized access or use, and will be used by the Program only for the purposes described in Subsection (1)(a) of this Agreement. 8. Term. The term of this Agreement shall be from January 1, 2016, to December 31, 2016. This Agreement shall automatically renew, on a year -to -year basis, upon the same terms and conditions herein, subject to the provisions in section 29 of this Agreement. Page 3 of 11 9. Compensation. a. Payments. Compensation to the Provider shall be payable monthly upon proper voucher for salary and expenses as outlined herein. Vouchers shall be submitted by the Provider and received by the Director of Finance and Budget at City Hall, Yakima, Washington. Any amounts owing beyond payments already made by the City for the current contract period up to the date of the Agreement, shall be paid as per the previous contract's terms upon execution of the Agreement by all parties. b. Payment in the Event of Termination. In the event that either party terminates this Agreement under Section Eighteen (18), Provider shall be compensated in accordance with the above terms for all satisfactory services provided to the City under this Agreement up to the effective termination date. c. Maintenance of Financial Records/Documents. When requested to do so by the City representative, Provider shall make the cost records, accounts, and related financial documents pertaining to this Agreement available for inspection by City representatives during the term of this Agreement and for a period of three (3) years following the final payment to the Provider by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, the Provider shall provide the City with appropriate clarification and /or financial adjustments within thirty (30) calendar days of notification of the discrepancy. d. Disbursement. The grants tentatively approved in the amounts of Twenty -Four Thousand and No /100 Dollars ($24,000) per year, beginning in 2016, shall be disbursed for use in the following categories: Administrative Support, 72 -Hr. Response Advocates Salaries and Benefits (Including: Medical/FICA/Retirement), Printing /Copying and other Supplies, Training including travel costs, and Occupancy, 10. Independent Contractor. The parties understand and expressly agree that the Provider is an independent contractor with the responsibility and authority to control and direct the performance of the details of the work/services described herein, in accordance with the terms and conditions of this Agreement. The implementation of contracted activities and the results to be achieved are solely the responsibility of the Provider. No employee, agent, servant, or representative of the Provider shall be deemed to be an employee, agent, servant, or representative of the City for any purpose, and the employees, agents, subcontractors, or representatives of the Provider shall make no claim of City employment nor shall they claim against the City any related employment benefits, social security, and /or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership, or agency between the Provider and the City. The Provider will be solely and entirely responsible for the acts of its Page 4 of 11 agents, employees, subcontractors, or otherwise, during the performance of this agreement. 11. Taxes and Assessments. Provider shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Provider shall pay the same before it becomes due. 12. Non - Discrimination Provision, During the performance of this Agreement, the Provider shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, sexual orientation, or the presence of any sensory, mental, or physical handicap. 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. 13. Compliance With Law. The Provider agrees to perform all work/services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 14. Public Records Act. All records, documents, writings or other information produced or used by the Provider in the performance of this agreement shall be treated according to the following terms: a. The City is required by law to comply with the Washington State Public Records Act (hereinafter referred to as the "PRA "), Chapter 42.56 RCW. All records relating to the Provider'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. b. 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. c. To the extent that public records then in the custody of the Provider are needed for the City to respond to a request under the PRA, as determined by the City, the Provider agrees to make them promptly available to the City. d. If the Provider considers any portion of any records provided to the City under this agreement whether in electronic or hard copy form, to be protected from Page 5 of 11 disclosure under law, the Provider shall clearly identify any specific information that it claims to be confidential or proprietary. e. If the City receives a request under the PRA to inspect or copy the information so identified by the Provider 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 notify the Provider (a) of the request and (b) of the date that such information will be released to the requester unless the Provider obtains a court order to enjoin that disclosure pursuant to RCW 42.56.450. If the Provider fails to timely obtain a court order enjoining disclosure, the City will release the requested information on the date specified. f. The City has, and by this section assumes, no obligation on behalf of the Provider to claim any exemption for disclosure under the Public Records Act. The City shall not be liable to the Provider for releasing records not clearly identified by the Provider as confidential or proprietary. The City shall not be liable to the Provider 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. g. 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 Provider. Where there is a question as to whether information is public or private, the City shall make the final determination. The Provider shall not use any information, systems, or records made available to it for any purpose other than to fulfill the agreement duties specified herein. The Provider 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. 15. Records Retention a. The Provider shall retain and provide the City access to (and the City shall have the right to examine, audit, and copy) all of the Provider's books, papers, and records which are related to the services performed by the Provider under this agreement. The Provider shall retain these records for six (6) years after the last activity 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. The Provider 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. b. All records relating to costs, work performed and supporting documentation for invoices submitted to the City by the Provider shall be retained and made available by the Provider for audit by the State of Washington (including but not limited to the 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 (3) years after payment for work performed under this agreement. If an audit, litigation, or other action is initiated during this time period, the Provider shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later. Page 6 of 11 16. Insurance a. At all times during performance of the Services, The Provider shall secure and maintain in effect insurance to protect the City from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. The Provider 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. b. Commercial General Liability Insurance. Before this Contract is fully executed by the parties, The Provider shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial 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 (per project). The policy shall include employer's liability (Washington Stop Gap). 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 insurer will not cancel or change the insurance without first giving the City prior written. 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. 17. Commercial Automobile Liability Insurance a. Before this Contract is fully executed by the parties, The Provider shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial 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. b. 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 insurer 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. Page 7 of 11 c. Directors and Officers. Before this Contract is fully executed by the parties, The Provider shall provide the City with a certificate of insurance as evidence of Directors and Officers Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of the Contract, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Contract and for a minimum of three (3) years following the termination of this Contract. d. Professional Liability Coverage. Before this Contract is fully executed by the parties, The Provider shall provide the City with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of One Million Dollars ($1,000,000.00) per claim combined single limit bodily injury and property damage, and One Million Dollars ($1,000,000.00) aggregate. The policy will include sexual abuse /molestation coverage. 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 insurer 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. If the policy is written on a claims made basis the coverage will continue in force for an additional three (3) years after the completion of this contract. 18. Indemnification and Hold Harmless a. The Provider agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected officials, agents, officers, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs, and expenses (including attorneys' fees and disbursements) resulting from the Provider's performance and /or non- performance of this Agreement. b. In the even both the Provider and the City are negligent, the Provider's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees) that can be apportioned to the Provider, its officers, employees, agents, and /or subcontractors. Page 8 of 11 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. 19. Delegation of Professional Services. The services provided for herein shall be performed by the Provider, and no person other than regular associates, agents, or employees of the Provider shall be engaged upon such work or services except upon written approval of the City. 20. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Provider to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Provider stated herein. 21. Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other party. This Agreement shall terminate immediately and without notice should the grant monies which fund the City's contribution be terminated or reduced by the passage of a referendum or otherwise. Upon such termination all obligations not already performed under this Agreement shall cease immediately and this Agreement shall be void and have no further effect. 22. No Conflict of Interest. The Provider represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The Provider further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 23. Non - Waiver. The waiver of either the City or the Provider of the breach of any provision of this Agreement by the other party shall not operate and /or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 24. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of this Agreement shall remain in full force and effect. 25. Survivability. 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. Page 9 of 11 26. Integration. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties hereto are merged into this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. 27. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: City Manager Yakima City Hall 129 North 2 Street Yakima, WA 98901 TO Provider: Amy Flynn, Executive Director 818 West Yakima Avenue Yakima, WA 98902 Or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 28. Governing Law. This Agreement has been and shall be construed as having been made and delivered within Yakima County in the State of Washington, and it is mutually understood and agreed to by each party hereto that this Agreement shall be governed by the laws of the State of Washington and Yakima County both as to interpretation and as to performance. 29. Venue. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision thereof, shall be instituted and maintained only in the Superior Court for Yakima County, Yakima, Washington. 30. Automatic Renewal: This Agreement shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then - current term. Under this clause, a party would have to notify the other party, in writing, that they did not want to renew the contract at least thirty (30) days before the end of the current contract term. Page 10 of 11 If the party failed to provide timely written notice, the contract would automatically renew. 31. Review and Update. The parties to this Agreement agree to jointly review and update this Agreement every five (5) years or upon the written request by one of the parties. Any proposed changes to this Agreement resulting from a review of the Agreement shall not become valid until the signing and enforcement date of a new Agreement. Any review of the Agreement will not terminate the existing Agreement between the parties until the signing of a validly executed update to this Agreement. Until replaced or terminated by one of the parties, this Agreement shall stay in force as agreed upon by the parties on the date of execution of this Agreement. DATED this day of , 2016 CITY OF YAKIMA YWCA, a private non - profit agency By: By: City Manager Amy Flynn, Executive Director 129 North Second Street 818 West Yakima Avenue Yakima, WA 98901 Yakima, WA 98902 ATTEST: City Clerk City Contract No. Resolution No. Page 11 of 11