HomeMy WebLinkAbout02/05/2008 10 Citizens for Safe Yakima Valley Communities Agreement BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / d.
For meeting of: 2/05/08
ITEM TITLE: Resolution authorizing execution of an Agreement with Citizens for
Safe Yakima Valley Communities ( "Citizens ").
SUBMITTED BY: Dick Zais, City Manager
Sam Granato, Police Chief
CONTACT PERSON/TELEPHONE: Sam Granato, Police Chief, 575 -6211
SUMMARY EXPLANATION:
The City Council provided authority to support the proposal of Citizens for Safe Yakima Valley
Communities. As described in the attached Agreement, "Citizens" is committed to fostering
community development, contributing to the operation of City government, enhancing the
quality of life in Yakima and building a safe community for its citizens.
•
Resolution X Ordinance
Contract Citizens for Safe Yakima Valley Communities
Mail to (name and address): Michael P. Morrisette, President/CEO
P.O. Box 1490, Yakima, WA 98907
Funding Source A
APPROVED FOR SUBMITTAL:
� = City Manager
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STAFF RECOMMENDATION: Adopt resolution
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
•
• RESOLUTION NO. R -2008-
A RESOLUTION authorizing the City Manager to execute an Agreement with Citizens for
Safe Yakima Valley Communities for the purpose of fostering
community development, contributing to the operation of City
government, improving the quality of life in Yakima and building a safe
community.
WHEREAS, the City Council of the City of Yakima desires to foster community
development, contribute to the operation of city government, enhance the quality of life in
Yakima and build a safe community for its citizens; and
WHEREAS, the City wishes to utilize the skill, experience, and expertise of the
Citizens for Safe Yakima Valley Communities rather than attempt to perform the same
services at greater expense; and
WHEREAS, Citizens for Safe Yakima Valley Communities staff possess skills,
experience and expertise in the development of programs to enhance community well -being
and a safe community; and
WHEREAS, the City Council has previously authorized agreements supporting
programs to foster community development, contribute to the operation of City government,
enhance the quality of life in Yakima and build a safe community for its citizens as
described in the underlying Agreement; and
WHEREAS, the City Council and the Citizens for Safe Yakima Valley Communities
wish to support the relationship between the City and the organization by entering into an
Agreement for one (1) year, commencing upon execution hereof by the parties and
terminating at midnight, December 31, 2008; and
WHEREAS, the City Council deems it is in the best interest of the City of Yakima to
engage the Citizens for Safe Yakima Valley Communities in accordance with 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 and City Clerk are hereby authorized and directed to execute the
attached and incorporated "Citizens for Safe Yakima Valley Communities Public Sector
Professional Services Agreement with the City of Yakima, Washington" between the City of
Yakima and Citizens for Safe Yakima Valley Communities for the purpose of fostering
community development, contributing to the operation of city govemment, enhancing the
quality of life in Yakima and building a safe community for its citizens.
ADOPTED BY THE CITY COUNCIL this 5 day of February, 2008.
ATTEST: David Edler, Mayor
City Clerk
41 CITIZENS FOR SAFE YAKIMA VALLEY COMMUNITIES
P UBLIC SECTOR PROFESSIONAL SERVICES AGREEMENT
WITH THE CITY OF YAKIMA, WASHINGTON
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement ") is made
and entered into by and between the CITY OF YAKIMA (hereinafter "City "), a Washington
municipal corporation, and CITIZENS FOR SAFE YAKIMA VALLEY COMMUNITIES.
(hereinafter "Citizens "), a Washington non - profit corporation.
WHEREAS, the City Council of the City of Yakima desires to foster community
development, contribute to the operation of city government, enhance the quality of life in
Yakima and build a safe community for its citizens; and
WHEREAS, the City wishes to utilize the skill, experience, and expertise of Citizens
rather than attempting to perform the same services at greater expense; and
WHEREAS, Citizens' staff possess skills, experience and expertise in the development
of programs to enhance community well -being and a safe community; and
WHEREAS, the City wishes to exercise authority granted under RCW 35.21.703 and its
police powers by contracting with Citizens to achieve these goals;
0 NOW, THEREFORE, in consideration of these premises and of the mutual covenants,
p romises, and agreements set forth herein, it is agreed by and between the City and Citizens as
follows:
1. SCOPE OF SERVICES. Citizens shall maintain a professional staff and shall provide
professional services to the City and shall dedicate its best efforts for the express purpose of
fostering community development, contributing to the operation of City govemment, enhancing
the quality of life in Yakima and building a safe community for its citizens. Citizens' efforts
under this Agreement shall conform to all applicable federal, state, and local laws, and to all
standards of professional skill, competence and care in the community safety and development
profession. Citizens shall use its best efforts and devote all necessary personnel to the projects
undertaken on behalf of the City. Citizens' services to the City shall include, and are not limited
to, planning and full implementation of:
The organization and coordination of the efforts of various groups in a
collaborative manner and the execution of activities and projects directed solely
at making Yakima a safe place to work, run a business and raise a family
including the following programs -
a. National Night Out — Support an assembly of Neighborhood Block Watch
Program leaders aimed at reinforcing the Neighborhood Block Watch initiative
and expanding the number of neighborhoods in the City that have organized
Block Watch programs.
b. Summer Jobs for Disadvantaged Youth — Work with businesses and the South East
III Community Center to create 100 summer jobs for 100 youth and conduct career fairs to
introduce youth employment opportunities.
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c. Campaign to Reduce the Use of Methamphetamine — Develop and launch an
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aggressive educational and media campaign directed at reducing addiction to
Methamphetamine and the causes of addiction associated with the use of all illegal
drugs.
d. Regional Youth Forum — Organize and conduct a youth forum that attracts youth
from throughout the county and engages them in youth initiated projects aimed at
reducing juvenile crimes, gang membership, and the causes of crimes in their respective
communities.
e. Benchmarkinq Results — Support efforts such as neighborhood policing (Emphasis
Patrols) for specific neighborhoods with baseline perception surveys and follow -up
perception surveys to determine valid, measurable results.
f. CSC Operations and Staffing — Support the cost of operations, staffing and logistical
expenses associated with sustaining the CSC volunteer organization.
2. DURATION OF CONTRACT. This Agreement shall commence upon execution hereof
by the parties and shall terminate on midnight, December 31, 2008, unless terminated sooner
by either party in accordance with Section 16 of this Agreement.
3. COMPENSATION, METHOD OF PAYMENT, REPORTING. Citizens shall receive
reimbursement on a monthly basis for contract related expenditures made within the preceding
monthly period. Total compensation for this contract shall not exceed Twenty Thousand dollars
($20,000) over the twelve month contract period beginning January 1, 2008, as approved in the
2008 City budget. Citizens shall submit a semi - annual report to the City detailing work toward
accomplishment of the above referenced activities. The first report shall be due by June 30,
2008, with a second report due at the end of twelve months for the same purpose.
4. ESTABLISHMENT AND MAINTENANCE OF RECORDS. Citizens shall maintain
accounts and records, including personnel, property, financial, and program records, and such
other records as the City may deem necessary, including a system of internal controls and
accounting systems which conform to generally accepted accounting principles and auditing
standards. This is to ensure proper accounting for all funds provided under this Agreement. All
such records and documents shalt be retained by Citizens and be available for inspection, audit
and copying by the City during the term of this Agreement and for a period of three (3) years
following the termination of this Agreement.
5. AUDITS AND INSPECTIONS.
a. Citizens shall provide access of facilities to the City, the state and /or federal
agencies or officials at reasonable times to monitor and evaluate the services provided under
this Agreement. The City will give advance notice to Citizens in the case of fiscal audits,
pertaining to the services provided under this Agreement, to be conducted by the City.
b. Records and documents pertaining to services provided under this Agreement
shall be subject at all reasonable times to inspections, review, or audit by the City and /or duly
authorized federal /state officials, including but not limited to, the Washington State Examiner.
The City will give advance notice to Citizens in the event an inspection of records is required,
which may include a quarterly on -site audit and inspection of financial records.
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• c. If Citizens has its annual financial statement audited by an independent certified
public accountant during the period of this Agreement, one copy of such audit shall be provided
to the City.
6. REVIEW AND EVALUATION. Citizens agrees to cooperate with the City or its agent in
the City's annual review and evaluation of Citizens' performance under this Agreement and to
make available all information reasonably required for any such evaluation process.
7. INSURANCE. On or before the effective date of this Agreement, Citizens shall provide
the City with a certificate of insurance as proof of liability insurance in the amount of One Million
Dollars ($1,000,000.00) that clearly states who the provider is, the amount of coverage, the
policy number, and when the policy and provisions provided are in effect. Said policy shall be in
effect for the duration of this Agreement. The policy shall name the City, its elected officials,
officers, agents, and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City thirty (30) calendar
days prior written notice (any language in the clause to the effect of "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company" shall be crossed out
and initialed by the insurance agent). 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. If the
City is damaged by the failure of Citizens to maintain the above insurance or to so notify the
City, then Citizens shall bear all costs attributable thereto. .
8. INDEMNIFICATION. Citizens shall defend, indemnify, and hold harmless the City, its
0 officers, elected officials, employees and agents from and against any and all claims, causes of
action, damages, losses, and expenses of any kind or nature whatsoever, including but not
limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Citizens'
performance or non - performance of the services, duties and obligations required of it under this
Agreement.
9. NONDISCRIMINATION. During the performance of this Agreement, Citizens shall not
discriminate in violation of any applicable federal, state, and /or local law or regulation on the
basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, 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 employment
training, or in the administration or delivery of services or any other benefits under this
Agreement.
10. PROHIBITED ACTS. Citizens shall use all consideration provided under this Agreement
solely to pay for labor, equipment, materials, and overhead in its operations. It shall not use
such consideration as loans, grants, or gifts to public or private entities for any purpose
whatsoever nor shall such consideration be used for the purpose of promotional hosting.
Violation of the provision of this Section shall be cause of immediate termination of this
Agreement, notwithstanding any other provision contained herein, and Citizens shall repay to
the City any funds transferred in violation of this Section.
11. INTEGRATION. This Agreement sets forth all of the terms, conditions, and agreements
of the parties relative to the subject matter hereof and supersedes any and all such former
ill agreements which are hereby declared terminated and of no further force and effect upon the
execution and delivery hereof.
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12. MODIFICATIONS. Either party may request modifications to this Agreement but no
proposed modifications to this Agreement shall be valid or binding upon either party unless
such modification is in writing and executed by both parties.
13. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or
transferred in whole or in part by Citizens 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 Citizens stated herein.
14. NON - WAIVER. The waiver of either the City or Citizens 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.
15. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
16. TERMINATION. This Agreement may be terminated, with or without cause, prior to the
date specified above in Section 2, by written notice from either party to the other thirty (30) days
in advance of the termination. In the event of termination, the amount of compensation shall be
prorated monthly to the nearest full month of service.
17. SURVIVAL. 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.
40 18. 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: R. A. Zais, Jr. City Manager
128 N. 2 St.
Yakima, WA 98901
TO CITIZENS: Michael P. Morrisette, President/CEO
P.O. Box 1490
10 North 9 Street
Yakima, WA 98907
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.
19. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
20. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
21. INDEPENDENT CONTRACTOR STATUS OF CITIZENS. Citizens and the City
understand and expressly agree that Citizens is an independent contractor in the performance
of each and every part of this Agreement. Citizens, as an independent contractor, assumes the
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4110 entire responsibility for carrying out and accomplishing the services required under this
Agreement. Additionally, and as an independent contractor, Citizens and its employees shall
make no claim of City employment nor shall 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
Citizens or any officer, employee or agent of Citizens and the City.
22. TAXES AND ASSESSMENTS. Citizens 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, Citizens shall pay the same before it becomes due.
CITY OF YAKIMA CITIZENS FOR SAFE YAKIMA
VALLEY COMMUNITIES
R. A. ZAIS, JR. MICHAEL P. MORRISETTE
City Manager President/CEO
Date: Date:
ATTEST
City Clerk
Date:
City Contract No.:
Resolution No.:
III
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