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HomeMy WebLinkAboutYMCA of Greater Seattle kn < < CITY OF AUBURN - AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into this / day of a-e , 2013, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereafter referred to as the 'CITY', and "YMCA OF GREATER SEATTLE - ALIVE & FREE" which is located at 909 Fourth Avenue Seattle, WA 98104, a non-profit corporation organized under the laws of the State of Washington, hereafter referred to as the "AGENCY " WHEREAS, the AGENCY provides a valuable service to the CITY and its residents through the provision of services for high risk youth and community safety; and WHEREAS, the CITY is interested in continuing support of the Alive & Free program, including development of additional resources and service sites; WHEREAS, the CITY entered into a Joint Funding Memorandum of Understanding with the cities of Renton, Tukwila, and Kent (collectively, the "Cities") that allows the City to jointly fund and monitor a single contract with Alive & Free for gang prevention and intervention services; and WHEREAS, it is the CITY'S responsibility to enter into an agreement with the YMCA's Alive & Free Program on behalf of the Cities which are party to said Memorandum of Understanding; NOW, THEREFORE, In consideration of the covenants and conditions of this Agreement, the parties agree as follows: I. PURPOSE The purpose of this Agreement is to provide for an appropriation to the AGENCY in exchange for the Agency s provision of the services set forth in this Agreement to participating city s residents during the term. II. SCOPE OF SERVICES City of Auburn Agreement:YMCA of Greater Seattle—Alive&Free program July 1, 2013 Page 1 of 9 The AGENCY agrees to provide services, as described in the Exhibits incorporated herein by this reference as if fully set forth. III. TERM The term of this Agreement shall commence on July 1, 2013 and shall expire on June 30, 2014 IV PERFORMANCE REPORTS AND COMPENSATION A. The AGENCY shall provide to the CITY within 15 days of the close of each calendar quarter a status report containing program statistics regarding the type and level of services provided to the participating cities, as well as financial information pertaining to the contract agreement and expenditures. Format and contents of these reports are set forth in Exhibits 1 to 5 to this Agreement, which are incorporated herein by this reference. B. The AGENCY shall prepare and submit to the CITY two program evaluation reports in the format commonly referred to as "outcomes reports" which will show the intended linkages between the activities conducted and the changes the activities will produce. These reports shall contain information as set forth in Exhibit 5 to this Agreement, and shall be submitted to the CITY at the end of the first and last quarters. C. As full and total payment for the services provided under this Agreement, the CITY agrees to pay the AGENCY up to $120,000 per annual agreement as set forth in the Exhibits. The CITY will pay an amount equal to one-quarter of the total amount within thirty (30) days following the CITY's receipt of quarterly invoices. The required format and content of quarterly invoices is set forth in the Exhibits to this Agreement, and is incorporated herein by this reference. V INDEMNIFICATION City of Auburn Agreement: YMCA of Greater Seattle—Alive& Free program July 1 2013 Page 2 of 9 AGENCY shall defend, indemnify and hold the CITY and the Cities, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the AGENCY in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY or Cities. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the AGENCY and the CITY or Cities, their officers, officials, employees, and volunteers, the Agency's liability hereunder shall be only to the extent of the Agency's negligence It is further specifically and expressly understood that the indemnification provided herein constitutes the Agency's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. INDEPENDENT CONTRACTOR/ASSIGNMENT The parties agree and understand that the AGENCY is an independent contractor and not the agent or employee of the CITY or any of the Cities, and that no liability shall attach to the CITY or any of the Cities by reason of entering into this Agreement except as provided herein. The services required of the AGENCY under this Agreement may not be assigned or subcontracted by the AGENCY without the prior written consent of the CITY VI. INSURANCE The AGENCY shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or property which may arise from or in connection with services provided by the AGENCY, it agents, employees or volunteers under this Agreement. The AGENCY agrees to provide comprehensive general liability insurance and shall maintain City of Auburn Agreement:YMCA of Greater Seattle—Alive&Free program July 1 2013 Page 3 of 9 liability limits of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit coverage per occurrence for bodily injury, personal injury and property damage Where professional services are provided as part of the services rendered pursuant to this Agreement, as shown in Exhibit 1, the AGENCY shall also provide and maintain professional liability coverage including errors and omissions coverage in the minimum liability amount of ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. Any deductibles or self insured retentions in either policy must be declared to and approved by the CITY and the Cities. At the option of the CITY, and the Cities, either The insurer shall reduce or eliminate such deductibles or self insured retentions as respects the CITY and the Cities, their officials and employees; or, the AGENCY shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The policies are to contain or be endorsed to contain the following provisions: 1) GENERAL LIABILITY COVERAGE The CITY and the Cities, their elected and appointed officials, employees and agents are to be covered as additional insured as respects: liability arising out of services and activities performed by or on behalf of AGENCY, its employees, agents and volunteers. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, their elected and appointed officials, employees or agents, or its contract partners - the Cities. 2) GENERAL LIABILITY AND PROFESSIONAL LIABILITY COVERAGES (a) The AGENCY's insurance coverage shall be primary insurance as respects the CITY and the Cities, their officials, employees and agents. Any insurance or self insurance maintained by the CITY and the Cities, their officials, employees or City of Auburn Agreement:YMCA of Greater Seattle—Alive&Free program July 1 2013 Page 4 of 9 agents shall be in excess of the AGENCY's insurance and shall not contribute with it. (b) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the CITY and the Cities, their officials, employees or agents. (c) Coverage shall state that the AGENCY's insurance shall apply separately to each insured against whom a claim is brought or suit is brought except with respect to the limits to the insurer's liability (d) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage, or in limits unless prior written notice has been given to the CITY, and the Cities, by certified mail return receipt requested at least thirty (30) days in advance of any such suspension voiding, cancelation or reduction in coverage, or in limits. The AGENCY agrees to provide copies of the Certificates of Insurance to the CITY and the Cities, at the time that this Agreement takes effect. (e) The AGENCY shall furnish the CITY, and the Cities, with Certificates of Insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The CITY, and the Cities, reserve the right to require complete, certified copies of all required insurance policies at any time. (f) The AGENCY shall include all volunteers, employees and agents under its policies or shall furnish separate certificates and endorsements for each. All coverage for volunteers shall be subject to all the requirements stated herein. VII. NONDISCRIMINATION City of Auburn Agreement: YMCA of Greater Seattle—Alive& Free program July 1 2013 Page 5 of 9 The AGENCY shall not discriminate in any services or programs to which this Agreement may apply directly or through contractual or other arrangements on the grounds of any protected class status as defined by any national, state or local laws or ordinances including but not limited to race, color, creed, religion, national origin, sex, sexual orientation, age, or the presence of any sensory, mental or physical handicap VIII. BOOKS AND RECORDS The AGENCY agrees to maintain separate accounts and records in accordance with State Auditor's procedures, including personnel, property, financial and programmatic records which sufficiently reflect direct and indirect costs and services performed under this Agreement. The AGENCY agrees to maintain all books and records relating to this Agreement for a period of three (3) years following the date that this Agreement is expired or otherwise terminated. The parties agree that the CITY may inspect such documents upon good cause at any reasonable time within the three (3) year period. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon thirty (30) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other X. SEVERABILITY AND SURVIVAL If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. Xl. ENTIRE AGREEMENT, MODIFICATION. City of Auburn Agreement:YMCA of Greater Seattle—Alive&Free program July 1 2013 Page 6 of 9 This MOU, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the AGENCY and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this MOU shall be of any force or effect unless it is in writing and signed by the parties. XII. GENERAL PROVISIONS A. The AGENCY agrees to submit a report to the CITY no later than the last quarterly invoice date, describing the progress and activities performed for the previous year's scope of services. B. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington and where applicable, Federal laws. C. The AGENCY agrees to conduct its activity in such a manner as to coincide with the goals identified in the attached Memorandum of Understanding. The AGENCY understands that the performance indicators established in the Memorandum will be used by the City as a measurement tool in determining if the goals have been achieved. D The CITY and the AGENCY respectively bind themselves, their successors, volunteers, assigns and legal representatives to the other party to this Agreement and with respect to all covenants to this Agreement. E. This Agreement represents the entire and integrated Agreement between the CITY and the AGENCY and supersedes all prior negotiations. This Agreement may be amended only by written instrument signed by both the CITY and the AGENCY City of Auburn Agreement: YMCA of Greater Seattle—Alive& Free program July 1 2013 Page 7 of 9 F Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including attorney's fees and expenses and court costs shall be paid to the substantially prevailing party G. The AGENCY agrees to comply with all local, state and federal laws applicable to its performance under this Agreement. DATED this /9 — day of ( 2Lt , 2013. Amer PETER B. LEWIS MAYOR ATTEST ES d ca Danielle E. Daskam City Clerk APP'Of ED • FO M4 AASJ ,ii Daniel B. Hen, F City Attorney YMCA OF G' - ° E BY TITLE. S\) P I \ _ STATE OF WASHINGTON )ss COUNTY OF KING On this 25 day of 2013, before me, the undersigned, a Notary Public in and for the State of Washin ton, personally appeared of L. ! roww , to me known to be the SP/(r- of the City of Auburn Agreement: YMCA of Greater Seattle—Alive&Free program July 1 2013 Page 8 of 9 YMCA, the non-profit corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said non-profit corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. at ‘‘\\‘‘"\ 1111 ` qtr NOTARY PUBLIC in and for the State of{- S CHEW"? 'i,� Washington, residing in 1'69 (�guni4 ,...ceow �►o''�. ii MY COMMISSION expires: I I 02- Z01(v o Ij • I�Op`WASN�a` City of Auburn Agreement: YMCA of Greater Seattle—Alive& Free program July 1 2013 Page 9 of 9 CITY OF + %' :R r EXHIBIT COVER PAGE iJ� WASHINGTON SERVICE AGREEMENT 2013 INVOICE FOR CONTRACTED SERVICES To: CITY OF AUBURN, ATTN: Michael Hursh 25 WEST MAIN STREET, AUBURN WA 98001 Agency YMCA of Greater Seattle 909 Fourth Avenue Seattle, WA 98104 Program: YMCA Alive & Free Contact,Title: Eleuthera Lisch, Director Phone: 206-382 5245 Email: elisch @seattleymca.org Amount Requested: Invoice for ❑ 1 s'Quarter, July to September—Due: October 15, 2013 ❑ 2nd Quarter, October to December— Due: January 15, 2014 ❑ 3rd Quarter, January to March —Due: April 15, 2014 ❑ 4'h Quarter, April to June—Due: July 15, 2014 Attachments: ❑ Quarterly Service Report- Exhibit 1 ❑ Quarterly Financial Report—Exhibit 2 ❑ Demographic Report (4th Quarter only) —Exhibit 3 ❑ Service Unit Report—Exhibit 4 ❑ Outcomes Report (4th Qtr data due) —Exhibit 5 ❑ Proof of Insurance I certify to the best of my knowledge that this invoice and attachments reflect actual service provided to Auburn residents. ' Signature of Authorized Representative Date The City of Auburn will issue payment upon this invoice within forty-five (45) business days of receipt. To ensure prompt payment, please submit this form and all required attachments by the date listed above. FOR CITY OF AUBURN USE ONLY Contract Amount: $ Payments Year to Date: Payment this invoice: Contract Balance: Authorized to Pay Signature Date CITY OF AUBURN COVER PAGE—MUST BE SIGNED AND SUBMITTED WITH EACH PAYMENT REQUEST 2013 Exhibit 2 CITY OF AUBURN 2013 Quarterly Financial Report Agency' YMCA of Greater Seattle Date: Program: Alive & Free Report for _July-Sept _Oct-Dec _Jan-Mar _Apr-June Cost Categories Budget This Cumulative Award Award Request to date Balance 1 Personnel/Agency Services, Crisis Line and 2-1 1 2 Office/Operating Supplies 3 Consultant or Purchased Services 4 Direct Client Assistance 5 Communications 6 Travel &Training 7 Intra-Agency Support 8 (Other per Detail Grand Total $ Requested Reimbursement: South King County YMCA Alive & Free Program Funding Funding Source Outreach Workers South King A Better Seattle/ County Seahawks Match Coordinator City of Auburn $30,000 $30,000 City of Kent $30,000 $30,000 City of Renton $30,000 $30,000 City of Tukwila $30,000 $30,000 King County Superior Court $40,000 2013 Exhibit 3 CITY OF AUBURN 2013 Demographic Report Agency- YMCA of Greater Seattle Date: Program: Alive & Free Category 4i1 2"' • -. 3 41E Total YTD Client Auburn Residence** Kent Renton ' List all clients Tukwila served in this Unincorporated King County category. In all other Other: categories list Unknown participating TOTAL cities' clients only. Client 30%of median or below Income 50%of median or below Level' ■ 80%of median or below Above 80% of median Unknown TOTAL Client - Female Gender Male Client 0-4 Age . 5-12 13-17 18-34 35-54 55-74 75+ Unknown TOTAL Ethnicity/ Asian/Pacific Islander Cultural Black/African American Background Hispanic/Latino Native American/Alaskan Native White/Caucasian Other Unknown TOTAL Condition Disabling Condition ESL Limited English Speaking Household Female-Headed Household Male-Headed Household CITY OF AUBURN —YMCA ALIVE & FREE SERVICE AGREEMENT 2013 SCOPE OF SERVICES 2013 Exhibit 4 CITY OF AUBURN - JOINT HUMAN SERVICE AGREEMENT 2013 SCOPE OF SERVICES AND QUARTERLY SERVICE UNIT REPORT Agency Information: YMCA of Greater Seattle (206) 382-5245 909 Fourth Avenue (206) 382-7894 fax Seattle, WA 98104 Contact: Eleuthera Lisch Title• Program Director E-mail: elisch @seattleymca.org Contract Information: Contract Amount: $ 120,000 Program Name: Alive & Free Description of Services: Reduction of youth & gang violence and increase community safety in the South King County region 2013 Outreach Workers (Hours) Service Unit Total Projected All Funding Sources Description: Clients {minimum clients 1st Qtr 2nd Qtr 3`d Qtr 4`"Qtr served by city} Service Unit /Performance Measure Auburn 25 - Kent 25 Renton :25 Tukwila 25 Note: Year 1 numbers low with intention to . increase each year - once staffing is in place 100' Totals CITY OF AUBURN —YMCA ALIVE & FREE SERVICE AGREEMENT 2013 SCOPE OF SERVICES The City of Auburn, on behalf of the Valley Cities Association, is entering into an agreement with the YMCA of Greater Seattle (YMCA) to manage Street Outreach Services including Critical Incident Response and Management and Warrant Reduction, to high risk youth in the south King County cities of Auburn, Renton, Kent and Tukwila as described herein. YMCA Responsibilities The YMCA will assume direct responsibility for managing street outreach team and achieving targets for Warrant Reduction and Street Outreach Services. The YMCA will be responsible for routine supervision, on-going training, support and evaluation of all YMCA Alive & Free staff. The YMCA will hire and manage personnel as follows: • Hire and train South King County Alive & Free Program Supervisor • Hire, train and supervise 4 PT outreach workers as funded by the partnership. • Ensure staff collaborate with South King County partner agencies/service providers to share information, resources and opportunities for youth • Dedicate the South King County Alive & Free Coordinator to be the primary point of contact between law enforcement and outreach workers. • Ensure all outreach workers have received training in protocols for working with law enforcement The YMCA will oversee all critical incident management and response, warrant reduction, street outreach/in-reach and community building activities of the YMCA Alive & Free program as follows: Critical Incident Management and Response YMCA Alive & Free will respond to major incidents of violence involving youth by providing on-scene support and post incident follow-up. Alive & Free will provide coordination of safety planning and staffing for major community events to prevent violence. Critical Incident Management and Response includes: CITY OF AUBURN —YMCA ALIVE & FREE SERVICE AGREEMENT 2013 SCOPE OF SERVICES • Notification: Police, community partners or youth notify Alive & Free staff of critical incident in progress. • Deployment and On-Scene Support: Outreach Workers are deployed to the scene to manage rumors and provide de-escalation and mediation to prevent retaliation. • Post Scene Support: Outreach Workers go to the hospital with the family and provide mediation and de-escalation as needed. Outreach Workers also provide In-reach to youth detained at King County Juvenile Detention as a result of incidents. • Follow-up Support: The Alive & Free Outreach Network hosts Critical Incident Debriefs with Outreach Team and appropriate community partners within 24 hours of incident to plan strategies to diffuse further tension. Alive & Free also provides support services to victims, perpetrators, and their families, including accompanying family to hospitals, supporting planning of memorial, vigil and funeral, and conducting in-reach to detained youth • Major Event Safety Planning provided in partnership with key community stakeholders to strategize and promote safety at large events attended by youth where there is a precedent of violence. • Spot Checking- Outreach workers regularly visit locations where high risk youth are known to congregate and engage youth, de- escalating and mediating tension when needed, and notifying law enforcement when appropriate to prevent Critical Incidents of violence. Warrant Reduction Coordination: YMCA Alive & Free will partner with King County Superior Court to provide outreach services to youth residing in South King County with upcoming court hearings to ensure youth attend court and are not issued warrants for failure to appear • Alive & Free South King County Coordinator will receive and coordinate referrals for and supervise Outreach Workers • Outreach Workers will contact and ensure pre-adjudicated youth attend their court hearings by helping youth and family identify and overcome barriers to youth attending each court hearing until youth's case is resolved • Outreach Workers will continue to have contact with highest risk youth to ensure they are connected to services that reduce future contact with the justice system Street Outreach/ Institutional In-reach and Community Building Alive & Free will meet high-risk youth where they are in the community, including in schools and institutions, and partner with South King County youth-serving organizations to identify and bridge youth to services that reduce their risk factors for violence. CITY OF AUBURN —YMCA ALIVE & FREE SERVICE AGREEMENT 2013 SCOPE OF SERVICES Outreach Workers will: • Meet and identify youth in the community who require services to reduce their risk factors for violence, gang, and juvenile justice system involvement • Build caseloads of youth clients in contracted South King County cities (Auburn, Renton, Tukwila, Kent) based strategic hot-spot monitoring, school- and community- based outreach, Critical Incident Response, response to community concerns and court referrals for Warrant Reduction • Provide information about services to youth and their families • Serve as advocates for youth to secure appropriate services, education or other opportunities • Complete regularly scheduled community Outreach "Spot-Checks" • Provide in-reach to clients in school and juvenile justice facilities • Identify appropriate partner schools serving highest risk youth in South King County to support the reduction of incidents of violence in their schools • Provide safe passage and support school security staff and school emphasis officers if there is an incident of violence at the target schools CITY OF AUBURN -YMCA ALIVE & FREE SERVICE AGREEMENT 2013 SCOPE OF SERVICES CITY OF AUBURN OUTCOMES REPORT - EXHIBIT5 Funder Reporting Date Form to City of Auburn Reporting Period Completed. Agency. Program Contact Person E-mail. Phone Due Dates: • 1st Qtr of Service. Outcome identified, indicators given, data collection method(s) explained • Final Qtr. Due: Outcome results OUTCOME. (What change do you expect to see?) In this first year of service Alive & Free will: Hire and Train Street Outreach team (1 program supervisor and 4 PT street outreach workers) Work with South King County Law Enforcement partners to design and implement a Critical Incident Response system Provide Warrant Reduction Coordination Services for up to 150 South King County Youth Strategically engage highest risk youth Build relationships with South King County service providers and law enforcement and schools Identify mutually agreed upon outcomes and indicators for youth clients CITY OF AUBURN -YMCA ALIVE & FREE SERVICE AGREEMENT 2013 SCOPE OF SERVICES MEASURABLE INDICATORS (How will you know change has occurred?) Number of high risk youth strategically engaged by Outreach Team within Auburn, Renton, Kent and Tukwila Critical Incident Response to 100% police notifications of violent incidents involving youth or gang members Major EventPost Incident Events safety planning and coordination with key partners DATA COLLECTION METHOD(S) Warrant Reduction project data, King County High Impact Offender List (HIO), YMCA Alive & Free risk assessments once individual youth indicators are finalized OUTCOME RESULTS (Narrative) highlight your data, include your interpretation of the data and attach any graphics if available Submitted after 1St Quarter of Service Use additional pages as needed ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF AUBURN AND YMCA OF GREATER SEATTLE - ALIVE AND FREE — EXTENDING THE TERM OF THE AGREEMENT BETWEEN THE PARTIES ,a �nA THIS ADDENDUM is made and entered into this a day of 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "City "), and the YMCA of Greater Seattle - Alive and Free - (hereinafter referred to as the "Agency "), as an addendum to the Agreement between the parties for the provision of services for high risk youth and community safety, executed on the 19`h day of August, 2013. WITNESSETH: WHEREAS, the parties hereto have heretofore contracted for services for high risk youth and community safety, and each appreciates that contracting for such services provides a number of mutually beneficial advantages, and WHEREAS, in order to continue providing such services, the above referenced Agreement should be amended /extended as provided herein below. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the PARTIES HERETO HEREBY AGREE as follows: ITEM ONE REVISION TO ARTICLE III - TERM: That Article III of the said Agreement, a copy of which is attached hereto as Exhibit "A ", is amended to read as follows: "The term of this Agreement shall commence on July 1, 2013, and shall expire on june 30, 2014 March 31, 2015." ITEM TWO REMAINING TERMS UNCHANGED: That all other provisions of said I Agreement shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. YMCA OF GREATER SEATTLE CITY OF AUBURN By: / _ By: o Its: Sv P Mayor Attest: By. City Clerk Approved as to form: City Attorney