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HomeMy WebLinkAboutR-2017-152 Community Diversion Program Facility Rental and Professional Services AgreementsRESOLUTION NO. R-2017-152 RESOLUTION authorizing a facility rental agreement and a professional services agreement for continuing the Community Diversion Program through December 2018 WHEREAS, in December of 2015, the Yakima City Council approved the implementation and operation of a City of Yakima Community Diversion Program, and WHEREAS, the City of Yakima Community Diversion Program is designed to address low level crimes committed by repeat offenders that are affecting the quality of life of the community by using a combination of offender needs assessment, on-site wrap around social services and case monitoring, the Community Diversion Program operates with the goal of assisting the offenders with getting the services they need to put their lives back on track and break the cycle of offense, and WHEREAS, People for People, a Washington State non-profit corporation with offices located in the City of Yakima, is experienced in performing assessments and providing services to help individuals navigate obstacles to work, is has been providing these services since the inception of the Community Diversion Program; and WHEREAS, the Seasons Performance Hall located at 101 North Naches Avenue, in Yakima, Washington, is easily accessible to participants and close to service providers in the Downtown area of the City of Yakima and has the space to host the Community Diversion Program, and WHEREAS, the Seasons Music Festival and People for People desire to enter into the Agreements to continue to support the Community Diversion Program; and WHEREAS, the City Council finds it to be in the best interest of the City to direct the City Manager to execute the attached Community Diversion Program Implementation Professional Services Agreement Between the City of Yakima and People for People, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes and directs the City Manager to execute the attached Community Diversion Program Implementation Professional Services Agreement between the City of Yakima and People for People and the Facilities Rental Agreement between the City of Yakima and the Seasons Music Festival for 2018 ADOPTED BY THE CITY COUNCIL this 12th day of Decem.er, 2017 ATTEST Th Sonya CI - ar Tee, City Clerk APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date • resdution 12/6/2017 • The Seasons - Facility Rental Agreement 11/27/2017 • People for People - Professional Services Agreement 11/27/2017 City Manager Type Cover Memo Contract Contract 2 FACILITIES RENTAL AGREEMENT This Facilities Rental Agreement ("Agreement"), is entered into December 5, 2017, by and between the City of Yakima, Washington, a Municipal Corporation with its principal office at 129 North Second Street, Yakima, Washington 98901 ("Lessee") and The Seasons Music Festival, located at 101 North Naches Avenue, Yakima, Washington 98901 ("Lessor"). The parties hereto, intending to be legally bound, and in consideration of the mutual covenants hereinafter contained, agree as follows: 1. Grant. Lessor, on the dates and times set forth herein, and subject to the terms and conditions of this Agreement, hereby grants to Lessee a license to use The Seasons Performance Hall Facility, equipment (tables and chairs), Wi-Fi and limited storage ("Facility") for the Community Diversion Program ("Event") to be held on the second and fourth Tuesdays of each month beginning January of 2018 and through December 2018. 2. Date/Times of Permitted Use. Access to the Facility for the Event will commence at 8.00 AM on the date of the Event and will end at 3:00 PM. 3. Monthly Rent. Lessee shall pay to Lessor the sum of $750.00 a month for the use by Lessee of the Facility, or a total of $9,000.00 for the year of 2018. The Lessor shall invoice the Lessee at the provided contact address for the installment of rent, and the Lessee shall pay the invoice within 20 days of receipt, unless the agreement is terminated as provided in paragraph 8. 4. Insurance. Lessee agrees that it shall, at its sole cost and expense, procure and maintain a policy of commercial general liability insurance (including contractual liability) in an amount not less than $1,000,000.00 per occurrence, $3,000,000.00 in the annual aggregate. Such insurance policies shall be carried with companies licensed to do business in the state, reasonably satisfactory to Lessor and shall be non -cancelable and not subject to material change except after thirty (30) days written notice to Lessor Lessee shall deliver to Lessor duly executed certificates of insurance upon request. Lessor shall not at any time be liable for damage or injury to persons or property in or upon the Facility. Facilities Rental Agreement between the City of Yakima and The Seasons Music Festival Page 1 of 4 5. Indemnification. A. The Lessee agrees to defend, indemnify, and hold harmless the lessor, its officials, officers, employees and agents from any and all suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees, which result or arise out of the sole negligent acts or omissions, if any, of the Lessee, its officials, officers, employees or agents Lessee hereby releases Lessor from any and all liability or responsibility to Lessee or anyone claiming through or under Lessee by way of subrogation or otherwise for any loss or damage to equipment or property of Lessee covered by any insurance then in force B. The Lessee agrees to defend, indemnify, and hold harmless the City of Yakima, its officials, officers, employees and agents from any and all suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees, which result or arise out of the sole negligent acts or omissions, if any, of the Lessee, its officials, officers, employees or agents C. If any suits, judgments, actions, claims or demands arise out of or in connection with the negligent acts and/or omissions of both the Lessee and the Lessor or their officials, officers, employees or agents pursuant to this Agreement, each party shall be liable for its proportionate share of negligence for any resulting suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees D The terms of the section shall survive any expiration or termination of this Agreement. E Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6. "As -Is" Condition. Lessee agrees to accept the Facility in its "as -is" condition "with all faults". 7. Assignment and Sublicensinq. Lessee shall not assign any interest in this License Agreement or otherwise transfer or sublicense the Facility or any part thereof or permit the use of the Facility to any party other than Lessee. 8. Cancellation and Termination. A. Lessee or Lessor may cancel this Agreement at any time by providing 90 days written notice of intent to terminate the agreement. Lessee will have access to the facility and be responsible for the rental fees during the 90 day period following notice of cancellation Facilities Rental Agreement between the City of Yakima and The Seasons Music Festival Page 2 of 4 B. Lessor may terminate this Agreement based upon any one or more of the following events. 1. Failure of Lessee to pay the Rental Fee or any other charges due hereunder when the same is due. 2. Lessee fails to perform any of its covenants hereunder In any of the aforesaid events, and in addition to any and all rights and remedies available to Lessor by law or in equity, Lessor may, with or without further notice, forthwith terminate this Agreement and expel and remove Lessee, or any other person or persons in occupancy from the Facility, together with their goods and chattels, using such force as may be necessary in the judgment of Lessor or its agents in so doing, without evidence of notice or resort to legal process or becoming liable for any loss of damage which may be occasioned thereby, and repossess and enjoy said Facility, and in addition to any other remedy it may have, Lessor may recover from Lessee all damages it may incur by reason of such breach by Lessee 9. Interference. Lessee shall use the Facility in a manner which shall not cause interference with the use or occupancy of the other portions of the Building by Lessor or others in any way. Lessee's use hereunder will be done in such a manner so as not to interfere with or impose any additional expense upon Lessor in maintaining the Building. 10. Restoration. If any damage occurs to the Facility, or if any repairs or replacements needs to be made to the Facility as a result of Lessee's exercise of its rights under this License, Lessee shall pay Lessor for any such damage, repairs, or replacements upon demand by Lessor. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within the State of Washington. 12. Contact Information City of Yakima Attn. Cynthia Martinez 200 S Third Street Yakima, WA 98901 Facilities Rental Agreement between the City of Yakima and The Seasons Music Festival Page 3 of 4 Seasons Performance Hall Attn Jason Kildall 101 North Naches Avenue Yakima, WA 98901 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF YAKIMA Lessee litArA By: Cliff Moo , City Manager City of Yakima Date: 0, t-7 ATTEST - 1,1 egm Sonya CIA Tee, City Clerk City Contract No. .20r? ? - 20/ THE SEASONtS'M11SIC FESTIVAL Lessor By: Jasc E k,ildll, Director Seasons F erformanoe Hall mate:•,.////�/// 7 Resolution No. Facilities Rental Agreement between the City of Yakima and The Seasons Music Festival Page 4 of 4 COMMUNITY DIVERSION PROGRAM IMPLEMENTATION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND PEOPLE FOR PEOPLE This AGREEMENT is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation, located at 129 North 2nd Street, Yakima, WA 98901 (hereinafter referred to as CITY), and PEOPLE FOR PEOPLE, a non-profit corporation, located at 304 West Lincoln Avenue, Yakima, WA 98902 (hereinafter referred to as CONTRACTOR). WHEREAS, in December 2015, the Yakima City Council voted to direct staff to implement a Community Diversion Program, a Diversion Program designed to address low level crime being committed by repeat offenders that affect the quality of life in the community; and WHEREAS, PEOPLE FOR PEOPLE, a Washington State non-profit corporation, experienced in performing assessments and providing work skills programming has been providing case management and support services for the Community Diversion Program; and WHEREAS, The Yakima City Council has approved a budget that funds the Community Diversion Program through 2018 and this contract amount is consistent with the 2018 adopted budget; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and PEOPLE FOR PEOPLE as follows: 1. Scoae of Services. The CONTRACTOR agrees to perform these services and work for the CITY in accordance with and as described in the following: A. Attached statement of work, exhibit A; and B. Regularly communicate with the City of Yakima Community Diversion Director to assure mutual understanding of the work to be performed and the satisfactory completion thereof. E. Attend each Community Diversion Session and any pre -meetings needed to prepare for the Community Diversion Session. 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 Aareement. The term of this agreement shall be deemed to commence January 1, 2018 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, 2018 unless terminated earlier by either party 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.). Community Diversion Program City of Yakima and People to People - Page 1 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 this contract the CITY will pay for the actual time and effort of the employee fulfilling the agreement at a rate of $37.14 an hour, but not to exceed $ 38,623. for the year. The City will also pay for incidental costs (Travel, communications, insurance, supplies, and facility) not to exceed $4,506. for the year. B. The 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. C. Invoice shall be sent to: City of Yakima Legal Department, ATTN: Cynthia Martinez, 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. 4. Jndeoendent Contractor. 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 plans, 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. Community Diversion Program City of Yakima and People to People - Page 2 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. 5. Hold Harmless. A. CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, and their 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 all 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. 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. Jnsurance. 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. 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 Community Diversion Program City of Yakima and People to People - Page 3 Best's Guide and admitted in the State of Washington. B. Automobile Liability Insurance. i. If CONTRACTOR owns any vehicles, before this Contract is fully executed by the parties, CONTRACTOR shall 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" will 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 "General 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 ($2,000,000.00) 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 -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 two years after the completion of this contract. D. 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. 7. Conflict of Interest and Ethics Laws. 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, Community Diversion Program City of Yakima and People to People - Page 4 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, gender, 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. 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: A. 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 Community Diversion Program City of Yakima and People to People - Page 5 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 notify 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 shall 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. 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 Community Diversion Program City of Yakima and People to People - Page 6 nature of any information to be provided. E. 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. Riahts in Deliverables. Data and Copyrights. 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 code, 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. 10. Suspension and Termination. 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 10.A, the CONTRACTOR, shall take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report, as of the date of receipt of notice of suspension or termination describing the 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 1OA and the rights of the parties shall be determined accordingly. Community Diversion Program City of Yakima and People to People - Page 7 11. Breach or Default. 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 in nature. When a new or different term or condition is added, additional consideration is not necessary to bind the parties. 13. Assignment. 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 Workalace. 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. Community Diversion Program City of Yakima and People to People - Page 8 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. Written 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 to: City of Yakima 129 North Second Street Yakima, WA 98901 In case of CONTRACTOR, to: And City Prosecutor City of Yakima Legal Department 200 South Third Street Yakima, WA 98901 Madelyn Carlson, Executive Director 304 West Lincoln Avenue Yakima, WA 98902 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. IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the above. CITY OF YAKIMA By: Cliff Moore, ity Manager DATE:l 7 ATTEST: By: KIR PEOPLE FOR PEOPLE By: �► / �a�1 Madelyn Caron, Executive Director DATE: //' City Clerk Community Diversion Program City of Yakima and People to People - Page 9 (20 /7 -200 CITY CONTRACT NO:® RESOLUTION NO: gLL" 7 LS 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.D. For Meeting of: December 12, 2017 ITEM TITLE: Resolution authorizing a facility rental agreement and a professional services agreement for continuing the Community Diversion Program through December 2018 SUBMITTED BY: Cynthia Martinez, Senior Assistant City Attorney SUMMARY EXPLANATION: The Community Diversion Program utilizes a collaborative, problem solving approach to crime designed to address recurring low level crime that is of concern to the community. Through partnerships with government and community organizations, the Community Diversion Program endeavors to hold defendants accountable, address factors impacting defendants' criminal behavior, address victim needs and increase public confidence in the local criminal justice system. Merit Treatment Services, Triumph Treatment Services, Comprehensive Healthcare, Neighborhood Health, and DSHS have been our community partners since the inception of the program. These partners participate in the program at no cost to the City and provide invaluable expertise. People for People also provide a course to help participants transition back to work. Since its inception in August 2015, the Program has served 47 participants. Of the 47, five participants have graduated from the program and four are expected to graduate in December. The graduations are held in the Municipal Court and very emotional for all involved. There are currently 15 participants active with the program. None of the graduates have reoffended, and although many of the participants fail to complete the program, we still note a reduction in the number of police contacts in about half of the past participants. The attached contracts for Council's consideration would allow the program to continue at the Seasons Performance Hall with People for People providing assessment and case management services through 2018. The attached Facilities Rental Agreement for the Seasons Performance Hall will secure the facility at a cost of $9,000, and will engage People for People for time, effort, and supplies not to exceed $43,129. ITEM BUDGETED: STRATEGIC PRIORITY: Yes Public Safety City of Yakima Community Diversion Program People For People Service Proposal January 1, 2018 — December 30, 2018 Service Proposal PEOPLE FOR PEOPLE People For People to t•nue toprovide Assessor/Case Management services to People For People (PFP) proposes continue Assessor/Case �o--•••-••_ eligible participants of the City of Yakima Community Diversion Program. The Assessor/Case Manager plays a critical role in providing screening assessments, assessing and addressing barriers, setting and achieving goals and helping participants navigate the services they need to get their lives back on track. As a local provider of employment and training programs, People For People's Assessor/Case Manager will assist each participant to prepare them for entry into one of the employment and training services as appropriate. Programs can include GED and skill training services, paid work experience and other activities necessary for participants to achieve successful employment and continued economic mobility. The budget includes .5 case management FTE and support as well as the allocated non -personnel expenses associated with staffing. We are excited to continue to be a part of this program working within the vision established to reduce recidivism and to help participants achieve the reality of success. PFP Projected Costs: Wage and Fringe: $ 38,623 (salaries, fringe, supervision and indirect Finance, IT and Admin) Non -personnel $ 4,506 (Travel, communications, insurance, supplies, facility.) Total Projected Cost $43,129 1 People For People Service Proposal Scope of Work: o Provide initial screening, assessment, employment, and training related counseling and support to eligible participants. o Work with participants to set goals and prepare the Participant Goal Statement o Provide counseling for barrier removal o Provide information referral and system navigation to link participants to additional services necessary to address barriers and support skills development. o Provide group counseling and instruction for pre-employment skills as appropriate. o Tracks and monitors participant progress o Provide job placement assistance o Act as a liaison between court and participant to communicate plan, compliance and progress. o Participate as part of the Community Diversion Team and with partners to support continuous quality improvement. 2