HomeMy WebLinkAbout12/04/2018 06G Case Management Services Agreement with People for People; Yakima Community Diversion ProgramBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 6.G.
For Meeting of: December 4, 2018
ITEM TITLE: Resolution authorizing an agreement with People for People to
perform assessment and case management services for the City of
Yakima Community Diversion Program through December 2019
SUBMITTED BY: Cynthia I. Martinez, SeniorAssistant City Attorney
SUMMARY EXPLANATION:
Fully implemented in 2016, 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, community and treatment organizations, the
Community Diversion Program endeavors to hold defendants accountable, address factors
impacting defendants' criminal behavior, improve the quality of life in the neighborhood, address
victim needs and increase public confidence in the local criminal justice system. Community
Diversion is part of a growing movement to address the root cause of so called quality of life
crimes that are committed by chronic offenders.
The Community Diversion Program is a Legal Department initiative administered by the
Prosecution Division. Most participants have suffered childhood trauma and have substance
abuse issues. A review of past participants indicates a decrease in crime recidivism regardless
of program completion. To date, 22 individuals have successfully completed and graduated from
the Community Diversion Program.
The Community Diversion Program Implementation Services Agreement submitted for your
approval is a contract renewal with People for People. The Community Diversion Program is
held at the Seasons Performance Hall and People for People provides assessment and case
management services. The Agreement is needed to continue the Community Diversion Program
in its current format through 2019.
ITEM BUDGETED:
STRATEGIC PRIORITY:
Yes
Public Safety
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
Resdution-COY & People for People 2019 Services
Agreement
COY & People for People -2019 Community Dk.ersion
Implementation Snz Agmt
Upload Date
11/16/2018
11/16/2018
Type
Resolution
ac
2
A RESOLUTION
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RESOLUTION NO. R -2018 -
authorizing an Agreement with People for People to perform assessment
and case management services for the City of Yakima Community
Diversion Program through December 2019.
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, it has been providing these services since the
inception of the Community Diversion Program; and
WHEREAS, the City Council finds it to be in the best interests of the City of Yakima to
enter into the attached Agreement with People for People to continue to support the Community
Diversion Program; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached Community Diversion
Program Implementation Services Agreement between the City of Yakima and People for People.
ADOPTED BY THE CITY COUNCIL this 4th day of December, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
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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 2019 and this contract amount is consistent with the 2019 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. Scope of Services. The CONTRACTOR agrees to perform these services and work
for the CITY in accordance with and as described in the following:
A. 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 Agreement. The term of this agreement shall be deemed to commence January
1, 2019 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, 2019 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.).
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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 $38.25 an hour, but not to exceed $ 39,782 for the year. The City
will also pay for incidental costs (Travel, communications, insurance, supplies, and
facility) not to exceed $4,037 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. Independent 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.
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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. Insurance. At all times during performance of the Services, CONTRACTOR shall secure
and maintain in effect insurance to protect the CITY and CONTRACTOR from and against all
claims, damages, losses, and expenses arising out of or resulting from the performance of this
Contract. CONTRACTOR shall provide and maintain in force insurance in limits no less than
that stated below, as applicable. CITY reserves the right to require higher limits should it deem
it necessary in the best interest of the public.
A. General Commercial Liability Insurance. Before this Contract is fully executed by the
parties, CONTRACTOR shall provide the CITY with a certificate of insurance as proof
of liability insurance and umbrella liability insurance with a total minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The
certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be
in effect for the duration of this Contract. The policy shall name the CITY, its elected
officials, officers, agents, employees, and volunteers as additional insureds, and shall
contain a clause that the CONTRACTOR will not cancel or change the insurance without
first giving the CITY prior written notice. The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide and admitted in the State
of Washington.
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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, 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
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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
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
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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 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
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CONTRACTOR for audit by the State of Washington (including but not limited to CITY,
the Auditor of the State of Washington, the Inspector General or duly authorized law
enforcement officials) and agencies of the United States government for a minimum of
three years after payment for work performed under this agreement. If an audit,
litigation, or other action is initiated during this time period, the CONTRACTOR shall
retain such records until the action is concluded and all issues resolved or the three
years end, whichever is later.
9. Rights in Deliverables, Data and 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.
11. Breach or Default.
A. Differences between the CONTRACTOR and the CITY, arising under and by virtue of
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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 Workplace. The CONTRACTOR shall comply with all applicable state and
federal rules, regulations and statutes pertaining to a drug free workplace. The CONTRACTOR
shall make a good faith effort to ensure that all employees of the CONTRACTOR do not
purchase, transfer, use or possess either legal or illegal drugs or alcohol or abuse prescription
drugs in any way while working on state, county, or municipal property.
15. Construction. This agreement shall be governed, construed and enforced in accordance
with the laws of the State of Washington. Should any portion of this agreement be found
unenforceable by operation of statute or by administrative or judicial decision, the enforceability
of the balance of this agreement shall not be affected thereby, provided that the absence of the
unenforceable provision does not render the performance of the remainder of the agreement
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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
City of Yakima
129 North Second Street
Yakima, WA 98901
In case of CONTRACTOR, to:
And to: 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 agreemento the above.
CITY OF YAKIMA
PEOPLE FOR PEOPLE
By: By:
Cliff Moore, City Manager Madelyn Carl
, Executive Director
DATE: DATE: //
ATTEST:
By:
City Clerk
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