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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.1.
For Meeting of: December 11, 2018
ITEM TITLE: Resolution authorizing an Agreement with the YWCA to continue to
provide services as a Domestic Violence Victims'Advocate
SUBMITTED BY: Aaron Reiman,Assistant City Attorney
SUMMARY EXPLANATION:
Victims of domestic violence within the City of Yakima in misdemeanor cases currently receive
counseling, legal advocacy, and shelter services from the YWCA. The City of Yakima currently
pays for these services through a Twenty-Four Thousand Dollar($24,000)grant. The subject
contract with the YWCA has been updated for 2019 to reflect current laws and to reflect the
change in the YWCA Executive Director. This updated contract sets forth the terms to continue
the existing domestic violence advocacy program subject to and conditioned upon receipt and
award of the grant funding.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR yr SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
esolution-pity A 2019 mastic Violence 11/3 /2013 E e c lutican
Ad ate A r ent
pity Y V Ad ate Agr meat 1213/201 ntract
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RESOLUTION NO. R-2018-
A RESOLUTION authorizing an Agreement with the YWCA to continue to provide services
as a Domestic Violence Victims' Advocate in accordance with the specific
terms and conditions set forth in said Agreement.
WHEREAS, victims of domestic violence within the City of Yakima in misdemeanor cases
receive readily available counseling services and legal advocacy services from the YWCA that
would otherwise be unavailable to them; and
WHEREAS, the YWCA has the experience and expertise necessary to hire, supervise,
and train qualified advocates for domestic violence victims, and agrees to perform these services
for the City under the terms and conditions set forth in the attached Agreement; and,
WHEREAS, funding to pay for these services to continue the existing domestic violence
advocacy program will be made available through a grant in the amount of Twenty-Four Thousand
Dollars ($24,000); and
WHEREAS, it is in the best interest of the City to contract to utilize the experience and
expertise of the YWCA according to the terms and conditions of the attached Agreement; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached and incorporated City of
Yakima Domestic Violence Advocate Agreement with YWCA effective January 1, 2019 through
December 31, 2019, which shall automatically renew, on a year-to-year basis, upon the same
terms and conditions, subject to the provisions in section 29 of the Agreement, for the purpose of
continuing the existing domestic violence advocate program with available grant funding.
ADOPTED BY THE CITY COUNCIL this 11th day of December, 2018.
Kathy Coffey, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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For City of Yakima Use Only: AGREEMENT
Contract No. BETWEEN
Project No.
Resolution No. CITY OF YAKIMA, WASHINGTON
SOO No.
AND
YWCA
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 11th day of December 2018, by and between
the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and the YWCA, a private
non-profit agency, with its principal office at 818 W. Yakima Avenue, Yakima, WA 98901
hereinafter referred to as "PROVIDER." PROVIDER will provide counseling, legal advocacy, and
shelter services to victims of domestic violence in misdemeanor cases occurring within the City
of Yakima under this Agreement, hereinafter referred to as "SERVICES" or "DOMESTIC
VIOLENCE ADVOCACY SERVICES."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain PROVIDER to provide services described in this Agreement;
and
WHEREAS, PROVIDER represents that it has available personnel with knowledge and
experience necessary to satisfactorily accomplish the work described herein and that it has no
conflicts of interest prohibited by law from entering into or performing this Agreement;
NOW, THEREFORE, CITY and PROVIDER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.1 PROVIDER shall, contingent upon receipt of grant funds, hire and train domestic violence
advocates to provide legal advocacy and victim advocacy based on the standards of
counseling to victims of domestic violence in WAC 388-61A. The advocate shall provide
the following services:
2.1.1 Contact victims of domestic violence (whose names shall be provided by the
Yakima Police Department) within 72 hours of the initial police contact, for the
purpose of offering the services listed in this Section. The PROVIDER agrees to
contact the Yakima Police Department daily to receive an updated list of victims to
contact.
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2.1.2 Provide direct crisis counseling to resident clients, individually or in groups; secure
the confidence of clients; assess and evaluate needs and depth of trauma;
structure counseling to best meet client needs; provide referral to further
counseling or help as needed; report to Child Protective Services as necessary.
2.1.3 Conduct a variety of education and training for shelter residents, such as parenting
skills, domestic violence, and sexual abuse issues.
2.1.4 Facilitate support groups and group meetings.
2.1.5 Maintain accurate case files, records, and documentation; maintain accurate
statistics; prepare reports and correspondence as required.
2.1.6 Protect confidentiality of shelter and non-resident clients at all times.
2.1.7 Develop local social service resources for appropriate referrals.
2.1.8 Serve as liaison for victims in areas of law enforcement and criminal justice to'.
ensure clients receive fair and equitable treatment throughout the system; assist
clients in securing protection orders; provide translation and support services;
effectively inform clients that information disclosed during a criminal or
administrative investigation is subject to public disclosure laws.
2.1.9 Provide emotional support to clients during crisis periods; discuss options and
choices with assigned caseload of clients; schedule workday to meet the needs of
clients.
2.1.10 Advocate for legal and resource needs of clients; appear in court as necessary to
support clients.
2.1.11 Maintain a copy of the City of Yakima Officer Involved Domestic Violence Policy
for the reference of domestic violence advocates working under this Agreement.
2.1.12 Provide a dedicated telephone number to serve as a crisis hotline/helpline to allow
victims to access a trained staff person and the services of the domestic violence
agency twenty-four hours a day, three hundred sixty-five days a year.
2.2 Advocate Training. Domestic violence advocates working under this Agreement shall
receive at least twenty hours of initial basic training and ongoing training annually related
to legal advocacy and the provision of services to domestic violence clients as described
in WAC 388-61A-1080. Staff providing supportive services and staff supervisors must
obtain an annual minimum of thirty hours of continuing education training beginning in
their second year with the PROVIDER. This must include a minimum of fifteen hours of
training on advocacy that is directly related to serving the victims of domestic violence and
their children and a minimum of five hours of training on providing services and advocacy
to individuals from marginalized populations. Not more than ten of the thirty hours of
continuing education training can be obtained from video, audio, or similar self-study
methods.
2.2.1 All initial and continuing training received by staff and supervisors must be
recorded in a training log as described in WAC 388-61A-1085. A supervisor of staff
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providing services under this Agreement shall at a minimum possess at least two
years of experience providing advocacy to victims of domestic violence within a
domestic violence agency and a minimum of fifty hours of training on domestic
violence issues and advocacy within three years prior to being hired as a
supervisor as described in WAC 388-61A-1090.
2.3 Confidentiality. All agents of the PROVIDER must maintain the confidentiality of all
personally identifying client information, confidential client communications, and all client
information identified as confidential under WAC 388-61A-1060. Only confidential
information allowed under WAC 388-61A-1065 may be disclosed to the appropriate
parties. Waivers of confidentiality are appropriate as stipulated in WAC 388-61A-1070.
2.4 Supportive Services. The PROVIDER must utilize a survivor-centered and empowerment
service model that promotes safety for all victims of intimate partner violence and their
dependent children, as described in WAC 388-61A-1015.
2.5 Advocate Primarily for Misdemeanor Violations. Whereas the CITY receives the grant
funding, and whereas, victims in Yakima Municipal Court do not have any resources
available to them, other than the services currently provided by the PROVIDER, the
parties intend that the advocates will primarily, but not solely, serve victims of domestic
violence in Yakima Municipal Court cases. Additionally, the parties recognize that victims
of abuse in Yakima County Superior and District Courts are presently entitled to use the
services of the Victim Witness Unit at the Yakima County Prosecuting Attorney's Office
for their counseling and legal advocacy needs.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 Police Duties. As permitted by RCW 10.97.050, the Yakima Police Department agrees to
provide the name, telephone number, address, and case number (victim information) to
the PROVIDER's 72-Hour Response Program("Program")through its advocate, a position
established for the purpose of providing assistance to victims of domestic violence within
the City of Yakima.
This victim information is given to the PROVIDER's 72-Hour Response Program
to enable them to offer and provide assistance to victims of domestic violence early in the
cycle of violence. This assistance will be in the form of education about domestic violence,
advocacy, counseling, and information about resources for victims of domestic violence.
Victim information may be provided by the Yakima Police Department to the
PROVIDER's 72-Hour Response Program in either verbal or written form and will be
provided pursuant to the PROVIDER's 72-Hour Program request that indicates that an
authorized and approved Program worker is available to receive the information. The
victim information will be considered confidential by the PROVIDER's 72-Hour Response
Program and its personnel, will be securely stored by the Program so as to prevent
unauthorized access or use, and will be used by the Program only for the purposes
described in Subsection 2.1.1 of this Agreement.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants PROVIDER specific authorization to proceed with
the work described herein. The term of this Agreement shall be from January 1, 2019 to
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December 31, 2019.
4.2 Monthly Report. The PROVIDER shall compile statistics on a monthly basis showing the
total number of victims served and case dispositions for all victims served by the advocate.
This information shall be provided to the City Prosecutor and to the Yakima Police
Department for use in determining whether to apply for grant funding when the current
grant funding expires.
SECTION 5 COMPENSATION
5.1 Payments. Subject to receipt of grant funding, compensation to the PROVIDER shall be
payable monthly upon proper voucher for salary and expenses as outlined herein.
Vouchers shall be submitted by the PROVIDER and received by the Director of Finance
and Budget at City Hall, Yakima, Washington. Any amounts owing beyond payments
already made by the CITY for the current Agreement period up to the date of the
Agreement, shall be paid as per the previous Agreement's terms upon execution of the
Agreement by all parties.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
Agreement shall not exceed Twenty-Four Thousand Dollars ($24,000).
5.3 Payment in the Event of Termination. In the event that either party terminates this
Agreement under Section Fifteen (15), PROVIDER shall be compensated in accordance
with the above terms for all satisfactory services provided to the CITY under this
Agreement up to the effective termination date.
5.4 Use. Grant funding shall be dispersed and utilized only as permitted and authorized by
the terms of the grant.
5.5 Taxes and Assessments. PROVIDER shall be solely responsible for compensating its
employees and for paying all related taxes, deductions, and assessments, including but
not limited to, federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement.
SECTION 6 RESPONSIBILITY OF PROVIDER
6.1 Compliance With Law. The PROVIDER agrees to perform all work/services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local, or otherwise.
6.2 Independent Contractor. The parties understand and expressly agree that the PROVIDER
is an independent contractor with the responsibility and authority to control and direct the
performance of the details of the work/services described herein, in accordance with the
terms and conditions of this Agreement. The implementation of agreed activities and the
results to be achieved are solely the responsibility of the PROVIDER. No employee, agent,
servant, or representative of the PROVIDER shall be deemed to be an employee, agent,
servant, or representative of the CITY for any purpose, and the employees, agents,
subcontractors, or representatives of the PROVIDER shall make no claim of CITY
employment nor shall they claim against the CITY any related employment benefits, social
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security, and/or retirement benefits. Nothing contained herein shall be interpreted as
creating a relationship of servant, employee, partnership, or agency between the
PROVIDER and the CITY. The PROVIDER will be solely and entirely responsible for the
acts of its agents, employees, subcontractors, or otherwise, during the performance of this
agreement.
6.3 INDEMNIFICATION AND HOLD HARMLESS
PROVIDER agrees to defend, indemnify, and hold harmless the CITY, its elected officials,
agents, officers, employees, agents and volunteers (hereinafter "parties protected") from
(1) claims, demands, liens, lawsuits, administrative and other proceedings, (including
reasonable costs and attorney's fees) and (2) judgments, awards, losses, liabilities,
damages, penalties, fines, costs and expenses of any kind claimed by third parties arising
out of, or related to any death, injury, damage or destruction to any person or any property
to the extent caused by any negligent act, action, default, error or omission or willful
misconduct arising out of the PROVIDER'S performance under this Agreement. In the
event that any lien is placed upon the CITY'S property or any of the CITY'S officers,
employees or agents as a result of the negligence or willful misconduct of the PROVIDER,
the PROVIDER shall at once cause the same to be dissolved and discharged by giving
bond or otherwise.
6.3.1 CITY agrees to indemnify and hold the PROVIDER harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss,
cost, or expense resulting from injuries to persons or damages to property, caused
solely by the negligence or willful misconduct of the CITY, its employees, or agents
in connection with the service.
6.3.2 If the negligence or willful misconduct of both the PROVIDER and the CITY (or a
person identified above for whom each is liable) is a cause of such third party
claim, the loss, cost, or expense shall be shared between the PROVIDER and the
CITY in proportion to their relative degrees of negligence or willful misconduct and
the right of indemnity will apply for such proportion.
6.3.3 Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
6.4 In any and all claims by an employee of the PROVIDER, any subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may
be liable, the indemnification obligations under this Agreement shall not be limited in any
way by any limitation on the amount or types of damages, compensation, or benefits
payable by or for the PROVIDER or a subcontractor under worker's compensation acts,
disability benefit acts, or other employee benefit acts.
SECTION 7 AUDIT AND ACCESS TO RECORDS
7.1 Public Records Act. The CITY is required by law to comply with the Washington State
Public Records Act (hereinafter referred to as the "PRA"), Chapter 42.56 RCW. However,
pursuant to RCW 42.56.370, client records maintained by an agency that is a domestic violence
program are generally exempt from disclosure, except where required by law. Where records
may be subject to disclosure, the PROVIDER shall observe the following terms:
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7.1.1 All records relating to the PROVIDER's services must be made available to the
CITY, and also produced to third parties, if required pursuant to the Washington
Public Records Act, Chapter 42.56 RCW or by law.
7.1.2 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.
7.1.3 To the extent that public records then in the custody of the PROVIDER are needed
for the CITY to respond to a request under the PRA, as determined by the CITY,
the PROVIDER agrees to make them promptly available to the CITY.
7.1.4 If the PROVIDER considers any portion of any records provided to the CITY under
this agreement whether in electronic or hard copy form, to be protected from
disclosure under law, the PROVIDER shall clearly identify any specific information
that it claims to be confidential or proprietary.
7.1.5 If the CITY receives a request under the PRA to inspect or copy the information
so identified by the PROVIDER and the CITY determines that release of the
information is required by the Public Records Act or otherwise appropriate, the
CITY's sole obligations shall be to notify the PROVIDER (a) of the request and (b)
of the date that such information will be released to the requester unless the
PROVIDER obtains a court order to enjoin that disclosure pursuant to RCW
42.56.450. If the PROVIDER fails to timely obtain a court order enjoining
disclosure, the CITY will release the requested information on the date specified.
7.1.6 The CITY has, and by this section assumes, no obligation on behalf of the
PROVIDER to claim any exemption for disclosure under the Public Records Act.
The CITY shall not be liable to the PROVIDER for releasing records not clearly
identified by the PROVIDER as confidential or proprietary. The CITY shall not be
liable to the PROVIDER for any records that the CITY releases in compliance with
the Public Records Act, this section, or in compliance with an order of a court of
competent jurisdiction.
7.1.7 All CITY information, which under the laws of the State of Washington, is
classified as public or private, will be treated as such by the PROVIDER. Where
there is a question as to whether information is public or private, the CITY shall
make the final determination. The PROVIDER shall not use any information,
systems, or records made available to it for any purpose other than to fulfill the
agreement duties specified herein.
7.2 Records Retention
7.2.1 The PROVIDER shall retain and provide the CITY access to (and the CITY shall
have the right to examine, audit, and copy) all of the PROVIDER's books, papers,
and records which are related to the services performed by the PROVIDER under
this agreement. The PROVIDER shall retain these records for six (6) years after
the last activity or for a longer period if required by the Washington State Local
Government Common Records Retention Schedule ("CORE") of the Office of the
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Secretary of State, Washington State Archives. The PROVIDER shall promptly
furnish the CITY with such information and records which are related to the
services of this agreement as may be requested by the CITY.
7.2.2 All records relating to costs, work performed and supporting documentation for
invoices submitted to the CITY by the PROVIDER shall be retained and made
available by the PROVIDER for audit by the State of Washington (including but
not limited to the CITY, the Auditor of the State of Washington, the Inspector
General or duly authorized law enforcement officials) and agencies of the United
States government for a minimum of three (3) years after payment for work
performed under this agreement. If an audit, litigation, or other action is initiated
during this time period, the PROVIDER shall retain such records until the action
is concluded and all issues resolved or the three years end, whichever is later.
7.2.3 Maintenance of Financial Records/Documents. When requested to do so by the
CITY representative, PROVIDER shall make the cost records, accounts, and
related financial documents pertaining to this Agreement available for inspection
by CITY representatives during the term of this Agreement and for a period of
three (3) years following the final payment to the PROVIDER by the CITY. In the
event that any audit or inspection identifies any discrepancy in such financial
records, the PROVIDER shall provide the CITY with appropriate clarification
and/or financial adjustments within thirty (30) calendar days of notification of the
discrepancy.
SECTION 8 INSURANCE
8.1 At all times during performance of this Agreement, the PROVIDER shall secure and
maintain in effect insurance to protect the CITY from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this
Agreement. The PROVIDER shall provide and maintain in force insurance in limits no less
than that stated below, as applicable. The CITY reserves the right to require higher limits
should it deem it necessary in the best interest of the public.
8.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed
by the parties, The PROVIDER shall provide the CITY with a certificate of
insurance as proof of commercial liability insurance and commercial umbrella
liability insurance with a total minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate (per
project). The policy shall include employer's liability (Washington Stop Gap). The
certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy
shall be in effect for the duration of this Agreement. The policy shall name the
CITY, its elected officials, officers, agents, employees, and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving the CITY prior written notice. The insurance shall be
with an insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington.
8.1.2 Commercial Automobile Liability Insurance. Before this Agreement is fully
executed by the parties, The PROVIDER shall provide the CITY with a certificate
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of insurance as proof of commercial automobile liability insurance and commercial
umbrella liability insurance with a total minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence combined single limit bodily injury and property
damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
8.1.2.1 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 Agreement. The policy shall name the CITY, its elected
officials, officers, agents, employees, and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or
change the insurance without first giving the CITY prior written notice. The
insurance shall be with an insurance company or companies rated A-VII or
higher in Best's Guide and admitted in the State of Washington.
8.1.3 Directors and Officers. Before this Agreement is fully executed by the parties, the
Provider shall provide the CITY with a certificate of insurance as evidence of
Directors and Officers Liability Insurance with coverage of at least One Million
Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least
One Million Dollars ($1,000,000.00). The certificate shall clearly state who the
provider is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect. The insurance shall be with an insurance
company rated A-VII or higher in Best's Guide. If the policy is on a claims-made
basis, the retroactive date of the insurance policy shall be on or before the
inception date of the Agreement, or shall provide full prior acts. The insurance
coverage shall remain in effect during the term of this Agreement and for a
minimum of three (3) years following the termination of this Agreement.
8.1.4 Professional Liability Coverage. Before this Agreement is fully executed by the
parties, the PROVIDER shall provide the CITY with a certificate of insurance as
proof of professional liability coverage with a total minimum liability limit of One
Million Dollars ($1,000,000.00) per claim combined single limit bodily injury and
property damage, and One Million Dollars ($1,000,000.00) aggregate. The policy
will include sexual abuse/molestation coverage. The certificate shall clearly state
who the provider is, the coverage amount, the policy number, and when the policy
and provisions provided are in effect. Said policy shall be in effect for the duration
of this Agreement. The policy shall contain a clause that the insurer will not cancel
or change the insurance without first giving the CITY prior written notice. The
insurance shall be with an insurance company or companies rated A-VII or higher
in Best's Guide. If the policy is written on a claims-made basis the coverage will
continue in force for an additional three (3) years after the completion of this
Agreement.
SECTION 9 DELEGATIONS AND ASSIGNMENTS
9.1 The services provided for herein shall be performed by the PROVIDER, and no person
other than regular associates, agents, or employees of the PROVIDER shall be engaged
upon such work or services except upon written approval of the CITY.
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9.2 This Agreement, or any interest herein, or claim hereunder, shall not be assigned or
transferred in whole or in part by the PROVIDER to any other person or entity without the
prior written consent of the CITY. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and
liabilities of the PROVIDER stated herein.
SECTION 10 CONFLICT OF INTEREST
10.1 The PROVIDER represents that it or its employees do not have any interest and shall not
hereafter acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of this Agreement. The PROVIDER further covenants that it
will not hire anyone or any entity having such a conflict of interest during the performance
of this Agreement
SECTION 11 INTEGRATION
11.1 This Agreement represents the entire understanding of CITY and PROVIDER as to those
matters contained herein. No prior oral or written understanding shall be of any force or
effect with respect to those matters covered herein. This Agreement may not be modified
or altered except in writing signed by both parties.
SECTION 12 JURISDICTION, SEVERABILITY AND VENUE
12.1 This Agreement shall be administered and interpreted under the laws of the State of
Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington
State. If any part of this Agreement is found to conflict with applicable laws, such part shall
be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this
Agreement shall be in full force and effect. Venue for all disputes arising under this
Agreement shall be in a court of competent jurisdiction in Yakima County, State of
Washington.
SECTION 13 SURVIVABILITY
13.1 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.
SECTION 14 EQUAL EMPLOYMENT and NONDISCRIMINATION
14.1 During the performance of this Agreement, PROVIDER and/or any of its employees shall
not discriminate in violation of any applicable federal, state and/or local law or regulation
on the basis of age, sex, 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 nor shall the
PROVIDER retaliate for any similarly made claims of discrimination. 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. PROVIDER
agrees to comply with the applicable provisions of State and Federal Equal Employment
Opportunity and Nondiscrimination statutes and regulations.
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SECTION 15 TERMINATION OF WORK
15.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the
terminating party. However, no such termination may be effected unless the other party
is given: (1) not less than thirty (30) calendar days written notice delivered by certified
mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation
and for cure with the terminating party before termination. Notice shall be considered
issued within seventy-two (72) hours of mailing by certified mail to the place of business
of either party as set forth in this Agreement.
15.2 In addition to termination under subsection 15.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the PROVIDER is given: (1)
not less than thirty (30) calendar days written notice delivered by certified mail, return
receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY
before termination.
15.3 If CITY terminates for default on the part of the PROVIDER, (1) no amount shall be allowed
for anticipated profit on unperformed services or other WORK, and (2) any payment due
to the PROVIDER at the time of termination may be adjusted to the extent of any additional
costs or damages CITY has incurred, or is likely to incur, because of the PROVIDER'S
breach. In such event, CITY shall consider the amount of WORK originally required which
was satisfactorily completed to date of termination, whether that WORK is in a form or of
a type which is usable and suitable to CITY at the date of termination and the cost to CITY
of completing the WORK itself or of employing another firm to complete it. Under no
circumstances shall payments made under this provision exceed the "not to exceed"
contract cost set forth in Section 5.2. In the event of default, the PROVIDER agrees to
pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or
consequentially caused by said default. This provision shall not preclude CITY from filing
claims and/or commencing litigation to secure compensation for damages incurred
beyond that covered by withheld payments.
15.4 If the PROVIDER terminates for default on the part of CITY or if CITY terminates for
convenience, the adjustment pursuant to the Agreement shall include payment for
services satisfactorily performed up to the date of termination for WORK satisfactorily
completed, in addition to termination settlement costs the PROVIDER reasonably incurs
relating to commitments which had become firm before the termination, unless CITY
determines to assume said commitments.
15.5 Upon receipt of a termination notice under subsections 15.1 or 15.2 above, the
PROVIDER shall (1) promptly discontinue all services affected (unless the notice directs
otherwise), and (2) deliver or otherwise make available to CITY all originals of data,
reports, estimates, summaries, and such other information, documents, and materials as
the PROVIDER may have accumulated or prepared in performing this Agreement,
whether completed or in progress, with the PROVIDER retaining copies of the same.
15.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute
the WORK to completion utilizing other qualified firms or individuals; provided, the
PROVIDER shall have no responsibility to prosecute further WORK thereon.
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15.7 If, after termination for failure of the PROVIDER to fulfill contractual obligations, it is
determined that the PROVIDER has not so failed,the termination shall be deemed to have
been effected for the convenience of CITY. In such event, the adjustment pursuant to the
Agreement shall be determined as set forth in subparagraph 15.4 of this Section.
15.8 This Agreement shall terminate immediately and without notice should the grant monies
which fund the CITY's contribution be terminated or reduced. Upon such termination, all
obligations not already performed under this Agreement shall cease immediately and this
Agreement shall be void and have no further effect.
SECTION 16 DISPUTE RESOLUTION
16.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the
event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties
shall first pursue mediation as a means to resolve the dispute. If the afore mentioned
methods are not successful then any dispute relating to this Agreement shall be decided
in the courts of Yakima County, in accordance with the laws of Washington. If both parties
consent in writing, other available means of dispute resolution may be implemented.
SECTION 17 NON-WAIVER
17.1 Non-Waiver. The waiver of either the CITY or the PROVIDER of the breach of any
provision of this Agreement by the other party shall not operate and/or be construed as a
waiver of any subsequent breach by either party or prevent either party thereafter
enforcing such provision.
SECTION 18 NOTICE
18.1 Any notice required to be given under the terms of this Agreement shall be made in writing
and directed to the party at the address set forth below. Notice shall be considered issued
and effective upon receipt thereof by the addressee-party, or seventy-two (72) hours after
mailing by certified mail to the place of business set forth below, whichever is earlier.
TO CITY: City Manager
Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
TO PROVIDER: Cheri Kilty, Executive Director
818 West Yakima Avenue
Yakima, WA 98902
SECTION 19 REVIEW AND RENEWAL
19.1 Review and Update. The parties to this Agreement agree to jointly review and update this
Agreement every five (5) years or upon the written request by one of the parties. Any
proposed changes to this Agreement resulting from a review of the Agreement shall not
become valid until the signing and enforcement date of a new Agreement. Any review of
the Agreement will not terminate the existing Agreement between the parties until the
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signing of a validly executed update to this Agreement. Until replaced or terminated by
one of the parties, this Agreement shall stay in force as agreed upon by the parties on the
date of execution of this Agreement.
19.2 Automatic Renewal. This Agreement shall automatically renew for subsequent periods of
the same length as the initial term unless either party gives the other written notice of
termination at least thirty (30) days prior to expiration of the then-current term. Under this
clause, a party would have to notify the other party, in writing, that they did not want to
renew the Agreement at least thirty (30) days before the end of the current Agreement
term. If the party failed to provide timely written notice, the Agreement would automatically
renew.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA YWCA
City Manager Executive Director
Printed Name: Cliff Moore Printed Name:Cheri Kiltv
Title: City Manager Title: Executive Director
Date: December 11, 2018 Date: December 3, 2018
Attest
City Clerk
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