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12/03/2019 06D Assessment and Case Management Services for Diversion Program; Agreement with People for People a\'4\lyy bxk ik 1 PP1-:4d PPP g. A PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.D. For Meeting of: December 3, 2019 ITEM TITLE: Resolution authorizing an agreement with People for People to provide assessment and case management services for the City of Yakima Community Diversion Program through December 2020 SUBMITTED BY: Cynthia I. Martinez, Senior Assistant 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, 27 individuals have successfully completed and graduated from the Community Diversion Program. Of the 27, three have new convictions (25% of participants). There are currently 13 participants enrolled in the 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 2020. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D 9olubon Community DRcrsion People,fur People 11/21/2019 Resolution D Contrrict People for People Community DRersion 11 21/2019 antract 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing an agreement with People for People to provide assessment and case management services for the City of Yakima Community Diversion Program through December 2020. 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 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 Interim City Manager to execute the attached Community Diversion Program Implementation Professional Services Agreement between the City of Yakima and People for People for 2020, now, therefore, ADOPTED BY THE CITY COUNCIL this 3rd day of December, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk 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 Not 2nd Street, Yakima, WA 98901 (hereinafter referee to as CITY), and PEOPLE FOR PEOPLE, anon-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 tie Community Diversion Program; and WHEREAS, The Yakima City Council has approved a budget that tunes the Community Diversion Program trough 2020 and this contract amount is consistent with the 2020 adopted budget; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed py and between the City and PEOPLE FOR PEOPLE as follows: 1. Scope of Services. The CONTRACTOR agrees to perform these services and work for he CITY in accorcance 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 laterials. These materials include, but are not limited to: program brochures, agency reports, print advertisements, posters, internewebsite 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, 2020 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, 2020 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- Pace 1 . * 3. Consideration. As consideration for tie services performed under this Agreement, the CITY agrees to compensate the CONTRACTOR in accord with the following terms: A. In oonaiceration of the obligation of the CONTRACTOR to perform in accordance with this contract the CITY will oay for the actual time and effort of the employee fulfilling the agreement at e rate of G38.25 an hour but not to exceed 8 39.782 for the year. The City will also oay for incidental costs (Travel, oonnnnun|cotione, insurance, auppUoa, and facility) not to exceec S4,337 for the year, B. The CONTRACTOR shall invoice CITY monthly in arrears for serv'ices performed unceroperfornnedunoer tiis Contract, Tie CONTRACTOR s iall submit a monthly invoice no later than the 20th oey of the month followinc tie month in which the invoicec services were performed. The /nvoioe aio/| atote tha ce|iverar/ea oonnp|eteo duringtheinvoicednnonth. C. Invoice shall be sent to: City of Yakima Legal Deparment, ATTN: Cynthia Wartinez, 200 8, Thirc Street' Yakima' WA 98901. CITY will neinnounae the .'.);...AC-.... within tiir.y (30) oeye of receipt of vo|ic invoice for the amount of payment duo. 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 neeooc to correct the invoice. Final invoices for aon/icou orovidod under this agreement ohe|| be oubnitted by the CONTRACTOR no later than ninety (90) days following the termination of the agreement. 4. Independent Contractor, A. No agency, emo|oymeot. 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 nmnnor in vvhiol the CONTRACTOR oer�omno thia agreement. CITY is not liable for workers' compensation or unemployment compensation payments required by the State of Washington. In adcition the CONTRACTOR assumes responsibility for tax liabilities that result from compensation paid to the CONTRACTOR by CITY. CITY will report any )ayment made uncerthis agreement to the Internal Revenue Service on Form 1099. B. No provision contained in this eOneonnent aho|| be construed as entitling the CONTRACTOR'to participate in hosoital 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 toiVDSDeCe88@[ytO ooncuot business in Washin�ton have been obtained and are operative, If at any time durinc the agreement period the CONTRACTOR becomes disqualified from conductingODlc0DdUOting business in Washington, for whatever reason, the CONTRACTOR shall immediately notify ..,.of the disqualification, D. CONTRACTOR shall neither perform VVO[k DO[ 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 / E. CONTRACTOR ahoU furnish its own support steff ono services as necessary for the satisfactory performance of the work described in Section 1' eoove. Unless otherwise opeoiDec in this agreement, CITY will not provide any other otoff, oen/inoa, or nnmteha| to the CONTRACTOR for the puroose of aaai8tinQ the CONTRACTOR in the performance of this agreement. 5. Hold Harmless. _ A. CONTRACTOR egneea to protect, defend, incemnify, eno hold larnn|emo the CITY, and their e/eoteo officio|s. ofhoans. employees, agents` enc volunteers from any and all c|o)rna. demancs. losses. liens' liabilities, penalties, fines, lawsuits, and other proceecings ono all judgments, ovvon]a, costs anc exoenseo (inclucing reasonable attorneys' fees anc disbursements) resulting from ceath, personal harm or bocily injury to any zoneon or damage or oea1ruction to o third party or thirc parties to tie extent caused oy any negligent mot and/or omission of CONTRACTOR, its o'ficero' employees, mcents. volunteers and/or ouocontrmctors. arising out of tie performance of this Contract. B. ./TY o9reea 10 protect, cofend, incemnify, and holc harmless theCONTRACTOR, its e/eoteo offioie|s. officens. emp|oyeea, egenta, and volunteers from any and all doinno' demancs, losses, liens, liabilities, penalties, fines, lawsuits, anc other pnooendinca and all juccments, ovvarda, costs and exoenaoo (inclucinc neaaonao|e attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to o thirc pary or third parties to the extent caused by any negligent mot and/or omission of ..I... its officen., ennp|oyeea, ogenta, volunteers end/or subcontractors, arising out of the performance of this Contract. C. Nothing contained in this Section or tlie Contract shall be construe, to create e liability or o right of indemnification 'in any third party. 6. Insurance. At all times during performance of tie Services, CONTRACTOR shall secureUre @Dc maintain iD effect insurance tO protect the CITY and CONTRACTOR from and against all dainna. cennegea. losses. ano expenses arising out of or resulting from the performance of this Contract, CONTRACTOR aho|| provide and nmintain in force insurance in limits no less tian tiat stated below' 88 applicable. (..T. n080n/e8 the right to require higher limits should it deem it necessary in tie best interest of the public. /\. General Commercial Liability Insurance, Before this Contract is fully executed by the parties, CONTRACTOR ahe|| provide the CITY with e certificate of insurance as proof of liability insurance anc umbrella liability insurance with o toto| nnininnunn liability limit of Two Million Dollars (S2,000,000,00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars (S2,000,000,00) general agcregate, The certificate ahu|| 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 ahe|| name the CITY, its elected officials' offioen., agents, employees, and volunteers as additional insureds, and shall contain 8 clause that the CONTRACTOR will not cancel OF change the insurance without first giving the CITY prior written notice. The insurance ehe|| be with an insurance company or companies rated A-Vil or higher in Best's Guide and admitted in the State of Washington, Community Diversion Program City of Yaki ia and People to People - Page 3 | _ 7 B. Automobile Liability Insurance, i If CONTRACTOR owns any vehio|eo, before this Contract is fully executed by the parties, CONTRACTOR shall orovice the CITY with a certificate of insurance as proof of automobile liability insurance and unnbneUo liability insurance with e total nnininnunn liability limit of Two Million Dollars (S2,000,000.00) per occurrence combined single limit bodily injury and orooadv damace, Automobile liability will apply to "Any Auto" and be shown on the certdioete. The oo|ioy oheU name the CITY, its e/eotec officials, officers. acents. employees, anc volunteers ea ocditione| insureds, and shall contain a clause tiat the CONTRACTOR will not cancel or chan e tie insurance without first giving thegivingthe CITY orior written notice, ) ii. If CONTRACTOR does not own any vehicles, only "Non-owned anc Hired Automobile ' Lia)ility'l will oe nec uireo anc nney odceo to the liability covere�� at the same limits as recuirec in that section of tiis Contract, vv7ioh is Section 6,A entitled "General � Commercial Liability Insurance', . C. Professional Liability Coverage. Before this Contract is fully executed by the parties' CONTRACTOR aho|| rrovide tie CITY with e certificate of insurance as proof of professional liability covenoco vvit1 e total nnininnunn liability limit of Two Million Dollars ($2,000,000.00) per claim combined ainQ/e limit oodi|y injury and property damage, and Two Million Dollars (S2,000,000.00) agcreCate. The certificate oleU clearly state who the provicer is, the coverage amount, the oo|icy nurnoer' anc when tie policy and provisions provided are in effeot. Said oo|icy ahoU be in effect for the duration of this Contract. The policy shall contain o o|ouoe that the (..'["-.A-..... will not oenoe| or change the insurance without first c ivinc, the CITY prior written notice. The insurance shall be with an insurance company or oonpanieu rated A'V|| or higher in Best's Guide. If the policy is written on o claims mace basis the covane�a vvi|| continue in force for an additional two years after the completion of this contract. D. Under either situation descriDed in this Section' the nequineo certificate of insurance ahe|| clearly state who tie orVvider is, tie uoverace onnount, the policy number, and when the )o|ioy and provisions pnoviced are in effect. Said policy shall be in effect for the duration of this Contract. The policy ale|| name tie CITY, its elected officials, officers, ocenta' . onnployeea, anc vo|unteens as additional insureds, and shall contain a c|euea that tie 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-or higher in Bests Guide anc mdni(ted in the State of Washington. /. Conflict of Interest and Ethics Laws. /\. The CONTRACTOR hereby covenants that neither the CONTRACTOR nor any officer. member or employee of the CONTRACTOR has interest, personal or otherwise, oinect or incinect. 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, 8. Neither the CONTRACTOR nor any officer, member or employee of the CONTRACTORJ./`A`-.'' ahe\|' prior to the completion of such work anc payment for such vvork, 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 Community Diversion Program City of Yakima and People to People- Page 4 a or her functions and responsibilities with respect to the carrying out of such work. C. The CONTRACTOR 8h8U 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 `/T. employee to violate any CITY rule or policy relating to the conduct of contracting parties. D. Nondiscrimination. During the pe�ormance of the Agreement, the CONTRACTOR ahoU not discriminate in violation of any aop|icob|e federal atsde. end/or local law or recu|otion on the oasis of ace oex, cencer neoe. creoo' re|icion` color' national origin' marital atetuo, cioobi|itv' ionoreo/y discharged veteran or military status, pregnancy, sexual orientation. onc any other classification oroteotoo uncer fedene|. state, or local law, Tiis provision ohe|| incluce but not be limitec to tie following: employment' uocracing' oannotion' trenofor, recruitment, eovertiaing. layoff ortermination, rates of pay or other forms of conn zenuetion. selection for toaininc. ono the oroviaion of services under this agreement. E. The Americans with Disabilities Act. CONTRACTOR aheU comply with the Americans with Disa)ilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its imolementinc regulations onc Washington State's anti-ciyorinnioetion law as conteinec in RCW C ia)ter 49,60 and its implementinc regulations with regard to the activities and services provided pursuant to this Aoreament. The ADA provides comprehensive civil rights to indivicuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. F. Compliance with Laws. The CONTRACTOR Sh8|| comply with all applicable federal' state and local laws. rules enc regulations in performing this Agreement, G. Debarment Certification: CONTRACTOR certdje8 t78t it is not presently debarred, euaponced, pro)osec for cebornant' ceo|oneo ineligible, or voluntarily excluded from participating in this Agreement by any Federal oepartnnent or agency (debarred), The CONTRACTOR oho|| immeciately notify the CITY if during the term of the agreement it oaoonnea debarred, In the event of such debarment. tie CITY may immediately terminate this Agreement by giving written notice t0 CONTRACTOR. i. Records, Documents, and Information. All recordy, documents, writings or other information proc ucec or used by the CONTRACTOR in the performance Of this agreement shall be treated according to the following terms: /\. 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 8en/iCeS DOU8t be made @V@i|@b|e to tie City, and also produced to thirc parties, if required pursuant to the Washington Public Recorcs Act. Chapter 42.56 RCW or by law. /\|| cetornninationu of naoondo aubieot to re|aoae tinder the PRA' or otherwise required by law, uhe|| be at the sole cinonetion of the CITY. This agreement and all public records associated with this 8gR38DleDt 8h8|| be available from the City for inspection and copying by the public where nequinec by the Public Records Act, Chapter 42.56 RCW, To the extent that public records then in the custody of the CONTRACTOR Community Diversion Program City of Yakima and People to People - Page 5 ^ e are needed for the CITY to respond to e naoueat under the Public Records Act, as determined oy tie CI_'. the CONTRACTOR ncreea to make them promptly available to the CITY. If the CONTRACTOR considers any portion of any records provided to the CITY under tiis og reennent whether in electronic or hard copy form, to be protected from disclosure under law. the CONTRACTOR aho/| clearly identify any specific information that it o|eimo to be confidential or proprietary, If the CITY receives o request under the Public Recorcs Act to ins)ect 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 othomv/oo appropriate, the CITY'S sole obligations oho|| be to notify the CONTRACTOR (a) of the recueat eno (b) of the date that uuol information will be ne/eaaec to tie requester unless tie CONTRACTOR obtains e court order to enjoin that ciao|osure pursuant to RCW 42,56.450. If the CONTRACTOR fails to timely obtain a court orcer enjoining ciso|ooure' the CITY will release the recuootec information on the dote aoeoifiec. The City has, anc by tiis section eoaumoo, no obligation on beialf of the CONTRACTOR to deinn any exenootion for ciec/ooune under the Public Recorcs Act, The CITY aio// not be liable to the CONTRACTOR for releasing naoorco not clearly identifiec by the CONTRACTOR as confidential or proprietary. The CITY shall not be liable to the CONTRACTOR for any recoroa that the CITY releases in compliance with the Puolic Records Act. tiis nection. or in compliance with an order of e court of competent jurisdiction. B. CONTRACTOR a la|| prom ot|y furnish the ..IT.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 e longer period if required by the Washincton State Local Government Common Records Retention Schedule ("CORE") of the Office of the Secretary of State, Washington State Archives, CONTRACTOR Sh@|| n8t@iD and provide the CITY access to (and the CITY shall have the right to exannine, euc it and copy) all of CONTRACTOR'S books, papers and records which are related to the services performed by CONTRACTOR under this ecnaennent. C. All CITY information vvhich, under the laws of the State of Washington, is classified as public or private, will,be treated as such oy the CONTRACTOR, Where there is e question as to vvhetler information is ouo|io or private, CITY mhe|| nlmko the final determination. CONTRACTOR shall not use any information, oyaterna` or records made available to it for any purpose other than to fulfill tie egreennent duties specified herein'. CONTRACTOR agrees to be bounc oy the same standards of confidentiality that apply to the employees of CITY and the State of Washington, The teris of this section aho|| be included in any subcontracts executec by the CONTRACTOR for work under this agreement. D. All proorietary information of the CONTRACTOR, if any, shall be held to be strictly confidential by CITY. Proprietary information is inforiation vvhinh, if made public, would put the CONTRACTOR at e disadvantage in the market place and trade of which the CONTRACTOR is @ part, CONTRACTOR is R)8pOD8ib|W for notifying CITY of the nature of the information prior to its no|eoae to CITY. CI.. nsaorven the right to require ne@8On8o/e evidence of the CONTRACTOR's assertion of the proprietary nature Of any information to be provided. E. All PecOK]8 relating to 0OGtS' VVo[k Der�O[[Ded and supporting documentation for invoices submitted to CITY by tie CONTRACTOR shall be retained and made available by the Corn iunity Diversion Program City of Yakima and People to People - Page 6 10 i | � 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 enfornement` oio|o) and agencies of the United States government for a nnininnunn of three years after payment for work per"ormed under this agreement. If an audit' litication, or other action is initiated during this time perioc, the CONTRACTOR shall retain such records until the action is concluded and all issues resolved ur the three years end 'whichever is later. 911 Rights in Delliverables, Data and Copyrights. The Deliverables provided by the CONTRACTOR under Section 1 and any item producec under this oQneonnent' ino|udinQ any 000urnento. coto' ohotognsoia ono negatives, electronic reports, nsoorda' aoftvvmre' source code` or other nnec/a, ahu// oeconne the oroparty of CITY which shall have an unnsatriotec right to re)roouoe' ciotrizute. nood/f«' nnointoin. and use the Deliveraoles, The CONTRACTOR shall not obtain copyri[ht, oetent, or other proprietary protection for the Deliverables, Tie CONTRACTOR ala|| not incluce in any Deliverable any copyrig7ted nnotter, unless the copyric it owner c ives prior written approval to use such copyrighted matter, 10. Suspension and Ter'mination. A. CI-' may, by civinc CONTRACTOR thirty (30) calendar days written notice of termination. terminate this Acreement as to all or any portion of tie Services not then pe�ormed, whether or not CONTRACTOR is in breach or default, and with or without cause. Upon recei)t of any such notice of termination the CONTRACTOR shall except as otherwise directec 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 tie event of termination pursuant to Section I O.A, the CONTRACTOR, shall take all..' aha|| takea|| necessary or appropriate steps to limit disoursements and minimize costs, and furnish o report, as of the data of receipt of notice of suspension or termination describing the status of all vvor� uncer tqis agreennent, inclucing without limitation. results ooconnp|inhed, conclusions resulting tierefrom, 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 mubnioaipn of a proper invoice, for the vvod\ performed prior to receipt of notice of termination or suspension, which ahe|| be calculated by'`I.. basec on the rate aei foch in Section 3. CITY shall not be liable for any further claims, and the ClGiDl8 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 defaulthV[defaUit which would permit termination or cancellation such termination or cancellation ahs|| be deemed to have been o ternninotion by the City pursuant to paragraph 10A and the rights of the parties shall bo determined accordingly. 11. Breach or Default. A. Differences between the CONTRACTOR @nC the CITY, arising under and by virtue Of Community Diversion Program City of Yakima and People to People- Page 7 � / 11 this Agreement, shall be brought to the attention of the CITY at the earliest possible time in order hat such matters may be settlec or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance anclor compensation due the CONTRACTOR aheU be decided by the CITY's Agreement Representative or designee. All ru|inga, orders, instructions and decisions of the CI-.'. Agreement Representative aho|/ be final and conclusive, subject to the CONTRACTOR's right to seek juc icial relief pursuant to this Section, B. Uoon breach or default by the CONTRACTOR of any of the oroviaionx' ob|igetiona i or duties emboc/od in this ognaemont. ...Ty may exercise all administrative, contractual` ! equitoo/o or/egn/ remedioa evoi/ao|e. vithout /imitotion. Tla woivor of ony oonumence of breach or cefault 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 oerfonn an oo|iQetion or oo|igotiona under this agreement ano thereafter such failure is vvoiveo by the other party, such waiver shall be limitec to tie particular failure so waived eno aheU not be deemed to vvoiva other failures hereunder, Waiver by CITY siall not be effective unless it is in writinc and signed by the CITY contract manager. C. Any action at law, suit in ec uity, or judicial proceedinc arising out of this Agreement ahsU be institutec and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA Washington. 12. Amendments. Tiis VV[itiDG constitutes tie entire agreement between the parties with respect to all matters herein. This agreement may be a-nended only by a writing signed by both parties. However, it is @QR)ed by the parties that any 8DleDdD1ent8 to laws or regulations cited herein will result in the correlative modification of tiis egreennent, without the necessity for executinc written amendments,Any written amendments to this agreement shall be prospective in netura. When o new or different term or condition is addod. ooditione| consideration is not necessary to bind the parties. 13. Assignment. The CONTRACTOR shall not assign any interest (including subcontracts)St8\ in this agreement and aho|| not transfer any interest in the same (whether by assignment or novation)witiout the prior written approval of CITY.Any such assignments or subcontracts shall be submitted for CITY's R9VieVV ninety (90) days prior to the Ce8\R9d 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 8h8|| comply with all applicable state and federal [U|eS' negU|Gti0O8 and statutes pertaining to 8 drug free workplace. The CONTRACTOR Gh8|| make B c0Dd faith 8ffbd tO ensure that all employees of the CONTRACTOR do not purchase, transfer, use or possess either legal or illegal drucs or alcohol or abuseOrQhU8e prescription drucs� in any vvoyvvhi|ovvorking on atate, county, or municipal property. 15. Construction.ThiS @gne8DO0Dt 8h@l| b8QOVeDDed' CODGtrUed 8Dd eDfOrOed in GCCDndGDQe with the laws of the State of Washincton,g Should any porion of this agneonnont be found UDeDf0nCe@bl8 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 UO8DfO[c8@ble provision does not render the performance of tie remainder Of the agreement Community Diversion Program | � City of Yakima and People to People - Page 8 -. . =7.. ..- ".......u.',a,-..1,-.1,.r..--.,-.. 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''...,,,,== 1.,..-,.,-= --. -- ... ....__....,,,..a... --x ..............,..,=......*.---11,-.a==.-if-,, a.---.11,....•a--`a.----.,--. a 1.,,,,= .... . .....-,.. .. ip.. -.,- .".....,a. ,..,..=,.-... ,-.-Th,.-.---. . ..;. ..r-.. .......=...--. x,.. .,-. .a__.,i,a v.... .E::,.7►a a--,..s. ..11,..=.a-- .1 :3,.... ...-.-.1 ...= 11.=,.. .-.-111 .= -....m.rn......-- -..,=*--,,---_,......=-..,== .,,,,...',.,^= . --.c.a.a-,..,--..,-.,--.._-..--.a-7,-,,...= 1.=.a,...,, .,- a.==..1,-,. .F......,-..==.. .1 -a 11,.-,,. .=.-1,.--==.^=--. ..iir-c,a.--,,,-,., .. .-...,=.. 11,==.... ,-....,,,..... - -.,.c::::=.. ,11 ... .-a==....,=....... •- - .==.... ..- .,.. -- IM- � 13 City of Yakima Community Diversion Program People For People Service Proposal �nua��2�—D�m�r �2� ����PB Service Proposal peop|eFprpeoo|e (PFP) pnoposes1ncontinuetoprovdeAssessor/CoseK/anagennentsem4cestoe/|g|b|e participants of the City of Yakima Community Diversion Program,The Assessor/Case Manager plays a critical role in providing screening assessments, identifying 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 Asyessor/CaseW1annger 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. VVe are excited to continue tobea part of this program recidivism and to help participants achieve success, .. PH9 Projected Costs: Wage and Fringe: 30,782 (salaries, fringe,supervision, indirect, Finance, IT and Adnnin\ Non-personnel 4,337 (Travel, communications, insurance,supplies, facility,) Total Pro'eotedCost $44,119 1* People For People Service Proposal Scope ofWork: o Provide initial screening, assessment,employment, and training related counseling and support to eligible parddpants. ( 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 and life 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