HomeMy WebLinkAboutEvolve Forensics, LLC - Agreement for Training AGREEMENT BETWEEN THE
CITY OF YAKIMA
AND
EVOLVE FORENSICS, LLC
THIS AGREEMENT (hereafter "Agreement") is made and entered into by and between
the CITY OF YAKIMA (hereafter "City"), a Washington municipal corporation, and the EVOLVE
FORENSICS, LLC, (hereafter "Evolve Forensics").
WHEREAS, the Evolve Forensics operates a consulting business featuring instruction in
Forensic Science Applications; and
WHEREAS, the owner, Alice White, has technical experience and education in the field
of collection and analyzing evidence; and
WHEREAS, the City of Yakima Police Department has personnel who need to additional
instruction in these fields; and
WHEREAS, the City of Yakima Police Department can provide an environment for training
that can accommodate its employees,as well as attendees from other agencies; and
WHEREAS, the City desires to solicit the services of Evolve Forensics to train City of
Yakima Police employees, in the techniques and best practices being taught by Alice White; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Evolve Forensics as follows:
1. SCOPE OF SERVICES. Evolve Forensics will allow designated City employees to attend
training instructed by Alice White:
a. The training will include five (5) days or thirty-six (36) hours of classroom
instruction in the fields of forensic science.
b. The training curriculum will be determined by Evolve Forensics as a part of its
"Distortion Interpretation & Feature Distribution" instruction block.
c. The City shall provide a space suitable for classroom or lecture-style teaching.
a. The room shall be equipped with a computer, overhead projector or
TVs, audio equipment, desks and chairs.
b. The room should be able to accommodate up to thirty (30) students and
one (1) instructor.
c. The location will be the Yakima Police Department Training Room
located at 207 S 3rd Street Yakima, WA.
d. Yakima Police Personnel will receive a 10% discount on tuition for hosting the
class.
Agreement Between City of Yakima and
Evolve Forensics - Page 1 of 5
e. Evolve Forensics and the City of Yakima personnel will follow all safety
guidelines, protocols or rules that may be in place as determined by the
Governor of the State of Washington, the Washington State Department of
Health, the Yakima County Health District, the City of Yakima and/or the
Yakima Police Department as a result of the 2020 COVID-19 pandemic. As a
result, the City of Yakima will provide;
a. Disinfectant and cleaning supplies for surfaces;
b. Personal protection equipment if deemed necessary.
f. Evolve Forensics shall handle all course registration, invoicing and collection
and refunding of tuition.
2. PERIOD OF PERFORMANCE. The period of performance under this Agreement will be
April 18th, 2022 —April 22nd, 2022.
3. COMPENSATION. The City of Yakima agrees to pay Evolve Forensics tuition per
employee in the amount of five hundred eighty-five dollars and no cents ($585.00) at the time of
registration. This cost is reflective of the $650 tuition per student less a 10% discount as described
in Section 1. It is anticipated that the City of Yakima will enroll two employees, but reserves the
right to add or subtract additional employees so long as not to exceed thirty (30) registered
students at the time of registration.
4. TAXES AND ASSESSMENTS. Evolve Forensics 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. In the event the City is
assessed a tax or assessment as a result of this Agreement, Evolve Forensics shall pay the same
before it becomes due.
5. AUDITS AND INSPECTIONS.
a. Evolve Forensics shall provide access to records to the City, the state and/or federal
agencies or officials at reasonable times to monitor and evaluate the services provided
under this Agreement. The City will give advance notice of not less than 24-hours
notice in advance to Evolve Forensics in the case of audits pertaining to the services
provided under this Agreement, to be conducted by the City.
b. Records and documents pertaining to services provided under this Agreement shall
be subject at all reasonable times to inspections, review, or audit by the City and/or
duly authorized federal/state officials, including but not limited to, the Washington
State Auditor. The City will give advance notice to Evolve Forensics in the event an
inspection of records is required.
6. INSURANCE. Commercial General Liability Insurance: On or before the effective date
of this Agreement, Evolve Forensics shall provide the City with a certificate of insurance and
additional insured endorsement as proof of commercial general liability insurance, or a
combination of commercial liability and umbrella liability, in the amount of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage that clearly states who
Agreement Between City of Yakima and
Evolve Forensics - Page 2 of 5
the provider is, the amount of coverage, 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 of Yakima, its elected and appointed officials, officers, agents, employees and
volunteers as additional insureds on an additional endorsement. Evolve Forensics will provide
the City with advance written notice if the policy is cancelled. The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide. If the City is damaged
by the failure of Evolve Forensics to maintain the above insurance or to so notify the City, then
Evolve Forensics shall bear all costs attributable thereto. If requested, Evolve Forensics shall
provide the City with a complete copy of the policy.
7. INDEMNIFICATION.
A. Evolve Forensics agrees to defend, indemnify, and hold harmless the City of Yakima,
its officials, officers, employees, volunteers, and agents from any and all suits,
judgments, actions, claims, demands, damages, and costs and expenses, including
reasonable attorneys'fees, which result or arise out of the negligent acts or omissions,
if any, of Evolve Forensics, its officials, officers, employees or agents related to Evolve
Forensics' performance or non-performance of the services, duties and obligations
required of it under this Agreement.
8. NONDISCRIMINATION. During the performance of this Agreement, Evolve Forensics
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. 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.
9. INTEGRATION. This Agreement sets forth all of the terms, conditions, and agreements
of the parties relative to the subject matter hereof and supersedes any and all such former
agreements which are hereby declared terminated and of no further force and effect upon the
execution and delivery hereof.
10. MODIFICATIONS. Either party may request modifications to this Agreement but no
proposed modifications to this Agreement shall be valid or binding upon either party unless such
modification is in writing and executed by both parties.
11. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or
transferred in whole or in part by Evolve Forensics 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 Evolve Forensics
stated herein.
12. NON-WAIVER. The waiver of either the City or Evolve Forensics 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.
Agreement Between City of Yakima and
Evolve Forensics - Page 3 of 5
13. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
14. TERMINATION. This Agreement may be terminated, with or without cause, prior to the
date specified above in Section 2, by written notice from either party to the other thirty (30) days
in advance of the termination. In the event of termination, no compensation shall be required,
and Evolve Forensics shall issue a refund to the City for any tuition paid by the City prior to the
termination of this agreement.
INDEPENDENT CONTRACTOR. The parties agree that Evolve Forensics shall be an
independent contractor in the performance of this Agreement. Evolve Forensics as an
independent contractor, assumes the entire responsibility or carrying out and accomplishing the
work/services required under this Agreement. Evolve Forensics and its officers, employees,
agents, instructors, and subcontractors shall make no claim of City employment nor shall they
claim any related employment benefits, social security, and/ or retirement.
15. 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.
16. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing
and sent to the parties to their addresses as follows:
TO CITY: Bob Harrison, City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
Matthew Murray, Chief of Police
Yakima Police Department
200 South Third Street
Yakima, WA 98901-2830
TO EVOLVE FORENSICS: Alice White, Owner
Evolve Forensics, LLC
P.O. Box 232196
Las Vegas, NV 89105
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by both first class mail postage prepaid and by registered or certified mail,
postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand
delivered at the addresses specified above.
17. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
18. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
Agreement Between City of Yakima and
Evolve Forensics - Page 4 of 5
CITY OF YAKIMA Evolve Forensics
By O . LU\\h-
By �,l�t _ Alice White
Bob arrison, City Manager Date: July 11 , 2021
Date: ,. -L , t 1 DO-al
4ATT,EESIT: / ` !'��z )ti
._ O, , ,;, u 4,
City Cie„LI* `-'� ( f. C _a r . ''
City Contract No.: 2QI I - I Q to `` , i••f f 'A
Resolution No.: V1iG
Agreement Between City of Yakima and
Evolve Forensics - Page 5 of 5