HomeMy WebLinkAbout03/01/2016 08 Community Diversion Program Assessment and Case Management Agreement with People for People 10 I
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 8.
For Meeting of: March 1, 2016
ITEM TITLE: Resolution authorizing a Professional Services Agreement with
People for People to perform assessment and case management
services for City of Yakima Community Diversion Program
SUBMITTED BY: Cynthia Martinez, Senior Assistant City Attorney
SUMMARY EXPLANATION:
In late 2014, the City of Yakima began exploring the idea of implementing a Community Court.
Community Court 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
numerous government, community and faith -based organizations, the Community Court Model
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 Court is part of a growing
movement to address the root cause of so called quality of life crimes that are committed by
chronic offenders.
In December of 2014, the City of Yakima entered into an agreement with the Center for Court
Innovations, an organization based in New York that receives DOJ grant funding to help
jurisdictions across the country explore alternative court models, to obtain their help and expertise
in exploring the Community Court concept. The exploration effort lead to a community survey,
focus groups and individual stakeholder interviews. The process revealed that the community
supported the implementation of a Community Court and there was a population that would
benefit from a Community Court.
Several Community Court models with budgets were considered by the City Manager, including a
Community Diversion Program. The Yakima City Council voted to fund a Community Diversion
Program to be implemented in 2016. The Community Diversion Program has the same goals as
Community Court but is run by the Prosecution Division, as opposed to the Court. The soft
opening of Community Diversion Program is scheduled for the first week in April and will be held
at The Seasons Performance Hall. People for People, a local non - profit, skilled in assessing,
motivating, and supporting individuals navigate obstacles to work, will be providing the
assessment and case management services for the program.
The attached Community Diversion Program Implementation Professional Services Agreement
between the City of Yakima and People for People will formalize People for People's role in the
Program. The contract amount is prorated to account for the implementation date.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL: / Interim City Manager
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Rescutk.r Poop Ile for Poop Ile Prolessmall Sormces
2/19/2016 Rosolluhm
Agreernentl.
D Poop Ile for Peoplle Proi•ssronall Sermces Agreerneril 2/19/2016 Conrad
RESOLUTION NO. R -2016-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute a Professional Services Agreement with People for People to
perform assessment and case management services for City of Yakima
Community Diversion Program.
WHEREAS, in December of 2015, the Yakima City Council funded the implementation
and operation of a City of Yakima Community Diversion Program for the year of 2016; 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 willing to provide assessment and
case management services for the Community Diversion Program; and
WHEREAS, the City of Yakima and People for People desire to enter into the
Professional Services Agreement to support the implementation of the City of Yakima
Community Diversion Program; and
WHEREAS, the City Council finds it to be in the best interest of the City to direct the City
Manager to execute the attached Community Diversion Program Implementation Professional
Services Agreement Between the City of Yakima and People for People; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council authorizes and directs the City Manager to execute the attached
Community Diversion Program Implementation Professional Services Agreement between the
City of Yakima and People for People; now, therefore,
ADOPTED BY THE CITY COUNCIL this 1S day of March, 2016.
ATTEST: Avina Gutierrez, Mayor
Sonya Claar Tee, City Clerk
COMMUNITY DIVERSION PROGRAM IMPLEMENTATION PROFESSIONAL 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 Second 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, or 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 services to help individuals navigate obstacles to work
and is willing to provide support services for the Community Diversion Program; 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.
B. Regularly communicate with the City of Community Diversion Program Staff 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: assessment tools, agency reports, program brochures,
internet/website portals, radio and television public service announcements, shirts, hats,
etc.
2. Term of Agreement. The term of this Agreement shall be deemed commenced March 2,
2016 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, 2016 unless terminated
earlier by the City in accordance with Section 11 of this Agreement, or in the event of outside
forces (illness, etc.) and accepted force majeure occurrences (natural disasters, etc.).
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 the
Agreement the City will pay Thirty Four Thousand Six Hundred and Sixty Six Dollars
($34,666.00) to the Contractor in monthly installments of $3,466.60 for the work as set
forth in the statement of work.
Community Diversion Program Implementation Services
Agreement between the City of Yakima and People for People
Page 1
1
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 Second 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, or 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 services to help individuals navigate obstacles to work
and is willing to provide support services for the Community Diversion Program; 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.
B. Regularly communicate with the City of Community Diversion Program Staff 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: assessment tools, agency reports, program brochures,
internet /website portals, radio and television public service announcements, shirts, hats,
etc.
2. Term of Agreement. The term of this Agreement shall be deemed commenced March 2,
2016 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, 2016 unless terminated
earlier by the City in accordance with Section 11 of this Agreement, or in the event of outside
forces (illness, etc.) and accepted force majeure occurrences (natural disasters, etc.).
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 the
Agreement the City will pay Thirty Four Thousand Six Hundred and Sixty Six Dollars
($34,666.00) to the Contractor in monthly installments of $3,466.60 for the work as set
forth in the statement of work.
Community Diversion Program Implementation Services
Agreement between the City of Yakima and People for People
Page 1
B. The Contractor shall invoice City monthly in arrears for services performed under this
Agreement. 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. The amount of the
invoice shall be for one -tenth of the annual Agreement amount for the current contract
year.
Invoice shall be sent to: City of Yakima Legal Department, ATTN: Cynthia Martinez,
200 South Third Street, 2 Floor, 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.
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.
Community Diversion Program Implementation Services
Agreement between the City of Yakima and People for People
Page 2
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.
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
Community Diversion Program Implementation Services
Agreement between the City of Yakima and People for People
Page 3
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 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.
Community Diversion Program Implementation Services
Agreement between the City of Yakima and People for People
Page 4
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, 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. Public Records Act. 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. 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. All records relating to the
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.
B. 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.
C. To the extent that public records then in the custody of the Contractor are needed for the
City to respond to a request under the PRA, as determined by the City, the Contractor
agrees to make them promptly available to the City.
D. 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
Community Diversion Program Implementation Services
Agreement between the City of Yakima and People for People
Page 5
law, the Contractor shall clearly identify any specific information that it claims to be
confidential or proprietary.
E. If the City receives a request under the PRA 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.
F. 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.
G. 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, the City shall make the final determination. The
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. The 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.
9. Records Retention.
A. The Contractor shall retain and provide the City access to (and the City shall have the
right to examine, audit, and copy) all of the Contractor's books, papers, and records which
are related to the services performed by the Contractor under this Agreement. The
Contractor 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 Secretary of State, Washington State
Archives. The 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.
B. All records relating to costs, work performed and supporting documentation for invoices
submitted to the City by the Contractor shall be retained and made available by the
Contractor for audit by the State of Washington (including but not limited to 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 Contractor shall retain such
records until the action is concluded and all issues resolved or the three years end,
whichever is later.
Community Diversion Program Implementation Services
Agreement between the City of Yakima and People for People
Page 6
10. 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.
11. 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 11.
B. In the event of termination pursuant to Section 11.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 11A and the rights of the parties shall be
determined accordingly.
12. Breach or Default.
A. Differences between the Contractor and the City, arising under and by virtue of this
Agreement, shall be brought to the attention of the City at the earliest possible time in
order that such matters may be settled or other appropriate action promptly taken. Any
dispute relating to the quality or acceptability of performance and /or compensation due
the Contractor shall be decided by the City's Agreement Representative or designee. All
rulings, orders, instructions and decisions of the City's Agreement Representative shall be
final and conclusive, subject to the Contractor's right to seek judicial relief pursuant to this
section.
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Agreement between the City of Yakima and People for People
Page 7
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.
13. 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.
14. 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.
15. 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.
16. Construction. This Agreement shall be governed, construed and enforced in accordance
with the laws of the State of Washington. Should any portion of this Agreement be found
unenforceable by operation of statute or by administrative or judicial decision, the enforceability
of the balance of this Agreement shall not be affected thereby, provided that the absence of the
unenforceable provision does not render the performance of the remainder of the Agreement
impossible.
17. Written Notices. AD 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.
Community Diversion Program Implementation Services
Agreement between the City of Yakima and People for People
Page 8
In case of City, to both:
City Manager And to: City Prosecutor
City of Yakima City of Yakima Legal Department
129 North Second Street 200 South Third Street, 2nd FI.
Yakima, WA 98901 Yakima, WA 98901
In case of Contractor, to:
Madelyn Carlson, Executive Director
People for People
304 West Lincoln Avenue
Yakima, WA 98902
18. Survival. Any provision of this Agreement which imposes an obligation after termination
or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be
binding on the parties to this Agreement.
IN WITNESS WHEREOF, the parties, by signing below, indicate their agreement to the
above.
CITY OF YAKIMA PEOPLE FOR PEOPLE
B By:
Jeffrey R. Cutter, Interim City Manager Madelyn Carlson, Executive Director
DATE: DATE:
ATTEST:
By:
Sonya Claar Tee, City Clerk
Resolution No.:
City Contract No.:
Community Diversion Program Implementation Services
Agreement between the City of Yakima and People for People
Page 9
1 NI
PEOPLE FOR PEOPLE
People For People
Offender Diversion Partnership
Total PFP program costs; $37,468 (salaries, fringe, supervision and indirect Finance, IT and
Admin)
Non-personnel $4,131 (Travel, communications, insurance, supplies etc.)
Purpose: Provides Employment and Training reated counseling and support
o Provides counseHng for barrier removal and preempoyment skills
o Works with participant to identify and set participation goak.
o Provide information, veferraU and system navigation to support skifls development and
employment preparation
o Provides job pacement assistance
o Provides group couriseling and instruction as appropriate.
o Acts as liaison between court and participant to communicate plan, compliance and
progress.
o Tracks and monitors participant progress: