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HomeMy WebLinkAboutR-1996-067 Community Development Block GrantsRESOLUTION NO. R-96- 67 of A RESOLUTION Yakima authorizing toexecutthe e Manager agreem nts to implement City implementthe Neighborhood Improvement Program. WHEREAS, the City of Yakima is a recipient of 1996 Federal Community Development Block Grant funds which may be used among other things, for Neighborhood Improvement Projects; and WHEREAS, the Community Development Advisory Committee devoted many volunteer hours preparing their 1996 recommendations for funding of Neighborhood Improvement Projects for the City of Yakima; and WHEREAS, at its April 16, 1996 meeting, the City Council considered and approved seven Neighborhood Improvement Projects to be funded with Community Development Block Grant funds through the Neighborhood Improvement Program; and WHEREAS, the City desires that the funding be conditioned upon execution of an agreement for each of the seven Neighborhood Improvement Projects with the respective Neighborhood Group Project Sponsor; and WHEREAS, each of the respective organizations are willing to implement the seven Neighborhood Improvement Projects in accordance with the terms and conditions of the attached and incorporated agreements; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with each of these organizations for the seven Neighborhood Improvement Projects in accordance with the terms and conditions of the attached agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated agreements between the City of Yakima and the respective Neighborhood Group Project Sponsor in order to implement seven Neighborhood Improvement Projects approved by City Council on April 16, 1996. ADOPTED BY THE CITY COUNCIL this day of Junta , 1996. ATTEST: , /Lynn Buc anan, Mayor City Clerk CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization:The Housina Foundation 2. Address: 107 South 6th Street Yakima, WA 98901 3. Phone: (509) 248-7802 4. Contact Person:Sharon White, Program Facilitator 5. Title of Service or Program being Funded:Residential Fencina Proiect 6. Time Period: Beginning' /rj Ending /i 64',,,/ 7. Amount of Contract/Grant Award:85,000.00 7 8. This contract/grant award and the rights and obligations of both parties hereto shall be subject to and governed by the following, incorporated by reference herein as is fully set forth: 1) General terms and conditions attached hereto or Exhibit "A", 2) Scope of work attached hereto or Exhibit B. This contract constitutes the entire agreement between the parties. Either party may request modification in the scope of services, project duration, performance or reporting standards, or other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this contrct signed by both parties. The City and Contracting Organization agree that this contract shall be modified if necessary to achieve compliance with requirements. IN WITNESS THEREOF the parties have executed this contract as of the day and year indicated below. Dixie L. ht, Block Grant Manager Date J.Valenzuela,Director of CED 'Date Signature For Contracting Organization Title Date Richard A. Zais, Jr. City Manager All EST: aA2- -- 1 City Clerk nrt001 %40? got 1100.1.111:11110: g - 7 TERMS AND CONDITIONS EXHIBIT "A" I. DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates the Contracting Organization to undertake, and the Contracting Organization hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. II. SUB -GRANT A. Notice to Proceed No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (OND) shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. The City hereby sub -grants to the Contracting Organization $5,000.00 for said project. III. GENERAL BUDGET PROVISIONS The Contracting Organization agrees to the following provisions in satisfying the terms and conditions of this contract: A. Payment and Disbursements. Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contracting Organization or obligation of the Contracting Organization currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima OND of a written reimbursement request on forms provided by the City of Yakima OND supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima OND that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 and come within the Project Budget. 2 B. No payment shall be made for any service rendered by the Contracting Organization except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contracting Organization shall submit to the City of Yakima OND a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (10%) or more in an approved budget subject category. Written budget revision approval must be received by the Contracting Organization prior to the Contracting Organization incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contracting Organization budget does not exceed ten percent (10o) of an approved budget sub -object category, the Contracting Organization must submit a revised budget to the City of Yakima OND prior to the submittal of claims against the budget. IV. COMMENCEMENT OF WORK The City of Yakima OND shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima OND. V. BILLING PROCEDURES A. The Contracting Organization shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed in the City of Yakima OND. B. The City of Yakima OND, shall notify the Contracting Organization in writing of a proposed transfer, at least thirty (30) calendar days before the actual transference occurs. VII. LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. 3 VIII.BUDGET SURPLUS The Contracting Organization agrees that funds determined by the City of Yakima OND to be surplus at the end of the year within the budget of this Contract will be subject to cancellation by the City of Yakima OND and may be negotiated if they are to be included in future contracts. IX. COMPLIANCE WITH LAWS A. GENERAL The Contracting Organization, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to, Federal Community Development Block Grant Regulations; and other policies and guidelines established by the City of Yakima OHNC. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS The following federal provisions may apply, among others, to this contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contracting Organization shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 4 OFFICE OF HOUSING AND NEIGHBORHOOD CONSERVATION A DIVISION OF COMMUNITY & ECONOMIC DEVELOPMENT (509) 575-6101 FAX (509) 575-6176 SCAN 278-6101 112 S. EIGHTH STREET, YAKIMA, WASHINGTON 98901 1251 et. seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW (Prevailing Wage Rates). 9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11 Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contracting Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contracting Organization, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contracting Organization, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Environmental Review 1. NEPA The City of Yakima OHNC retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima OHNC may require the Contracting Organization to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. 2. SEPA The Contract Organization retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. 3. Compliance as Pre -Condition Performance by either the City of Yakima OND or the Contracting Organization under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. X. NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contracting Organization agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. The Contracting Organization shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contracting Organization specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. XI. NON-DISCRIMINATION IN CLIENT SERVICES A. The Contracting Organization shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 6 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contracting Organization shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Contracting Organization shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XII. LICENSING AND PROGRAM STANDARDS The Contracting Organization agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XIII.INSPECTION AND INFORMATION A. At such times and on such forms as may be required, the Contracting Organization shall furnish reports, statements, records, data and information as may be requested by the City of Yakima OND, State, United States Government, or other funding agency pertaining to matters covered by this Contract. B. The Contracting Organization agrees that representatives of the City of Yakima, State and United States Government may make periodic evaluation/inspection of the facilities, records, and general performance of this Contract. The Contracting Organization further agrees that such evaluation may be made on a quarterly basis or 7 at other times deemed reasonable and proper by these representatives. C. The Contract Organization shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIV. SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XV. ASSIGNMENT AND/OR SUBCONTRACTING The Contracting Organization shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XVI. STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contracting Organization agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contracting Organization further agrees that the City of Yakima OND shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contracting Organization shall retain all books,records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contracting Organization agrees that the City of Yakima, the U.S.Department of Housing and Urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. 8 B. The Contracting Organization agrees that any contributions or payments made for services furnished under this agreement shall be used for the sole benefit of this program. XVII. PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contracting Organization. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contracting Organization under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person,partnership, corporation, association or organization without the prior express 9 approval of the City of Yakima OND. 7. Any nonexpendable personal property furnished to, or purchased by, the Contracting Organization, title to which is vested in the City of Yakima OND or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima OND or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima OND or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9 of Title 62A, RCW. 9. The Contracting Organization shall be responsible for any loss or damage to the property of the City of Yakima OND or federal government (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contracting Organization to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima OND or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY The Contracting Organization agrees to maintain program records and reports including statistical information and to make such records available for inspection by the City or its designee in order for the City to be assured that program services remain consistent with the terms of this contract. The Contracting Organization further agrees to provide written program statistical information to the City of Yakima OND in a manner prescribed by the Office at times as may be requested by the Office. XIX. RELATIONSHIP OF THE PARTIES A. The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakima OND is interested only in the results to be achieved, the implementation of services will lie solely with the Contracting Organization. No agent, employee, or representatives of the Contracting Organization shall be deemed to be an employee, agent, servant or 10 representative of the City of Yakima for any purpose, and the employees of the Contracting Organization are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contracting Organization will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Contract. XX. QUARTERLY REPORT The Contracting Organization agrees to submit a written quarterly report outlining the progress of Exhibit B, to the City of Yakima. XXI. INSURANCE A. Public Liability and Property Damage. The Contractor shall maintain during the life of this Contract public liability and property damage insurance covering the Contractor's services hereunder in the sum of not less than twenty thousand dollars for injury or damage to property and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person. Insurance shall cover work done by the Contractor or subcontractors and shall protect, as named insured, the City from suits or claims for damages arising from operations under this Contract or actions of the Contractor, subcontractors, and employees either direct or indirect. B. Workmans compensation. The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. XXII.INDEMNIFICATION All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs, or judgements against which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIII.HOLD HARMLESS All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting 11 Organization's own risk and the Contracting Organization expressly agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage, inducing reasonable cost of defense they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgements against the City of Yakima which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIV.CONTRACT, TERMINATION AND CLOSE OUT If the Contracting Organization fails to comply with the terms and conditions of this Contract, the City of Yakima OHNC may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. Termination for Cause If the Contracting Organization fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the City of Yakima OND deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contracting Organization has failed to take satisfactory corrective action as directed by the City of Yakima OND or its authorized representative within the time specified by same; 3. The Contracting Organization has failed within the time specified by the City of Yakima OND or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima OND may terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contracting Organization. After this effective date, no charges incurred under any terminated portions are allowable. B. Terminations on Other Grounds This Contract may also be terminated in whole or in part by mutual agreement of the parties. 12 C. Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City of Yakima OHNC may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this contract. If the level of funding so reduced or limited is so great that the City of Yakima OND deems that the continuation of the program covered by this contract is no longer in the best interest of the public, the City of Yakima OND may summarily terminate this contract in whole nonwithstanding any other termination provisions of this contract. Termination under this Section shall be effective upon receipt of written notice by the Contracting Organization or its representative. The City of Yakima OHNC agrees to promptly notify the Contracting Organization of any proposed reduction in funding by Federal or other officials. The Contracting Organization agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This agreement may further be terminated by the City of Yakima upon written demand by the City of Yakima OND for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. Close-out In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contracting Organization, the City of Yakima shall make or arrange for payment to the Contracting Organization of allowable reimbursable costs not covered by previous payments; 2. The Contracting Organization shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakima OND retains the right to withhold a 13 just and reasonable sum from the final payment to the Contracting Organization after fully considering the recommendation on disallowed costs resulting from the final audit. XXV. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima OND shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXVI.CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate the right of the Contractor to proceed under this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City of Yakima makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. XXVII.RIGHTS IN DATA The City of Yakima OHNC may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The contractor hereby grants to the City of Yakima, a royalty - free, non-exclusive, and irrevocable license to publish, 14 translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima OND, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima OND, promptly and in written detail,each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima OND shall have the right at any time to modify, remove, obliterate, or ignore such markings. XXIX.RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Community Development Block Grant Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, and 4. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXX. VENUE STIPULATION This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and greed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpertation and performance. Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of 15 the courts of competent jurisdiction at Yakima in Yakima County, Washington. XXXI.MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXXII.SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXIII.PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXIV.CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contracting Organization, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Block Grant funded program. 16 EXHIBIT "B" SCOPE OF WORK Residential Fencing Project PROJECT TITLE The Housing Foundation CONTRACTING ORGANIZATION: 1. DESCRIPTION OF PROJECT: (Detailed description statement of the project/program, purpose of project/program, needs to be addressed and problems to be solved). The purchase and installation of a four foot chain link fence to a minimum of four residential properties recently purchased in the "Save a House/Create a Home" first time homebuyers program. Granted monies will be used to purchase fencing materials for installation of a 4' high chain link fence, volunteer labor coordination, and project supervision so each family may have a new fence surrounding his/her property or play space. 2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when, indicators of progress/accomplishments). To keep homeowners in the southeast Yakima neighborhood by enhancing their sense of safety, security, and control they have over their property. Contribute to the comradery and partnerships developed between the homeowners, volunteers and project supervisor during the installation phase. Empower the homeowner to take control of his/her property from neighbors, stray animals, community members, and vandals. 17 Project Scope: Project Description The Housing Foundation is a non-profit organization created to solve the unmet housing needs of low and moderate income persons throughout Yakima County. Housing Foundation has received grant money from the Washington Trust Fund for implementation of our Save-A-House/Create-A-Home program. The Housing Foundation is asking for funding from the Neighborhood Improvement Project to further assist the Save-A-House/Create-A-Home homeowners by granting money to purchase fencing materials for installation of a 4' high chain link fence, volunteer labor coordination, and project supervision so each family may have a new fence surrounding his/her property or play space. Affected properties include: Home Address j? 1106 South 6th St. 1108 South 6th St. '1213 South 6th St. 1312 Fairbanks SO 915 South 8th St. 704 South 10th St. 606 South 10th St. 805 North 4th St. goi Lineal Feet 4 ft. 10 Ft. Fence Fabric Gate Gate --t-,)6 1 k -v.) Li) i `L -\ 1 1 -t-1Cy21 1 1 285 lin' 285 lin' 200 lin' 210 lin' 180 lin' 179 lin' 240 lin' 181 lin' 1 2 1 2 Voz.;iz GULAG? U1 1 0 1 0 Number Corners 3 2 3 4 4 3 3 The Housing Foundation intends to use volunteer labor including homeowners, Ameri-Corps volunteers (if available), inmate volunteer labor and any other volunteers that contribute time, energy and effort to our organization. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: .. U. •• IS •. •• 2. Address: 801 Central Avenue, #72 3. Phone: Yakima, WA 98901 4. Contact Person:Robin Palachuk 5. Title of Service or Program being Funded: 6. Time Period: Beginning Ending •un _• • •• it 'SO •• 4? 771/71-y/, /9 7. Amount of Contract/Grant Award:86,100.00 8. This contract/grant award and the rights and obligations of both parties hereto shall be subject to and governed by the following, incorporated by reference herein as is fully set forth: 1) General terms and conditions attached hereto or Exhibit "A", 2) Scope of work attached hereto or Exhibit "B". This contract constitutes the entire agreement between the parties. Either party may request modification in the scope of services, project duration, performance or reporting standards, or other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this contrct signed by both parties. The City and Contracting Organization agree that this contract shall be modified if necessary to achieve compliance with requirements. IN WITNESS THEREOF the parties have executed this contract as of the day and year indicated below. KI:L/ Dixie 'L. acht, Block Grant Manager Date LSC ' 54 J.Valenzuela,Director f 4 Signature F94 Contracting Organization of CED Title Via'4F Date Date Richard A. Zais, Jr. City Manager Al LEST: City Clerk cnikair,lev 96-s/6 1 TERMS AND CONDITIONS EXHIBIT "A" I. DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates the Contracting Organization to undertake, and the Contracting Organization hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. II. SUB -GRANT A. Notice to Proceed No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (OND) shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. The City hereby sub -grants to the Contracting Organization $6,100.00 for said project. III. GENERAL BUDGET PROVISIONS The Contracting Organization agrees to the following provisions in satisfying the terms and conditions of this contract: A. Payment and Disbursements. Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contracting Organization or obligation of the Contracting Organization currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima OND of a written reimbursement request on forms provided by the City of Yakima OND supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima OND that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 and come within the Project Budget. 2 B. No payment shall be made for any service rendered by the Contracting Organization except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contracting Organization shall submit to the City of Yakima OND a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (10%) or more in an approved budget subject category. Written budget revision approval must be received by the Contracting Organization prior to the Contracting Organization incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contracting Organization budget does not exceed ten percent (10%) of an approved budget sub -object category, the Contracting Organization must submit a revised budget to the City of Yakirna OND prior to the submittal of claims against the budget. IV. COMMENCEMENT OF WORK The City of Yakima OND shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakirna OND. V. BILLING PROCEDURES A. The Contracting Organization shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed in the City of Yakirna OND. B. The City of Yakima OND, shall notify the Contracting Organization in writing of a proposed transfer, at least thirty (30) calendar days before the actual transference occurs. VII. LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. 3 VIII.BUDGET SURPLUS The Contracting Organization agrees that funds determined by the City of Yakima OND to be surplus at the end of the year within the budget of this Contract will be subject to cancellation by the City of Yakima OND and may be negotiated if they are to be included in future contracts. IX. COMPLIANCE WITH LAWS A. GENERAL The Contracting Organization, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to, Federal Community Development Block Grant Regulations; and other policies and guidelines established by the City of Yakima OHNC. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS The following federal provisions may apply, among others, to this contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contracting Organization shall provide whatever assistance is necessary to enable the City of Yakirna's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 4 1251 et. seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW (Prevailing Wage Rates). 9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contracting Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contracting Organization, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contracting Organization, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Environmental Review 1. NEPA The City of Yakima OHNC retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima OHNC may require the Contracting Organization to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. 2. SEPA The Contract Organization retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. 3. Compliance as Pre -Condition Performance by either the City of Yakima OND or the Contracting Organization under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. X. NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contracting Organization agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. The Contracting Organization shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; t I 1., .t1tJ, .1 i termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contracting Organization specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. XI. NON-DISCRIMINATION IN CLIENT SERVICES A. The Contracting Organization shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 6 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contracting Organization shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment_ or subcontract shall include appropriate safeguards against discrirnination in client services binding upon each contractor or subcontractor. The Contracting Organization shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XII. LICENSING AND PROGRAM STANDARDS The Contracting Organization agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XIII.INSPECTION AND INFORMATION A. At such times and on such forms as may be required, the Contracting Organization shall furnish reports, statements, records, data and information as may be requested by the City of Yakirna OND, State, United States Government, or other funding agency pertaining to matters covered by this Contract. B. The Contracting Organization agrees that representatives of the City of Yakirna, State and United States Government may make periodic evaluation/inspection of the facilities, records, and general performance of this Contract. The Contracting Organization further agrees that such evaluation may be rnade on a quarterly basis or 7 at other times deemed reasonable and proper by these representatives. C. The Contract Organization shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIV. SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XV. ASSIGNMENT AND/OR SUBCONTRACTING The Contracting Organization shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XVI. STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contracting Organization agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contracting Organization further agrees that the City of Yakima OND shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contracting Organization shall retain all books,records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract The Contracting Organization agrees that the City of Yakima, the U.S.Departrnent of Housing and Urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. 8 B. The Contracting Organization agrees that any contributions or payments made for services furnished under this agreement shall be used for the sole benefit of this program. XVII. PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contracting Organization. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contracting Organization under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person,partnership, corporation, association or organization without the prior express 9 approval of the City of Yakima OND. 7. Any nonexpendable personal property furnished to, or purchased by, the Contracting Organization, title to which is vested in the City of Yakima OND or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima OND or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima OND or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9 of Title 62A, RCW. 9. The Contracting Organization shall be responsible for any loss or damage to the property of the City of Yakima OND or federal government (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contracting Organization to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima OND or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY The Contracting Organization agrees to maintain program records and reports including statistical information and to make such records available for inspection by the City or its designee in order for the City to be assured that program services remain consistent with the terms of this contract. The Contracting Organization further agrees to provide written program statistical information to the City of Yakima OND in a manner prescribed by the Office at times as may be requested by the Office. XIX. RELATIONSHIP OF THE PARTIES A. The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakima OND is interested only in the results to be achieved, the implementation of services will lie solely with the Contracting Organization. No agent, employee, or representatives of the Contracting Organization shall be deemed to be an employee, agent, servant or 10 representative of the City of Yakima for any purpose, and the employees of the Contracting Organization are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contracting Organization will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Contract. XX. QUARTERLY REPORT The Contracting Organization agrees to submit a written quarterly report outlining the progress of Exhibit B, to the City of Yakima. XXI INSURANCE A. Public Liability and Property Damage. The Contractor shall maintain during the life of this Contract public liability and property darnage insurance covering the Contractor's services hereunder in the sum of not less than twenty thousand dollars for injury or darnage to property and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person. Insurance shall cover work done by the Contractor or subcontractors and shall protect, as named insured, the City frorn suits or claims for damages arising frorn operations under this Contract or actions of the Contractor, subcontractors, and employees either direct or indirect. B. Workmans compensation, The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. XXII.INDEMNIFICATION All services to be rendered or perforrned under this Contract will be perforrned or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or darnage they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs, or judgements against which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIII.HOLD HARMLESS All services to be rendered or perforrned under this Contract will be performed or rendered entirely at the Contracting 11 Organization's own risk and the Contracting Organization expressly agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage, inducing reasonable cost of defense they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgements against the City of Yakima which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIV.CONTRACT, TERMINATION AND CLOSE OUT If the Contracting Organization fails to comply with the terms and conditions of this Contract, the City of Yakima OHNC may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. Termination for Cause If the Contracting Organization fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of cornpliance with the provisions of this Contract are of such scope and nature that the City of Yakima OND deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contracting Organization has failed to take satisfactory corrective action as directed by the City of Yakima OND or its authorized representative within the time specified by same; 3. The Contracting Organization has failed within the time specified by the City of Yakima OND or its authorized representative to satisfactorily substantiate its cornpliance with the terms and conditions of this Contract, then: The City of Yakima OND inay terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contracting Organization. After this effective date, no charges incurred under any terminated portions are allowable. B. Terminations on Other Grounds This Contract may also be terminated in whole or in part by mutual agreement of the parties. 12 C. Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City of Yakima OHNC may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this contract. If the level of funding so reduced or limited is so great that the City of Yakima OND deems that the continuation of the program covered by this contract is no longer in the best interest of the public, the City of Yakima OND may summarily terminate this contract in whole nonwithstanding any other termination provisions of this contract. Termination under this Section shall be effective upon receipt of written notice by the Contracting Organization or its representative. The City of Yakima OHNC agrees to promptly notify the Contracting Organization of any proposed reduction in funding by Federal or other officials. The Contracting Organization agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This agreement may further be terminated by the City of Yakima upon written demand by the City of Yakima OND for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. Close-out In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contracting Organization, the City of Yakima shall make or arrange for payment to the Contracting Organization of allowable reimbursable costs not covered by previous payments; 2. The Contracting Organization shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakima OND retains the right to withhold a 13 just and reasonable sum from the final payment to the Contracting Organization after fully considering the recommendation on disallowed costs resulting from the final audit. XXV. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima OND shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXVI.CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate the right of the Contractor to proceed under this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City of Yakima makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. XXVII.RIGHTS IN DATA The City of Yakima OHNC may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The contractor hereby grants to the City of Yakima, a royalty - free, non-exclusive, and irrevocable license to publish, 14 translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima OND, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima OND, promptly and in written detail,each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima OND shall have the right at any time to modify, remove, obliterate, or ignore such markings. XXIX.RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Community Development Block Grant Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, and 4. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXX. VENUE STIPULATION This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and greed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpertation and performance. Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of 15 the courts of competent jurisdiction at Yakima in Yakima County, Washington. XXXI.MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXXII.SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXIII.PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXIV.CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contracting Organization, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Block Grant funded program. 16 EXHIBIT "B" Community Building Renovation PROJECT TITLE SCOPE OF WORK Yakima Housing Authority Resident Council CONTRACTING ORGANIZATION: 1. DESCRIPTION OF PROJECT: (Detailed description statement of the project/program, purpose of project/program, needs to be addressed and problems to be solved). Material costs for renovation of the public housing's community center and garage located at 615 North 15th Avenue. 2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when, indicators of progress/accomplishments). By expanding the finished space of the facility it will be possible to increase the educational, recreational, and economic opportunities available to the entire Yakima community. The expanded Yakima Housing Authority Community Center will provide increased opportunities for housing community service programs to the North Central residents. 17 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization:Southeast Neighborhood Improvement Committee, a Private Non -Profit Foundation. 2. Address: 309 Union Street Yakima, WA 98901 3. Phone: 457-1060 4. Contact Person:Maud Scott, Treasurer 5. Title of Service or Program being Funded: Reforestation Protect 6. Time Period: Beginning Ending 7. Amount of Contract/Grant Award:$11,250.00 8. This contract/grant award and the rights and obligations of both parties hereto shall be subject to and governed by the following, incorporated by reference herein as is fully set forth: 1) General terms and conditions attached hereto or Exhibit "A", 2) Scope of work attached hereto or Exhibit "B". This contract constitutes the entire agreement between the parties. Either party may request modification in the scope of services, project duration, performance or reporting standards, or other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this contrct signed by both parties. The City and Contracting Organization agree that this contract shall be modified if necessary to achieve compliance with requirements. IN WITNESS THEREOF the parties have executed this contract as of the day and year indicated below. r �/ r Dix e L." aht, Block Grant Manager Date ,7W„/ / _„-Glenn J:Valenzuela,Director of CED D Signature For Contractiiaag Organization, Maud Scott Title: Treasurer Date D /t e Richard -A. ax°s Jr., City ManP!ge ATTEST: 1 City Clerk City Contract No. 96-47 Resolution No. R-96-67 TERMS AND CONDITIONS EXHIBIT "A" I. DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates the Contracting Organization to undertake, and the Contracting Organization hereby agrees to undertake that certain community development or housing assistance proDect described in Exhibit "B", Scope of Work. II. SUB -GRANT A. Notice to Proceed No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (OND) shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. The City hereby sub -grants to the Contracting Organization $11,250.00 for said project. III. GENERAL BUDGET PROVISIONS The Contracting Organization agrees to the following provisions in satisfying the terms and conditions of this contract: A. Payment and Disbursements. Disbursements by the City of Yakima from this contract/grant award shall be on.a reimbursement basis covering actual expenditures by the Contracting Organization or obligation of the Contracting Organization currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima OND of a written reimbursement request on forms provided by the City of Yakima OND supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima OND that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 and come within the Project Budget. 2 B. No payment shall be made for any service rendered by the Contracting Organization except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contracting Organization shall submit to the City of Yakirna OND a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (l00) or more in an approved budget subject category. Written budget revision approval must be received by the Contracting Organization prior to the Contracting Organization incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contracting Organization budget does not exceed ten percent (l00) of an approved budget sub -object category, the Contracting Organization must submit a revised budget to the City of Yakima OND prior to the submittal of claims against the budget. IV. COMMENCEMENT OF WORK The City of Yakima OND shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima OND. V. BILLING PROCEDURES A. The Contracting Organization shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed in the City of Yakirna OND. B. The City of Yakima OND, shall notify the Contracting Organization in writing of a proposed transfer, at least thirty (30) calendar days before the actual transference occurs. VII. LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. 3 VIII.BUDGET SURPLUS The Contracting Organization agrees that funds determined by the City of Yakima OND to be surplus at the end of the year within the budget_ of this Contract will be subject to cancellation by the City of Yakima OND and may be negotiated if they are to be included in future contracts. IX. COMPLIANCE WITH LAWS A. GENERAL The Contracting Organization, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to, Federal Community Development Block Grant Regulations; and other policies and guidelines established by the City of Yakima OHNC. B. PROCUREMENT AND CONSTRNCTTON OR REPAIR PROJECT REOUTREMENTS The following federal provisions may apply, among others, to this contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contracting Organization shall provide whatever assistance is necessary to enahle the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 4 1251 et. seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW (Prevailing Wage Rates). 9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contracting Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contracting Organization, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contracting Organization, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Environmental Review 1. NEPA The City of Yakima OHNC retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima OHNC may require the Contracting Organization to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. 2. SEPA The Contract Organization retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. 3. Compliance as Pre -Condition Performance by either the City of Yakima OND or the Contracting Organization under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. X. NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contracting Organization agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. The Contracting Organization shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment_ advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contracting Organization specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. XI. NON-DISCRIMINATION IN CLIENT SERVICES A. The Contracting Organization shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 6 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contracting Organization shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Contracting Organization shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XII. LICENSING AND PROGRAM STANDARDS The Contracting Organization agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XIII.INSPECTION AND INFORMATION A. At such times and on such forms as may be required, the Contracting Organization shall furnish reports, statements, records, data and information as may be requested by the City of Yakima OND, State, United States Government, or other funding agency pertaining to matters covered by this Contract. B. The Contracting Organization agrees that representatives of the City of Yakima, State and United States Government may snake periodic evaluation/inspection of the facilities, records, and general performance of this Contract. The Contracting Organization further agrees that such evaluation may be made on a quarterly basis or 7 at other times deemed reasonable and proper by these representatives. C. The Contract Organization shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIV. SAFEGUARDING OF CLIENT INFORMATTON The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XV. ASSIGNMENT AND/OR SUBCONTRACTING The Contracting Organization shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XVI. STANDARDS FOR FISCAL ACCOtUNTABILITY A. The Contracting Organization agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to the Derfnrrnanre of this contract. .,uc., .. Lecords, �ocuiu�r�t�, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contracting Organization further agrees that the City of Yakima OND shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contracting Organization shall retain all books,records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contracting Organization agrees that the City of Yakima, the U.S.Departrnent of Housing and Urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. 8 B. The Contracting Organization agrees that any contributions or payments made for services furnished under this agreement shall be used for the sole benefit of this program. XVII. PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall he investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contracting Organization. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contracting Organization under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person,partnership, corporation, association or organization without the prior express 9 approval of the City of Yakirna OND. 7. Any nonexpendable personal property furnished to, or purchased by, the Contracting Organization, title to which is vested in the City of Yakima OND or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakirna OND or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakirna OND or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9 of Title 62A, RCW. 9. The Contracting Organization shall be responsible for any loss or damage to the property of the City of Yakima OND or federal governrnent (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contracting Organization to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima OND or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY The Contracting Organization agrees to maintain program records and reports including statistical information and to make such records available for inspection by the City or its designee in order for the City to be assured that program services remain consistent with the terms of this contract. The Contracting Organization further agrees to provide written program statistical information to the City of Yakima OND in a manner prescribed by the Office at times as may be requested by the Office. XIX. RELATIONSHIP OF THE PARTIES A. The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakima OND is interested only in the results to he achieved, the implementation of services will lie solely with the Contracting Organization. No agent, employee, or representatives of the Contracting Organization shall be deemed to be an employee, agent, servant or 10 representative of the City of Yakima for any purpose, and the employees of the Contracting Organization are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contracting Organization will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Contract. XX. QUARTERLY REPORT The Contracting Organization agrees to submit a written quarterly report outlining the progress of Exhibit B, to the City of Yakima. XXI. INSURANCE A. Public Liability and Property Damage. The Contractor shall maintain during the life of this Contract public liability and property damage insurance covering the Contractor's services hereunder in the sum of not less than twenty thousand dollars for injury or damage to property and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person. Insurance shall cover work done by the Contractor or subcontractors and shall protect, as named insured, the City from suits or claims for damages arising from operations under this Contract or actions of the Contractor, subcontractors, and employees either direct or indirect. B. Workmans compensation, The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. XXII.INDEMNIFICATION All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs, or judgements against which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIII.HOLD HARMLRSS All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting 11 Organization's own risk and the Contracting Organization expressly agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage, inducing reasonable cost of defense they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgements against the City of Yakima which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIV.CONTRACT, TERMINATION AND CLOSE OUT If the Contracting Organization fails to comply with the terms and conditions of this Contract_, the City of Yakima OHNC may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. Termination for Cause If the Contracting Organization fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the City of Yakima OND deems continuation of this Contract to be substantially non -beneficial to the public interest; The Contracting Organization has failed to take satisfactory corrective action as directed by the City of Yakima OND or its authorized representative within the time specified by same; 3. The Contracting Organization has failed within the time specified by the City of Yakima OND or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima OND inay terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contracting Organization. After this effective date, no charges incurred under any terminated portions are allowable. B. Terminations on Other Grounds This Contract may also be terminated in whole or in part by mutual agreement of the parties. 12 C. Termination for. Withdrawal, Reduction or. Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City of Yakima OHNC may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this contract. If the level of funding so reduced or lirnited is so great that the City of Yakima OND deems that the continuation of the program covered by this contract is no longer in the best interest of the public, the City of Yakima OND may summarily terminate this contract in whole nonwithstanding any other termination provisions of this contract. Termination under this Section shall be effective upon receipt of written notice by the Contracting Organization or its representative. The City of Yakima OHNC agrees to promptly notify the Contracting Organization of any proposed reduction in funding by Federal or other officials. The Contracting Organization agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This agreement may further be terminated by the City of Yakima upon written demand by the City of Yakima OND for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. Close-out In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contracting Organization, the City of Yakima shall make or arrange for payment to the Contracting Organization of allowable reimbursable costs not covered by previous payments; 2. The Contracting Organization shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakima OND retains the right to withhold a 13 just and reasonable sure from the final payment to the Contracting Organization after fully considering the recommendation on disallowed costs resulting from the final audit. XXV. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima OND shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXVI.CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate the right of the Contractor to proceed under this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City of Yakima makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. XXVII.RIGHTS IN DATA The City of Yakima OHNC may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The contractor hereby grants to the City of Yakima, a royalty - free, non-exclusive, and irrevocable license to publish, 14 translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the perforrnance of this contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima OND, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the perforrnance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima OND, promptly and in written detail,each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima OND shall have the right at any time to modify, remove, obliterate, or ignore such markings. XXIX.RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Community Development Block Grant Regulations. 2. General Terms and Conditions (Exhibit_ A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, and 4. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXX. VENUE STIPULATTON This Contract has been and shall he construed as having been entered into and delivered within the State of Washington, and it is mutually understood and greed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpertation and performance. Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of 15 the courts of competent jurisdiction at Yakima in Yakima County, Washington. XXXI.MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXXII.SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXIII.PROCRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXIV.CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contracting Organization, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Block Grant funded program. 16 EXHIBIT "B" SCOPE OF WORK Reforestation Project PROJECT TITLE Southeast Neighborhood Improvement Committee, a Private Non -Profit Foundation. CONTRACTING ORGANIZATION: 1. DESCRIPTION OF PROJECT: (Detailed description statement of the project/program, purpose of project/program, needs to be addressed and problems to be solved). Funding for materials and supplies for student research on trees, their environment, planting, and maintenance. All of this information will be formulated into informational pamphlets for community use. Trees will be purchased and planted with an opportunity for marketing to the public for a reforestation of the Southeast and Northeast areas of Yakima. 2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when, indicators of progress/accomplishments). The reforestation project offers youth a chance to become vested in neighborhood improvement by directly changing an abused landscape to a beautiful cityscape they can be proud of for a lifetime. The partnership with the Quantum Opportunities Program will provide opportunities to educate high school students, their families and friends about many aspects of community, landscaping and planning for positive changes. In the process they will gain experience in salesmanship and cooperation, while improving the visual quality of their neighborhood. 17 A RESOLUTION RESOLUTION NO. R-96- 67 authorizing the City Manager and the City Clerk of the City of Yakima to execute various agreements to implement the Neighborhood Improvement Program. WHEREAS, the City of Yakima is a recipient of 1996 Federal Community Development Block Grant funds which may be used among other things, for Neighborhood Improvement Projects; and WHEREAS, the Community Development Advisory Committee devoted many volunteer hours preparing their 1996 recommendations for funding of Neighborhood Improvement Projects for the City of Yakima; and WHEREAS, at its April 16, 1996 meeting, the City Council considered and approved seven Neighborhood Improvement Projects to be funded with Community Development Block Grant funds through the Neighborhood Improvement Program; and WHEREAS, the City desires that the funding be conditioned upon execution of an agreement for each of the seven Neighborhood Improvement Projects with the respective Neighborhood Group Project Sponsor; and WHEREAS, each of the respective organizations are willing to implement the seven Neighborhood Improvement Projects in accordance with the terms and conditions of the attached and incorporated agreements; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with each of these organizations for the seven Neighborhood Improvement Projects in accordance with the terms and conditions of the attached agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated agreements between the City of Yakima and the respective Neighborhood Group Project Sponsor in order to implement seven Neighborhood Improvement Projects approved by City Council on April 16, 1996. ADOPTED BY THE CITY COUNCIL this 4th day of June , 1996. S/ LYNN K. BUCHANAN ATTEST: Lynn Buchanan, Mayor 1:.. S. ROBERTS, CMC City Clerk B.,JINESS OF THE CITY COUNCi_. YAKIMA, WASHINGTON AGENDA STATEMENT Item No: 1 For Meeting of: ,June 4, 1996 ITEM TITLE: 1996 Neighborhood Improvement Program SUBMITTED BY Glenn J. Valenzuela, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Dixie Kracht, Block Grant Manager (575-6101) SUMMARY EXPLANATION: With funds from the 1996 Community Development Block Grant, the City of Yakima Office of Neighborhood Development Services sponsored a Neighborhood Improvement Program and established a $50,000 grant for community groups to make improvements to their neighborhoods. The Community Development Advisory Committee outlined the criteria, developed an application process, offered technical assistance and workshops to help neighborhood groups understand and comply with the qualifications to complete the application. The projects were presented at a Community Development Advisory Committee meeting on March 14, 1996 and submitted for City Council approval on April 16th. The following seven projects received a recommendation from the Community Development Advisory Committee and received City Council's approval: Project Description Applicant Approved Amount Residential Fencing for the HOPE 3 families - Housing Foundation - = Yakima Housing Authority's Community Center - YHA's Resident Council - Community Reforestation - $ 5,000. $ 6,100. South East Neighborhood Improvement Committee -$11,250. Rehabilitation center new carpet and landscaping Parkway Place - Educational community seminars.- Asociacions de Barrios Hispanos- Neighborhood clean-up, residential painting - Pilgrim Rest Baptist Church - Gymnasium equipment, tables and chairs - Southeast Community Center- $ 2,110. $ 5,500. $ 5,000. $10,000. EXHIBITS X Resolution _ Ordinance Contract Other (Specify)_ Funding Source Communit Development Block Grant Approval for Submittal City Manager STAFF RECOMMENDATION: Approve the attached resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-96-67 Excerpt from April 16. 1996 Minutes 8. REPORT FROM COMMUNITY DEVELOPMENT REGARDING NEIGHBORHOOD IMPROVEMENT PROJECTS Dixie Kracht, Block Grant Manager, introduced Carol Fredrickson, Chairperson of the Community Development Advisory Committee. Ms. Fredrickson introduced the Committee members in attendance and answered questions from the Council about the process. Committee members are assigned to each project to monitor the outcome of the grant. She also reported the funds made available from the withdrawal of the Parks & Recreation application will be placed into the Contingency Fund to be decided later. Council Member Beauchamp also commented that it should be an accountable process and should encourage neighborhood commitment. The Residential Fencing Project requested by the Housing Foundation, Project #2, was reviewed, details of the proposal discussed, and additional information provided. It was MOVED BY BEAUCHAMP, SECONDED BY BERGER, TO APPROVE THE REQUEST. The motion carried by unanimous voice vote. The Yakima Housing Authority Resident's Community Center Project, Project #4, was reviewed, details of the proposal discussed, and additional information provided. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO APPROVE THE REQUEST. The motion carried by unanimous voice vote. The South East Neighborhood Reforestation Project, Project #5, was reviewed, details of the proposal discussed and additional information provided. It was MOVED BY BERGER, SECONDED BY BEAUCHAMP, TO APPROVE THE REQUEST. The motion carried by unanimous voice vote. The Parkway Place Project, Project #7, was reviewed, details of the proposal discussed, and additional information provided. It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO APPROVE THE PROJECT. The motion carried by a 5-2 voice vote; Klingele and Berger voting nay. The Associacions De Barrios Hispanos Project, Project #8, was reviewed, details of the proposal discussed, and additional information provided. It was MOVED BY BEAUCHAMP, SECONDED BY PUCCINELLI, TO APPROVE THE REQUEST. The motion carried by unanimous voice vote. The Pilgrim Rest Southeast Clean Up Project, Project #9, was reviewed, details of the proposal discussed, and additional information provided. It was MOVED BY BARNETT, SECONDED BY SIMS, TO APPROVE THE REQUEST. The motion carried by unanimous voice vote. The Southeast Yakima Community Center Gym Equipment Project, Project #11, was presented. It was MOVED BY BARNETT, SECONDED BY SIMS, TO APPROVE THE REQUEST. The motion carried by unanimous voice vote. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization:Triumph Treatment Services 2. Address: 102 South Naches Ave. Yakima, WA 98901 3. Phone: 24B-1800 4. Contact Person:Billie J. Cox 5. Title of Service or Program being Funded:Parkwav Place Transitional Housing 6. Time Period: Beginning Ending /)>1 R! V /'� /e1 /) 7. Amount of Contract/Grant Award:2,110.00 8. This contract/grant award and the rights and obligations of both parties hereto shall be subject to and governed by the following, incorporated by reference herein as is fully set forth: 1) General terms and conditions attached hereto or Exhibit "A", 2) Scope of work attached hereto or Exhibit "B". This contract constitutes the entire agreement between the parties. Either party may request modification in the scope of services, project duration, performance or reporting standards, or other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this contrct signed by both parties. The City and Contracting Organization agree that this contract shall be modified if necessary to achieve compliance with requirements. IN WITNESS THEREOF the parties have executed this contract as of the day and year indicated below. Signature For Title Dixie L. -- t, Block Grant Manager Date i A+OrAd.J.Valenzuela,Director of CED Date Lc'/— y b Date ontr cting Organization Richard A. Zais, Jr. City Manager AI 1EST: City Clerk Iry mm pic r TERMS AND CONDITIONS EXHIBIT "A" I. DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates the Contracting Organization to undertake, and the Contracting Organization hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. II. SUB -GRANT A. Notice to Proceed No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (OND) shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. The City hereby sub -grants to the Contracting Organization $2,110.00 for said project. III. GENERAL BUDGET PROVISIONS The Contracting Organization agrees to the following provisions in satisfying the terms and conditions of this contract: A. Payment and Disbursements. Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contracting Organization or obligation of the Contracting Organization currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima OND of a written reimbursement request on forms provided by the City of Yakima OND supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima OND that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 and come within the Project Budget. 2 B. No payment shall be made for any service rendered by the Contracting Organization except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contracting Organization shall submit to the City of Yakima OND a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (10a) or more in an approved budget subject category. Written budget revision approval must be received by the Contracting Organization prior to the Contracting Organization incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contracting Organization budget does not exceed ten percent (l00) of an approved budget sub -object category, the Contracting Organization must submit a revised budget to the City of Yakima OND prior to the submittal of claims against the budget. IV. COMMENCEMENT OF WORK The City of Yakima OND shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima OND. V. BILLING PROCEDURES A. The Contracting Organization shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed in the City of Yakima OND. B. The City of Yakima OND, shall notify the Contracting Organization in writing of a proposed transfer, at least thirty (30) calendar days before the actual transference occurs. VII. LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. 3 VIII.BUDGET SURPLUS The Contracting Organization agrees that funds determined by the City of Yakirna OND to be surplus at the end of the year within the budget of this Contract will be subject to cancellation by the City of Yakirna OND and may be negotiated if they are to be included in future contracts. IX. COMPLIANCE WITH LAWS A. GENERAL The Contracting Organization, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to, Federal Community Development Block Grant Regulations; and other policies and guidelines established by the City of Yakima OHNC. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REOUIREMENTS The following federal provisions may apply, among others, to this contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contracting Organization shall provide whatever assistance is necessary to enable the City of Yakirna's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 4 1251 et. seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW (Prevailing Wage Rates). 9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contracting Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contracting Organization, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contracting Organization, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Environmental Review 1. NEPA The City of Yakima OHNC retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima OHNC may require the Contracting Organization to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. 2. SEPA The Contract Organization retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. 3. Compliance as Pre -Condition Performance by either the City of Yakima OND or the Contracting Organization under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. X. NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contracting Organization agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. The Contracting Organization shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contracting Organization specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. XI. NON-DISCRIMINATION IN CLIENT SERVICES A. The Contracting Organization shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 6 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contracting Organization shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Contracting Organization shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XII. LICENSING AND PROGRAM STANDARDS The Contracting Organization agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XIII.INSPECTION AND INFORMATION A. At such times and on such forms as may be required, the Contracting Organization shall furnish reports, statements, records, data and information as may be requested by the City of Yakima OND, State, United States Government, or other funding agency pertaining to matters covered by this Contract. B. The Contracting Organization agrees that representatives of the City of Yakima, State and United States Government_ may make periodic evaluation/inspection of the facilities, records, and general performance of this Contract. The Contracting Organization further agrees that such evaluation may be made on a quarterly basis or 7 at other times deemed reasonable and proper by these representatives. C. The Contract Organization shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIV. SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XV. ASSIGNMENT AND/OR SUBCONTRACTING The Contracting Organization shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terrns and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XVI. STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contracting Organization agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contracting Organization further agrees that the City of Yakima OND shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terrns of this Contract. The Contracting Organization shall retain all books,records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contracting Organization agrees that the City of Yakima, the U.S.Department of Housing and Urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. 8 B. The Contracting Organization agrees that any contributions or payments made for services furnished under this agreement shall be used for the sole benefit of this program. XVII. PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contracting Organization. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contracting Organization under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person,partnership, corporation, association or organization without the prior express 9 approval of the City of Yakirna OND. 7. Any nonexpendable personal property furnished to, or purchased by, the Contracting Organization, title to which is vested in the City of Yakima OND or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakirna OND or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima OND or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9 of Title 62A, RCW. 9. The Contracting Organization shall be responsible for any loss or damage to the property of the City of Yakima OND or federal government (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contracting Organization to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima OND or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY The Contracting Organization agrees to maintain program records and reports including statistical information and to make such records available for inspection by the City or its designee in order for the City to be assured that program services remain consistent with the terms of this contract. The Contracting Organization further agrees to provide written program statistical information to the City of Yakirna OND in a manner prescribed by the Office at times as may be requested by the Office. XIX. RELATIONSHIP OF THE PARTIES A. The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakirna OND is interested only in the results to be achieved, the implementation of services will lie solely with the Contracting Organization. No agent, employee, or representatives of the Contracting Organization shall be deemed to be an employee, agent, servant or 10 representative of the City of Yakima for any purpose, and the employees of the Contracting Organization are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contracting Organization will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Contract. XX. QUARTERLY REPORT The Contracting Organization agrees to submit a written quarterly report outlining the progress of Exhibit B, to the City of Yakima. XXI. INSURANCE A. Public Liability and Property Damage. The Contractor shall maintain during the life of this Contract public liability and property darnage insurance covering the Contractor's services hereunder in the sum of not less than twenty thousand dollars for injury or damage to property and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person. Insurance shall cover work done by the Contractor or subcontractors and shall protect, as named insured, the City from suits or claims for damages arising from operations under this Contract or actions of the Contractor, subcontractors, and employees either direct or indirect. B. Workmans compensation. The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. XXII.INDEMNIFICATION All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or darnage they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs, or judgements against which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIII.HOLD HARMLESS All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting 11 Organization's own risk and the Contracting Organization expressly agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage, inducing reasonable cost of defense they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgements against the City of Yakima which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIV.CONTRACT, TERMINATION AND CLOSE OUT If the Contracting Organization fails to cornply with the terms and conditions of this Contract, the City of Yakima OHNC may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. Termination for. Cause If the Contracting Organization fails to cornply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the City of Yakima OND deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contracting Organization has failed to take satisfactory corrective action as directed by the City of Yakima OND or its authorized representative within the time specified by same; 3. The Contracting Organization has failed within the time specified by the City of Yakima OND or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima OND may terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contracting Organization. After this effective date, no charges incurred under any terminated portions are allowable. B. Terminations on Other Grounds This Contract may also be terminated in whole or in part by mutual agreement of the parties. 12 C. Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City of Yakirna OHNC may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this contract. If the level of funding so reduced or limited is so great that the City of Yakima OND deems that the continuation of the program covered by this contract is no longer in the best interest of the public, the City of Yakima OND may summarily terminate this contract in whole nonwithstanding any other termination provisions of this contract. Termination under this Section shall be effective upon receipt of written notice by the Contracting Organization or its representative. The City of Yakima OHNC agrees to promptly notify the Contracting Organization of any proposed reduction in funding by Federal or other officials. The Contracting Organization agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This agreement may further be terminated by the City of Yakima upon written demand by the City of Yakima OND for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. Close-out In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contracting Organization, the City of Yakirna shall make or arrange for payment to the Contracting Organization of allowable reimbursable costs not covered by previous payments; 2. The Contracting Organization shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakirna OND retains the right to withhold a 13 just and reasonable sum from the final payment to the Contracting Organization after fully considering the recommendation on disallowed costs resulting from the final audit. XXV. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima OND shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXVI.CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate the right of the Contractor to proceed under this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City of Yakima makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. XXVII.RIGHTS IN DATA The City of Yakima OHNC may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The contractor hereby grants to the City of Yakima, a royalty - free, non-exclusive, and irrevocable license to publish, 14 translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima OND, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima OND, promptly and in written detail,each notice or claire of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima OND shall have the right at any time to modify, remove, obliterate, or ignore such markings. XXIX.RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Corrununity Development Block Grant Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, and 4. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXX. VENUE STIPULATION This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and greed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpertation and performance. Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of 15 the courts of competent jurisdiction at Yakima in Yakima County, Washington. XXXI.MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXXII.SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXIII.PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract tirne period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXIV.CONFLICT OF TNTEREST No member, officer, or employee of the City of Yakima, or the Contracting Organization, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Block Grant funded program. 16 EXHIBIT "B" SCOPE OF WORK Parkwav Place Transitional Housing PROJECT TITLE Triumph Treatment Services CONTRACTING ORGANIZATION: 1. DESCRIPTION OF PROJECT: (Detailed description statement of the project/program, purpose of project/program, needs to be addressed and problems to be solved). The cleanup and landscaping in a right -away area at 9 South Naches Avenue, and the installation of hall carpeting and stairs in the transitional apartment building. 2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when, indicators of progress/accomplishments). Tenants of Parkway Place will become more positive about themselves, their environment and the lives of others around them. People that are proud of their surroundings are more likely to take better care of them. The improvement of the exterior will add to the beautification of this location and the improvement of the interior will add to productivity and positive attitudes, which will benefit our total community. 17 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization:Asociacion de Barrios Hisnanos 2. Address: Del Norte Business Center/24 South 3rd Avenue Yakima, WA 98902 3. Phone: 574-8067 4. Contact Person:Manual Rodriguez 5. Title of Service or Program being Funded:Educational Seminars to Community Residents 6. Time Period: Beginning Ending 7. Amount of Contract/Grant Award:55,500.00 8. This contract/grant award and the rights and obligations of both parties hereto shall be subject to and governed by the following, incorporated by reference herein as is fully set forth: 1) General terms and conditions attached hereto or Exhibit "A", 2) Scope of work attached hereto or Exhibit "B" This contract constitutes the entire agreement between the parties. Either party may request modification in the scope of services, project duration, performance or reporting standards, or other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this contrct signed by both parties. The City and Contracting Organization agree that this contract shall be modified if necessary to achieve compliance with requirements. IN WITNESS THEREOF the parties have executed this contract as of the day and year indicated below. Dixie L. Kr._ ht, Block Grant Manager Date J.Valenzuela,Director of CED 5-72//9.& J// Date Signatu4e Title C►ntracting Organization f e7- /'1 /% Date Richard A. Zais, Jr. City anager A 1'ThST: City Clerk TERMS AND CONDITIONS EXHIBIT "A" I. DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates the Contracting Organization to undertake, and the Contracting Organization hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. II. SUB -GRANT A. Notice to Proceed No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (OND) shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. The City hereby sub -grants to the Contracting Organization $5,500.00 for said project. III. GENERAL BUDGET PROVISIONS The Contracting Organization agrees to the following provisions in satisfying the terms and conditions of this contract: A. Payment and Disbursements. Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contracting Organization or obligation of the Contracting Organization currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima OND of a written reimbursement request on forms provided by the City of Yakima OND supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima OND that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 and come within the Project Budget. 2 B. No payment shall be made for any service rendered by the Contracting Organization except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contracting Organization shall submit to the City of Yakima OND a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (100) or more in an approved budget subject category. Written budget revision approval must be received by the Contracting Organization prior to the Contracting Organization incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contracting Organization budget does not exceed ten percent (100) of an approved budget sub -object category, the Contracting Organization roust submit a revised budget to the City of Yakima OND prior to the submittal of claims against the budget. IV. COMMENCEMENT OF WORK The City of Yakima OND shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima OND. V. BILLING PROCEDURES A. The Contracting Organization shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed in the City of Yakima OND. B. The City of Yakima OND, shall notify the Contracting Organization in writing of a proposed transfer, at least thirty (30) calendar days before the actual transference occurs. VII. LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. 3 VIII. BUDGET SURPLUS The Contracting Organization agrees that funds determined by the City of Yakima OND to be surplus at the end of the year within the budget of this Contract will be subject to cancellation by the City of Yakima OND and may be negotiated if they are to be included in future contracts. IX. COMPLIANCE WITH LAWS A. GENERAL The Contracting Organization, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to, Federal Community Development Block Grant Regulations; and other policies and guidelines established by the City of Yakima OHNC. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REOUIREMENTS The following federal provisions may apply, among others, to this contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contracting Organization shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 4 1251 et. seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW (Prevailing Wage Rates). 9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contracting Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contracting Organization, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contracting Organization, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Environmental Review 1. NEPA The City of Yakima OHNC retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima OHNC may require the Contracting Organization to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. 2. SEPA The Contract Organization retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. 3. Compliance as Pre -Condition Performance by either the City of Yakima OND or the Contracting Organization under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. X. NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contracting Organization agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. The Contracting Organization shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contracting Organization specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. XI. NON-DISCRIMTNATION IN CLIENT SERVICES A. The Contracting Organization shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 6 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford hirn an opportunity to do so which is different from that afforded others under this Contract. B. The Contracting Organization shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Contracting Organization shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XII. LICENSING AND PROGRAM STANDARDS The Contracting Organization agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XIII.INSPECTION AND INFORMATION A. At such times and on such forms as may be required, the Contracting Organization shall furnish reports, statements, records, data and information as may be requested by the City of Yakima OND, State, United States Government, or other funding agency pertaining to matters covered by this Contract. B. The Contracting Organization agrees that representatives of the City of Yakima, State and United States Government may make periodic evaluation/inspection of the facilities, records, and general performance of this Contract. The Contracting Organization further agrees that such evaluation may be made on a quarterly basis or 7 at other times deemed reasonable and proper by these representatives. C. The Contract Organization shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIV. SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XV. ASSIGNMENT AND/OR SUBCONTRACTING The Contracting Organization shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terrns and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XVI. STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contracting Organization agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contracting Organization further agrees that the City of Yakima OND shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terrns of this Contract. The Contracting Organization shall retain all books,records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contracting Organization agrees that the City of Yakima, the U.S.Departrnent of Housing and Urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. 8 B. The Contracting Organization agrees that any contributions or payments made for services furnished under this agreement shall be used for the sole benefit of this program. XVII. PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contracting Organization. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contracting Organization under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person,partnership, corporation, association or organization without the prior express 9 approval of the City of Yakima OND. 7. Any nonexpendable personal property furnished to, or purchased by, the Contracting Organization, title to which is vested in the City of Yakima OND or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima OND or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima OND or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9 of Title 62A, RCW. 9. The Contracting Organization shall be responsible for any loss or damage to the property of the City of Yakima OND or federal government (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contracting Organization to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima OND or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY The Contracting Organization agrees to maintain program records and reports including statistical information and to make such records available for inspection by the City or its designee in order for the City to be assured that program services remain consistent with the terms of this contract. The Contracting Organization further agrees to provide written program statistical information to the City of Yakima OND in a manner prescribed by the Office at times as may be requested by the Office. XIX. RELATIONSHIP OF THE PARTIES A. The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakima OND is interested only in the results to be achieved, the implementation of services will lie solely with the Contracting Organization. No agent, employee, or representatives of the Contracting Organization shall be deemed to be an employee, agent, servant or 10 representative of the City of Yakima for any purpose, and the employees of the Contracting Organization are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contracting Organization will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Contract. XX. OUARTERLY REPORT The Contracting Organization agrees to submit a written quarterly report outlining the progress of Exhibit B, to the City of Yakima. XXI. INSURANCE A. Public Liability and Property DamacTe, The Contractor shall maintain during the life of this Contract public liability and property damage insurance covering the Contractor's services hereunder in the sum of not less than twenty thousand dollars for injury or damage to property and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person. Insurance shall cover work done by the Contractor or subcontractors and shall protect, as named insured, the City from suits or claims for damages arising from operations under this Contract or actions of the Contractor, subcontractors, and employees either direct or indirect. B. Workmans compensation. The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. XXII.INDEMNIFICATION All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs, or judgements against which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIII.HOLD HARMLESS All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting 11 Organization's own risk and the Contracting Organization expressly agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage, inducing reasonable cost of defense they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgements against the City of Yakima which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIV.CONTRACT, TERMINATION AND CLOSE OUT If the Contracting Organization fails to comply with the terms and conditions of this Contract, the City of Yakima OHNC may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. Termination for Cause If the Contracting Organization fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the City of Yakima OND deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contracting Organization has failed to take satisfactory corrective action as directed by the City of Yakima OND or its authorized representative within the time specified by same; 3 The Contracting Organization has failed within the time specified by the City of Yakima OND or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima OND may terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contracting Organization. After this effective date, no charges incurred under any terminated portions are allowable. B. Terminations on Other Grounds This Contract may also be terminated in whole or in part by mutual agreement of the parties. 12 C. Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City of Yakima OHNC may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this contract. If the level of funding so reduced or limited is so great that the City of Yakima OND deems that the continuation of the program covered by this contract is no longer in the best interest of the public, the City of Yakima OND may summarily terminate this contract in whole nonwithstanding any other termination provisions of this contract. Termination under this Section shall be effective upon receipt of written notice by the Contracting Organization or its representative. The City of Yakima OHNC agrees to promptly notify the Contracting Organization of any proposed reduction in funding by Federal or other officials. The Contracting Organization agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This agreement may further be terminated by the City of Yakima upon written demand by the City of Yakima OND for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. Close-out In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contracting Organization, the City of Yakima shall make or arrange for payment to the Contracting Organization of allowable reimbursable costs not covered by previous payments; 2. The Contracting Organization shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakima OND retains the right to withhold a 13 just and reasonable surn frorn the final payment to the Contracting Organization after fully considering the recommendation on disallowed costs resulting from the final audit. XXV. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima OND shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct frorn the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXVI.CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate the right of the Contractor to proceed under this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City of Yakima makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. XXVII.RIGHTS IN DATA The City of Yakima OHNC may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The contractor hereby grants to the City of Yakima, a royalty - free, non-exclusive, and irrevocable license to publish, 14 translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima OND, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima OND, promptly and in written detail,each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima OND shall have the right at any time to modify, remove, obliterate, or ignore such markings. XXIX.RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Cornrnunity Development Block Grant Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, and 4. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXX. VENUE STIPULATION This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and greed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpertation and performance. Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of 15 the courts of competent jurisdiction at Yakima in Yakima County, Washington. XXXI.MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXXII.SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXIII.PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXIV.CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contracting Organization, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Block Grant funded program. 16 EXHIBIT "B" SCOPE OF WORK Educational Seminars to Community Residents PROJECT TITLE Asociacion de Barrios Hisoanos CONTRACTING ORGANIZATION: 1. DESCRIPTION OF PROJECT: (Detailed description statement of the project/program, purpose of project/program, needs to be addressed and problems to be solved). Educational seminars in law enforcement, citizenship and job placement, all related to civic responsibilities in our community. Priority will be given to Yakima area residents. 2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when, indicators of progress/accomplishments). Provide citizenship classes incorporating survival skills training related to civic responsibility issues in regard to laws about mandatory liability insurance for cars, drinking and driving, zoning issues, code and city ordinances, in regard to housing and parking issues, and citizen rights. Experts from the Department of Licensing, Yakima Police Department, attorneys and insurance representatives will be utilized. After participating in the classes graduates will have available to them a job bank for employment opportunities. 17 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization:The Housing Foundation 2. Address: 107 South 6th Street Yakima, WA 98901 3. Phone: 248-7802 4. Contact Person:Sharon White, Program Facilitator 5. Title of Service or Program being Funded:Pilarim Rest Baptist Church Southeast Cleanup/Paint 6. Time Period: Beginning ✓) Ending ;;r , V 7. Amount of Contract/Grant Award:5,000.00 G•' 8. This contract/grant award and the rights and obligations of both parties hereto shall be subject to and governed by the following, incorporated by reference herein as is fully set forth: 1) General terms and conditions attached hereto or Exhibit "A", 2) Scope of work attached hereto or Exhibit "B". This contract constitutes the entire agreement between the parties. Either party may request modification in the scope of services, project duration, performance or reporting standards, or other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this contrct signed by both parties. The City and Contracting Organization agree that this contract shall be modified if necessary to achieve compliance with requirements. IN WITNESS THEREOF the parties have executed this contract as of the day and year indicated below. Dixie L. , ht, Block Grant Manager Date Glenn J.Valenzuela,Director of CED Date S'gnature For Contracting Organization Richard A. Zais, Jr. City Manager A 1"1IST: 1 City Clerk cm OOMoRAOT No: RESOLUTION ION MO: / — 7 Date TERMS AND CONDITIONS EXHIBIT "A" I. DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates the Contracting Organization to undertake, and the Contracting Organization hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. II. SUB -GRANT A. Notice to Proceed No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (OND) shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. The City hereby sub -grants to the Contracting Organization $5,000.00 for said project. III. GENERAL BUDGET PROVISIONS The Contracting Organization agrees to the following provisions in satisfying the terms and conditions of this contract: A. Payment and Disbursements. Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contracting Organization or obligation of the Contracting Organization currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima OND of a written reimbursement request on forms provided by the City of Yakima OND supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima OND that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 and come within the Project Budget. 2 B. No payment shall be made for any service rendered by the Contracting Organization except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contracting Organization shall submit to the City of Yakima OND a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (100) or more in an approved budget subject category. Written budget revision approval must be received by the Contracting Organization prior to the Contracting Organization incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contracting Organization budget does not exceed ten percent (100) of an approved budget sub -object category, the Contracting Organization must submit a revised budget to the City of Yakima OND prior to the submittal of claims against the budget. IV. COMMENCEMENT OF WORK The City of Yakima OND shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima OND. V. BILLING PROCEDURES A. The Contracting Organization shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed in the City of Yakima OND. B. The City of Yakima OND, shall notify the Contracting Organization in writing of a proposed transfer, at least thirty (30) calendar days before the actual transference occurs. VII. LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. 3 VIII.BUDGET SURPLUS The Contracting Organization agrees that funds determined by the City of Yakima OND to be surplus at the end of the year within the budget of this Contract will be subject to cancellation by the City of Yakima OND and may be negotiated if they are to be included in future contracts. IX. COMPLIANCE WITH LAWS A. GENERAL The Contracting Organization, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to, Federal Community Development Block Grant Regulations; and other policies and guidelines established by the City of Yakima OHNC. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS The following federal provisions may apply, among others, to this contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contracting Organization shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 4 1251 et. seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW (Prevailing Wage Rates). 9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contracting Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contracting Organization, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contracting Organization, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Environmental Review 1. NEPA The City of Yakima OHNC retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima OHNC may require the Contracting Organization to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. 2. SEPA The Contract Organization retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. 3. Cornpliance as Pre -Condition Performance by either the City of Yakima OND or the Contracting Organization under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. X. NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contracting Organization agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. The Contracting Organization shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contracting Organization specifically agrees to abide by the Office of Federal Contract Cornpliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. XI. NON-DISCRIMINATION IN CLIENT SERVICES A. The Contracting Organization shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 6 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contracting Organization shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Contracting Organization shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XII. LICENSING AND PROGRAM STANDARDS The Contracting Organization agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XIII.INSPECTION AND INFORMATION A. At such times and on such forms as may be required, the Contracting Organization shall furnish reports, statements, records, data and information as may be requested by the City of Yakima OND, State, United States Government, or other funding agency pertaining to matters covered by this Contract. B. The Contracting Organization agrees that representatives of the City of Yakima, State and United States Government may make periodic evaluation/inspection of the facilities, records, and general performance of this Contract. The Contracting Organization further agrees that such evaluation may be made on a quarterly basis or 7 at other times deemed reasonable and proper by these representatives. C. The Contract Organization shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIV. SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XV. ASSIGNMENT AND/OR SUBCONTRACTING The Contracting Organization shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XVI. STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contracting Organization agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contracting Organization further agrees that the City of Yakima OND shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contracting Organization shall retain all books,records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contracting Organization agrees that the City of Yakima, the U.S.Department of Housing and Urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. 8 B. The Contracting Organization agrees that any contributions or payments made for services furnished under this agreement shall be used for the sole benefit of this program. XVII. PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, darnage, or theft to the property. Any loss, darnage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contracting Organization. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contracting Organization under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person,partnership, corporation, association or organization without the prior express 9 approval of the City of Yakima OND. 7. Any nonexpendable personal property furnished to, or purchased by, the Contracting Organization, title to which is vested in the City of Yakima OND or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima OND or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima OND or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9 of Title 62A, RCW. 9. The Contracting Organization shall be responsible for any loss or damage to the property of the City of Yakima OND or federal government (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contracting Organization to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima OND or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY The Contracting Organization agrees to maintain program records and reports including statistical information and to make such records available for inspection by the City or its designee in order for the City to be assured that program services remain consistent with the terms of this contract. The Contracting Organization further agrees to provide written program statistical information to the City of Yakima OND in a manner prescribed by the Office at times as may be requested by the Office. XIX. RELATIONSHIP OF THE PARTIES A. The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakima OND is interested only in the results to be achieved, the implementation of services will lie solely with the Contracting Organization. No agent, employee, or representatives of the Contracting Organization shall be deemed to be an employee, agent, servant or 10 representative of the City of Yakima for any purpose, and the employees of the Contracting Organization are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contracting Organization will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Contract. XX. OUARTERLY REPORT The Contracting Organization agrees to submit a written quarterly report outlining the progress of Exhibit B, to the City of Yakima. XXI. INSURANCE A. Public Liability and Property Damage. The Contractor shall maintain during the life of this Contract public liability and property darnage insurance covering the Contractor's services hereunder in the sum of not less than twenty thousand dollars for injury or damage to property and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person. Insurance shall cover work done by the Contractor or subcontractors and shall protect, as named insured, the City from suits or claims for damages arising from operations under this Contract or actions of the Contractor, subcontractors, and employees either direct or indirect. B. Workmans compensation. The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. XXII.INDEMNIFICATION All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or darnage they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs, or judgements against which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIII.HOLD HARMLESS All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting 11 Organization's own risk and the Contracting Organization expressly agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage, inducing reasonable cost of defense they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgements against the City of Yakima which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIV.CONTRACT, TERMINATION AND CLOSE OUT If the Contracting Organization fails to comply with the terms and conditions of this Contract, the City of Yakima OHNC may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. Termination for Cause If the Contracting Organization fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of cornpliance with the provisions of this Contract are of such scope and nature that the City of Yakima OND deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contracting Organization has failed to take satisfactory corrective action as directed by the City of Yakima OND or its authorized representative within the time specified by same; 3. The Contracting Organization has failed within the time specified by the City of Yakima OND or its authorized representative to satisfactorily substantiate its cornpliance with the terms and conditions of this Contract, then: The City of Yakima OND may terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contracting Organization. After this effective date, no charges incurred under any terminated portions are allowable. B. Terminations on Other Grounds This Contract may also be terminated in whole or in part by mutual agreement of the parties. 12 C. Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City of Yakima OHNC may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this contract. If the level of funding so reduced or limited is so great that the City of Yakima OND deems that the continuation of the program covered by this contract is no longer in the best interest of the public, the City of Yakima OND may summarily terminate this contract in whole nonwithstanding any other termination provisions of this contract. Termination under this Section shall be effective upon receipt of written notice by the Contracting Organization or its representative. The City of Yakima OHNC agrees to promptly notify the Contracting Organization of any proposed reduction in funding by Federal or other officials. The Contracting Organization agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This agreement may further be terminated by the City of Yakima upon written demand by the City of Yakima OND for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. Close-out In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contracting Organization, the City of Yakima shall make or arrange for payment to the Contracting Organization of allowable reimbursable costs not covered by previous payments; 2. The Contracting Organization shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakima OND retains the right to withhold a 13 just and reasonable sum from the final payment to the Contracting Organization after fully considering the recommendation on disallowed costs resulting from the final audit. XXV. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima OND shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXVI.CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate the right of the Contractor to proceed under this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City of Yakima makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. XXVII.RIGHTS IN DATA The City of Yakima OHNC may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The contractor hereby grants to the City of Yakima, a royalty - free, non-exclusive, and irrevocable license to publish, 14 translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima OND, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima OND, promptly and in written detail,each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima OND shall have the right at any time to modify, remove, obliterate, or ignore such markings. XXIX.RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Community Development Block Grant Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, and 4. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXX. VENUE STIPULATION This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and greed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpertation and performance. Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of 15 the courts of competent jurisdiction at Yakima in Yakima County, Washington. XXXI.MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXXII.SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXIII.PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXIV.CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contracting Organization, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Block Grant funded program. 16 EXHIBIT "B" SCOPE OF WORK Pilgrim Rest Baptist Church/Southeast Cleanup/Paint PROJECT TITLE The Housing Foundation CONTRACTING ORGANIZATION: 1. DESCRIPTION OF PROJECT: (Detailed description statement of the project/program, purpose of project/program, needs to be addressed and problems to be solved). Exterior painting and landscaping of homes located in the vicinity of 1200 and 1300 blocks of South 6th, 7th, 8th Streets and Central Ave. 2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when, indicators of progress/accomplishments). The project will accomplish the following: Enhance the spirit of "community" in the neighborhood. Protect, preserve and improve the existing houses in the area Develop pride and visual improvement to a depressed area. Eliminate graffiti on the exterior of homes and buildings. Dispose of trash, weeds and debris in alley -ways and vacant lots. Connect with community action groups forming at the Southeast Community Center. Contribute to other community improvement projects taking place in the neighborhood. • Provide direct benefit to at least forty community families. 17 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: 2. Address: 7 111-1, u. *HUAI -0 - Yakima. WA 98901 3. Phone: (509) 248-2460 4. Contact Person:James Parks 5. Title of Service or Program being Funded:Purchase of Gymnasium Eauipment 6. Time Period: Beginning Ending /2 7. Amount of Contract/Grant Award:S10,000.00 8. This contract/grant award and the rights and obligations of both parties hereto shall be subject to and governed by the following, incorporated by reference herein as is fully set forth: 1) General terms and conditions attached hereto or Exhibit "A", 2) Scope of work attached hereto or Exhibit "B". This contract constitutes the entire agreement between the parties. Either party may request modification in the scope of services, project duration, performance or reporting standards, or other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this contrct signed by both parties. The City and Contracting Organization agree that this contract shall be modified if necessary to achieve compliance with requirements. IN WITNESS THEREOF the parties have executed this contract as of the day and year indicated below. cht, Block Grant Manager Date enn J.Valenzuela,Director of CED bate Signat'ur For Coitracting Organization Title l,\ Richard A. Zais, Jr. City Manager Al EST: Date TERMS AND CONDITIONS EXHIBIT "A" I. DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates the Contracting Organization to undertake, and the Contracting Organization hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. II. SUB -GRANT A. Notice to Proceed No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (OND) shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. The City hereby sub -grants to the Contracting Organization $10,000.00 for said project. III. GENERAL BUDGET PROVISIONS The Contracting Organization agrees to the following provisions in satisfying the terms and conditions of this contract: A. Payment and Disbursements. Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contracting Organization or obligation of the Contracting Organization currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima OND of a written reimbursement request on forms provided by the City of Yakima OND supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima OND that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 and come within the Project Budget. 2 B. No payment shall be made for any service rendered by the Contracting Organization except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contracting Organization shall submit to the City of Yakima OND a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (l00) or more in an approved budget subject category. Written budget revision approval must be received by the Contracting Organization prior to the Contracting Organization incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contracting Organization budget does not exceed ten percent (10%) of an approved budget sub -object category, the Contracting Organization must submit a revised budget to the City of Yakima OND prior to the submittal of claims against the budget. IV. COMMENCEMENT OF WORK The City of Yakima OND shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima OND. V. BILLING PROCEDURES A. The Contracting Organization shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed in the City of Yakima OND. B. The City of Yakima OND, shall notify the Contracting Organization in writing of a proposed transfer, at least thirty (30) calendar days before the actual transference occurs. VII. LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. 3 VIII.BUDGET SURPLUS The Contracting Organization agrees that funds determined by the City of Yakima OND to be surplus at the end of the year within the budget of this Contract will be subject to cancellation by the City of Yakima OND and may be negotiated if they are to be included in future contracts. IX. COMPLIANCE WITH LAWS A. GENERAL The Contracting Organization, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Developrnent, including but not limited to, Federal Community Developrnent Block Grant Regulations; and other policies and guidelines established by the City of Yakima OHNC. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REOUIREMENTS The following federal provisions may apply, among others, to this contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contracting Organization shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 4 1251 et. seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime Compensation) . 8. Davis -Bacon Act, as arnended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW (Prevailing Wage Rates). 9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) as arnended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contracting Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contracting Organization, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contracting Organization, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Environmental Review 1. NEPA The City of Yakima OHNC retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima OHNC may require the Contracting Organization to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. 2. SEPA The Contract Organization retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. 3. Compliance as Pre -Condition Performance by either the City of Yakima OND or the Contracting Organization under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. X. NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contracting Organization agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. The Contracting Organization shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contracting Organization specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. XI. NON-DISCRIMINATION IN CLIENT SERVICES A. The Contracting Organization shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 6 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contracting Organization shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Contracting Organization shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XII. LICENSING AND PROGRAM STANDARDS The Contracting Organization agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XIII.INSPECTION AND INFORMATION A. At such times and on such forms as may be required, the Contracting Organization shall furnish reports, statements, records, data and information as may be requested by the City of Yakima OND, State, United States Government, or other funding agency pertaining to matters covered by this Contract. The Contracting Organization agrees that representatives of the City of Yakima, State and United States Government may make periodic evaluation/inspection of the facilities, records, and general performance of this Contract. The Contracting Organization further agrees that such evaluation may be made on a quarterly basis or 7 at other times deemed reasonable and proper by these representatives. C. The Contract Organization shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIV. SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XV. ASSIGNMENT AND/OR SUBCONTRACTING The Contracting Organization shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terrns and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XVI. STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contracting Organization agrees to maintain books, records and documents and accounting procedures and practices which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contracting Organization further agrees that the City of Yakima OND shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terrns of this Contract. The Contracting Organization shall retain all books,records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contracting Organization agrees that the City of Yakima, the U.S.Departrnent of Housing and Urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. 8 B. The Contracting Organization agrees that any contributions or payments made for services furnished under this agreement shall be used for the sole benefit of this program. XVII. PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall he implemented to keep the property in good condition. 5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contracting Organization. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contracting Organization under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person,partnership, corporation, association or organization without the prior express 9 approval of the City of Yakima OND. 7. Any nonexpendable personal property furnished to, or purchased by, the Contracting Organization, title to which is vested in the City of Yakima OND or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima OND or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima OND or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9 of Title 62A, RCW. 9. The Contracting Organization shall be responsible for any loss or damage to the property of the City of Yakima OND or federal government (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contracting Organization to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima OND or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY The Contracting Organization agrees to maintain program records and reports including statistical information and to make such records available for inspection by the City or its designee in order for the City to be assured that program services remain consistent with the terms of this contract. The Contracting Organization further agrees to provide written program statistical information to the City of Yakima OND in a manner prescribed by the Office at times as may be requested by the Office. XIX. RELATIONSHIP OF THE PARTIES A. The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakima OND is interested only in the results to be achieved, the implementation of services will lie solely with the Contracting Organization. No agent, employee, or representatives of the Contracting Organization shall be deemed to be an employee, agent, servant or 10 representative of the City of Yakirna for any purpose, and the employees of the Contracting Organization are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contracting Organization will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Contract. XX. OUARTERLY REPORT The Contracting Organization agrees to submit a written quarterly report outlining the progress of Exhibit B, to the City of Yakima. XXI. INSURANCE A. Public Liability and Property Damage. The Contractor shall maintain during the life of this Contract public liability and property damage insurance covering the Contractor's services hereunder in the sum of not less than twenty thousand dollars for injury or damage to property and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person. Insurance shall cover work done by the Contractor or subcontractors and shall protect, as named insured, the City from suits or claims for damages arising from operations under this Contract or actions of the Contractor, subcontractors, and employees either direct or indirect. B. Workmans compensation. The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. XXII.INDEMNIFICATION All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify the City of Yakirna and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs, or judgements against which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIII.HOLD HARMLESS All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting 11 Organization's own risk and the Contracting Organization expressly agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage, inducing reasonable cost of defense they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgements against the City of Yakima which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIV.CONTRACT, TERMINATION AND CLOSE OUT If the Contracting Organization fails to comply with the terms and conditions of this Contract, the City of Yakima OHNC may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. Termination for Cause If the Contracting Organization fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the City of Yakima OND deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contracting Organization has failed to take satisfactory corrective action as directed by the City of Yakima OND or its authorized representative within the time specified by same; 3. The Contracting Organization has failed within the time specified by the City of Yakima OND or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima OND may terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contracting Organization. After this effective date, no charges incurred under any terminated portions are allowable. B. Terminations on Other Grounds This Contract may also be terminated in whole or in part by mutual agreement of the parties. 12 C. Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or lirnited in any way after the effective date of this contract, and prior to its normal completion, the City of Yakirna OHNC may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this contract. If the level of funding so reduced or lirnited is so great that the City of Yakima OND deems that the continuation of the program covered by this contract is no longer in the best interest of the public, the City of Yakima OND may summarily terminate this contract in whole nonwithstanding any other termination provisions of this contract. Termination under this Section shall be effective upon receipt of written notice by the Contracting Organization or its representative. The City of Yakirna OHNC agrees to promptly notify the Contracting Organization of any proposed reduction in funding by Federal or other officials. The Contracting Organization agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This agreement may further be terminated by the City of Yakima upon written demand by the City of Yakima OND for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. Close-out In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contracting Organization, the City of Yakirna shall make or arrange for payment to the Contracting Organization of allowable reimbursable costs not covered by previous payments; 2. The Contracting Organization shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakirna OND retains the right to withhold a 13 just and reasonable sun from the final payment to the Contracting Organization after fully considering the recorninendation on disallowed costs resulting from the final audit. XXV. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima OND shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXVI.CONFLICT QF INTEREST The City may, by written notice to the Contractor: A. Terminate the right of the Contractor to proceed under this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City of Yakima makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. XXVII.RIGHTS IN DATA The City of Yakima OHNC may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The contractor hereby grants to the City of Yakima, a royalty - free, non-exclusive, and irrevocable license to publish, 14 translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima OND, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima OND, promptly and in written detail,each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima OND shall have the right at any time to modify, remove, obliterate, or ignore such markings. XXIX.RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Community Development Block Grant Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, and 4. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXX. VENUE STIPULATION This Contract has been and shall he construed as having been entered into and delivered within the State of Washington, and it is mutually understood and greed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpertation and performance. Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of 15 the courts of competent jurisdiction at Yakima in Yakima County, Washington. XXXI.MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXXII.SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXIII.PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXIV.CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contracting Organization, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the prograrn during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Block Grant funded prograrn. 16 EXHIBIT "B" SCOPE OF WORK Purchase of Gymnasium Equipment PROJECT TITLE Southeast Yakima Community Center CONTRACTING ORGANIZATION: 1. DESCRIPTION OF PROJECT: (Detailed description statement of the project/program, purpose of project/program, needs to be addressed and problems to be solved). Purchase, in the following priority order, a score board to be used by teams using the facility, replace pads on wall under basketball goals for safety, replace needed basketball goals, install a PA system in gymnasium for meetings, banquets, and other community functions,'replace tables and chairs for banquets, meetings and other community functions, replace convection oven in kitchen for banquet, community dinners and other community functions where kitchen use is required. 2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when, indicators of progress/accomplishments). The new equipment will allow the community center to continue providing free services to youth and organizational groups in our community. 17 EXHIBIT "A" HAS NOT BEEN DUPLICATED FOR EACH CONTRACT SINCE IT IS THE SAME DOCUMENT FOR EACH CONTRACT.