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HomeMy WebLinkAboutR-1996-135 Agreement / North Central Neighborhood Coalition• • RESOLUTION NO. R-96- 135 A RESOLUTION authorizing the Director of Community and Economic Development of the City of Yakima to execute an agreement with the North Central Neighborhood Coalition to reimplement the Dr Don McGuinness Park (Swan Avenue Park) Project included in the 1995 Neighborhood Improvement Program. WHEREAS, the City of Yakima was a recipient of 1995 Federal Community Development Block Grant funds which may be used, among other things, for Neighborhood Improvement Programs, and WHEREAS, the Community Development Advisory Committee made recommendation for a portion of the 1995 funds to be allocated to the Dr Don McGuinness Park (Swan Avenue Park) Project; and WHEREAS, at the June 20, 1995 meeting, the City Council considered and approved $15,000 for the Swan Avenue Park Project and authorized the Director of Community and Economic Development to execute a contract with an expiration date of July 11, 1996, and WHEREAS, these funds were not requested and the contract expired, and WHEREAS, these funds will be used to buy playground equipment and as a match for the forthcoming state grant to develop the Dr Don McGuinness Park, and WHEREAS, the North Central Neighborhood Coalition is willing to implement the Dr Don McGuinness Park (Swan Avenue Park) with accordance to the terms and conditions of the attached and incorporated agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with this organization and, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Director of Community and Economic Development is hereby authorized and directed to execute the attached and incorporated agreement between the City of Yakima and the North Central Neighborhood Coalition, in order to authorize the commitment of funds to implement the Dr Don McGuinness Park (Swan Avenue Park) Project, a 1995 Neighborhood Improvement Project as approved by City Council June 20, 1995 ADOPTED BY THE CITY COUNCIL this 15th day of October. 1996. T7 ohn Puccinelli Assistant Mayor ATTEST kvt City Clerk DKJZW/ON DS/7/96 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: North Central Neighborhood Coalition 2. Address: 1512 Folsom Yakima, WA 98902 3. Phone: 4. Contact Person:Phil Hoge, Proiect Director 5. Title of Service or Program being Funded:Dr.Don McGuinness Park 6. Time Period: Beginning October 1, 1996 Ending December 31, 1996 7. Amount of Contract/Grant Award:$15,000.00 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. Dixie L. Kracht, Block Grant Manager Date R.A. Zais, Jr., City Manager Date Signature For Contracting Organization Date Title TERMS AND CONDITIONS EXHIBIT "A" 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 (ONDS) 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 $15,000.00 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 ONDS of a written reimbursement request on foims prc..lded by the City of Yakima ONDS supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima ONDS 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 ONDS 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 Yakima ONDS prior to the submittal of claims against the budget. IV. COMMENCEMENT OF WORK The City of Yakima ONDS shall furnish the Contracting Organization with written notice to proceed upon release o. 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 ONDS. 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 by the City of Yakima ONDS. B. The City of Yakima ONDS, shall notify th•t Contracting Organization in writing of a proposed tiuiisfer 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 ONDS 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 ONDS 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; 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 ONDS. 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 X10 (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 4 Pollution Control Act, as amended, 33 USC Section 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 :;age 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 ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS 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 ONDS 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 foLlus 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 120R:), and HUD Anti Discrimination Requirements, 24 CFR 570..o1. 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 6 under this Contract; 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 co 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 informatias may be requested by the City of Yakima ONDS, 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 7 that such evaluation may be made on a quarterly basis or 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 ONDS shall have the right. to _ monitor and audit the fiscal components of the organization to insure that actual expenuitures 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 8 during said period. 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 di:ect item of cost, title to such property shall remaLl 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, 9 association or organization without the prior express 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 ONDS 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 ONDS or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima ONDS 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 ONDS 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 thy: property will be returned to the City of Yakima ONDS 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 ONDS in a manner prescribed by ONDS at times as may be re'.1uested by ONDS. 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 Prooerty 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 elected officials, officers, agents, employees, or otherwise, from any and all liability, loss c': damage they may suffer as a result of claims, demands, aL.,..Lons, or damages to any and all persons or property, costs, or judgments 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 elected officials, 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 judgments 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 ONDS may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. Tetutination 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 ONDS deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contracting Organization has failed t.c take satisfactory corrective action as directed by the City of Yakima ONDS 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 ONDS or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima ONDS may terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the te=ination, 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 ONDS 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 ONDS 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 ONDS 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 ONDS 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 ONDS 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 .ubmit 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 ONDS 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 ONDS 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 deter-:tination under this clause shall be an issue and may be ileviewed as provided in the "Disputes" clause of this Agreement. XXVII.RIGHTS IN DATA The City of Yakima ONDS 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 ONDS, 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 ONDS 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 Cummunity Development Block Grant Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incozporated 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. GOVERNING LAW AND 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 agreed 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, suit 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, ac 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 SCOPE OF WORK Dr.Don McGuinness Park PROJECT TITLE North Central Neighborhood Coalition 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). This project will design and develop a 1.8 acre park on vacant city -owned land that has been officially designated as a park site for over 10 years but never developed due to lack of funds. It has been formulated in close collaboration with the City's Parks Department staff and is supported by the City's Parks and Recreation Commission. 2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when, indicators of progress/accomplishments). Oct. 1996 Nov. 1996 Prepare playground equipment specifications and solicit three bids. Purchase play equipment and submit invoice billings to ONDS. NOTE:A11 funds must be expended by December 31, 1996. 17 To: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVEL Office of Neighborhood Development Services 112 South Eighth Street Yakima, Washington 98901 Phone (509) 575-6101 • Fax (509) 575-6176 ECE1VED SEP 16 1996 OFF!CF OF C,TY MANAGER Members of the Yakima City Council Dick Zais, City Manager Glenn Rice, Assistant City Manager Glenn Valenzuela, Director of Comm_ & Economic Development From: Dixie Kracht, Block Grant Manager Date: September 11, 1996 Subject: Council Sub Committee and Community Development Advisory Sub Committee Meeting, September 10, 1996 The Council Sub Committee (Mr. Sims, Mr. Beauchamp and Mr. Puccinelli) met with the Community Development Advisory Public Relations Sub Committee (Mr. Hernandez, Mr. Jones and Mr. Lighty) to discuss pending issues on the Community Development Advisory Committee's agenda. The Community Development Advisory Committee was seeking direction from the Council on management of the Neighborhood Improvement Projects, format suggestions on the Consolidated Plan Citizen's Participation forum meetings and proposed housing projects. Dan Hernandez, the Community Development Advisory Public Relations Sub Committee Chair reported on the two uncompleted 1995 Neighborhood Improvement Projects. The following comments were the result of this conversation: The Don McGuinness Park: This project was awarded $15,000 in June, 1995 for the purpose of developing a neighborhood park in the North Central Neighborhood. The $15,000 was also held as a match for state money which was applied for in 1995 but will not be released by the state legislature until the 1997 session. The project sponsors were unable to complete their original scope of work because of the delay in state funding before the 1995 Neighborhood Improvement Project contract expired in July 1996. They asked to have the contract rewritten to allow the project's sponsor to purchase playground equipment and hold it in reserve as a matched asset for the state funds. The Council sub committee agreed that this was a good use of funds and advised staff to submit a new contract to City Council for approval of the $15,000 allocated Yakima u-weraa� 11111: 1914 Council Sub Committee and Community Development Advisory Public Relations Sub Committee Meeting September 10, 1996 from the 1995 Office of Neighborhood Development Service's budget. This money must be spent by December 31, 1996. Ida Powell (La Hacienda) Project: This project was also awarded $15,000 in 1995 and has not been completed. Council Sub Committee reviewed the circumstances and was informed that SENIC had submitted a 1997 Neighborhood Improvement Project application which included a new amount which included the original $15,000 proposed in the 1995 application. The Council members suggested we not write a new contract for the project because the funds would need to be expended before December 31, 1996. The 1995 project requires a rezone hearing and other time constraining activities. Councilmen Beauchamp and Puccinelli offered to work with SENIC on alternative funding and compliance issues. 1996 Contingency Fund_ There was a $5,000 contingency fund established during the 1996 Neighborhood Improvement Project recommendation process as a result of the Parks Department project withdrawal. The Community Development Advisory Committee recomrnende,: that the $5,000 be re -allocated to the Carriage House project. After a detailed discussion concerning the Richie House, Carriage House and land debts, the Council requested that Glenn Rice and Dixie Kracht do some preliminary research on resolving these issues. It was the group's agreement that we retain the contingency fund until staff resolves outstanding concerns and explores options for the Carriage House project. Community Forums/Citizen Participation Process: Mr. Hernandez asked the Council Sub Committee to provide a format preference for the information gathered at the Community Forums in April and May. This information will be used to establish a One Year Action Plan to be submitted with the 1997 federal funding application. Councilman Beauchamp suggested that we submit our priorities in an action statement based on the information expressed by the community residents. He encouraged staff to include a project reflecting a business incentive along with our typical housing program for diversification. 1997 Neighborhood Improvement Program: The sub committee reviewed the 1997 projects that had been submitted to the Community Development Advisory Committee. The Council Sub Committee cautioned the Community Development Advisory Committee not to fund one 2 Council Sub Committee and Community Development Advisory Public Relations Sub Committee Meeting September 10, 1996 very large application and restrict the participation of other applicants. Also there was a discussion that the Community Development Advisory Committee consider all factors in making recommendation including the sponsoring group's history of project timeline compliance and community participation. The Community Development Advisory Committee appreciated the very frank discussion and will review the projects under the guidelines suggested by the council members. The meeting adjourned at about 1:35 p.m. Submitted by Zella Warner Housing DAIII 575-6101 3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT , �� Item No: For Meeting of: October 15,1996 ITEM TITLE: 1995 Neighborhood Improvement Program Resolution SUBMITTED BY: Glenn J. V alenzuela, Director of Communityand Economic E velopm CONTACT !'ERSON/ TELEPHONE Dixie radAll5ck Grant Manager (575-6101) SUMMARY EXPLANATION: The 1995 Neighborhood Improvement Program project application for the Dr. McGuinness (formerly Swan Avenue) Park was approved by the Community Development Advisory Committee and the members of City Council to design and develop a neighborhood park on Swan Avenue. The $15,000 awarded to this project also served as a matching fund for a state grant of $50,000. The state legislature adjourned before passing the bill that allowed the release of the money to the approved project. By July 1996, no contract work had been performed and no contract funds had been requested. The 1995 contract expired on July 11, 1996. Consequently, a new resolution and contract is sumitted for City Council's review and authorization. The project has asked the Community Development Advisory Committee to allow them to change the use of their funds from development of the park to the purchase of playground equipment. This arrangement would allow the project leader to retain the ability to use the Neighborhood Improvement Program funds to match the IAC state grant and spend the 1995 funds before the December 31, 1996 budget deadline. The new resolution authorizing the Director of Community and Economic Development to execute a contract with the Project Sponsor and a contract reflecting the requested change of use for the funds are attached. EXHIBITS X Resolution Ordinance Contract Other (Specify) Funding Source Community Development Block rant Program 7) Approval for Submittal r ity anager RECOMMENDATION: Approve resolution. BOARD/COMMISSION RECOMMENDATION: The Community Development Advisory Committee recommends that the Council approve the change in the use of funds for the purchase of play equipment; the park development will be completed in 1997. COUNCIL ACTION: The Resolution was adopted. Resolution No. 4-96-135