HomeMy WebLinkAboutR-1999-020 Partnership for Employment Funding RequestRESOLUTION NO. R-99-2 0
A RESOLUTION authorizing the City Manager to execute an agreement with the Tri -
Valley Private Industry Council for the purpose of promoting a
March 23, 1999 job fair at the Yakima Convention Center and in
order to provide employment services to unemployed residents of
the City of Yakima.
WHEREAS, the Tri -Valley Private Industry Council desires to hold a "job fair" at
the Yakima Convention Center on March 23, 1999; and
WHEREAS, the job fair shall benefit residents of City of Yakima who are of low
to moderate income and are unemployed by providing various employment services
and an avenue to meet with potential employers; and
WHEREAS, the job fair shall provide employment services in the form of
workshops for employers and job seekers, resume development services, internet
access, and translation services; and
WHEREAS, the job fair represents a networking effort between the public
entities, private business, and community-based organizations to address economic and
community development;
WHEREAS, the Tri -County Private Industry Council is requesting that the City
provide $3,575.00 for payment of rental fees and internet use fees regarding use of the
Yakima Convention Center for the job fair and to provide materials for outreach efforts
to publicize the job fair; and
WHEREAS, the City Council finds that the City and its unemployed residents
would significantly benefit from the employment services at the job fair; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to authorize execution of an agreement with the Tri -Valley Private Industry
Council for the purpose of promoting the March 23, 1999 job fair at the Yakima
Convention Center and in order to provide employment services to unemployed
residents of the City, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an agreement with the Tri -
Valley Private Industry Council for the purpose of promoting a March 23, 1999 job fair
at the Yakima Convention Center and in order to provide employment services to
unemployed residents of the City of Yakima, with a contract amount not to exceed
$3,575.00, subject to legal review and approval of the contract as to form by the City
Attorney.
ADOPTED BY THE CITY COUNCIL this 2nd day of March, 1999.
j " _ /c..e-cam.--il
ATTEST: John Puccinelli, Mayor
City Clerk J
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: Yakima County Office of Employment and Training
2. Address: 120 South 3rd Street
Yakima, Washington 98901
3. Phone: 509/574-1950
4. Contact Person: Edward Esparza
5. Title of Service or Program being Funded: Job Fair '99
6. Amount of Contract Award: $3,575.00
7. The term of this agreement shall commence upon execution hereof and shall
terminate at 12:00 p.m., , unless sooner terminated by
either party in accordance with Section XXIII or Section XXV of
incorporated Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto
shall be subject to and governed by the following:
1) "Terms and conditions" attached hereto as Exhibit "A" and
incorporated herein by this reference; and
2) Operating budget including sources and uses statement and work plan,
all attached hereto as Exhibit "B" and incorporated herein by this
reference.
9. Final contract payment shall be subject to satisfactory completion of
project described in Exhibit B, and satisfaction of all contract terms
and conditions as stated in Exhibit "A".
This written document and incorporated exhibits constitutes the entire
agreement between the parties.
IN WITNE , S THEREO
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parties have executed this contract as of the day and
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EXHIBIT "A"
TERMS AND CONDITIONS
I DESIGNATION
The City of Yakima, as recipient of a Community Development
Block Grant (CDBG) from the U.S. Department of Housing and
Urban Development, hereby designates YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING to undertake, and YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING 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
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING with
written notice to proceed upon release of funds from HUD
related to the project pursuant to 24 CFR Part 58.
B. AMOUNT OF GRANT
The City hereby sub -grants to YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING $3,575.00 for said project.
III GENERAL BUDGET PROVISIONS
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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 YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING or obligation of YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING 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 forms provided 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 "eligible costs under the Community
Development Block Grant Program" and come within
the Project Budget.
B. No payment shall be made for any service rendered by
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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 "2" of this Contract.
1. YAKIMA COUNTY OFFICE OF
shall submit to the City
request for approval of
proposed
decrease
approved
revision
EMPLOYMENT AND TRAINING
of Yakima ONDS a written
budget revision when a
revision would result in an increase or
of ten percent (100) or more in an
budget subject category. Written budget
approval must be received by YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING prior to YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING incurring
any expenditures against the revised budget
sub -object categories.
2. When the revision of YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING budget does not exceed ten
percent (10%) of an approved budget sub -object
category, YAKIMA COUNTY OFFICE OF EMPLOYMENT AND
TRAINING 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 YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING 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 ONDS.
V BILLING PROCEDURES
A. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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.
VI 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.
VII BUDGET SURPLUS
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING agrees that
funds determined by the City of Yakima ONDS to be surplus at
the end of the project 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.
VIII COMPLIANCE WITH LAWS
A. GENERAL
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING, 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 CDBG 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. YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING 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 Section 1857 et
seq; Water 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 Sections 327-333, (Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC Sections 276a
276a-5, and RCW Chapter 3-12 (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, YAKIMA COUNTY OFFICE
OF EMPLOYMENT AND TRAINING 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 YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING, the County, and the United
States are beneficiaries of and entitled to enforce
such covenant. YAKIMA COUNTY OFFICE OF EMPLOYMENT
AND TRAINING, 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. Age Discrimination Act of 1975 (24 CFR 146).
13. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1)
14. Housing Quality Standards (24 CFR 882.109).
15. WEE/MBE (24 CFR 85.36(e)).
16. ENVIRONMENTAL REVIEW
A. 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 YAKIMA COUNTY OFFICE
OF EMPLOYMENT AND TRAINING to furnish data, information
and assistance for the City's review and assessment in
determining whether the City must prepare an
Environmental Impact Statement.
B. SEPA
The Contract Organization retains responsibility for
fulfilling the requirements of the State Environmental
Policy Act and regulations and ordinance adopted
thereunder.
C. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING under this
Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State
Environmental Policy Acts.
IX NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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 a 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.
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING
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.
X NON-DISCRIMINATION IN CLIENT SERVICES
A. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING agrees
to affirmatively market units made available through
this contract (24 CFR 92.352), and 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;
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. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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. YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING shall take such
action as may be required to ensure full compliance with
the provisions of this clause, including sanctions for
noncompliance.
XI LICENSING AND PROGRAM STANDARDS
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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.
XII MONITORING AND ACCESS TO RECORDS
A. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING agrees
that City may carry out monitoring and evaluation
activities so as to ensure compliance by YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING with this agreement,
with the CDBG Compliance Documents, and with all other
laws, regulations, and ordinances related to the
performance hereof.
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING agrees
to provide City with any data determined by City to be
necessary for its effective fulfillment of its
monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem
necessary, YAKIMA COUNTY OFFICE OF EMPLOYMENT AND
TRAINING shall make all of its records available to
City, HUD, the Comptroller General of the United States,
or any of their authorized representatives, and shall
permit City, HUD, the Comptroller General of the United
States, or any of their authorized representatives to
audit, examine, and make excerpts and/or copies of same.
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING records
shall include, but shall not be limited to, the
following: payroll, personnel and employment records;
procurement bidding documents; contracts; sales closing
statements; and invoices.
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.
XIII 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.
XIV ASSIGNMENT AND/OR SUBCONTRACTING
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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.
XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING agrees to
provide project line item draw requests, annual verification
of rents, annual audited financial statement to compare
income and expenses, records, documents and accounting
procedures 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. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING
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 expenditures remain
consistent with the terms of this Contract. YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING shall retain all books,
records, documents and other material relevant to the
Contract for seven (7) years after settlement of this
Contract. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING
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.
B. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING agrees that
any contributions or payments made for services furnished
under this agreement shall be used for the sole benefit of
this program.
XVI 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. YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING 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 CDBG 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 YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING
elects to capitalize and depreciate such non -expendable
personal property in lieu of claiming the acquisition
cost as a direct item of cost, title to such property
shall remain with YAKIMA COUNTY OFFICE OF EMPLOYMENT AND
TRAINING. An election to capitalize and depreciate or
claim acquisition cost as a direct item of cost shall be
irrevocable.
6. Non -expendable personal property purchased by YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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 approval of the City of Yakima ONDS.
7. Any non -expendable personal property furnished to, or
purchased by, YAKIMA COUNTY OFFICE OF EMPLOYMENT AND
TRAINING, 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 non -expendable personal property, title to
which shall vest in the City of Yakima ONDS or federal
government, YAKIMA COUNTY OFFICE OF EMPLOYMENT AND
TRAINING 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 RCW Chapter 62A.
9. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING shall be
responsible for any loss or damage to the property of
the City of Yakima ONDS or federal government (including
expenses entered "hereunto) which results from
negligence, willful misconduct, or lack of good faith on
the part of YAKIMA COUNTY OFFICE OF EMPLOYMENT AND
TRAINING 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 ONDS
or federal government in like condition to that in which
condition the property was acquired by purchase, fair
wear and tear accepted.
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city
relationship will be created by this Contract. The City of
Yakima ONDS is interested only in the results to be achieved,
the implementation of services will lie solely with YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING. No agent, employee,
or representatives of YAKIMA COUNTY OFFICE OF EMPLOYMENT AND
TRAINING shall be deemed to be an employee, agent, servant or
representative of the City of Yakima for any purpose, and the
employees of YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING
are not entitled to any of the benefits the City of Yakima
provides for City Employees. YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING 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.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all
taxes, deductions, and assessments, including but not limited
to, sales tax, federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury insurance,
and other deductions from income which may be required by law
or assessed against either party as a result of this
Agreement. In the event the City is assessed a tax or
assessment as a result of this Agreement, Contractor shall
pay the same before it becomes due.
XIX QUARTERLY REPORT
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING agrees to
submit a written quarterly report outlining the progress
towards completion of activities included in Exhibit B, to
the City of Yakima.
XX INSURANCE
❑ A.
COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Agreement, the
Contractor shall provide the City with a certificate of
insurance as proof of liability insurance in the amount
of One Million Dollars ($1,000,000.00) that clearly
states who the provider is, the amount of coverage, the
policy number, and when the policy and provisions
provided are in effect (any statement in the certificate
to the effect of "this certificate is issued as a matter
of information only and confers no right upon the
certificate holder" shall be deleted). Said policy shall
be in effect for the duration of this Agreement.
The policy shall name the City, its elected officials,
officers, agents and employees as additional insured, and
shall contain a clause that the insurer will not cancel
or change the insurance without first giving the City
thirty (30) calendar days prior written notice (any
language in the clause to the effect of "but failure to
mail such notice shall impose no obligation or liability
of any kind upon the company" shall be crossed out and
initiated by the insurance agent). The insurance shall be
with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of
Washington. The Contractor shall also provide the City
with a true and correct copy of the said insurance policy
on or before the effective date of this Agreement.
❑ B. AUTOMOBILE LIABILITY
Contractor agrees to carry auto insurance for injuries and
damages caused by contractor -owned vehicle job site.
Automobile liability: $1,000,000 combined single limit
bodily injury and property damage.
❑ C. DIRECTORS AND OFFICERS LIABILITY INSURANCE
The Contractor shall obtain Directors and Officers
Liability insurance policy with a minimum limit of One
Million Dollars ($1,000,000.00) and a maximum retention of
Five Thousand Dollars ($5,000.00). On or before the
effective date of this Agreement, the Contractor shall
provide the City with a true and correct copy of said
insurance policy. The definition of insured under said
policy shall include the Contractor, its individual
directors, officers, trustees, employees, and volunteers.
Said policy shall have a retroactive date on or before the
effective date of this Agreement. Coverage under said
policy shall remain in full force and effect for a three
(3) year period after the expiration/termination date of
this Agreement with the same retroactive date either
through renewal policies or "tail" coverage on the current
policy.
❑ D. PERFORMANCE AND PAYMENT BOND
A Performance Bond for 100% of the contract price to
secure fulfillment of all of the contractor's obligations
under this contract.
❑ E. FIDELITY BOND Employee Dishonesty coverage or a fidelity
bond will be obtained in the amount of $ . The
policy will cover claims resulting from employee theft of
money associated with the performance of this contract.
The policy will be written on a blanket basis covering all
employees, or upon prior approval by the City, on those
employees having access to funds. A copy of the policy
will be furnished to the City.
F. WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by
the Workman's Compensation Act of the State of
Washington. Evidence of the contractors workers'
compensation coverage will be furnished to the City. The
contractor holds the City harmless for any injury or
death to the contractor's employees while performing this
contract.
XXI INDEMNIFICATION
All services to be rendered or performed under this Contract
will be performed or rendered entirely at YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING's own risk and YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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 YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING under this
Contract.
XXII HOLD HARMLESS
All services to be rendered or performed under this Contract
will be performed or rendered entirely at YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING's own risk and YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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 YAKIMA COUNTY OFFICE OF EMPLOYMENT AND
TRAINING under this Contract.
XXIII CONTRACT. TERMINATION AND CLOSE OUT
If YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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. TERMINATION FOR CAUSE
If YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING has
failed to take satisfactory corrective action as
directed by the City of Yakima ONDS or its authorized
representative within the time specified by same;
3. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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 YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING of the
termination, the reasons therefore and the effective
date provided such effective date shall not be prior to
notification to YAKIMA COUNTY OFFICE OF EMPLOYMENT AND
TRAINING. 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.
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, notwithstanding 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 ONDS may summarily terminate this
contract in whole notwithstanding any other termination
provisions of this contract. Termination under this Section
shall be effective upon receipt of written notice by YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING or its
representative.
The City of Yakima ONDS agrees to promptly notify YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING of any proposed
reduction in funding by Federal or other officials. YAKIMA
COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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 YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING, the City of Yakima shall make
or arrange for payment to YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING of allowable reimbursable costs
not covered by previous payments;
2. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING 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
ONDS retains the right to withhold a just and reasonable
sum from the final payment to YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING after fully considering the
recommendation on disallowed costs resulting from the
final audit.
XXI 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.
XXV 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 determination,
with respect to this contract.
B. In the event this Contract is terminated as provided (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 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.
XXVI 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,
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 ONDS, 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.
XXVII 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 CDBG 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.
XXVIII 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 interpretation
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
the courts of competent jurisdiction at Yakima in Yakima
County, Washington.
XXIX 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.
XXX 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.
XXXI 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.
XXXII CONFLICT OF INTEREST
No member, officer, or employee of the City of Yakima, or
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING, 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 CDBG funded program.
XXXIII RETURN OF CDBG FUNDS
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING shall return
to the City all monies provided hereunder by the City to
YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING if any of the
following occur:
1. YAKIMA COUNTY OFFICE OF EMPLOYMENT AND TRAINING
materially changes the primary purpose and scope of the
CDBG Project as described on Exhibit "B" to the
contract; or
XXXIV PROJECT PROCEEDS
CDBG funds provided by the City of Yakima to YAKIMA COUNTY
OFFICE OF EMPLOYMENT AND TRAINING shall be repaid to the city
at no interest from project cash flow if and to the extent
that annual net operating income to YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAINING (after project operating expense)
exceeds ten (10) percent of YAKIMA COUNTY OFFICE OF
EMPLOYMENT AND TRAININGs investment in the project.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.:
For Meeting of: March 2, 1999
ITEM TITLE: Partne ship for Employment Funding Request
SUBMITTED BY:m Cook, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: Bill Cobabe, Manager, Neighborhood Development Services
(509) 575-6101
SUMMARY EXPLANATION:
Partnership for Employment is an employer -based organization that has been working to address the
employment needs of employers and job seekers within Yakima. Their steering committee consists
of private businesses, government, non-profit and community-based organizations. They are in the
process of developing a community -wide job fair that will address these needs.
Partnership for Employment is requesting assistance with funding a job fair to be held Tuesday,
March 23, 1999. The request is for $3575 to cover the cost of 1) renting the Yakima Convention
Center; 2) Internet connection at the center; and 3) support materials for outreach efforts to
publicize the job fair. This request of the City totals approximately 12% of total Job Fair cost.
Public and private supporters will provide matching funds and in-kind donations totaling $25,400.
City support for this activity is an eligible CDBG expense and staff recommends use of this source
of funding from the Council approved 1999 CDBG budget for economic development.
The Council Economic Development Committee met and discussed this proposal at their February
19, 1999, meeting. The committee forwarded this item for Council consideration without a
recommendation.
Resolution X Ordinance Contract Other Specify
Funding Source:
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve funding at level to be approved by Council
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution No. R-99-20 Approved.
February 25, 1999
PARTNERSHIPS FOR EMPLOYMENT
MONTHLY NETWORKING EXCHANGE
William Cook, Director
Department of Community & Economic Development
City of Yakima
128 N. 2nd Street
Yakima, WA 98901
Re: Job Fair 99'
Dear Mr Cook:
As you may know, Partnerships for Employment is an employer -based organization that has been working
to address the employment needs of employers and job seekers within Yakima. Our steering committee consists
of private businesses, government, non-profit and community based organizations. Currently we are in the
process of developing a community wide job fair that will address these needs. We are requesting to the City of
Yakima assistance with the cost producing this annual event. Our request falls within two areas.
The first request is assistance with defraying the cost of the use of the Yakima Convention Center (YCC)
Tuesday, March 23, 1999. At this time we are looking at the amount of $3070.00 for rental of the facility,
with additional cost of $250.00 for use of the internet connection at the center.
We believe that this job fair be a service to all residents within the City of Yakima who are unemployed and
are currently seeking avenues to meet with employers with opportunities for employment. Likewise, this event
will offer opportunities for employers whom may be in search of a qualified workforce.
I am requesting that $255 is allocated from the Community and Economic Development budget to support
outreach for this event. Through our planning committee we will offer amenities such as workshops for
employers and job seekers, resume development, Internet access, and translation services at the fair itself. This
project represents a networking effort between the city, county and state government, private business and
community-based organizations that hold a stake in addressing economic and community development.
At this time we are requesting that your department assist us in this endeavor by waving or assisting with the
cost of the use of the Yakima Convention Center and the Internet connection fee ($250.00). A total
contribution of $3,575.
The mission of Partnerships for Employment is to recruit and develop a qualified workforce, through
networking and partnerships to achieve work place equity. We look forward to the opportunity this project
Department of Employment & Training, 120 S. 3rd St., Suite 200-A, Yakima, WA 98901
(509) 574.1950 Fax: (509) 574-1951 Email: Edwardegco.yalcima.wa.us
brings to working with the City of Yakima in the near future. We believe that the development of partnerships
such as this can only be beneficial to the citizens of this community.
Included is information pertaining to the Job Fair and its components. Also included is a cost schedule for the
development of the event. If you have further questions you may reach me at 509-248-6823.
Sincerely,
Angela Rodriguez
Superior Asphalt & Concrete Co
CC: Michael Morales, Grantwriter, City of Yakima
Edward Esparza, Yakima County, Department of Employment & Training
Income Sources
Public Sector In-kind
Private Sector In-kind
Private Sector Cash
Public Sector Cash
Needed from City of Yakima
Total Cost
$11,400 40%
$7,000 24%
$1,750 6%
$5,250 18%
$3,575 13%
$28,975
Income Uses
Outreach
Convention Center
Forums
Personnel
In-kind Donations
Total Expenses
$6,145
$3,320
$500
$610
$18,400
$28,975
Job Fair '99 is made of four components. They are as follows:
A) The traditional job fair, where we anticipate one hundred businesses occupying booths at the Yakima Convention Center. The
date and hours of the fair will be: Tuesday, March 23, 1998 at the Yakima Convention Center, 10 N. 8th Street, Yakima
WA 98901, from 11:AM to 7:PM
B) The second component is the presentation of workshops for employers and job seekers at the job fair The Yakima Valley
Human Resource Association will coordinate the presentation of the workshops. Members from that organization will present
the workshops with JIPA system organizations. There will be four breakout rooms available for the workshops. To date, the
following topics covered will be:
C)
D)
For Employers:
Diversity
School to Work
Human Resources 101
Tax Credits
Background Checks
Harassment Issues
Legal Updates
Violence in the Workplace
INS
Workfirstl Welfare to Work
For Employees
Resume Writing
Interview Skills
Job Readiness
Money Management
Dressing for Success
The third component is the presentation of community forums, which will include speakers who will speak to community
organizations and the general public on topics dealing with employment issues. These forums will be free to the general
public.
The last component is the development of the Cyber Job fair This segment will include the linking of businesses that are
currently utilizing the internet for employment services. The links will connect to a Cyber Job Fair Home page. This will allow
internet users to search for employment with various employers and it will also allow employer to post information about their
organization and what employment opportunities that might be available at any given time. The cyber job fair will be a
permanent fixture in the community.
The priority for this office will be:
A) To develop a Cyber Job Fair Home page that will link with existing URL addresses.
B) The standardization of data of that perspective employer will be able to provide to for their presentation in the job fair.
C) Develop and coordinate with DET staff to see that each link information is processed for presentation on the cyber job
fair.
D) To develop the presentation that is consistent with the Job Fair '99 presentation in artistic and aesthetic value.
E) To develop a standard system for future employer participation of employers to participate in the Cyber job fair.
Sponsoring Organizations
Yakima County — TRI Valley Private Industry Council
ACT Now
Express Personnel
Superior Asphalt & Concrete Co.
Double Tree Hotel Yakima Valley
ADD Temp
Washington State Migrant Council
People for People
Yakima Valley Community College
Yakima Employment Security
Yakima School District
INTERIM Personnel
Yakima Herald Republic
Y. V Human Resource Association
YWCA
Goodwill Industries
Brown & Cole Stores
Perry Technical Institute
Yakima Valley OIC
City of Yakima
SER VICES
February 22, 1999
Mr. Henry Beauchamp
City Council Member
129 N. 2nd Street
Yakima, WA 98901
Dear Mr. Beauchamp:
RECENt.
f., y5; Zr ` c a q
FEB 2 3 1999
OFF!CE OF C:!TY COUNCIL
Everyday 1 see how it is getting more and more difficult to recruit and retain a qualified workforce in Yakima.
Normal means of recruiting aren't as successful as they used to be.
One major change that has occurred in Yakima in the last year is the addition of the Partnerships for
Employment program that runs under the umbrella of the Private Industry Council. Partnerships for
Employment is a group of employers that meet monthly to exchange job openings, view dozens of resumes
and hear live resumes of potential job candidates. This is where numerous city residents are now finding
gainful employment. The Partnerships for Employment program is also teaming up with private sector human
resource professionals to develop a successful job fair program titled Job Fair '99. Job Fair '99 will be on
March 23`d at the Convention Center. The goal is to attract around 100 employers and 2,000 job seekers to
the event. To do this, Partnerships for Employment and residents of the City of Yakima need your help.
On March 2nd at your next City Council meeting, you will be hearing a request for the City of Yakima to
approve $6,000 to go towards the marketing expenses for this huge workforce event. I strongly encourage
you to show your support of this event by approving this expenditure.
Not only do I support this event as an employer of over 400 city residents at our nursing homes (i.e. Good
Samaritan, Heritage Gardens, Central Health Care Center and Sarnantan House), but 1 aiso support this
event as the President of the Yakima Valley Human Resource Association. The Yakima Valley Human
Resource Association is teaming up with Partnerships for Employment during this event to coordinate 25 free
workshops, 15 for job seekers and 10 for employers. Your approval of this expenditure would allow
Partnerships for Employment to market this event heavier in Yakima and those specific target areas that all of
us focus on.
Thank you for considering this letter.
Sincerely,/ /
Scott R. Washburn, PHR
Human Resource Director
306 Holton Avenue • Yakima, WA 98902 • (509) 453-6079 • FAX (509) 453-6285