Loading...
HomeMy WebLinkAboutR-2000-007 Contracts for 1999 Community Development Block Grant Community Services projects (WAME, YMCA, YWCA, & Yakima County OffiRESOLUTION NO. R-2000- 07 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute agreements with four community organizations, to implement projects for Community Services, included in the 1999 Community Development Block Grant Consolidated Plan. WHEREAS, the City of Yakima was a recipient of 1999 Federal Community Development Block Grant funds which may be used, among other things, for Community Services, and WHEREAS, the City Council considered and approved the One Year Plan and budget including $50,000 for Community Services Focused on Youth; and WHEREAS, a balance of $35,000 from the 1998 CDBG Community Services budget was carried over to 1999; and WHEREAS, a citizen advisory committee, with the assistance of staff from the Office of Neighborhood Development Services, has researched and evaluated the 11 applications submitted; and WHEREAS, the Council Neighborhood Development Services Committee has reviewed the evaluation of proposals by the citizen advisory committee and has recommended four projects totaling $73,277 including: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Community Services TOTAL and Project Amount Youth Finance Employment $25,308 Discovery YMCA Outreach Program $20,000 Domestic Violence Cell Phone Program $9,000 Best SELF Program Expansion $18,969 $73,277 WHEREAS, the City desires that the funds be conditioned upon execution of an agreement with the organizations and project managers; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with these organizations in accordance with the terms and conditions of the attached agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the agreements between the City of Yakima and the community organizations and project managers in order to implement the 1999 Community Services Program as approved by City Council. ADOPTED BY THE CITY COUNCIL this 18tday of January 2000. .447:( ATTEST: City Clerk 1999 CDBG COMMUNITY SERVICES PROJECT SUMMARIES WASHINGTON ASSOCIATION OF MINORITY ENTREPRENEURS (WAME) "Youth Financial Fitness for the New Millenium" $25,308 Project focuses on provided realistic financial training and on the job training in business finance and accounting for 12 youth during the first 6 months of the program. After the training period, 10 youth will be placed in positions in private businesses in financial fields such as accounting offices, escrow and title companies, etc. Two students, based on their interest and motivation, will receive assistance in setting up their own cottage industry business. All students will be required to be enrolled in school and be residents of the CDBG Target Area. YAKIMA FAMILY YMCA "Discovery YMCA" $20,000 Discovery YMCA focuses on three main components. The first is to expand existing programs and services to a multi -generation population of individuals in the CDBG target area. Second, it will provide financial assistance and transportation between the YMCA and the Southeast community Center to individuals who are unable to access YMCA programs due to these barriers. Finally, the program will seek to provide funding to strengthen the collaboration with the Substance Abuse Coalition and expand the opportunity for youth participate the Eastside Sports League. Specifically, the YMCA will set up a part-time branch office at SECC, provide van shuttle to and from the YMCA from SECC throughout the day. YAKIMA COUNTY OFFICE OF COMMUNITY SERVICES "Best SELF" (Summer Education & Learning is Fun) $18,969 Best SELF offers academic instruction and recreational opportunities to children, kindergarten through sixth grade. It is a comprehensive service that provides continuity of structure, education, and care for children beyond the scope that one program alone can offer. Yakima County is the fiscal agent, manages the program and hires staff. The program replicates an award-winning program in Skagit County. Proposal requests $18,969 to expand Best SELF by 1 classroom in Yakima. The project targets 25 low and moderate income children. Funds would enable the program to hire 1 certified teacher, 2 college student teaching assistants, and 3 high school mentors. Funds would also cover expenses for field trips and classroom supplies. YAKIMA YWCA "Domestic Violence Cell Phone Program" $9,000 Project goal is to provide immediate help to domestic violence and stalking victims. The YWCA has partnered with US Cellular and the Prosecuting Attorney's Office to provide victims of abuse with cellular phones. The phones allow victims to contact emergency services regardless of where the threat of danger takes place. The phones are pre- programmed to dial only 911 and YWCA hotline number. CDBG funds will pay for the cost of one part-time staff person to coordinate the program, plus supplies and administrative overhead costs. ITEM TITLE: SUBMITTED BY: CONTACT: BUSINESS OF THE CITY COUNCIL YAIUMA, WASHINGTON AGENDA STATEMENT Item No. 11 For Meeting Of: January 18, 2000 Contracts for 1999 Community Development Block Grant Community Services projects. , Director of Community and Economic Development Michael A. Morales, Grants Writer/Compliance Officer 575-3533 SUMMARY EXPLANATION: The Office of Neighborhood Development Services (ONDS) issued a Requests for Proposals (RFP) for Community Services projects. Total funds available were $85,000, which is a combination of the 1999 budgeted amount and carryover funds from 1998. The review of proposals was conducted by a five -member committee of community residents and one Council member. The committee used a 100 point scoring system, and ranked proposals by their composite scores. The rankings were then presented to the Council Neighborhood Development Committee, which has recommended the following four proposals for funding: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Community Services TOTAL Project Amount Youth Finance Employment $25,308 Discovery YMCA Outreach Program $20,000 Domestic Violence Cell Phone Program $9,000 Best SELF Program Expansion $18,969 $73,277 The attached resolution authorizes the City Manager and City Clerk to execute contracts with the four organizations to complete the projects as approved by the City Council. Resolution X Ordinance _ Contract X Other Funding Source: Community Development Block Gr ds 1 Approval for Submittal: , f' / 4 City Manager STAFF RECOMMENDATION: BOARD RECOMMENDATION: COUNCIL AC,1'1ON: Staff recommends approval. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES CONTRACT This Contract (hereinafter "Contract") is entered into by and between the City of Yakima (hereinafter the "City"), and Yakima Family YMCA (hereinafter the "Contractor"). 1 Contractor's Address: 5 North Naches Avenue Yakima, WA 98901 2. Contractor's Phone Number: (509) 248-1202 3. Contact Person: Gretchen Fickmeyer 4. Title of Service or Program being Funded: Discovery YMCA Outreach Program 5. Amount of Contract Award: $20.000.00(CDBG) 6. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 2 / 2 S /0/ , unless sooner terminated by either party in accordance with Section XXIII or Section XXV of incorporated Exhibit "A". 7. This Contract 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, and a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.R-2000-07, a copy of which is attached hereto as Exhibit "0" and incorporated herein by this reference. 8. Final Contract payment shall be subject to satisfactory completion of project described in Exhibit B, contractor/subcontractor lien releases, and satisfaction of all contract terms and conditions as stated in Exhibit "A" and Exhibit "C". This written document and incorporated exhibits constitutes the entire Contract between the parties. IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated below. ,d Willie i Cook, G D Direc&-2-1-1 R.A. Zai City Maa er Cont -. or Title: ed.„"e4 a„.€ c-4 Contract No. 2000-16 Resolution No. R-2000-07 T EST j1 City Cle 4cn4% 27 eej date 02/9/00 Date Oa -/a 9 �co Date EXHIBIT "A" TERMS AND CONDITIONS DFSIGNATION 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 Contractor to undertake, and the Contractor 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 Contractor 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 the Contractor $20,000.00 for said project. 111 GENEBAL13111:22E1.2EIVISLCMIS The Contractor 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 Contractor or obligation of the Contractor 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 CDBG Program" and come within the Project Budget. B. No payment shall be made for any service rendered by the Contractor 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 Contractor 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 Contractor prior to the Contractor incurring any expenditures against the revised budget categories. 2 February 4, 2000 2. When the revision of the Contractor budget does not exceed ten percent (10%) of an approved budget category, the Contractor must submit a revised budget to the City of Yakima ONDS prior to the submittal of claims against the budget. IV COMMFNCEMENT OF WORK The City of Yakima ONDS shall furnish the Contractor 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. The Contractor shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in section 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 The Contractor 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 surplus funds returned to City. VIII COMPLIANCE WITH I AWS A. GENERAL The Contractor, 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. PROCURFMENT AND CONSTRUCTION OR REPAIR PROJFCT RFQUIREMENTS 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 Contractor shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out his/her 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. 3 February 4, 2000 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 Contract, and Contractor 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 Contractor, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, 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 and corresponding federal regulations (24 CFR 146). 13. Fair Housing Act and corresponding federal regulations (24 CFR 100, CFR 107 and 24 CFR 1). 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE requirements (24 CFR 85.36). 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 the Contractor 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 Contractor retains responsibility for fulfilling the requirements of 4 February 4, 2000 the State Environmental Policy Act and regulations and local ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION! Performance by either the City of Yakima ONDS or the Contractor 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. The Contractor agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, political affiliation, age, or the presence of any sensory, mental or physical disability. Such action shall include, but not be limited to: employment, upgrading, demotion, transfers, recruitment, advertising, layoff, termination, rates of pay, compensations, programs for training including apprenticeships. The Contractor 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. The Contractor 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, political affiliation, age or the presence of any sensory, mental or physical disability. 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. The Contractor 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. The Americans with Disabilities Act. The Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. & 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 5 February 4, 2000 D. 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 Contractor 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 The Contractor 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. Contractor agrees that City may carry out monitoring and evaluation activities so as to ensure compliance by Contractor with this Contract, with the CDBG Compliance Documents, and with all other laws, regulations, and ordinances related to the performance hereof. Contractor agrees to provide City with any data determined by City to be necessary for its effective fulfillment of its monitoring and evaluation responsibilities. B. A often as City may deem necessary and upon 24 hour notice, Contractor 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. Contractor 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 Contractor 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 Terms and Conditions (Exhibit A), Project Description/ Statement of Work (Exhibit B). 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 and/ or required by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contractor 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. In the event of such assignment, the assignee shall assume all duties, obligations, and liabilities of Contractor as stated in this Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contractor 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, 6 February 4, 2000 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 Contractor 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. The Contractor shall retain all books, records, documents and other material relevant to the Contract for seven (7) years after "final payment is made on" this Contract. The Contractor 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. The Contractor agrees that any contributions or payments made for services furnished under this Contract 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. The Contractor shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: A. 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. B. 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. C. 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. D. Adequate maintenance procedures shall be implemented to keep the property in good condition. E. If the Contractor 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 the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. F. Non -expendable personal property purchased by the Contractor 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. G. Any non -expendable personal property furnished to, or purchased by, the Contractor, 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. H. 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, the 7 February 4, 2000 Contractor 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. I. The Contractor 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 Contractor 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 the Contractor. No agent, employee, or representatives of the Contractor shall be deemed to be an employee, agent, servant or representative of the City of Yakima for any purpose, and the employees of the Contractor are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contractor 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 Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. XIX QUARTERLY REPORT Within thirty (30) calendar days of the end of each quarter during the term of this Contract the Contractor shall submit a written quarterly report outlining the progress towards completion of activities required under this Contract to the City of Yakima. XX INSURANCLF A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Contract, 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 thjs Contract. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds, 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. B. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE 8 February 4, 2000 On or before the date this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state 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 Contract. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, 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 initialed 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. 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 Contract, 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 Contract. Coverage under said policy shall remain in full force and effect for a three (3) year period after the expiration/termination date of this Contract with the same retroactive date either through renewal policies or "tail" coverage on the current policy. D. 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. Upon request a copy of the policy will be furnished to the City. E. 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 AND HOLD HARMLESS All services to rendered or performed under this Contract will be performed or rendered entirely to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold harmless the City of Yakima and all of its officers, agents, employees and elected officials from any and all liability, loss, fines, penalties, damages, lawsuits, judgements, awards, costs, and expenses (including reasonable attorney's fees and disbursements), which result from, arise out of, or are in any way connected with the services to be performed by the Contractor under this Contract. 9 February 4, 2000 XXII CONTRACT, T RMINATION AND OS O T If the Contractor 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 the Contractor 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 Contractor 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. The Contractor 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 Contractor of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contractor. 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, non -withstanding 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 non -withstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the Contractor or its representative. The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed reduction in funding by Federal or other officials. The Contractor 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 Contract 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. 10 February 4, 2000 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 Contractor, the City of Yakima shall make or arrange for payment to the Contractor of allowable reimbursable costs not covered by previous payments. 2. The Contractor 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 the Contractor after fully considering the recommendation on disallowed costs resulting from the final audit. XXIII 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. XXIV CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate 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. XXV 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 11 February 4, 2000 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. XXVI 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. XXVII 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. XXVIII 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. XXIX CONFI ICT OF INTERFST No member, officer, or employee of the City of Yakima, or the Contractor, 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. XXX RETURN OF CDBG FUNDS The Contractor shall return to the City all monies provided hereunder by the City to the Contractor if any of the following occur: 1. The Contractor materially changes the primary purpose and scope of the CDBG Project as described on Exhibit "B" to the Contract; or 2. The Department of Housing and Urban Development requires a 20 year "Affordability Period" from the date of execution of the Contract, and if the real property that is the subject of the CDBG Project described on Exhibit "B" to the Contract is sold or transferred in any way by the Contractor. XXXI PROJECT PROCEEDS CDBG funds provided by the City of Yakima to the Contractor shall be repaid to the City at no interest from project cash flow if and to the extent that annual net operating income to the Contractor (after project operating expense and first lien debt service) exceeds ten (10) percent 12 February 4, 2000 of the Contractors investment in the project (including equity and private lending) in any of the first five (5) years after issuance of a Certificate of Occupancy. XXXII SURVIVAL Any provision of this Contract which imposes an obligation after termination or expiration of this Contract shall survive the term or expiration of this Contract and shall be binding on the parties of this Contract. XXXII! 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, (Exhibit B), 4. City of Yakima Resolution No. R-2000-07 (Exhibit C), and 5. 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. XXXIV GOVERNING LAW 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. XXXV VENUE The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. 13 February 7, 2000 EXHIBIT B 1999 Community Development Block Grant Request Yakima Family YMCA 5 North Naches Avenue Yakima, WA 98901 Discovery YMCA (509) 248-1202 (Phone) (509) 248-0125 (Fax) Contact Person: Gretchen Eickmeyer A.) PROPOSAL SUMMARY/PROJECT ABSTRACT In 1906, the Yakima Family YMCA began offering recreational and socialization programs to the Yakima community. These programs were designed to help individuals develop self-confidence, self-respect and an appreciation of their own worth as individuals. Today, it is still the focus of the Yakima Family YMCA to provide individuals of all ages, ethnic groups and religious affiliations quality programs and services that seek to improve the lives of youth, strengthen families and build a stronger community. The Yakima Family YMCA is a non-profit organization that is governed by a board of directors. Volunteers are the foundation of our existence. Our commitment to quality of life in the Yakima Valley is delivered through programs like swimming lessons, youth sports, youth and family outreach services, child care, day and residence camping, adult fitness, family programs and active older adult activities. Sustained program funding comes from various sources including membership dues, the United Way, an annual support campaign and community collaborations. The Yakima Family YMCA is seeking CDBG funding to implement Discovery YMCA. It will focus on three main components. The first is to expand existing programs and services to a multi -generational population of individuals in the target area. It will also focus on providing financial assistance and transportation between the YMCA and the Southeast Community Center to individuals who are unable to access YMCA programs because of these two barriers. Finally, it will seek to provide funding to strengthen the collaboration with the Substance Abuse Coalition and expand the opportunity for youth to participate in the Eastside Sports League. More specific components of Discovery YMCA include a part-time branch office at SECC, van transportation during certain hours of the day, financial assistance for programs like swimming lessons, active older adult fitness classes, pre -natal fitness, family times, youth sports and other types of enrichment programs offered by the YMCA. Not only will Discovery YMCA seek to bring individuals into the YMCA to participate in on-site programs (Saturday Nite Live, Achievers, and the Youth Job Program), it will also seek to take some existing programs and services to SECC such as access to our Early Intervention -Prevention Program, and ASPIRE, our mentor program. A.) PROPOSAL SUMMARY/PROJECT ABSTRACT Desired outcomes from the implementation of Discovery YMCA include an increase in the quality of life for children and families in our community, more socialization opportunities for multi -generational participants and enhanced community resources. The cost to implement Discovery YMCA is $20,000. Funding would be used for part-time staff salaries, uniforms, equipment, trophies, transportation and program financial assistance. B.) ASSESSMENT OF NEED Often times negative stigmas related to race, gender, and economic resourcefulness are unfairly placed on many citizens in our community. We assume that people are lazy, violent, uneducated, and out to get " what they can for nothing." We criticize parents for not being better parents and we often underestimate the minds of senior citizens. We expect that all standards of behavior should be identical to our own beliefs. The longevity of a successful community depends greatly upon the resources and opportunities available to its citizens. It is the goal of the Yakima Family YMCA and Discovery YMCA to help build strong kids, strong families and strong communities. We can provide parents with tools to become more resourceful. We can offer active older adults opportunities for social, mental and physical development. We can keep youth off of the streets, protecting them from becoming fatally damaged by negative influences. The implementation of Discovery YMCA will strive to address the following issues: 1. According to the YMCA of the USA, demographic trends indicate that the minority population in the U.S. is growing steadily. By the year 2010, 50% of all children living in the United States will be minority, or non - Caucasian. Yakima is one of the nation's leaders in this trend with a demographic make-up, which according to the Greater Yakima Chamber of Commerce includes a 49.37% minority population. 2. There is a need to connect the citizens of Southeast Yakima with the resources available. An average of 26% of households within the area of the SECC are receiving Public Assistance Income, and the Median Household Income is a mere $11,681. With this low level of income, families cannot afford to participate in many available programs. 3. Within the target area in which the Southeast Community Center is located, 39% of senior citizens (55 or older) are living below the poverty level. 4. Statistical information from the City of Yakima Police Department shows an increase in city wide juvenile arrests from 1,615 in 1997 to 1,721 in 1998. Without proper guidance through YMCA programs such as ASPIRE, these young people will not have the appropriate role models. B.) ASSESSMENT OF NEED Furthermore, 1990 U.S. Census statistics indicate that in the 6 -block area from Mead Avenue to Yakima Avenue and First Street to Interstate 90, youth, senior citizens and low-income families need healthy activities to promote self- esteem and productivity: Number of youth (birth — 18 years): 3,226 Number of senior citizen (55 or older): 1,402 Number of senior income below poverty level: 542 Percentage of senior citizens living below poverty level: 39% Percentage of households receiving public assistance: 26% Median Household Income: $11,681 Not only will the implementation of Discovery YMCA help to strengthen existing community collaborations, it will be one small step in making a tremendous impact on the lives of so many youth, families and active older adults in our community. C.) DISCOVERY YMCA PROGRAM GOALS & OBJECTIVES Goal #1: To expand program access to a diverse community population The objective of Discovery YMCA is to assist in reducing mobility barriers by providing scheduled van transportation to 125 individuals in the target neighborhood, between the YMCA and the South East Community Center, 20 trips per week, during the 30 week time period. Goal #2: To support and develop healthy, stable individuals and families The objective of Discovery YMCA is to assist in reducing area crimes, juvenile delinquency, domestic disputes and depression by offering positive social interactive programs to individuals in the target area that focus on the character values of Caring, Honesty, Respect and Responsibility, during a 30 week time period to 125 youth and adults in the target neighborhood. Goal #3: To develop and enhance community resources The objective of Discovery YMCA is to assist in increasing assess to community resources to individuals in the target area by placing a part-time person in a YMCA branch office at the South East Community Center, available at a minimum of 3 -days a week, from 3:00 p.m. — 9:00 p.m., during a 30 week time period. Goal #4: To strengthen existing community collaborations The objective of Discovery YMCA is to work toward a common goal, together with at least three other community agencies by locating a YMCA branch office in the South East Community Center, available at a minimum of 3 days a week, from 3:00 a.m. — 9:00 p.m., during a 30 week time period. Goal #5: To provide healthy, positive activities for youth The objective of Discovery YMCA is to provide the opportunity for the Eastside Sports League to expand participation to 200 additional youth in the target area in basketball, baseball, track and football in 2000. D.) DISCOVERY YMCA METHODOLOGY The following actions will be taken to implement the Discovery YMCA program expansion. 1. Assign a YMCA program director to oversee the administrative duties related the Discovery YMCA program expansion including hiring, training and supervising part-time staff. 2. Through the Discovery YMCA branch office, provide target neighborhood individuals with information and access to existing YMCA programs including swimming lessons, day camp, child care, parenting classes, active older adult fitness, adult fitness, youth sports programs, family activities and Saturday Nite Live. 3. Through the Discovery YMCA branch office, provide access and information on existing YMCA outreach and collaborative programs such as ASPIRE, Achievers, Youth Jobs, East Side Sports League, and the Early Intervention -Prevention Program to individuals in the target neighborhood. 4. Through the Discovery YMCA branch office, provide access and information about YMCA family development programs such as family nights and parenting programs (in collaboration with Central Washington Comprehensive Mental Health). 5. Hire and train a part-time staff person to work 25 hours a week in the Discovery YMCA branch office (located at SECC) and to provide individuals in the target neighborhood with general program information, financial assistance and transportation coordination. 6. Offer free van transportation between the YMCA and SECC, 20 trips per week at various scheduled times for target neighborhood individuals. 7. Establish a financial assistance program for target neighborhood individuals to apply for financial assistance to participate in existing YMCA programs and activities. Financial assistance will defer all or some of the program fees and will be based on a sliding scale. Financial assistance will be limited to 2 programs and/or sessions per individual and will be distributed until the funds are no longer available. 8. Collaboratively work with the Eastside Sports League on the development and implementation of the basketball, baseball, track and football programs. 9. Flyers regarding the programs and activities offered through Discovery YMCA will be distributed to businesses and schools in the target neighborhood including the SECC, Adams Elementary, Barge -Lincoln Elementary, Washington Middle School and the Yakima Senior Center. 10. Work with the area schools and SECC to identify individuals and families who would benefit from participating in YMCA programs. 11. Send out customer satisfaction surveys to target neighborhood participants to receive their feedback on their experience with the Discovery YMCA program. E.) EVALUATION Both subjective and objective program evaluations will focus on achievement of the stated outcomes for the Discovery YMCA program. These reports will be assessed quarterly, at the completion of the 30 week program cycle and the end of each Eastside Sports League activity season. Objective evaluation components will include: 1. Tracking the number of individuals served from the target neighborhood. 2. Tracking the specific types services each participant receives. 3. Tracking the number of requests for financial assistance and how much is awarded to each participant. 4. Tracking the number of participants who utilize the free van shuttle. 5. Tracking participation of other programs and services located at the SECC. 6. Tracking demographics such as age, gender and ethnicity of participants, number of individuals in the family, program usage dates, name, address and phone number. Subjective evaluation components will include: 1. Customer satisfaction surveys will be sent out to all financial assistance recipients. The customer satisfaction survey will address ease of program access, program quality and customer service. 2. Participants will be asked to give feedback on the programs and activities they would like to see offered by the YMCA. 3. Participants will be asked to give feedback on the strengths and weaknesses of the services provided by the Yakima Family YMCA. F.) COMMUNITY INVOLVEMENT Currently the Yakima Family YMCA is working with other community agencies on programs and services provided in the target neighborhood. The Implementation of Discovery YMCA will provide the opportunity to continue these collaborative relationships, as well as, foster growth for new collaborations. Organizations that are involved and support Discovery YMCA development, implementation, and evaluation include the South East Community Center and the Substance Abuse Coalition, the YMCA Youth and Family Committee, the East Side Sports League, the Early Intervention -Prevention Program (a collaboration with The Casey Family Program), the United Way of Yakima County and the Yakima Police Department. Each of these agencies has voiced support for the program development and implementation of Discovery YMCA. The YMCA Youth and Family Committee will assist with the program evaluation. G.) FUTURE AND OTHER NECESSARY FUNDING In conjunction with the funding from the Community Development Block Grant, the Yakima Family YMCA is committed to providing funding for occupancy at SECC and part of the administrative costs for this grant request. Based on the success of Discovery YMCA (to be determined by the program evaluations), the YMCA Youth and Family committee would make a recommendation to the YMCA Board of Directors, the YMCA Annual Youth Support Campaign and the 011ie Nelson Youth Endowment Fund to maintain the continuance of Discovery YMCA. H.) DISCOVERY YMCA BUDGET NARRATIVE Funds from the CDBG will be used to cover part of the administration costs, part-time staff expenses, retirement and payroll taxes, transportation costs related to the van shuttle service, equipment and supplies for the Eastside Sports League, printing and promotions. The Yakima Family YMCA would be responsible to cover part of the administration costs, financial assistance for memberships and programs and our occupancy space at the Southeast Community Center. The financial assistance that the Yakima Family YMCA will provide for memberships and programs assistance is $3,000. This amount equates to approximately 85 youth memberships or approximately 100 program session fees or 20, three-month family memberships. The financial assistance will actually be a combination of memberships and program session assistance. Administration $2,570 Staff / Van Driver (25 hours a week X $7.50 per hour X 30 weeks) $5,625 FICA & Retirement $1105 Printing & Promotion $350 Transportation (40 trips / wk X 2 miles X $.35 per mile X 30 weeks) $840 Vehicle Maintenance & Upkeep $160 Sports Supplies $2,000 Uniforms $5,350 Sports Equipment $2,000 Discovery YMCA budget Total $20,000 I.) REQUIRED ADMINISTRATIVE INFORMATION 1. Resolution by Board of Directors authorizing application (Attached) 2. Letters of commitment from other organizations contributing financially to the project (Attached) 3. IRS Determination Letter (Attached) 4. Evidence of incorporation in the State of Washington (Attached) CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: Yakima Family YMCA PROJECT: Discovery YMCA Expense Categories CDBG Funds State, Federal Applicant Share Total or Private Funds (In -Kind) Personnel $8,195 $2,570 $10,765 Fringe Benefits $1,105 $ 500 $;1,605 Travel $1,000 $ 1,000 Equipment $2,000 $ 2,000 Supplies $7,350 $ 7,350 Contractual Other Occupancy (Specify) $1,950 $1,950 1. Printing 350 $ 350 $ 700 2. Family Assistance $ 3,000 $3,000 Total $20,000 $ 8,370 $28,370 City of Y4ki,na Police Department Don Blesio, Chief o Polii e Telephone: (509) 575-6200 • Fax (509) 575-6007 200 South Third Street Yakima, Washington 9890/ November 9, 1999 Ms. Gretchen Eickmeyer Yakima Family YMCA 5 North Naches Avenue Yakima, WA 98901 Dear Ms. Eickmeyer: It is my pleasure to offer this letter of support for the Yakima Family YMCA's application to receive the maximum funding requested of the City of Yakima's Community Development Block Grant funding for implementation of a "Community Services Focused on Youth" program. The Yakima Family YMCA has had a long tradition of supporting youth prevention programs in this community. This year, it is my understanding that the grant request will allow for expansion of the Eastside Sports League which has played a critical role in serving hundreds of youth in this community who ordinarily would not have had the opportunity if this program was not in place. The grant request would also allow for the establishment of a semi -branch office at the S.E. Community Center and would provide transportation services between the YMCA and the Center as well. These services would allow youth to avail themselves of programs at the "Y" which they normally would not be able to access without the needed services and transportation. I cannot stress enough the need for programs and services such as these for the youth in our community. As you may know, problems with drug usage, violence and gangs affects the whole community and the quality of life for all of our citizens. Programs outlined in this grant request would have a tangible and proactive response to these problems facing our youth and our community. The Yakima Police Department and the Yakima Family YMCA have enjoyed a long and successful history of working together towards building a stronger and safer community. Because of this demonstrated history and teamwork, I believe the YMCA will be an effective, efficient agency to deliver the critical services needed in our community and urge support for their application. Mw Sincerely 7Y Z1 Don Blesio Chief of Police Yakiiva CouiiIy SuhsIillwr 1IIIr M11011 Letter of Support for Yakima YMCA The Yakima County Substance Abuse Coalition is happy and enthusiastic about our new partnership with the Yakima YMCA for the Eastside Youth Sports Program. The partnership can only strengthen and enhance the service provided to kids through the Eastside Sports Program. By partnering with the "Y", children presently involved in the sports program can now avail themselves of other services through the Y's programs. Conversely, children who participate in Y programs can now become involved in other programs we offer. The future success and sustainability of youth service is going to depend largely on service agency's abilities to collaborate and partner in order to stretch dollars and expand services. This agency and the staff of the YMCA have collaborated for the past eight years on various projects and program services. Our relationship is firm and strong; our philosophy with regard to kids is very similar; and, our commitment to the citizens of Yakima is the sante: Build strong kids for the future. It makes sense, then, that we enter this Eastside Sports Program partnership. We hope you will agree; and give all consideration to the grant request being submitted by the YMCA. Yo s sincerely, Ester B. Huey Executive Director 1211 South 7th Street • P.O. Box 554 • Yakima, WA 98907 (509) 575-6114 • 1-800-323-8884 • FAX (509) 575-4649 YMCA We build strong kids, strong families, strong communities. October 27, 1999 Mr. Marvin Miller ONDS Manager, City of Yakima Office of Neighborhood Development services 112 South Eighth Street Yakima WA 98901 Dear Mr. Miller: The Yakima Family YMCA Board of Directors strongly encourages and supports the submission of this Community Development Block Grant (CDBG) to further enhance the quality of life for children and families in Southeast Yakima. Sincerely, Bill Dolsen Vice President, Board of Directors Yakima Family YMCA • 5 North Naches Avenue • Yakima, WA 98901-2796 (509) 248-1202 • fax: (509) 248-0125 • e-mail: yakymca@efcom.com The Yakima Family YRL(:A sucks to put (:hc i.stimc p1 inciplcs into pi actier though programs that huild healthy spirit, mind, and body for all. AMENDED ARTICLES OF INCORPORATION of LiLcU APR 191972 A. LUDLOW KRAMER SECRETARY nF STATE YOUNG MEN'S CHRISTIAN ASSOCIATION OF YAKI_'tA We, the undersigned, the President and Secretary, respectively, of Young Men's Christian Association of Yakima, do hereby certify in triplicate as follows: That at the annual meeting of said Association duly and regularly called and held on the 25th day of January, 1966, at which a quorum of members was present at the Association building, North Naches and Yakima Avenues, Yakima, Washington, a resolution was adopted unanimously by the members present at such meeting or represented by proxy that the Articles of In- corporation of the Association be amended to read as follows: ARTICLE I The name of the corporation shall be YOUNG MEN'S CHRISTIAN ASSOCIATION OF YAKIMA. ARTICLE II This is a charitable non-profit corporation as defined in the U. S. Internal Revenue Code and by the laws of the State of Washington. The purposes for which the corporation is formed are: 1. To assist in the development of a Christian society and to aid in the formation of Christian character and personality. 2. To invite as members of the Association all persons, particularly young people, regardless of race, creed, or material resources, who may assist in the Association's purpose or who may themselves be assisted by such purpose, and to encourage each member to be faithful to the teachings and practices of his own church. 3. To buy, rent, lease, acquire, improve and own all kinds of real and personal property, and to sell, lease, mortgage, release and dispose of the same, all for the charitable purpose of the Association; to acquire property by gift or inheritance and to use said property with the income therefrom for said charitable purpose. 4. To engage in any pursuits, ventures or promotions in aid of or not inconsistent with its general purpose. 5. To maintain and conduct branch associations, offices or extension programs. 6. To do any and all things necessary, suitable or proper for the accomplishment of the Association's purpose, the attainment of any of its objects, or for the exercise of any of the powers herein set forth, whether herein specified or not, either alone or in connection with others. 7. The foregoing clauses shall be construed both as objects and powers but no recitations, or declaration of specific or special powers or purposes herein to be exclusive; but it other lawful powers not perpetual. enumerated, shall be deemed is hereby expressly declared that all inconsistent therewith are hereby included. ARTICLE III The time of existence of the corporation shall be The office of the ARTICLE IV location and post office address of the registered corporation is North Naches and Yakima Avenues, Yakima, Washington. ARTICLE V The affairs of the corporation shall be managed by a board of directors of not less than fifteen nor more than forty-five members who shall elect annually as officers of the corporation a president, vice-president, treasurer and general secretary, with such other officers as may be designated by the By -Laws. The directors of the Association their successors are J. S. APPLEGATE RALPH T. BALLARD EDWARD A. BANNISTER WARREN H. BEAN, JR. TIIOMAS C. BOSTIC JAMES D. BRONSON LYMAN J. BUNTING CHARLES C. CODY ARTHUR S. COFFIN STANLEY COFFIN, M.D. who shall serve until elected and qualified are: L. W. DICK ROBERT R. DOLSEN ROBERT FELTHOUS CLARENCE R. ERNST W. L. HANSEN HAROLD S. HELLIESEN RICHARD J. HEWS O. E. HOLLINGBERY ARTHUR W. KIRSCHENMANN WALTER H. LEWIS PATRICK A. LYNCH, M.D. RICHARD A. MARBLE MILTON L. MARTIN ROY A. MATSON FRED G. REDMON E. A. REINERTSEN W. H. ROBERTSON RALPH SUNDQUIST ROBERT TOLSON JAMES E. TONKIN ARTICLE VI In the event of dissolution the assets shall be distributed to or for the benefit of charitable or educational purposes or uses in accordance with Section 501(c)(3) of the Internal Revenue Code. This corporation shall not conduct any activity not permitted by an organization exempt, or to which charitable contributions may be made which are exempt under the above Code. DATED this 25th day of January, 1966. YOUNG MEN'S CHRISTIAN ASSOCIATION OF YAKIMA STATE OF WASHINGTON ) ss. County o f Yakima ] This is to certify that on the 25th day of January, 1966, before me, a notary public in and for said state, person- ally appeared J. S. APPLEGATE and OLIVER E. NELSON, to me known to be the president and secretary respectively of YOUN MEN'S CHRISTIAN ASSOCIATION OF YAKIMA, a corporation, and who have signed the foregoing Amended Articles of Incorporation; that they acknowledged to me that they executed the same as their free and voluntary act and deed and the free and voluntary act and deed of the corporation for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. IN WITNESS WHEREOF I do hereby affix my seal and set my hand the day and year in this certificate first above written. Not ublic an and for the State of/ ashington, residing at Yakima Gia izrJ4 ((W H.02 Internal Revenue Service Department of the Treasury District Director Young Mens Christian Association of Yakima 5 North Naches Avenue Yakima, WA 98901-2712 re:#91-0568717 Dear Taxpayer: 300 N Los Angeles Street, MS 7043 Los Angeles, CA 90012 Person to Contact:Stephen M. Klopp Telephone Number:213-899-2289 Refer Reply to. EO 0514 97 Date: MAY I Q In: This letter is in response to your request for a copy of the determination letter for the above named organization. Our records indicate this organization was recognized to be exempt from Federal Income Tax in May 1972 as described in Internal Revenue Code Section 501(c)(3). It is further classified as an organization that is not a private foundation as defined in Section 509(a) of the Code, because it is an organization described in Section 170(b) (1) (A) (vi) . The exempt status for the determination letter issued in May 1972 continues to be in effect. If you need further assistance, please contact our office at the above address or telephone number. Sincerely, 14 Disclosure Assistant TOTAL P.02 EXHIBIT C RESOLUTION NO. R-2000- 07 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute agreements with four community organizations, to implement projects for Community Services, included in the 1999 Community Development Block Grant Consolidated Plan. WHEREAS, the City of Yakima was a recipient of 1999 Federal Community Development Block Grant funds which may be used, among other things, for Community Services, and WHEREAS, the City Council considered and approved the One Year Plan and budget including $50,000 for Community Services Focused on Youth; and WHEREAS, a balance of $35,000 from the 1998 CDBG Community Services budget was carried over to 1999; and WHEREAS, a citizen advisory committee, with the assistance of staff from the Office of Neighborhood Development Services, has researched and evaluated the 11 applications submitted; and 'WHEREAS, the Council Neighborhood Development Services Committee has reviewed the evaluation of proposals by the citizen advisory committee and has recommended four projects totaling $73,277 including: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Community Services TOTAL and Project Amount Youth Finance Employment $25,308 Discovery YMCA Outreach Program $20,000 Domestic Violence Cell Phone Program $9,000 Best SELF Program Expansion $18,969 $73,277 WHEREAS, the City desires that the funds be conditioned upon execution of an agreement with the organizations and project managers; and WHEREAS, the City Council has deternuned that it is in the best interest of the City to contract with these organizations in accordance 4)ith the terms anc{ conditions of the attached agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the agreements between the City of Yakima and the community organizations and project managers in order to implement the 1999 Community Services Program as approved by City Council. ADOPTED BY THE CITY COUNCIL this 18%day of January 2000. SO MARY P ATTEST: KAREN. Insr�-II,, q City Clerk LACE Mayor Certified to be n trne and correct copy ern the original filed in my office. ,--,z/-Oa CITY CLERK J 'Z CIBC h_jl=G-/G<=) Deputy ITEM TITLE: SUBMITTED BY: CONTACT: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: January 18, 2000 Contracts for 1999 Community Development Block Grant Community Services projects. , Director of Community and Economic Development Michael A. Morales, Grants Writer/Compliance Officer 575-3533 SUMMARY EXPLANATION: The Office of Neighborhood Development Services (ONDS) issued a Requests for Proposals (RFP) for Community Services projects. Total funds available were $85,000, which is a combination of the 1999 budgeted amount and carryover funds from 1998. The review of proposals was conducted by a five -member committee of community residents and one Council member. The committee used a 100 point scoring system, and ranked proposals by their composite scores. The rankings were then presented to the Council Neighborhood Development Committee, which has recommended the following four proposals for funding: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Community Services TOTAL Project Youth Finance Employment Discovery YMCA Outreach Program Domestic Violence Cell Phone Program Best SELF Program Expansion Amount $25,308 $20,000 $9,000 $18,969 $73,277 The attached resolution authorizes the City Manager and City Clerk to execute contracts with the four organizations to complete the projects as approved by the City Council. Resolution X Ordinance Contract X Funding Source: Community Development Block Gr An royal for Submittal: Other ds City Manager STAFF RECOMMENDATION: BOARD RECOMMENDATION: COUNCIL AC, 1'ION: Staff recommends approval. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES CONTRACT This Contract (hereinafter "Contract") is entered into by and between the City of Yakima (hereinafter the "City"), and Yakima County Office of Community Services/Best SFLF (hereinafter the "Contractor"). 1. Contractor's Address: County Courthouse Rm 102 128 North 2nd Street Yakima. WA 98901 2. Contractor's Phone Number: (509) 574-1523 3. Contact Person* Judy Jacobson 4. Title of Service or Program being Funded: Best SELF Program Fxpansion 5. Amount of Contract Award: $18,969.00(CDBG) 6. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 2. - 22 - D/ , unless sooner terminated by either party in accordance with Section XXIII or Section XXV of incorporated Exhibit "A". 7. This Contract 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, and a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.R-2000-07, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 8. Final Contract payment shall be subject to satisfactory completion of project described in Exhibit B, contractor/subcontractor lien releases, and satisfaction of all contract terms and conditions as stated in Exhibit "A" and Exhibit "C". This written document and incorporated exhibits constitutes the entire Contract between the parties. IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated below. Willi CED Direc�tar�' CIAO R.A. Zai , Jr., City Manager Con actor The Honorable Jesse S. Palacios, Chairman of the Board of County Title: Commissioners Contract No. 2000-17 Resolution No . R-2000-7 ate <�`'���`-kP� Ph A C 0� j 61. 02 /9/t �•�``c:. '(*NSNi;'�' fr- 4...% /Date �_ �:�� 0�'°02/2.2/2. sm•a ;va_ Date .7p '- ,yy • y O�73S;,. ```‘` 111,111% 1". EST:4 City Clerk Attest: Sylvia E. Htnojosa. Clerk of the Board EXHIBIT "A" TERMS AND CONDITIONS I DFSIGNATION 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 Contractor to undertake, and the Contractor 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 Contractor 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 the Contractor $18,969.00 for said project. III GENERAL BUDGET PROVISIONS. The Contractor 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 Contractor or obligation of the Contractor 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 CDBG Program" and come within the Project Budget. B. No payment shall be made for any service rendered by the Contractor 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. 2 February 4, 2000 C. 1. The Contractor 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 Contractor prior to the Contractor incurring any expenditures against the revised budget categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) of an approved budget category, the Contractor 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 Contractor 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. The Contractor shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in section 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 The Contractor 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 surplus funds returned to City. VIII COMPLIANCE WITH LAWS A. GENERAL The Contractor, 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. The Contractor shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out his/her inspection and certification responsibility under those regulations. 3 February 4, 2000 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 Contract, and Contractor 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 Contractor, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, 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 and corresponding federal regulations (24 CFR 146). 13. Fair Housing Act and corresponding federal regulations (24 CFR 100, CFR 107 and 24 CFR 1). 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE requirements (24 CFR 85.36). 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 the 4 February 4, 2000 Contractor 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 Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and local ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or the Contractor 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. The Contractor agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, political affiliation, age, or the presence of any sensory, mental or physical disability. Such action shall include, but not be limited to: employment, upgrading, demotion, transfers, recruitment, advertising, layoff, termination, rates of pay, compensations, programs for training including apprenticeships. The Contractor 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. The Contractor 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, political affiliation, age or the presence of any sensory, mental or physical disability. 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. The Contractor 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. The Americans with Disabilities Act. The Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. & 12101 et seq. (ADA) and its 5 February 4, 2000 implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. D. 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 Contractor 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 The Contractor 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. Contractor agrees that City may carry out monitoring and evaluation activities so as to ensure compliance by Contractor with this Contract, with the CDBG Compliance Documents, and with all other laws, regulations, and ordinances related to the performance hereof. Contractor agrees to provide City with any data determined by City to be necessary for its effective fulfillment of its monitoring and evaluation responsibilities. B. A often as City may deem necessary and upon 24 hour notice, Contractor 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. Contractor 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 Contractor 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 Terms and Conditions (Exhibit A), Project Description/ Statement of Work (Exhibit B). 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 and/ or required by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contractor 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. In the event of such assignment, the assignee shall assume all duties, obligations, and liabilities of Contractor as stated in this Contract. 6 February 4, 2000 XV STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contractor 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. The Contractor 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. The Contractor shall retain all books, records, documents and other material relevant to the Contract for seven (7) years after "final payment is made on" this Contract. The Contractor 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. The Contractor agrees that any contributions or payments made for services furnished under this Contract 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. The Contractor shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: A. 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. B. 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. C. 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. D. Adequate maintenance procedures shall be implemented to keep the property in good condition. E. If the Contractor 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 the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. F. Non -expendable personal property purchased by the Contractor 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 February 4, 2000 G. Any non -expendable personal property furnished to, or purchased by, the Contractor, 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. H. 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, the Contractor 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. L The Contractor 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 Contractor 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 RFI ATIONSHIP OF THF PARTIFS 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 the Contractor. No agent, employee, or representatives of the Contractor shall be deemed to be an employee, agent, servant or representative of the City of Yakima for any purpose, and the employees of the Contractor are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contractor 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 TAXFS 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 Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. XIX QUARTERLY REPORT Within thirty (30) calendar days of the end of each quarter during the term of this Contract the Contractor shall submit a written quarterly report outlining the progress towards completion of activities required under this Contract to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Contract, 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 thjs Contract. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds, 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 8 February 4, 2000 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. B. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE On or before the date this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state 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 Contract. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, 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 initialed 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. C. DIRECTORSAND 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 Contract, 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 Contract. Coverage under said policy shall remain in full force and effect for a three (3) year period after the expiration/termination date of this Contract with the same retroactive date either through renewal policies or "tail" coverage on the current policy. D. 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. Upon request a copy of the policy will be furnished to the City. E. 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 AND HOLD HARMLESS 9 February 4, 2000 All services to rendered or performed under this Contract will be performed or rendered entirely to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold harmless the City of Yakima and all of its officers, agents, employees and elected officials from any and all liability, loss, fines, penalties, damages, lawsuits, judgements, awards, costs, and expenses (including reasonable attorney's fees and disbursements), which result from, arise out of, or are in any way connected with the services to be performed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND GJ OSE OUT If the Contractor 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 the Contractor 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 Contractor 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. The Contractor 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 Contractor of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contractor. After this effective date, no charges incurred under any terminated portions are allowable. B. TFRMINATIONS 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, non -withstanding 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 non -withstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the Contractor or its representative. The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed reduction in funding by Federal or other officials. The Contractor 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 10 February 4, 2000 level which would result if said proposed reduction became effective. This Contract 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 Contractor, the City of Yakima shall make or arrange for payment to the Contractor of allowable reimbursable costs not covered by previous payments. 2. The Contractor 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 the Contractor after fully considering the recommendation on disallowed costs resulting from the final audit. XXIII COVENANT AGAINST CONTINGFNT FFFS 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. XXIV CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate 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. XXV RIGHTS IN DATA The City of Yakima ONDS may duplicate, use and disclose in any manner and for any 11 February 4, 2000 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. XXVI 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. XXVII ,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. XXVIII PROGRAM INCOMF 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. XXIX CONFLICT OF INTFBFST No member, officer, or employee of the City of Yakima, or the Contractor, 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. XXX RETURN OF CDBG FUNDS The Contractor shall return to the City all monies provided hereunder by the City to the Contractor if any of the following occur: 1. The Contractor materially changes the primary purpose and scope of the CDBG Project as described on Exhibit "B" to the Contract; or 2. The Department of Housing and Urban Development requires a 20 year "Affordability Period" from the date of execution of the Contract, and if the real property that is the subject of the CDBG Project described on Exhibit "B" to the Contract is sold or 12 February 4, 2000 transferred in any way by the Contractor. XXXI PROJECT PROCEEDS CDBG funds provided by the City of Yakima to the Contractor shall be repaid to the City at no interest from project cash flow if and to the extent that annual net operating income to the Contractor (after project operating expense and first lien debt service) exceeds ten (10) percent of the Contractors investment in the project (including equity and private lending) in any of the first five (5) years after issuance of a Certificate of Occupancy. XXXII SURVIVAL Any provision of this Contract which imposes an obligation after termination or expiration of this Contract shall survive the term or expiration of this Contract and shall be binding on the parties of this Contract. XXXII! }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, (Exhibit B), 4. City of Yakima Resolution No. JR -2000-07 (Exhibit C), and 5. 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. XXXIV GOVERNING LAW 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. XXXV VENUE The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. 13 February 7, 2000 EXHIBIT B CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES PROPOSAL FOR COMMUNITY SERVICES PROGRAM A.) PROPOSAL SUMMERY/PROJECT ABSTRACT Best SELF (Summer Education Learning and Fun) is a community-based response to community concerns about growing anti -social behavior among low and middle-income children in grades K to 6. Best SELF fosters (1) increased commitment to the community; (2) improving academic skill levels; and (3) addresses community risk factors that promote juvenile crime (including alcohol and drug abuse). Yakima County's Best SELF program is replicates the Skagit County's Best SELF program. The Skagit County program has been nationally recognized by the Earon J. Johnson Foundation Award for it contribution to the community and youth. Best SELF is a unique blend of county, city, and community entities offering academic instruction and recreational opportunities to children, kindergarten through sixth grade. Best SELF is a collaborative effort that combines numerous Local resources and organizations serving children and families. The result is a comprehensive service that provides continuity of structure, education, and care for children beyond the scope that one program alone can offer. Yakima County is the fiscal agent, manages the program, and hires staff including a program manager, site coordinators, and teachers. Best SELF stresses academic learning by utilizing a teaching team composed of one certified teacher, two college students, and two high school students for every 25 children. The fundamental responsibility of the teaching team is to create new and fun ways to increase academic skill levels as measured by the Washington State Essential Academic Learnings. "Themes" incorporating the developmental assets model are planned and developed by each classroom team. This approach uses an extensive "hands-on" curnculum involving responsible decision making and positive learning experiences. During the program students are encouraged to select one or more projects to be carried out in the community. Service learning, the arts, community-based recreational activities, and field trips support the developmental assets approach to developing healthy, caring, and responsible youth. In 1999, Yakima County and 125 community partners piloted Best SELF at three locations in the county (Yakima, Toppenish, and Grandview). At the Yakima site, 359 children were enrolled in the eight-week Best SELF program. This was 56 percent higher than the anticipated enrollment and illustrates the community's support of the program. Requests to expand the program next year exceeded Yakima County's present resources. This proposal requests $35,283 to expand Best SELF by 2 classrooms within the City of Yakima. Under this proposal Best SELF targets 50 low and middle-income children in grades K to 6. The target community is 16th Avenue east to 15` St, north to Fruitvale Avenue, and south to Washington Avenue. This area has the highest number of identified "at risk" children in the City of Yakima. These funds would enable the program to hire 1 site coordinator, 2 certified teachers, 4 college students teaching assistants, and 6 high school mentors. Yakima County and its Best SELF partners will contribute $103,769 to the program. B,) ASSESSMENT OF NEED/PROBLEM STATEMENT Yakima County, including the City of Yakima, has a disproportionate number of social concerns resulting from "risk factors". These "risk factors" promote anti -social behavior and juvenile crime (including alcohol and drug abuse). A recent Risk Profile completed by DSHS indicates rates exceeding the state average for youth and adult risk factors within the area served by the Yakima School District as shown in Figures 1 and 2. Figure 1 Com Risk Factor Key Indicator Measurement Level of Risk Community Mobility Percentage of persons moving during the last five years 32.2% of all persons within the service area compared to 27.6% in similar areas Extreme economic deprivation Rates of children receiving AFDC; food stamps 222.8 per 1,000 Family history of high risk behavior Adults admitted to state correctional system 163.7 per 1,000 versus state average of 95.3 Family management problems Child abuse and neglect referrals 89.3 per 1,000 versus 61.5 state average Adult involvement in drugs and crime Drug-related arrests 5.21 per 1,000 versus 2.85 in comparable areas Juvenile arrest rates for juveniles aged 10-17 Dr/A1 Offenses 18.8 per 1,000 Adult involvement in crime Violent crime arrests per 1,000 adults 3.04 versus 2.85 in similar areas Juvenile arrest rates Violent and Property crimes 4.8 per 1,000 for violent crimes 59.5 per 1,000 for property crimes Youth lack of commitment to school Percent of youth (16-19) not completed or enrolled 19.98 % do not attend school Figure 2 Tar Data Set Total No. Percent per Student Population Source of Data School/County Truancy referrals 168 1% 1997-98 Truancy Report Violent incidents 3,183 23% 1997-98 Weapons in School Report Dropouts 1,053 7 7% Current OSPI home page data Free/reduced lunch 7,583 54% Current OSPI home page data Weapons incidents on campus 269 2% 1997-98 Weapons in School Report Eighth grade marijuana lifetime use 279 41% YSD Health & Safety Survey 1998 Eighth grade binge drinking 172 25% YSD Health & Safety Survey 1998 Sixth grade lifetime tobacco use 256 33% YSD Health & Safety Survey 1998 Juvenile Arrest Rates 1,421 10% Juvenile Justice Report, 1997 C.) PROGRAM GOALS AND OBJECTIVES Best SELF is designed to promote child and family wellness through a proactive partnership with the community. In order to implement this design, Best SELF will accomplish 4 goals: (1) Increase commitment to the community among children in grades K to 6. (2) Reduce the instance of juvenile crime, including alcohol and drug abuse, among children in grades K to 6. (3) Provide safe, supervised recreational activities as alternatives to anti -social behavior for children in grades K to 6 (4) Increase academic skill levels among children in grades K to 6. The specific objectives for achieving each of these goals are shown in Figure 3. 1 Goal Description Objectives 1 Increase community commitment. Develop assets of young people as community resources where they live and go to school through positive relationships with peers and adults. 2 Reduce the instance of juvenile crime among K-6 children. Use developmental assets model to enhance interpersonal relationship skills and promote responsible decision-making. 3 Provide a safe place for youth. Engage youth in positive recreational activities during the summer months. 4 Increase academic skill levels. Bond children to school through interactive learning experiences. Completing 11 benchmarks will carry out both the goals and objectives: Benchmark Activity Time Frame 1. Recruit and hire 1 site coordinator Completed by February 2. Recruit and hire 16 certified teachers for Yakima Completed by May 3. Recruit and hire 32 college student teaching assistants for Yakima Completed by May 4. Recruit and hire 40 high school mentors for Yakima Completed by June 5. Certify all staff in First Aid and CPR Completed by June 6. Provide Best SELF orientation to all staff Completed by June 7. Provide 48 hours of Best SELF training to all staff Carried out June - August 8. Teaching teams develop program curriculum Completed by June 9 Advertise program During January - July 10. Accept applications for enrollment beginning February - March 11. Begin program Completed by June 12. Collect and analyze evaluation data During July -September D.) METHODOLOGY The means by which Best SELF is carried out incorporates extensive community collaboration and local resource sharing to provide individualized learning experiences. Responsibility Activity Rationale Community Advisory Board Develops program mission, policies, procedures, and time lines. Program activities are accountable to the community. Community Partners (e.g. Passport to Health, Yakima School District, Private Industry Council, US Forest Service) Develop resources to address the identified needs of the program children. Maximizes community resources and provides a safety net for at risk children. College assistants and high school program associates. Assist teachers in the academic and recreational curricula development and implementation using a developmental assets model. Provide on site supervision of program children. Develop multi-level social and learning experiences as a support for families. All the program staff . Act as role models and facilitate learning experiences. Support and guide program students in community service projects. Service learning projects increase academic and communication skills. Community service develops a sense of pride for their community and creates direct partners and support. Teachers, college assistants And high school aids. Guide and direct fun hands-on learning. Academic skill levels will increase with interesting lessons. The children will be better prepared to pass the WASL test. E. EVALUATION The program evaluation will involve the collection and analysis of qualitative and qualitative data relating to: 2 (1) project goals; (2) progress in achieving project objectives; (3) participant performance; and (4) programmatic activities. Additional data will be gathered about (1) the degree of community involvement; (2) participant characteristics; (3) project design; and the use of community resources. Collected data will measure the program's objectives by comparing the project design with: (1) project activities; (2) the degree the participant, agency, and community involvement; and (3) any means taken to enhance project effectiveness, increase the likelihood of a participant's reduction in risk factors, and increase the program's cost effectiveness. This information will be cross-referenced by participant information (e.g. age, sex, ethnic background), types of services received from the program, involvement in the project, causes for referral, and the source of the referral. This will provide a clear picture of the participant population, the effectiveness of the approach. Data pertaining to participants will be collected and tabulated monthly. Data pertaining the program operations will be collected and reviewed quarterly. Collected data will be analyzed quarterly. A final evaluation report will be completed within 60 days of the close of program activity. F.) COMMUNITY INVOLVEMENT Best SELF is a community wide program involving state agencies, local government, private non-profit organizations, volunteer organizations, local businesses, and private citizens.. There were 125 local partners involved in the county -wide Best SELF program in 1999. Due to the over whelming success of Best SELF in 1999, additional community involvement is expected in the 2000 program year. Within the city of Yakima during the 1999 program year Best SELF involved the community in all aspects of the program. Major collaborators in the city part of the program involved: Figure 6 Organization Contribution Tri -Valley Private Industry Council High School staff, recruitment, training and evaluation. Yakima School District Facilities and coordination of teaching materials. Student and staff recruitment. Dept. of Social and Health Services Guarantees quality care through licensing. Eliminated the financial barrier to families deserving subsidization. ESD 105 Educational resources. OSPI Eliminated the financial barrier to migrant students. Yakima County Substance Abuse Coalition AmeriCorp staff support. Yakima Parks and Recreation Recreation opportunities and community service. Yakima Valley Memorial Hospital Technical support and health programs. Catholic Family and Child Services Referral for families seeking quality care. United Way of Yakima County Technical support. City of Yakima Transportation and recreational support. Moss Adams LLP Identification assistance. KNDO-TV Public relations. Yakima County The support of over 17 departments provides the expertise to manage and professionally implement this program. G.) FUTURE AND OTHER NECESSARY FUNDING Best SELF receives a wide variety of community support. Community contributions to the overall program in Figure 7 are based on the Best Self 1999 Program Year. 3 Figure 7 Or. anization Financial Contribution In -Kind Amount Other Yakima County General Fund $150,000 Yakima County Departments $ 40,000 DSHS Child Care Subsidy Reimbursement $ 80,000 Migrant Education Reimbursement $ 80,000 Substance Abuse Coalition (3 AmeriCorp) $ 13,443 Contributions (10 Businesses @$3,000) $30,000 Tri -County Private Industry Council $93,808 Project Change $ 1,000 WSU Cooperative $ 1,000 Drug / Alcohol Support $20,000 Work Study Reimbursement $ 5,000 Private User Pay $50,000 TOTALS 555,443 $508,808 H.) BUDGET 1 PERSONNEL Program Manager. The Program Manager will be responsible for ensuring that budget and timetable targets are met, selecting staff, coordination of boards meeting, preparing reports and supervising the program staff. This is a full time, permanent position at an annual salary of $42,000. Site Coordinators. Each site will have a Coordinator for every five (5) classroom. The Site Coordinators will serve as a liaison to the Program Manager, provide leadership assistance, prepare evaluations, and manage the day to day attendance, discipline, health and safety of site staff. Site Coordinators will work 40 hours per week for 8 weeks plus an additional 40 -hour for training at a rate of $16.04 per hour. At a rate of $5,774 per coordinator, total program cost for 4 Site Coordinator will be approximately $23,098. The revised budget will pay for 1/5 of a site coordinator at $1,155. Teachers. Each site will have one certified teacher per classroom. Teachers will plan lessons, manage and direct a teaching team, and keep attendance. Teachers will work 24 hours per week for 8 weeks plus an additional 40 -hour for training at a rate of $16.04 per hour. At a rate of $3,721, total program cost for 16 teachers will be approximately $59,536 The expanded Yakima Site will require two teachers. The revised budget will pay for one teacher at $3,721. Program Assistants. Each classroom will have 2 college level mentors who will serve as role models and assist the teacher in the implementation of the Best SELF program. Program Assistant will work 40 hours per week for 8 weeks plus an additional 40 hours for training at a rate of $7.98 per hour. At a rate of $2,873 per assistant, total program cost for 32 Program Assistants will be approximately $91,930. The expanded Yakima Site will require 4 Program Assistant. The revised budget will pay for 2 college level mentors at $5,750. Program Associates. Each classroom will have 2 high school level mentors who will be responsible for encouraging student participation. Program Associates will work 40 hours per week for 8 weeks plus an additional 40 hours for training at a rate of $6.50 per hour. At a rate of $2,340 per associate, total program cost for 32 Program Associates will be approximately $74,880. The expanded Yakima Site will require 4 Program Assistant The revised budget will pay for 2 high school associates at $4,800 Program Delegates. Each site will have 2 delegates who will serve as support to Program Associates. Program Delegates will work 20 hours per week for 8 weeks plus an additional 40 hours for training at a rate of $6.50 per hour. At a rate of $1,300 per delegate, total program cost for 8 Program Delegates will be approximately $10,400 The expanded Yakima Site will require 1 Program Delegate. Salaries & Wages for Program Associates will be paid out of an In -Kind contribution from the Private Industry Council. Fringe Benefits. Fringe Benefits are calculated at 25% of base salary for the Program Manager and 10% of base salaries for all other staff. Benefits include health care, social security, worker's compensation, short-term disability, and 4 retirement benefits. Total program cost for fringe benefits is approximately $1,543. The revised budget is $1,543. Is 10% of the base salaries. :.:::.....:l±f04 ..,. . attkl ....11+' •-"":.•; .:: <�:" 'lf�otial:: > <.. 31 Cau: , .....;• :.:. <. •'�'O:ta1; > e:::.:::' - •. _.::::::.1 $ 42.000 <.:;�IEI+tx»::::�>_�':,;: ' :e. � :e� <�..>.:: $42,0(i0 Progrun Manager I 0 - - - Site Coordinators 4.0 40 320 360 $16.04 $ 23,098 $ 1,155 $21,943 Teachers 16.0 40 192 232 $16.04 $ 59,540 $ 3,721 $55,819 Program Assistants 32.0 40 320 360 $ 7.98 $ 91,930 $5,750 $86,180 Program Associates 32.0 40 320 360 $ 6.50 $ 74,880 $4,800 $70,080 Program Delegates 8.0 40 160 200 $ 6.50 $ 10,400 $10,400 B.) Subtotal 8301,848 $15,426 $286,422 Fringe Benefits $ 30,184 $ 1,543 $28,642 C.) Total 8332,033 $16,969 $315,064 TRAVEL Field Trips. During each session, each classroom will take 2 field trips within 30 miles at a rate of $200.00 per trip and 1 trip within 100 miles at a rate of $350 per trip. Total cost per classroom of $750 will cover the cost of bus usage and driver wages. At a rate of $750 per classroom (16), total program cost will be $24,000, or $12,000 per session. Revised budget shows the cost of $750.00 for one classroom for two sessions to equal $1,500. Program Supervision. Mileage for attending staff meetings, observation and evaluation is estimated at 775 miles per month. At an estimated per mile cost of $0.31 per mile, total program cost for mileage will be $2,883. ........ ................ ........... ........... _...:..:'I'�itit`i�E"'>::.:»:;•:>.:,;,::.UJ��'i��c.<:::;;:........................`�(��fisir=�`Yt�>''�:'�""`":``,:,,`''::',' Field Trips $24,000 $1,500 $25,383 Program Supervision $ 2,883 $ 2883 D.) Total $26,883 $1,500 $25,383 SUPPLIES Each classroom is budgeted to spend $500 on the needs of lessons including, but not be limited to, paper, books, glue, scissors, pencils, art and craft supplies, books, and admission into exhibits or swimming pools. Also included here is the cost of flyers/promotional materials, registration forms, receipt books, etc. At a rate of $500 per classroom, plus additional administrative supplies, total program cost will be $15,000. Revised budget shows $500.00 for one classroom. Total Cost: $15,000 CDBG Funds: $500 Other Funds: $14,500 CONTRACTUAL WSU Cooperative Extension, Participating School Districts, and Project Change will provide contractual support for Translation Services, Grant Writing, Case Management and Evaluation. Total program cost for indirect is approximately $ 10,000. Salaries & Wages for County Indirect will be paid out of an In -Kind contribution from these participating entities Total Cost: $10,000 CDBG Funds: $0 Other Funds: $10,000 OTHER - FACILITIES The cost for facilities use, phone, copier and custodial will be paid out of In -Kind contributions from participating school districts Total program cost for facilities is approximately $ 32,000 Total Cost: $32,000 CDBG Funds. $0 Other Funds: $32,000 OTHER - COUNTY INDIRECT Yakima County will provide indirect staff support for Human Resource, Technical Services, Community Services, Printing, Public Relations, Budgeting and Grants Management. Total program cost for indirect is approximately $ 25,000. Salaries & Wages for County Indirect will be paid out of an In -Kind contribution from Yakima County. Total Cost: $25,000 CDBG Funds: $0 I.) REQUIRED ADMINISTRATIVE INFORMATION Other Funds: $25,000 Resolution by Board of Directors authorizing application. See attached dated 11/8/99. 5 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: Yakima County PROJECT: Best SELF Revised on 1/10/99 Expense Categories CDBG Funds State, Federal Applicant Share Total or Private Funds (In -Kind) Personnel 15,426 322,662 0 338,088 Fringe Benefits 1,543 34,465 0 36,008 Travel 1,500 25,383 0 26,883 Equipment 0 0 0 0 Supplies 500 14,500 0 15,000 Contractual 10,000 10,000 Other (Specify) 32,000 32,000 1. 25,000 25,000 2. Total 18,969 397,010 67,000 482,979 BOARD OF YAKIMA COUNTY COMMISSIONERS IN THE MATTER OF AUTHORIZING SUBMITTAL OF A COMMUNITY SERVICES APPLICATION TO THE CITY OF YAKIMA RESOLUTION NO. 580 -1999 WHEREAS, Yakima County is applying to the City of Yakima Office of Neighborhood Development Services in response for the RFP for Community Services CDBG Grant in the amount of $35,283.00; and, WHEREAS, it is necessary that a resolution accompany the application as a requirement for application; and, WHEREAS, James M. Lewis, Chairman of the Board of Yakima County Commissioners authorizes Best SELF to submit this application to the City of Yakima Office of Neighborhood Development Services; now, therefore, BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners that Yakima County Authorizes submission of they application by Best SELF to the City of Yakima Office of Neighborhood Development services for the RFP For Community Services in the amount of $35,283.00. Done this 9th day of November 1999. Attest: Svia E. ojosa J-sse S. Palacios, Commissioner /y Constitutes the Board of County Commissioners for (•� Yakima County, Washington Cl .f the Boar YAKIMA COUNTY AUDITOR 2orug achran, Auditor November 4, 1999 To Whom It May Concern: 4241a Sworn, onz, Asst. Auditor Please be advised that Yakima County Best SELF is a program operated by Yakima County, an incorporated political subdivision of the State of Washington. If you have any questions, please contact me at (509) 574-1313 or by Email at craigw@co.yakima.wa.us. Thank you, f 1 Craig M. Warner Chief Financial Officer Yakima County 128 North Second Street • Room 117 • County Courthouse • Yakima, Washington 98901 • (509) 574-1400 • FAX (509) 574-1341 Accounting 574-1310 License Recording Elections Payroll 574-1370 574-1330 574-1340 574-1392 YAKIMA PUBLIC 44,AD CHOOL November 5, 1999 Ms. Judy Jacobson, Manager Best SELF County Courthouse, Room 102 128 N. 2nd Street Yakima, WA 98901 Dear Judy: 104 N. FOURTH AVENUE YAKIMA, WASHINGTON 98902-2698 (509) 573-7000 I am writing on behalf of the Yakima School District to express our support for the Best SELF program and your application for the Community Development Block grant. Almost two hundred (200) Yakima students participated in the program this past summer and each one truly benefited. The feedback from students, parents, and staff has been very, very positive. The Best SELF program is certainly unique in its approach to providing a quality summer program. Its integration of academic excellence, community service, and recreation created an excellent environment for our students. Also, the use of teachers, college students, and high school students to create a classroom of five (5) adults for every twenty-five (25) students was excellent. This program integration plus the small ratio of students to adults created a wonderful experience for all the kids and the adults. This outstanding experience for our students has translated into them being more successful this school year. Our support of this program is best summed up by saying that we not only want to continue the program, but that we also want to expand the program in Yakima. It is truly a quality program for kids! We support your proposal for the Community Development Block grant. Sincerely, Dck Irio Deputy Superintendent We're the closest thing to home. PIC "A Partnership for Success" November 1, 1999 City of Yakima Neighborhood Development Services Bill Cobabe 112 S. Eight Street Yakima, WA 98901 Dear Mr. Cobabe: This last year the Th -Valley Private Industry Council was part of a unique partnership with Yakima County Best SELF. Through our youth employment and training programs, about thirty-two high school interns were funded to work with the program. The benefit was truly extraordinary. Student interns received a valuable work experience, and working parents were provided with childcare support over the summer months. Most importantly, youth participating in Best SELF were the beneficiaries of valuable social and academic learning experiences which will most certainly help prevent many problems young people experience in adolescent years. This is truly one of those projects that benefits our entire community. The Private Industry Council endorses and will continue to support Best SELF for the year 2000. It is our sincere hope that the City of Yakima Neighborhood Development Services will look favorably on the Best SELF request for funding assistance. S ly, Patrick T. Baldoz, Director cc: file TRI -VALLEY PRIVATE INDUSTRY COUNCIL PATRICK T. BALDOZ, DIRECTOR 120 SOUTH 3rd STREET • SUITE 200-A • YAKIMA, WASHINGTON 98901 (509) 574-1950 • FAX (509) 574-1951 MEMORIAL HOSPITAL YAKIMA VALLEY MEMORIAL HOSPITAL November 3, 1999 Bill Cobabe, Director Neighborhood Development Services City of Yakima 112 South 8th Street Yakima, WA 98901 Dear Mr. Cobabe: Gail Weaver /ice President, Community Initiatives Yakima County Best SELF is a unique summer program providing valuable social and learning experiences for children entering kindergarten through 6th grade. Staff combine education, recreation and community service in a positive program that creates an excitement to learn. Our contribution to the program last year enabled 745 children to participate. Parents, - students, staff and community leaders all provided positive evaluations of this program. However, to provide additional services for students, the program needs to be expanded—and we are requesting your partnership to empower Best SELF in this expansion. Together we can meet the growing demands for quality child care, continued education, and reinforcement of developmental assets which build healthy children while creating jobs and job training for adults. Sincerely, 410j Gail Weaver GW/m -2811 Tieton Drive Yakima, WA 98902 Tel (509) 574 5891 Fax (509) 574 5800 e-mail gail weaver@yvmh org Migrant Education Regional Office Educational Service District 105 33 South Second Avenue (509) 575-2885 Yakima, Washington 98902 FAX (509) 575-2918 November 2, 1999 City of Yakima Neighborhood Development Services 112 S. Eight Street Yakima, WA 98901 Dear Bill Cobabe: Yakima County Best SELF is a unique program providing valuable social and learning experiences to our children. Staff combine education, recreation and community service in a positive program that creates an excitement to learn. Fifty six staff documented their mentorship experience as positive. They received employable skills, parenting skills and valuable experiences as a team player. Our contribution to the program last year enabled 745 children to participate. The demands for the coming year 2000 call for expansion of these valuable services. We support the goals and objectives of Best SELF and now we need your participation to empower Best SELF to expand. Together we can meet the growing demands for quality child care, unique learning experiences, and developmental assets to build healthy children while creating jobs and job training to adults. Sincerely, Sandra Paseiro Davis Director i Gwen Chaplin, Presi • nt/CEO Planned Parenthood of Central Washington fpJ Planned Parenthood® of Central Washington Administrative Office: 208 North Third Avenue • Yakima, Washington 98902 • (509) 248-3628 • Fax (509) 576-8685 November 10, 1999 Bill Cobabe, Director, Neighborhood Development Services City of Yakima 112 South Eighth Street Yakima, Washington 98901 Dear Mr. Cobabe: Planned Parenthood of Central Washington is pleased to offer our support to Yakima County's application for funding for Best S.E.L.F. program. The goals of Best S.E.L.F address important needs in our community. As the leader in teen pregnancy prevention in Yakima County, PPCW is deeply invested in successful youth development and long term prevention efforts. Through Project CHANGE, a cooperative project between PPCW and the Centers for Disease Control and Prevention, we spent two years engaged in community assessment and planning regarding teen pregnancy prevention. Members of the Yakima Valley community identified: Increasing Youth Educational Achievement, Strengthening Positive Relationships of Youth with Adults, Enhancing Youth involvement in the Community, and Expanding Pregnancy Avoidance Skills and Health Services for Youth as the objectives of a Community Action Plan for youth development in Yakima county. The goals of Best S.E.L.F. address these same issues, so this program is needed and desired by the community. Our organization is prepared to assist Best S.E.L.F. by: • Identifying and referring families to participate in any needs assessment activities of the project and to receive direct services. • Participating in community meetings to identify specific needs of the population to be served. • Providing information, training and/or technical assistance to the project specifically regarding evaluation and youth development, including Developmental Assets. • Contracting to provide consultation services or staff time to the project. • Providing community wide and neighborhood specific publicity tlirough monthly newsletters. I urge you to fund this important project. If I can be of any further assistance in the selection process, please feel free to contact me. Thank you for your consideration. Since 7 136 E. Birch Walla, Walla, WA 99362 Phone: (509) 529-4050 208 N. 3rd Avenue Yakima, WA 98902 Phone: (509) 248-3625 1616 E. Gregory Ext. Sunnyside, WA 98944 Phone: (509) 837-6979 312 N. Pine Ellensburg, WA 98926 Phone: (509) 925-7113 7426 W. Bonnie Kennewick, WA 99336 Phone: (509) 783-5059 EXHIBIT C RESOLUTION NO. R-2000- 07 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute agreements with four community organizations, to implement projects for Community Services, included in the 1999 Community Development Block Grant Consolidated Plan. WHEREAS, the City of Yakima was a recipient of 1999 Federal Community Development Block Grant funds which may be used, among other things, for Community Services, and WHEREAS, the City Council considered and approved the One Year Plan and budget including $50,000 for Community Services Focused on Youth; and WHEREAS, a balance of $35,000 from the 1998 CDBG Community Services budget was carried over to 1999; and WHEREAS, a citizen advisory committee, with the assistance of staff from the Office of Neighborhood Development Services, has researched and evaluated the 11 applications submitted; and WHEREAS, the Council Neighborhood Development Services Committee has reviewed the evaluation of proposals by the citizen advisory committee and has recornrnended four projects totaling $73,277 including: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Conununity Services TOTAL ancl Project Youth Finance Employment Discovery YMCA Outreach Program Domestic Violence Cell Phone Program Best SELF Program Expansion Amount $25,308 $20,000 $9,000 $18,969 $73,277 WHEREAS, the City desires that the funds be conditioned upon execution of an agreement with the organizations and project managers; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with these organizations in accordance-ithn the terms and conditions of the attached agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the agreements between the City of Yakima and the comrnunity organizations and project managers in order to implement the 1999 Community Services Program as approved by City Council. ADOPTED BY THE CITY COUNCIL this l8%day of January 2000. SI MARY PLACE A'l'1'EST: rypp� 4 $1 City Clerk Mayor Certified to be a true and correct copy a; the original filed in nay office. CITY CLERK A.�%f.�=G,L-J Deputy ITEM TITLE: SUBMITTED BY: CONTACT: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: Tanuary 18, 2000 Contracts for 1999 Community Development Block Grant Community Services projects. , Director of Community and Economic Development Michael A. Morales, Grants Writer/Compliance Officer 575-3533 SUMMARY EXPLANATION: The Office of Neighborhood Development Services (ONDS) issued a Requests for Proposals (RFP) for Community Services projects. Total funds available were $85,000, which is a combination of the 1999 budgeted amount and carryover funds from 1998. The review of proposals was conducted by a five -member committee of community residents and one Council member. The committee used a 100 point scoring system, and ranked proposals by their composite scores. The rankings were then presented to the Council Neighborhood Development Committee, which has recommended the following four proposals for funding: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Community Services TOTAL Project Amount Youth Finance Employment $25,308 Discovery YMCA Outreach Program $20,000 Domestic Violence Cell Phone Program $9,000 Best SELF Program Expansion $18,969 $73,277 The attached resolution authorizes the City Manager and City Clerk to execute contracts with the four organizations to complete the projects as approved by the City Council. Resolution X Funding Source: Ordinance Contract X Other Community Development Block Gr cis AD royal for Submittal: City Manager STAFF RECOMMENDATION: BOARD RECOMMENDATION: COUNCIL AC 110N: Staff recommends approval. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES CONTRACT This Contract (hereinafter "Contract") is entered into by and between the City of Yakima (hereinafter the "City"), and YWCA of Yakima (hereinafter the "Contractor"). 1. Contractor's Address: 15 North Naches Avenue Yakima, WA 98901 2. Contractor's Phone Number: (509) 248-7796 3. Contact Person: -Peggy-Braken-Wee& 4c I erv;_. PjC Ll 4. Title of Service or Program being Funded: 911 Cell Phone Program 5. Amount of Contract Award: 69,000.00(CDBG) 6. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 03/07/aD , unless sooner terminated by either party in accordance with Section XXIII or Section XXV of incorporated Exhibit "A". 7. This Contract 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, and a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.R-2000-07, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 8. Final Contract payment shall be subject to satisfactory completion of project described in Exhibit B, contractor/subcontractor lien releases, and satisfaction of all contract terms and conditions as stated in Exhibit "A" and Exhibit "C". This written document and incorporated exhibits constitutes the entire Contract between the parties. IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated below. Williai Cook, CED Director R.A. Zais, Jr., City Manager Contractor Title: ..4—Kect �iC-7 Contract No. 2000-15 Resolution No. R-2000-7 A ' EST: City Clerk l�cri�6 ate Date Date EXHIBIT "A" TERMS AND CONDITIONS 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 Contractor to undertake, and the Contractor 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 PRO D 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 Contractor 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 the Contractor $9,000.0() for said project. III GENERAL BUDGET PROVISIONS The Contractor 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 Contractor or obligation of the Contractor 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 CDBG Program" and come within the Project Budget. B. No payment shall be made for any service rendered by the Contractor 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 Contractor 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 Contractor prior to the Contractor incurring any expenditures against the revised budget categories. 2 February 4, 2000 2. When the revision of the Contractor budget does not exceed ten percent (10%) of an approved budget category, the Contractor 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 Contractor 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. The Contractor shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in section 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 The Contractor 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 surplus funds returned to City. VIII COMPLIANCE WITH LAWS A. GENERAL The Contractor, 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 PROJFCT RFQUIREMENTS 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 Contractor shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out his/her 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. 3 February 4, 2000 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 Contract, and Contractor 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 Contractor, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, 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 and corresponding federal regulations (24 CFR 146). 13. Fair Housing Act and corresponding federal regulations (24 CFR 100, CFR 107 and 24 CFR 1). 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE requirements (24 CFR 85.36). 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 the Contractor 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 Contractor retains responsibility for fulfilling the requirements of 4 February 4, 2000 the State Environmental Policy Act and regulations and local ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or the Contractor 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. The Contractor agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, political affiliation, age, or the presence of any sensory, mental or physical disability. Such action shall include, but not be limited to: employment, upgrading, demotion, transfers, recruitment, advertising, layoff, termination, rates of pay, compensations, programs for training including apprenticeships. The Contractor 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. The Contractor 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, political affiliation, age or the presence of any sensory, mental or physical disability. 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. The Contractor 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. The Americans with Disabilities Act. The Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. & 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 5 February 4, 2000 D. 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 Contractor 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 The Contractor 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. Contractor agrees that City may carry out monitoring and evaluation activities so as to ensure compliance by Contractor with this Contract, with the CDBG Compliance Documents, and with all other laws, regulations, and ordinances related to the performance hereof. Contractor agrees to provide City with any data determined by City to be necessary for its effective fulfillment of its monitoring and evaluation responsibilities. B. A often as City may deem necessary and upon 24 hour notice, Contractor 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. Contractor 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 Contractor 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 Terms and Conditions (Exhibit A), Project Description/ Statement of Work (Exhibit B). XIII SAFF..GIJARDING 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 and/ or required by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contractor 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. In the event of such assignment, the assignee shall assume all duties, obligations, and liabilities of Contractor as stated in this Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contractor 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, 6 February 4, 2000 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 Contractor 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. The Contractor shall retain all books, records, documents and other material relevant to the Contract for seven (7) years after "final payment is made on" this Contract. The Contractor 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. The Contractor agrees that any contributions or payments made for services furnished under this Contract 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. The Contractor shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: A. 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. B. 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. C. 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. D. Adequate maintenance procedures shall be implemented to keep the property in good condition. E. If the Contractor 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 the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. F. Non -expendable personal property purchased by the Contractor 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. G. Any non -expendable personal property furnished to, or purchased by, the Contractor, 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. H. 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, the 7 February 4, 2000 Contractor 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. I. The Contractor 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 Contractor 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 the Contractor. No agent, employee, or representatives of the Contractor shall be deemed to be an employee, agent, servant or representative of the City of Yakima for any purpose, and the employees of the Contractor are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contractor 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 Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. XIX QUARTERLY REPORT Within thirty (30) calendar days of the end of each quarter during the term of this Contract the Contractor shall submit a written quarterly report outlining the progress towards completion of activities required under this Contract to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Contract, 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 thjs Contract. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds, 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. B. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE 8 February 4, 2000 On or before the date this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state 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 Contract. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, 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 initialed 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. 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 Contract, 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 Contract. Coverage under said policy shall remain in full force and effect for a three (3) year period after the expiration/termination date of this Contract with the same retroactive date either through renewal policies or "tail" coverage on the current policy. D. 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. Upon request a copy of the policy will be furnished to the City. E. 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 AND HOLD HARMLESS All services to rendered or performed under this Contract will be performed or rendered entirely to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold harmless the City of Yakima and all of its officers, agents, employees and elected officials from any and all liability, loss, fines, penalties, damages, lawsuits, judgements, awards, costs, and expenses (including reasonable attorney's fees and disbursements), which result from, arise out of, or are in any way connected with the services to be performed by the Contractor under this Contract. 9 February 4, 2000 XXII CONTRACT. TFRMINATION AND CI OSE OUT If the Contractor 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 the Contractor 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 Contractor 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. The Contractor 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 Contractor of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contractor. After this effective date, no charges incurred under any terminated portions are allowable. B. TERMINATIONS ON OTHER GROUNDS C. This Contract may also be terminated in whole or in part by mutual agreement of the parties. :11 \G •► •: 1 ■ID:: I : 1 •k •: kA •k • ►I ► 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, non -withstanding 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 jn whole non -withstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the Contractor or its representative. The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed reduction in funding by Federal or other officials. The Contractor 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 Contract 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. 10 February 4, 2000 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 Contractor, the City of Yakima shall make or arrange for payment to the Contractor of allowable reimbursable costs not covered by previous payments. 2. The Contractor 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 the Contractor after fully considering the recommendation on disallowed costs resulting from the final audit. XXIII 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. XXIV CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate 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. XXV 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 11 February 4, 2000 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. XXVI 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. XXVII 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. XXVIII 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. XXIX CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contractor, 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. XXX RETURN OF CDBG FUNDS The Contractor shall return to the City all monies provided hereunder by the City to the Contractor if any of the following occur: 1. The Contractor materially changes the primary purpose and scope of the CDBG Project as described on Exhibit "B" to the Contract; or 2. The Department of Housing and Urban Development requires a 20 year "Affordability Period" from the date of execution of the Contract, and if the real property that is the subject of the CDBG Project described on Exhibit "B" to the Contract is sold or transferred in any way by the Contractor. XXXI PROJECT PROCEEDS CDBG funds provided by the City of Yakima to the Contractor shall be repaid to the City at no interest from project cash flow if and to the extent that annual net operating income to the Contractor (after project operating expense and first lien debt service) exceeds ten (10) percent 12 February 4, 2000 of the Contractors investment in the project (including equity and private lending) in any of the first five (5) years after issuance of a Certificate of Occupancy. XXXII SURVIVAL Any provision of this Contract which imposes an obligation after termination or expiration of this Contract shall survive the term or expiration of this Contract and shall be binding on the parties of this Contract. XXXIII 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, (Exhibit B), 4. City of Yakima Resolution No. R-2000-07 (Exhibit C), and 5. 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. XXXIV GOVERNING LAW 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. XXXV VFNL F The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. 13 February 7, 2000 EXHIBIT B YWCA of Yakima Volunteer Attorney Services CELL PHONE PROGRAM Office of Neighborhood Development Services 1999 Community Services Request for Proposal Application A.) PROPOSAL SUMMARY/PROJECT ABSTRACT Volunteer Attorney Services (VAS) is a partnership between the YWCA of Yakima and the Yakima County Bar Association. We provide assistance to low-income individuals with civil legal cases or matters in Yakima County. The YWCA provides the program with space and administrative assistance. The Yakima County Bar Association assists in setting policies and procedures for the program and encourages the private Bar to volunteer their time. The VAS committee consists of local Judges, attorneys and paralegals. For over twenty years one goal of the YWCA of Yakima has been to assist victims of domestic violence and their families. Victims of domestic violence are most vulnerable when they are attempting to get out of the abusive relationship. Currently we can assist these victims with court orders of protection; however, many times perpetrators are not concerned with these orders. Unquestionably, a perpetrator who has decided to kill or inflict serious injury on his victim is not especially concerned with being found in violation of a court order. The YWCA VAS Program began the 911 Cell Phone Program to focus on preventing further attacks and protect victims during the transition period. Assistance and protection is necessary for the victim to transition back into their regular schedule. Providing victims with wireless phones gives them a stronger sense of safety, and enables them to go about the daily activities others take for granted. Through our partnership with US Cellular, we can now provide victims with access to emergency services when a landline phone would not usually be available. US Cellular has agreed to provide the VAS program with unlimited phones to provide to these victims. Further, they agree to pay for all air time charges and any costs resulting from fraudulent use or loss. The Yakima County Prosecuting Attorney's Office will offer assistance through the Victim/Witness Unit by verifying the existence of protection orders. Corpron Design has agreed to handle the promotional piece of the program and assist with printing costs. Robert Young of Dobbs and Young has donated legal services to the project. The YWCA of Yakima is willing to oversee and house the project. The Cell Phone Committee has overseen all aspects on a volunteer basis. The program is ready to be fully operational with the exception of funding. Currently there is no funding in place for this program. With the partnerships and donations already in place the program needs only staffing costs to be operational. The anticipated costs of a part-time staff person is eight thousand seven hundred thirty six dollars ($8736), with an additional one thousand two hundred sixty four dollars ($1,264) in supplies and administrative overhead. Corpron Design donates the remaining costs for printed materials and labor, the Yakima County Prosecuting Attorney's Office and the YWCA of Yakima donate in-kind services. B.) ASSESSMENT OF NEED/PROBLEM STATEMENT When a women leaves her batterer, her risk of serious violence or death increases dramatically. Every day is potentially dangerous for victims of domestic violence. There are temporary solutions to ensure safety, however eventually the victim must return to "normal" life. Victims can get protection orders, but the batterer may not fear the results of violating the order. The level of manipulation and control that a domestic violence perpetrator can maintain over their victim is a constant threat, especially when the victim has decided to leave the relationship. Victims of domestic violence may be assaulted or stalked by the perpetrator, but by the time they are able to contact law enforcement the damage has been done and the perpetrator is gone, able to attack again at a later date. This level of risk and inability to have the batterer arrested results in frustration and terror for the victim while reinforcing the perpetrator actions. According to Bureau of Justice Statistics sixty-five percent of intimate homicide victims physically separated from the perpetrator prior to their death. Women separated from their husbands were 3 times more likely to be victimized by spouses than divorced women, and 25 times more likely to be victimized by spouses than married women. Yakima County Sheriffs Office reports a dramatically high rate of violation of protection order. In 1998, there were 157 convictions for violations. This shows an increase from 1997 when there were 145 convictions. These numbers obviously do not reflect the number of domestic violation assaults that didn't result in arrest or convictions. C.) PROGRAM GOALS AND OBJECTIVES The goal of the Cell Phone Program is to provide immediate help to domestic violence and stalking victims. The YWCA of Yakima has partnered with US Cellular and the Yakima County Prosecuting Attorneys Office to provide victims of abuse with cell phones. These phones allow victims to contact emergency services regardless of where the threat of danger takes place. The phones are preprogrammed to dial only 911 and the YWCA of Yakima's 24-hour hotline number. In addition to providing immediate help to battered women and stalking victims and increasing the rate of arrest, the phones may actually deter the perpetrators from stalking the victims. D.) METHODOLOGY The program will take referrals from law enforcement, counselors and advocacy programs. Through a donation from Corpron Design of Yakima, we already have referral cards in place. The cards, similar to business cards, can be easily carried by a patrol officer and handed out to the victims. The cards provide the victim with all the information about the program. The cards provide us with a case number and law enforcement contact. Letters have been drafted and packets prepared to send to advocacy programs and counselors to ease the referral process. In addition to being referred the victims must also show they are not living with the perpetrator, are a Yakima County Resident and do not currently have a cellular phone. They also must show that they have obtained a protection order from the courts. The staff verifies all of this information with the client and contacts the Yakima County Prosecuting Attorney's Office to confirm the protection orders. The client is then instructed on the functions of the phone as well as what to say when calling 911. Further, they are instructed on the limitation of the phone such as low signal areas and the inability of 911 to trace the call or locate the victim. After the phone is issued, the client must check in with our office once a week. This check in allows us to verify the victim is still safe, that the phone is operational, and lets us know if the phone had to be used. E.) EVALUATION The program is currently functioning on an extremely limited basis. We do not have any funding for the program, and thus have not sent out information to law enforcement personnel or advocacy programs. Yet, word of mouth has resulted in approximately two (2) referrals a month since October of 1998. The results of this limited operation have been tremendous. All of the people receiving the phones have reported a stronger sense of security. Several have reported that they feel the batterer knowing they have a cellular phone has prevented attacks, and two individuals have reported stopping an assault that resulted in the arrest of the perpetrator. These reports are a result of the weekly contact we have with the victim. We would continue this portion of the program and maintain statistics on the satisfaction, as well as calls to 911 on these phones. Further, the committee has developed an evaluation form to be filled out and returned with the phone. F.) COMMUNITY INVOLVEMENT Community involvement is one of the more exciting aspects of this program. We are thrilled with the public/private partnership created with this program. The program development took place with the help of the Volunteer Attorney Services Staff, the Yakima County Prosecuting Attorney's Office, the King County Prosecutor's Office, US Cellular, the YWCA of Yakima, Ken Waltlamon of 911 and local attorney Robert Young of Dobbs and Young. The implementation process involved the development of the Cell Phone Program Committee. This committee consists of Aaron Buchanan, Amanda Jeffries and Bridgett McWilliams, of the Yakima County Prosecuting Attorney's Office, Karl Corpron, of Corpron Design and the VAS staff. This committee meets every other week to discuss all aspects of the program. One area of focus for this committee is awareness; we are looking at making the referral process as easy as possible for area agencies, creating awareness, seeking funding and determining what agencies would most benefit from this service. G.) FUTURE AND OTHER NECESSARY FUNDING The response to the 911 Cell Phone Program has been tremendous. All of the efforts to get donations of services have been welcomed. US Cellular has agreed to continue to offer us phones and support for as long as we need it. They are willing to donate all airtime, phones, maintenance, and assume responsibility for any losses. The Prosecuting Attorney's Office has come on full board and recently Yakima County Prosecutor Jeff Sullivan participated in a press conference to support the program. Corpron Design was originally contacted for assistance with designing a logo; Karl Corpron took the program ideas and developed it further than we ever anticipated. He developed the logo, letterhead, and referral cards and then sought out a company to donate all the printing and paper costs associated with producing the products. The YWCA is committed to the program and is excited about the endeavor. Volunteer Attorney Services has spent many hours getting the program ready to be fully functional and are excited about the possibilities of the program. H.) BUDGET Please see attached Budget Narrative Personnel/Fringe Benefits Personnel costs for the program include one half-time (.5 FTE) staff person at eight dollars ($8.00) per hour totaling eight thousand three hundred and twenty dollars ($8,320.00) annually plus benefits. This is the largest portion of requested CDBG funds. The Prosecutor's staff provides an estimated two (2) hours a week in assistance totaling one thousand three hundred dollars ($1,300) in-kind annually. The remaining one thousand four hundred dollars ($1,400.00) represents the personnel costs for the development of promotional and educational material for the program, which are donated by Corpron Designs. Note these figures do not include the volunteer committee hours. These categories for personnel, including benefits, total twelve thousand six hundred and sixty three dollars ($12,663.00) Equipm ent/Supplies Equipment costs include cellular telephones from US Cellular estimated at two thousand dollars ($2,000.00) and computers, phones, copy machine, etc. donated "in kind" by the YWCA. Supplies include photocopy paper, file folders, etc. Funds for this portion are requested through this grant. Corpron Designs, Instant Press, US Cellular and the Prosecutor's office fund a majority of the supply costs. All print media, packets, brochures and referral cards are currently being printed or copied in these offices. The YWCA is providing presentation folders. Attorney Services Attorney assistance was sought in drafting the program's client agreement and liability forms. Robert Young of Dobbs & Young donates his time and staff time to ensuring that we have all the necessary paperwork. Promotional Media Promotional media includes the development of our logo, letterhead, referral cards, and related print materials. This work is all funded and donated by Corpron Design. Administrative Oversight Administrative overhead at ten percent (10%) of the requested funds covers the overhead costs associated with the program including accounting, space, funding and marketing and all other miscellaneous overhead costs. In-kind personnel costs reflect the VAS Manager's time and the YWCA's Executive Director's time overseeing the program. I.) REQUIRED ADMINISTRATIVE INFORMATION • Resolution of Board of Directors • Letter of Support from Yakima County Prosecuting Attorney's Office • Letter of Support from US Cellular • Evidence of Incorporation Tr YWCA of Yakima VAS/Cell Phone Budget Narrative 15 North Naches Avenue Yakima, Washington 98901 (509) 248-7796 Personnel/Fringe Benefits Personnel costs for the program include one .4 FTE staff person and program support totaling seven thousand -seven hundred -seventy one dollars and eighty-one cents ($7771.81) annually plus benefits. This is the largest portion of requested CDBG funds. The Prosecutor's staff provides an estimated two (2) hours a week in assistance totaling one thousand three hundred dollars ($1,300) in-kind annually. The remaining one thousand four hundred dollars ($1,400.00) represents the personnel costs for the development of promotional and educational material for the program, which are donated by Corpron Designs. Note these figures do not include the volunteer committee hours. In-kind personnel costs reflect the VAS Manager's time and the YWCA's Executive Director's time overseeing the program. These categories for personnel, including benefits, total twelve thousand -four hundred sixty eight dollars and fifty-nine cents ($12,468.59). Equipment/Supplies Equipment costs include cellular telephones from US Cellular estimated at two thousand dollars ($2,000.00) and computers, phones, copy machine, etc. donated "in kind" by the YWCA. Supplies include photocopy paper, file folders, etc. Funds for this portion are requested through this grant. Corpron Designs, Instant Press, US Cellular and the Prosecutor's office fund a majority of the supply costs. All print media, packets, brochures and referral cards are currently being printed or copied in these offices. The YWCA is providing presentation folders. Attorney Services Attorney assistance was sought in drafting the program's client agreement and liability forms. Robert Young of Dobbs & Young donates his time and staff time to ensuring that we have all the necessary paperwork. Promotional Media Promotional media includes the development of our logo, letterhead, referral cards, and related print materials. This work is all funded and donated by Corpron Design. Administrative Oversight Administrative overhead at ten percent (10%) of the requested funds covers the overhead costs associated with the program including accounting, space, funding and marketing and all other miscellaneous overhead costs. A United Way Agency CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: YWCA/ VOLUNTEER ATTORNEY SERVICES PROJECT: 911 CELL PHONE PROGRAM Expense Categories CDBG Funds State, Federal Or Private Funds Applicant Share (In -Kind) Total Personnel $7,771.81 $2,700.00 $1,040.00 $11,511.81 Fringe Benefits 728.18 135.00 93.60 956.78 Travel Equipment 2,000.00 400.00 2,400.00 Supplies 500.00 850.00 1,350.00 Contractual Attorney Services 1,000.00 1,000.00 Promotional Media Concept and Layout 485.00 485.00 Administrative Overhead 200.00 1000.00 1200.00 Total $8999.99 $7,370.00 $2533.60 $18,903.59 Revised 1/10/2000 `1111 YWCA of Yakima November 11, 1999 Bill Cobabe Office of Neighborhood Development 112 S. 8th St. Yakima, WA 98901 Dear Mr. Cobabe, 15 North Naches Avenue Yakima, Washington 98901 (509) 248-7796 This letter is to notify you of the Board of Directors of the YWCA of Yakima support and authorization for this application to the City of Yakima Office of Neighborhood Development Services CDBG Program for Community Services Programs. The proposal we are submitting is an expanded service funding request for the YWCA Volunteer Attorney Services and 9-1-1 Cell Phone Programs. Both the VAS Program and 9-1-1 Cell Phone Program serve the Mission of the YWCA "...to create opportunities for women's growth, leadership, and power in order to attain a common vision: peace, justice, freedom, and dignity for all people." The VAS Program provides access to legal representation by members of our community who would otherwise not be able to afford fair representation in the justice system. The Cell Phone Program allows a victim of domestic violence or stalking a further sense of security in what would otherwise be an increasingly dangerous time. The program provides access to law enforcement by the victim in an emergency situation and benefits the victim in an effort to end the cycle of violence and improve the quality of life for their family. The Volunteer Attorney Services Program is partially funded by a grant from the Legal Foundation of Washington and overseen by a volunteer board from the Yakima County Bar Association. The 9-1-1 Cell Phone Program is currently un -funded and is overseen as well by a volunteer committee of community and business leaders. Receipt of funding through the Office of Neighborhood Development Services will allow the YWCA VAS and Cell Phone Program to expand services and increase the quality of services currently provided to the community. We appreciate the opportunity to submit this proposal to the Office of Neighborhood Development Services and would like to thank you for considering the YWCA Volunteer Attorney Services and 9-1-1 Cell Phone Program for funding. Sincerely, • anie Zimmerma oard President -Elect YWCA of Yakima A United Way Agency U.S.-1/4. Cellular November 12, 1999 To Whom It May Concern: U.S. Cellular is pleased to express strong support for the activities of the Yakima County Volunteer Attorney Services (VAS). We at U.S. Cellular have worked with VAS for the last year as a part of our S.A. F. E.sm (Stop Abuse From Existingsm) program to provide cellular phones to domestic violence victims. Volunteer Attorney Services has an active participant in the S.A.F.E. program and much more in the Yakima Valley. VAS's efforts to not only protect the victims of this tragic situation, but to assist them in escaping lives of domestic abuse and suffering are of tremendous value to our community. Any assistance that can be provided to the VAS program will be meaningful and worthwhile and we urge your support of this program. ohn Thomas Public Relations Counsel U:S. Cellular Jeffrey C. Sullivan Yakima County Prosecuting Attorney Administrator/ Senior Investigator: Robyn B. Light Victim -Witness Assistance / Investigations Unit Paralegal: Room 329, County Courthouse Sharon Darr Yakima, WA 98901 (509) 574-1210 1-800-572-7354, Ext# 1210 Paralegal / Investigator: Aaron Buchanan Technician: Amanda Jeffries November 10, 1999 Office of Neighborhood Development Services Re: Letter of Support Dear Sir or Madam: Program Representatives: Bridget McWilliams Juvenile Division: Nina Learn Vikki Trenkenschuh Hugo Rodriguez Office Michele Beatty The Yakima County Prosecuting Attorney's Office has been in partnership with the YWCA/ Volunteer Attorney Services program for the past year to implement an emergency Cell Phone program for victim's of domestic violence. Our office is very supportive of the program's efforts to help provide a safe link between victims of domestic violence and law enforcement. The prosecutor's office is supportive of any program that seeks to prevent further victimization of domestic violence victims and their families. We are very pleased with the success stories we have heard firsthand from victims who come through our office. The level of security that this program provides not only assists victims once they have left an abusive relationship, it also provides our office with a resource we can offer those victims who are reluctant to leave the relationship because of the dangers they face when they do leave. We are extremely impressed with the response that this program has received from the community, both private and public. If you have any questions please do not hesitate to call our office and speak with anyone in the Victim -Witness Assistance / Investigations Unit. Sincerely, Victim -Witness Administrator/ Senior Investigator co --t9-- c-4-1--P--------- A ron Buchanan Paralegal / Investigator INTERNAL REVENUE SERVICE EP 1 ED YOUNG WOMENS CHRISTIAN ASSOCIATION 15 N NACHES AVE YAKIMA, WA 93901 Gentlemen. Internal Revenue Service EP/EO Disclosure Desk F.O Box 2350 Los Angeles, CA 90053 Person to Contact: F. Miraflor or L. Barragan Telephone Number: (213)394-4232 Refer Reply to: 91-611 Date: OCT 12 1990 RE 91-056.5563 YOUNG WOMENS CHRISTIAN ASSOCIATION This is in response to your request for a determination lettar of the above-named organization. A review of our records indicates that the above-named organization was recognized to be exempt from Federal income tax in August 1942, as an organization described in Internal Revenue Code section 501(c)(3) It is further classified as an organization that is not a private foundation as defined in section 509(a) of the code, because it is an organization described in section 509(A)(2) This letter is to verify your exempt status and the fact that the determination letter issued on August 1942 continues to be in effect. I` you are in need of further assistance, please feel free to contact me at the above address We appreciate your cooperation in this regard. Sincerely, Disclosure Assistant sEcRETART of STATE Ralph Munro July 19, 1999 YWCA of Yakima 15 N Naches Avenue Yakima, WA 98901 Registration Number: 5426 Your 1998 figures have been accepted. Dear Charity: CHARITIES PROGRAM 505 E. Union Avenue PO Box 40234 Olympia, WA 98504-0234 360/753-0863 Fax 360/664-4250 TDD 1-888-658-1485 Thank you for submitting registration documents under the Charitable Solicitations Act. The documents submitted for the organization shown above have been accepted and registration is complete. Please remember that annual registration documents and a renewal fee must be submitted each year to maintain registration under the Charitable Solicitations Act. A notice will be sent to your organization prior to its next renewal date. In addition, if your organization contracts with another party to assist in soliciting funds in Washington State, a Fundraising Service Contract Registration Form must be submitted to this office. If you have any questions regarding registration under the Charitable Solicitations Act, please contact our office at: (360)753-0863 and press Menu Option 5 for a Customer Service Representative. of the Secret of State, Charities Program Your next renewal ate (for fiscal year ending 12/31/99) is 5/15/2000. [—The financial information you provided to our office indicates that 98.4% of your total expenses are spent on program services. Please be aware that this information may be given to the public. Notify our office if you have any questions or concerns. gc October- I61G1 9-1-1 Cell Phone Program Grows By JULIE PETERSON YAKIMA HERALD -REPUBLIC One woman saw her stalker fol- lowing her in her rearview mir- ror and was able to dial 9-1-1 to alert police. Another woman, whose husband left and took their phone service with him, dialed 9- 1-1 from her cellular phone when the husband violated a no -contact order and tried to break into her home. In both cases the men were arrested and the women were protected from further abuse, said Yakima County Prosecutor Jeff Sullivan. The cellular phones and emer- gency calls were provided by the YWCA's 9-1-1 Cell Phone Pro- gram, and on Thursday sponsor U.S. Cellular announced a plan to expand the program. "The idea is to put a phone in the hands of a woman who is being stalked or being threatened, to give her somg security and in some cases a lifeline," said Phil Brown, area general manager for U.S. Cellular. Ilr. , An additional 120 phones were donated to local agencies through- out Central and Southwestern Washington. The program, which is expanding nationwide, gives victims of domestic violence an opportunity to call for help when and where they need it. The phones are distributed to victims of domestic violence by law enforcement, the prosecutor's office and social service agencies. After meeting the criteria, the person is given a phone that dials 9-1-1 and may also connect to a social service hotline. No other calls can be made from the phone. The YWCA 9-1-1 Cell Phone Program began a year ago, and U.S. Cellular is looking for other law enforcement and domestic violence service agencies to par- ticipate in the program. For information, call any U.S. Cellular retail location or John Thomas, public relations counsel, at 965-0566. MONDAY, SEPTEMBER 28, 1998 �iCf Of YAi�9N1R ............................... 0. 0 1 1 .f 4. s f Cellular Phones Provide. Lifeline for Domestic -Violence Victims The story of women with a quarter in every shoe is known well to those who work at the YWCA in Yakima. Of course, it now takes 35 cents for a local call for help, but the YWCA and others hope to replace the loose change with something better: a cellular phone. The YWCA has teamed up with United States Cellular of Yakima, the Yakima County Prosecuting Attorneys Office and attorney Robert Young to provide cellular phones to domestic - violence victims. The phones will be made available as a means of contacting law-enforcement agencies during emergencies that cut access to land -line phones, said Marlena Bell of the YWCAs volunteer attorney services office. The phones, provided and maintained by US Cellular, are deactivated for all calls except 9-1-1. "We're hoping this will provide further safety to domestic - violence victims," she said. Bell proposed the program after learning about similar pro- jects through research she did on the Internet. To qualify for the program, victims must be referred by the prosecutor's office, a law-enforcement agency or an advocacy program. They also must show they are not living with those who have abused them, that they are a Yakima County resident and do not currently have a cellular phone. They also must show they have obtained a no-contact/anti-harassment order from the courts. For more information, phone the YWCA at 248-7796. .1: Y+•�I':4-�r A.A.:. � .k. ... ,. �. a , ..t ,G �Y; � nY.. s-•'.1 i'eA :.: 'r14, Page 18—November:1999 -f: 'L YakimaNalley Business Journal Cascade-'U.S. Cellular donates cellphones to YWCA Toshiba to product line Toshiba has named Cascade Copiers to sell and service Toshiba's line of copier and facsimile products to the local business community. "We were looking for a reliable product to go head to head with some of our competitors models," said Curt Bell, Cascade Copiers General Manager. "Toshiba's new line of digital copiers are just the product for which we were looking," he said. Bell has 25 years experience in the office products industry and is supported by a highly trained sales staff of over 20 people: "'� U.S. Cellular has donated 50 cell phones to the Yakima YWCA for use by domestic violence victims. The company works with 14 domestic violence shelters in Washington and northeastern Oregon through S.A.F.E (Stop Abuse From Existing), U.S. Cellular's domestic violence phone loan program. The wireless phones, pre- programmed to call emergency 911 are given to victims to help in emergencies, and to help them in their transition from living with an abuser to living independently. U.S. Cellular plans to provide an additional 120 wireless phones in central and southwest Washington. Nationally, the company works with more than 220 domestic violence shelters, law enforcement agencies and District Attorney's offices. "The S.A.F.E. program has been extraordinarily useful in helping us work with"victims," said Marlena Bell, manager of the Volunteer Attorney Services program in Yakima. "The wireless phone gives victims a stronger - sense of safety, and enables them to go about some of the daily activities others take for granted," she said. S.A.F.E is one of the largest domestic violence phone loan programs in the country. The company has received numerous awards for the program, including the top community relations program award from the Cellular Telecommunications Industry Association. "The wireless phones provide victims of domestic violence with added safety and security," said Phil Brown U.S. Cellular area general manager. "U.S. Cellular is proud to work with Motorola to provide domestic violence victims in our area with so many phones, so we can expand the S.A.F.E. program to benefit victims of domestic violence," he said. EXHIBIT C RESOLUTION NO. R-2000- 07 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute agreements with four community organizations, to implement projects for Community Services, included in the 1999 Community Development Block Grant Consolidated Plan. WHEREAS, the City of Yakima was a recipient of 1999 Federal Community Development Block Grant funds which may be used, among other things, for Community Services, and WHEREAS, the City Council considered and approved the One Year Plan and budget including $50,000 for Community Services Focused on Youth; and WHEREAS, a balance of $35,000 from the 1998 CDBG Community Services budget was carried over to 1999; and 'WHEREAS, a citizen advisory committee, with the assistance of staff from the Office of Neighborhood Development Services, has researched and evaluated the 11 applications submitted; and 'WHEREAS, the Council Neighborhood Development Services Committee has reviewed the evaluation of proposals by the citizen advisory committee and has recommended four projects totaling $73,277 including: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Community -Services TOTAL and Project Youth Finance Employment Discovery YMCA Outreach Program Domestic Violence Cell Phone Program Best SELF Program Expansion Amount $25,308 $20,000 $9,000 $18,969 $73,277 WI-IEREAS, the City desires that the funds be conditioned upon execution of an agreement with the organizations and project managers; and WHEREAS, the City- Council has determined that it is in the best interest of the City to contract with these organizations in accordance ad, the terms and conditions of the attached agreements, now, therefore, BE IT RESOLVED BY THE CI'T`Y COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the agreements between the City- of Yakima and the community organizations and project managers in order to implement the 1999 Community Services Program as approved by City Council. ADOPTED BY 'THE CITY COUNCIL this 18tday of January 2000. SI MARY PLACE ATTEST: is! KAREN nPrP717C1: 176"' City Clerk Mayor Certified to be a true and correct copy of the original filed in my office. CITY CLERK _61%-cr/F.=-C-/L -) Deputy CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES CONTRACT This Contract (hereinafter "Contract") is entered into by and between the City of Yakima (hereinafter the "City"), and Washington Association of Minority Entrepreneurs (hereinafter the "Contractor"). 1. Contractor's Address: 24 South 3`d Avenue P.O. Box 9492 Yakima, WA 98909-0492 2. Contractor's Phone Number: (509) 453-5133 3. Contact Person: I uz Bazan Gutierrez 4. Title of Service or Program being Funded: Youth Finance Employment 5. Amount of Contract Award: $P5 308.0Q(CDBG) 6. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 02 117101 , unless sooner terminated by either party in accordance with Section XXIII or Section XXV of incorporated Exhibit "A". 7. This Contract 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, and a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.R-2000-07, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 8. Final Contract payment shall be subject to satisfactory completion of project described in Exhibit B, contractor/subcontractor lien releases, and satisfaction of all contract terms and conditions as stated in Exhibit "A" and Exhibit "C". This written document and incorporated exhibits constitutes the entire Contract between the parties. IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated below. R.A. Zais, Jr., City Manager Contractor Title: P*1-C Contract No. 2000-14 Resolution N o . ,fit -2000-7 Ada)/ ATTEST: City Clerk 4 /16,ri4� rig Date D te Date EXHIBIT "A" TERMS AND CONDITIONS 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 Contractor to undertake, and the Contractor 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 Contractor 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 the Contractor $25,808.00 for said project. III GENERAL BUDGET PROVISIONS The Contractor 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 Contractor or obligation of the Contractor 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 CDBG Program" and come within the Project Budget. B. No payment shall be made for any service rendered by the Contractor 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 Contractor 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 Contractor prior to the Contractor incurring any expenditures against the revised budget categories. 2 February 4, 2000 2. When the revision of the Contractor budget does not exceed ten percent (10%) of an approved budget category, the Contractor 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 Contractor 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. The Contractor shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in section III above, and as prescribed by the City of Yakima ONDS. VI I OCAL 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 The Contractor 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 surplus funds returned to City. VIII COMPLIANCE WITH LAWS A. GENERAL B. The Contractor, 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. •► •:: ";• ; • ; 11 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 Contractor shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out his/her 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. 3 February 4, 2000 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 Contract, and Contractor 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 Contractor, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, 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 and corresponding federal regulations (24 CFR 146). 13. Fair Housing Act and corresponding federal regulations (24 CFR 100, CFR 107 and 24 CFR 1). 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE requirements (24 CFR 85.36). 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 the Contractor 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 Contractor retains responsibility for fulfilling the requirements of 4 February 4, 2000 the State Environmental Policy Act and regulations and local ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or the Contractor 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. The Contractor agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, political affiliation, age, or the presence of any sensory, mental or physical disability. Such action shall include, but not be limited to: employment, upgrading, demotion, transfers, recruitment, advertising, layoff, termination, rates of pay, compensations, programs for training including apprenticeships. The Contractor 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 SERVIQFS A. The Contractor 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, political affiliation, age or the presence of any sensory, mental or physical disability. 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. The Contractor 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. The Americans with Disabilities Act. The Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. & 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 5 February 4, 2000 D. 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 Contractor 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 The Contractor 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 ACCFSS TO RFCORDS A. Contractor agrees that City may carry out monitoring and evaluation activities so as to ensure compliance by Contractor with this Contract, with the CDBG Compliance Documents, and with all other laws, regulations, and ordinances related to the performance hereof. Contractor agrees to provide City with any data determined by City to be necessary for its effective fulfillment of its monitoring and evaluation responsibilities. B. As often as City may deem necessary and upon 24 hour notice, Contractor 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. Contractor 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 Contractor 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 Terms and Conditions (Exhibit A), Project Description/ Statement of Work (Exhibit B). 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 and/ or required by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contractor 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. In the event of such assignment, the assignee shall assume all duties, obligations, and liabilities of Contractor as stated in this Contract. XV ,STANDARDS FOR FISCAI ACCOUNTABILITY A. The Contractor 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, 6 February 4, 2000 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 Contractor 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. The Contractor shall retain all books, records, documents and other material relevant to the Contract for seven (7) years after "final payment is made on" this Contract. The Contractor 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. The Contractor agrees that any contributions or payments made for services furnished under this Contract 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. The Contractor shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: A. 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. B. 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. C. 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. D. Adequate maintenance procedures shall be implemented to keep the property in good condition. E. If the Contractor 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 the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. F. Non -expendable personal property purchased by the Contractor 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. G. Any non -expendable personal property furnished to, or purchased by, the Contractor, 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. H. 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, the 7 February 4, 2000 Contractor 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. I. The Contractor 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 Contractor 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 the Contractor. No agent, employee, or representatives of the Contractor shall be deemed to be an employee, agent, servant or representative of the City of Yakima for any purpose, and the employees of the Contractor are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contractor 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 Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. XIX QUARTERLY REPORT Within thirty (30) calendar days of the end of each quarter during the term of this Contract the Contractor shall submit a written quarterly report outlining the progress towards completion of activities required under this Contract to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Contract, 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 thjs Contract. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds, 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. B. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE 8 February 4, 2000 On or before the date this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state 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 Contract. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, 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 initialed 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. 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 Contract, 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 Contract. Coverage under said policy shall remain in full force and effect for a three (3) year period after the expiration/termination date of this Contract with the same retroactive date either through renewal policies or "tail" coverage on the current policy. D. 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. Upon request a copy of the policy will be furnished to the City. E. 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 AND HOLD HARMLESS All services to rendered or performed under this Contract will be performed or rendered entirely to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold harmless the City of Yakima and all of its officers, agents, employees and elected officials from any and all liability, loss, fines, penalties, damages, lawsuits, judgements, awards, costs, and expenses (including reasonable attorney's fees and disbursements), which result from, arise out of, or are in any way connected with the services to be performed by the Contractor under this Contract. 9 February 4, 2000 XXII S;ONTRACT. TERMINATION AND 01 OSE OUT If the Contractor 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 the Contractor 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 Contractor 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. The Contractor 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 Contractor of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contractor. 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, non -withstanding 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 non -withstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the Contractor or its representative. The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed reduction in funding by Federal or other officials. The Contractor 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 Contract 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. 10 February 4, 2000 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 Contractor, the City of Yakima shall make or arrange for payment to the Contractor of allowable reimbursable costs not covered by previous payments. 2. The Contractor 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 the Contractor after fully considering the recommendation on disallowed costs resulting from the final audit. XXIII COVENANT AGAINST CONTINGENT FFFS 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. XXIV CONFLICT OF INTFRFST The City may, by written notice to the Contractor: A. Terminate 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. XXV 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 11 February 4, 2000 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. XXVI 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. XXVII 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. XXVIII 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. XXIX S;ONFLICT OF INTFRFST No member, officer, or employee of the City of Yakima, or the Contractor, 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. XXX RETURN OF CDBG FUNDS The Contractor shall return to the City all monies provided hereunder by the City to the Contractor if any of the following occur: 1. The Contractor materially changes the primary purpose and scope of the CDBG Project as described on Exhibit "B" to the Contract; or 2. The Department of Housing and Urban Development requires a 20 year "Affordability Period" from the date of execution of the Contract, and if the real property that is the subject of the CDBG Project described on Exhibit "B" to the Contract is sold or transferred in any way by the Contractor. XXXI PROJECT PROCEEDS CDBG funds provided by the City of Yakima to the Contractor shall be repaid to the City at no interest from project cash flow if and to the extent that annual net operating income to the Contractor (after project operating expense and first lien debt service) exceeds ten (10) percent 12 February 4, 2000 of the Contractors investment in the project (including equity and private lending) in any of the first five (5) years after issuance of a Certificate of Occupancy. XXXII SURVIVAL Any provision of this Contract which imposes an obligation after termination or expiration of this Contract shall survive the term or expiration of this Contract and shall be binding on the parties of this Contract. XXXII! 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, (Exhibit B), 4. City of Yakima Resolution No. R-2000-07 (Exhibit C), and 5. 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. XXXIV GOVERNING LAW 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. XXXV VENUE The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. 13 February 7, 2000 EXHIBIT B aolit 1. MIN 03M3a1 ' A.) Proposal Summary/Project Abstract: The Washington Association of Minority Entrepreneur (WAME) is a locally driven economic development organization whose mission is to promote economic development opportunities for low and moderate income persons. The proposed project is entitled "Youth Financial Fitness for the New Millennium". The proposed project will focus on providing realistic financial training and on the job training in business finance and accounting for 15 youth during the first 6 months of the year 2000. Of the fifteen youth that go to the training, 10 will be placed in an on the job training in private businesses that focus on finance such as accounting businesses, title companies, escrow companies etc. The remaining five, which will be chosen based on their interest and motivation, will be assisted in setting up their own business. All of the students must be enrolled in one of the high schools or alternative schools and come from the CDBG area. All youth that participate must have parental consent and be attending school. The total cost of the project will be $30,000. B.) Assessment of Need/Problem Statement: The problem is evident within the public and private sector whereby one can see a lack of low income and Hispanics within the businesses. It can be easily ascertained that during the summer months, the good jobs in offices be it in the city, county or other private business office jobs are usually filled by the sons and daughters of established and connected citizenry. The other jobs such as cooks, waitresses, janitorials, etc. are then filled by sons and daughters of many new citizens, that are not connected with the jobs within the government. The on going process excludes many of the low income youth to experience any finance type jobs either in the public or private sector. There is not scientific research on how many of the low income youth from within the targeted area are not being considered for office type jobs that will provide important life long experience in a financial field and career. Yet many of these businesses are benefitting from the changing demographics and have a need for talented bilingual youth that could help in the business. Like any other business opportunity for youth, it is who you know or who your parent's know. If many of these parents or not in the network or not connected, there is no opportunity for many of these youth to get these type of jobs. The project has been considered for some time. It has been discussed at youth forums, Hispanic Chamber meetings and Barrios Hispanos Leadership meetings. Many of the parents note that they are always taking their children to translate for home purchasing tand closing transactions. Since purchasing a home is one of the most important things that a family will undertake in their lives, it does not seem fair that a young person with no knowledge of this type of complicated transaction be used as a translator. It is complicated enough in English and hard to translate correctly. 1 This project will allow the opportunity for youth to experience private sector work outside of food services businesses. The other part of the project will be to provide five entrepreneurs within the group to set up their own business. The five selected must have the motivation to research their plan and write their own plan. The focus would be on setting up businesses to provide employment for youth in the neighborhood or businesses to better educate the low income community. The five youth chosen will work with staff in developing their own business plan and marketing study to determine the viability of the business. All youth will be required to attend a 25 hour business management training as part of the project. (Copy attached) C.) Program Goals and Objectives: Goal: To promote equal opportunity for youth in the private business finance sector. Objectives: 1. Provide 25 hours of business management training for 20 at -risk youth. 2. Provide 200 hour internship for on-the-job training for 10 at -risk youth. 3. Provide 40 hours of work site oversight to at -risk youth. 4. Create 8 full time summer jobs for at -risk youth. 5. Create 3 new businesses D.) Methodology: The proposed project will be a pilot project to determine the interest and support for this type of project in the community. Recruitment & Selection: The part time project coordinator will be responsible for developing and disseminating material to the high schools and alternative schools about the project. A simple one page application will be developed and given to interested students. A deadline will be given for all interested students. Once the deadline closed, interviews will be conducted by a neighborhood advisory committee to select 20 at -risk youth. The selected youth will be required to take the business management training course. Based on attrition, it is anticipated that only 15 of the selected 20 will complete the training and continue with the project. The 15 at risk youth that remain will go on to the on the job training or business development. 2 Training: The 25 business management training will run concurrent with the planned training already scheduled. The training curriculum is attached and will be provided by experts in the field that volunteer their time to make the training program a success. The training will be scheduled in the evenings or on a Saturday to assure that it does not interfere with their studies. Part of their training will be learning how to use Quickbooks Accounting Software Placement: The coordinator of the project will be responsible for placement of the at risk youth for a two hour after school internship. A job description will be developed by the project coordinator and the business. A responsibility agreement based on job description will be signed by both parties. The companies to be targeted are the accounting firms (4), title companies (4), escrow companies (2). Since WAME is involved in business development and working with title companies in regard to collateral issues, it is expected that there will be great cooperation. (Letters have been sent to each business to ask for their acceptance of a student intern and provide mentoring. The coordinator will work with the business contact and will visit the site a minimum of 2 hours per week to see the youth at work and determine appropriate match. Termination of Project: Upon completion of the 5 month after school program it is envisioned that the company will see the value of the youth and provide summer time employment at the company. The five entrepreneurs will be based at the WAME site and work with staff on their business plan. It is envisioned that at least three businesses will be developed that will become operational within the summer months. E.) Evaluation: The success of the program will be end results. The tools that will be used in the evaluation are the following: The application will be used as a survey tool to determine youth attitude toward math. It is our hypothesis that at risk youth tend to fear math. This fear holds them back from applying or considering in jobs that require math skills. The attitude survey will prove this and their basic capacity. Pre & Post survey of the selected youth before and after training. The pre survey will show the staff what skills are lacking and their interest to learn. The post survey will be the same survey with a twist that will prove that they gained knowledge about business development and the taxing system. 3 A picture will be taken at the beginning of program and at the end. The picture will be paArt of a journal that the students will keep on their experiences with the program. Another picture will be taken at the end of the program to show a change in appearance and attitude. The employment placement contact person will fill out an initial responsibility agreement that has the job description for the youth. The employer will also provide a close out statement on the youth's work and potential future employment. The successful launching of three new businesses by youth will determine the success of our project. F.) Community Involvement: The project has been initiated after many meetings and discussions within the SENIC representatives, Hispanic Chamber representatives and Barrios Hispanos representatives, all Eastside Yakima groups. All groups will be involved in the selection of the students. The consensus of the groups are that CDBG and neighborhood youth tend to be left out of the good opportunities in regard to office employment and employment that will have long term meaning for their future. Focus groups with the three above groups have been held regularly within the last year in regard to the need for more opportunities for at -risk youth. G.) Future and Other Necessary Funding: This project which has been in the conceptual stage for the last three years is envisioned as pilot project for a much bigger project that will focus on math and science business experience. The continuation of the program will be primarily based on the success of the project by the students and commitment from the local businesses. A professor at YVCC George Lopez is very interested in serving os part of the selection committee and will serve as part of the evaluation team to close out the project. 4 VAKIMA MICROENTERPRISE REVOLVING LOAN FUND BUSINESS MANAGEMENT TRAINING Jan 19 - Feb 18, 2000 (5 weeks) January 19 2.5.-- PERSONAL ASSESSMENT PECHNICAL ASSESSMENT January 21 2.5-- FINANCIAL STATEMENTS January 26 2.5-- CREDIT REPORTS AND YOU January 28 2.5-- DEVELOPING AND IMPLEMENTING A BUSINESS PLAN: A. SUMMARY AND GENERAL OVERVIEW B. DESCRIPTION OF BUSINESS AND PERSONAL RESUME February 2 2.5-- C. HOW TO DO A MARKET ANALYSIS February 4 2.5-- D. CASH FLOW PROJECTIONS February 9 2.5-- BOOKKEEPING AND ACCOUNTING MADE SIMPLE February 11 2.5-- QUICKBOOKS ACCOUNTING SYSTEM February 16 2.5-- TAXES- SESSION I L&I and EMPLOYMENT SEC February 18 2.5-- TAXES- SESSION II DEPT OF REVENUE and INTERNAL REVENUE SERVICES 5 01/12/2000 14:40 15094535165 WAME _T PAGE 01 Cost Assumptions NIP GRANT REQUEST Project Coordinator 50% FTE @ $12.50/br. X 20 wks. $ 5,000 12. J. Interns @ 6,50/hr X 10 hrs/wk X 20 wks. $15,600 Fringe Benefits @ 18% $ 2,808 enl¢ l ©c Supplies (paper) $ -1;692— //D Trawl-(-111-area-)— 9 00 glgid° TOTAL GRANT REQUEST -$26;1-00Y? 5, 305 IN-KIND CONTRIBUTIONS Administration: Executive Director 5 hrs./wk @ $25 X 20 wks. $ 2,500 Accountant 3 hrs./wk @ $15 X 20 wks. $ 900 Supplies (other) $ 2,000 15 Interns @ $250 $ 3.759 TOTAL IN-KIND CONTRIBUTIONS $ 9,150 TOTAL PROJECT COST $35,250 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: PROJECT: Expense Categories A - . I• • • A ntrepreneurs "Youth Financial Fitneas for the New Melennium" CDBG Funds State, Federal Applicant Share Total or Private Funds (In -Kind) Personnel 4:2011,400o 41-560- $24,500 Fringe Benefits 21 808 47580- 4,500 Travel h9() � �i1`: bV` j igP 0 Equipment h^ i a,�, MOO/446/ 3—,686- 7 2,000 3,000 Supplies Contractual Other (Specify) 1. Admin 3,400 3,400 2'Small Business Management 3,750 3,750 Total 2 5/ 308 .$30,08A- $9,150 $39,150 7 �ti°n ASSo 7:1011T,"%\‘‘ November 11, 1999 To Whom It May Concern: The Board of Directors passed a resolution on November 9, 1999 to submit a proposal to the City of Yakima for CDBG funding for a mentoring, on the job training and youth entrepreneurship to help place more at risk youth into the financial arena. rispin President Board of Director JVrshinglon Association of Minority Entrepreneurs 24 3rd Avenue P0. Pox 9492 Yakima, WA 98909-0492 (509) 453-5133 Fax. 009) 453-5165 ASOCIACION DE BARRIOS HISPANOS 24 S. 3R1). AVENUE, YAKIMA, WA 98902 PIIONE (509) 574 -8067 -FAX (509) 574-5212 November 12, 1999 Mr. Cobabe Manager Office of Neighborhood Development Services 112 S. 8th Street Yakima WA 98901 Dear Mr. Cobabe: I am writing in support of the "Youth Financial Fitness for the New Melennium" proposal submitted by WAME. Very few minority students are entering the financial industry and this is a program that will draw students to this very important arena. The program will strive to present to the interns the many opportunities available in the new technologies other then the traditional businesses currently existing in the Yakima Valley. This type of program has the potential of identyfying, developing and brining new industries to the region. Since • nco Execu ive Director S.E.N.I.C. 712 East Spruce Street Yakima, WA 98901 509-457-1060 South Last NQighborhood ImprovgmRnt CommittRQ a 501(c)(3) November 12, 1999 RE: "Youth Financial Fitness for the New Millenium" To Whom it May Concern: S.E.N.I.C. is excited by the concept of this proposal: to engage eastside youth in financial business development. From S.E.N.I.C.'s twenty year base of experience, we know there is a great need in the CDBG Target Area neighborhoods for the training and resulting skills the 20 teen program participants will gain. It is an essential element for grassroots economic development S.E.N.I.C. has a unique relationship with Target Area youth through our ten years of operating our year round arts program, Yakima Academy of the Arts, and other community service projects. S.E.N.I.C. can provide an alternate meeting site lir participant discussion groups at the Yakima Housing Authority Community Center. S.E.N.I.C. looks forward having input in selecting students for this excellent project. S.E.N.I.C. often refers our teen participants to on the job training opportunities, personal letters of reference, and work sites. Maud Scott, agent S.E.N.I.C. INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 450 GOLDEN GATE AVENUE, MS 7-4-01 SAN FRANCISCO, CA 94102-3400-7406 Date: 3Ma' 1 4 MI WASHINGTON ASSOCIATION OF MINORITY ENTREPRENEURS (W A M E) C/O LUZ BAZAN GUTIERREZ 24 S 3RD AVENUE YAKIMA, WA 98909-3420 DEPARTMENT OF THE TREASURY Employer Identification Number: 91-1518311 Case Number: 957013000 Contact Person: TYRONE THOMAS Contact Telephone Number: (213) 894-2289 Addendum Applies: No Dear Applicant: Based on the information you recently submitted, we have classified _ your organization as one that is not a private foundation within the meaning of section 509(a) of the Internal Revenue Code because you are described in sections 509 (a) (1) and 170 (b) (1) (A) (vi) . Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in 501(c)(3) is still in effect. This classification is based on the assumption that your operations will continue as you have stated. If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. This supersedes our letter dated September 25, 1996. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. As of January 1, 1984, you are liable for taxes under the Federal Insur- ance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calandar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). You are required to file Form 990 only if your gross receipts each year are normally more than $25,000. For guidance in determining whether your gross receipts are "normally" more than $25,000, see the instructions for Form 990. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $10 a day is charged when a,return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 percent of your gross receipts for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is Letter 1078 (DO/CG) -2 - WASHINGTON ASSOCIATION OF MINORITY complete before you file it. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, you should keep it in your permanent records If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, Steven A. Jensen District Director Letter 1078 (DO/CG) GI, ottlmI JU.�i puimN_rVl C1V�tJ{%��tJls.!:tIV !{%•�t!!!_�:tll% tJV��itD VV.!%tl !talo mVl lll.��lU�tlV , �VVissA!!_ ip,Rg .; ii J all 03 1.3 El la la 13 El .iE all all II. '413 all laEl la .111 tall STATE of `WVASHINGTON .s TA ri.. ix 4;1. SECRETL.RT of I, RALPH MUNRO, Secretary of State of the State of hereby issue this CERTIFICATE OF EXISTENCE/AUTHORIZATION OF WASHINGTON ASSOCIATION ENTREPRENEURS (WAME) 1all FURTHER CERTIFY that the records on above named nonprofit corporation was formed State of Washington and was issued a Certificate in Washington on February I FURTHER CERTIFY that as of the date of this certificate, have been filed, and that the corporation conduct affairs in the corporate form in „. STA T� itta:---- STATE Washington and custodian of its seal,El OF MINORITY file in this office show that the under the laws of the of Incorporation 6, 1991. no Articles of Dissolution is duly authorized to the State of Washington. i Ell Ea E E E E E I E to El i° N !E El E [f j O 1 .e Date: August 19, 1999 ■ O j��` ��S �, • -" State ,.„ ;• r,,, ,, (!) Given under my hand and the Seal of the ! Washington Olympia, the State Capital El of at 41 all a w tP �'`L113 p .ee„,; 1889� S. G.*: ' CIALIMICIP Ell 1l �i111�111(��Ilf®►111�1111�111Itg11I��11111111/�1111�1111i11irat Ralph Munro, Secretary of State 200-002� a1111�11r�tkrei 111(�I eili11i111/�111I�111/ai X1111®ltl/fa1111��111arril1111agi 1 EXHIBIT C RESOLUTION NO. R-2000- 07 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute agreements with four community organizations, to implement projects for Community Services, included in the 1999 Community Development Block Grant Consolidated Plan. WHEREAS, the City of Yakima was a recipient of 1999 Federal Cozn►nunit.y Development Block Grant funds which may be used, among other things, for Community Services, and WHEREAS, the City Council considered and approved the One Year Plan and budget including $50,000 for Community Services Focused on Youth; and WHEREAS, a balance of $35,000 from the 1998 CDBG Conununity Services budget was carried over to 1999; and WHEREAS, a citizen advisory committee, with the assistance of staff from the Office of Neighborhood Development Services, has researched and evaluated the 11 applications submitted; and WHEREAS, the Council Neighborhood Development Services Committee has reviewed the evaluation of proposals by the citizen advisory committee and has recommended four projects totaling $73,277 including: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Community Services TOTAL and Project Amount Youth Finance Employment $25,308 Discovery YMCA Outreach Program $20,000 Domestic Violence Cell Phone Program $9,000 Best SELF Program Expansion $18,969 $73,277 WHEREAS, the City desires that the funds be conditioned upon execution of an agreement with the organizations and project managers; and 'WHEREAS, the City Council has determined that it is in the best interest of the City to contract with these organizations in accordance ath the terns and conditions of the attached agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the agreements between the City of Yakima and the community organizations and project managers in order to implement the 1999 Community Services Program as approved by City Council. ADOPTED BY THE CITY COUNCIL this 18tday of January 2000_ SI MARY PLACE ATTEST: kJ KAREN 3„ neriEnTS, City Clerk Mayor Certified to be u true and correct copy ate the original filed in my office. , -2/-OO CITY CLERK rs ITEM TITLE: SUBMITTED BY: CONTACT: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I1 For Meeting Of: January 18, 2000 Contracts for 1999 Community Development Block Grant Community Services projects. c oo., Director of Community and Economic Development Michael A. Morales, Grants Writer/Compliance Officer 575-3533 SUMMARY EXPLANATION: The Office of Neighborhood Development Services (ONDS) issued a Requests for Proposals (RFP) for Community Services projects. Total funds available were $85,000, which is a combination of the 1999 budgeted amount and carryover funds from 1998. The review of proposals was conducted by a five -member committee of community residents and one Council member. The committee used a 100 point scoring system, and ranked proposals by their composite scores. The rankings were then presented to the Council Neighborhood Development Committee, which has recommended the following four proposals for funding: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Community Services TOTAL Project Amount Youth Finance Employment $25,308 Discovery YMCA Outreach Program $20,000 Domestic Violence Cell Phone Program $9,000 Best SELF Program Expansion $18,969 $73,277 The attached resolution authorizes the City Manager and City Clerk to execute contracts with the four organizations to complete the projects as approved by the City Council. Resolution X Ordinance Contract X Funding Source: Community Development Block Gr Aouroval for Submittal: C' Other ds City Manager STAFF RECOMMENDATION: BOARD RECOMMENDATION: COUNCIL AC;1'ION: Staff recommends approval. RESOLUTION NO. R-2000- 7 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute agreements with four community organizations, to implement projects for Community Services, included in the 1999 Community Development Block Grant Consolidated Plan. WHEREAS, the City of Yakima was a recipient of 1999 Federal Community Development Block Grant funds which may be used, among other things, for Community Services, and WHEREAS, the City Council considered and approved the One Year Plan and budget including $50,000 for Community Services Focused on Youth; and WHEREAS, a balance of $35,000 from the 1998 CDBG Community Services budget was carried over to 1999; and WHEREAS, a citizen advisory committee, with the assistance of staff from the Office of Neighborhood Development Services, has researched and evaluated the 11 applications submitted; and WHEREAS, the Council Neighborhood Development Services Committee has reviewed the evaluation of proposals by the citizen advisory committee and has recommended four projects totaling $73,277 including: Organization Washington Association of Minority Entrepreneurs Yakima YMCA Yakima YWCA Yakima County Office of Community Services TOTAL and WHEREAS, the City desires that the funds be conditioned upon execution of an agreement with the organizations and project managers; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with these organizations in accordance with the terms and conditions of the attached agreements, now, therefore, Project Amount Youth Finance Employment $25,308 Discovery YMCA Outreach Program $20,000 Domestic Violence Cell Phone Program $9,000 Best SELF Program Expansion $18,969 $73,277 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the agreements between the City of Yakima and the community organizations and project managers in order to implement the 1999 Community Services Program as approved by City Council. ADOPTED BY THE CITY COUNCIL this `h a J 2000, 31MARS �d ATTEST: ROBERTS8 .OKAREN Se ■ City Clerk Mayor Certified to be a true and correct copy of the original filed in my office. J—/i 2c) CITY CLERK