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HomeMy WebLinkAboutR-2001-104 Funds for community service projectsRESOLUTION NO. R-2001-104 A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the remaining approved community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 Federal Community Service Block Grant (CDBG) funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the Community Development Block Grant (CDBG) program, and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize and approve a total of $125,000 for grant requests from community service agencies, and WHEREAS, the Council acting on recommendation of the Neighborhood Development Council sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $125,000 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: e Execution of formal grant agreements between the City of Yakima and each agency 2. A contract between the City of Yakima and Best Self dated July 3, 2001 is hereby ratified, and 3. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The finalform of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2001. ATTEST: .,),/zz6t- kiee-c>de /ke'yb City Clerk ary Place, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Yakima County Best SELF (hereinafter "Contractor") 2. Address: County Courthouse Rm. 102 128 N. 2nd Street Yakima, WA 98901 3. Phone: (509) 574-1523 4. Contact Person: Judy Jacobson 5. Title of Service or Program being Funded: Summer Youth Education 6. Amount of Contract Award: $35,000 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight , / r ♦ 2 , unless sooner terminated by either party in accordance with Section XXII of incor•ora ed Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following: 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.2001-011, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. 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 a .+arties have executed this Contract as of the day and year indicated below. Contractor Title: 7..4.2.0. f �4'ii 0 f' ': g, Q 4 ,i%` 2iC • '/b�/�L,'j 1} !{II1i1111d�ti��` MC NYRACT NO: RESOLUTION NO: R Date BO OF YAKIMA COUNT 4' COMMISSIONERS es M. Lewis, Ch EXCUSED Jesse S. Palacios, Commissioner Ronald F. Gamache,'Commissioner 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 $35,000 for said project. 111 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 sub -object categories. 2 9/20/00 2. When the revision of the Contractor budget does not exceed ten percent (10%) of an approved budget sub -object 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 fumish 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 paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS 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 may be negotiated if they are to be included in future Contracts. 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 its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., 3 9/20/00 implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC Section 1857 et weq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. F Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 beneficiariesand titled force covenant. The Contractor, in of entitled to enforce such covenant. .. .. , undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Age Discrimination Act of 1975 (24 CFR 146). 13. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1). 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE (24 CFR 85.36 (e)). 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and accaccmant in determining whether the City must prepare. an Environmental Impact Statement. 4 9/20/00 B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The 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, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any services) 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. 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. 5 9/20/00 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. Xiii SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING 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. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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, Qtate 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 6 9/20/00 material relevant to the Contract for seven (7) years after settlement of 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: 1 Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the 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. Any nonexpendable 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. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 9. The Contractor shall be responsible for any loss or damage to the property of the City of Yakima ONDS or federal govemment (including expenses entered thereunto) which 7 9/20/00 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 Ile 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. XVII! TAXES AND AMENTS 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 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 initiated by the insurance agent). The insurance shall be with an insurance company or companies rated A -VD 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 8 9/20/00 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. 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 or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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 9 9/20/00 reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the Contractor nr 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. 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 nity 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 10 9/20/00 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 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 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. 2001- (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. XXVII 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. XXVIII VENUE The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. 11 9/20/00 XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. 7XAS S'SiVLUP`J\M INUOIVIC 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. 12 9/20/00 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 9/20/00 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES PROPOSAL FOR COMMUNITY SERVICES PROGRAM A.) PROPOSAL SUMMARY/PROJECT ABSTRACT Best SELF (Summer Education and Learning Fun) is a community sponsored eight-week summer program designed to provide social and learning experiences for children in grades K through 12 in Yakima County. Modeled after the Skagit County Best SELF program, Yakima County's Best SELF was launched in 1999 in response to the need for safe, supervised youth activities identified in the Yakima County Community Assessment Project of 1997. The emphasis of Best SELF is to reduce "risk factors" such as low commitment to school, friends who engage in problem behavior, lack of community involvement, and availability of illegal substances among K to 6 children from low and middle-income families. In collaboration with its community partners throughout the County, Best SELF is devoted to building the developmental assets of youth by carrying out all five objectives of America's Promise and furthering area school districts' Mission of academic excellence as reflected in Washington State Essential Academic Learnings scores. Best SELF is a collaborative effort that combines local resources and organizations to (1) addresses community risk factors that promote juvenile cr. (including alcohol and drug abuse); (2) foster increased commitment to the community; and (3) improve academic ski levels. The result is a comprehensive service that provides continuity of structure, education, and care for children bcyonu 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. The Best SELF experience provides interdisciplinary activities to its youth in three areas: academics, recreation, and community service. These provide young people with the opportunity to develop acadetnically and socially while gaining an appreciation for their individuality, heritage, and the diverse communities in which they live. The curriculum is administered by a teaching team of five in each class of 25 children. The team is comprised of a certified teacher, 2 college age program assistants and 2 high school age program associates. The fundamental responsibility of the teaching team is to create new and fun ways to increase academic skill levels as tneasured by the Washington State Essential Academic Learnings. "Themes" furthering the commitment of America's Promise and incorporating a developmental assets model are planned and developed by each classroom team. This approach uses an extensive "hands-on" curriculum involving responsible decision making and positive learning experiences. 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 its community partners piloted Best SELF at three locations in the county (Yakima, Toppenish, and Grandview). in the 2000 program year Best SELF was expanded to 2 sites in Yakima: Adams Elementary and Whitney Elementary. These 2 sites served 534 children in 2000; an increase of 67% over 1999. 'i'his proposal requests $ 47,170 to expand Best SELF by 2 additional classrooms in the Barge-Lincoln/Adams elementary school arca in Yakima. This is an area that has been identified as having a high concentration of "risk factors". Under this proposal Best SELF can serve 60 additional low and middle-income children in grades K to 6. These funds would enable the program to hire 1 site coordinator, 2 certified teachers, 4 program assistants, and 4 high school mentors, benefits, and youth shirts, class supplies, buss passes, swim lessons, recreation kits, and field trip enrichments. On the east side the City of Yakima, Yakima County and its Best SELF partners will contribute approximately $ 99,000 to provide services. 1 , B.) -ASSESSMENT OF NEED/PROBLEM STATEMENT Yakima County, including the City of Yakima, has a disproportionate number of social "risk factors" which threaten the 1th and well being of many children from low to moderate income families as well as threatening the stability of the ly itself. A Risk Profile completed by DSI -IS indicates rates for youth and adult risk factors within the area served by the Yakima School District exceeding the state average. These arc shown in Figures 1 and 2. mmunity Risk Factors Risk Factor Key Indicator Measurement Level of Risk Cornmunity Mobility Percentage of persons moving during the last five years 32.2% of all persons within the service area cornpared 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/AI 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 comrnitment to school Percent of youth (16-19) not completed or enrolled 19.98 % do not attend school sk Factors - -n Data Set --- - - -- - - - :, Total No. ., Percent per Student Population Source of Data School/County _,ane referrals 168 3,183 I% 23% 1997-98 Truancy Report 1997-98 Weapons in School Report Violent incidents 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 5 goals using America's Promises: (1) Fostering ongoing relationships with caring adults through the development of social skills through classroom mentoring. (2) Ensuring safe places with structured activities during non -school hours by providing safe, supervised recreational activities as alternatives to anti -social behavior for children in grades K to 6. (3) Furthering healthy start and future by promoting basic physical and mental well being for the child and family. (4) Investing in marketable skills through effective education by increasing academic skill levels among children in grades K to 6, college age program assistants, and high school program mentors. (5) Providing opportunities to give back through community service by sponsoring weekly activities that increase conunitrnent to the community among children in grades K to 6. 2 The 'specific objectives for achieving each of these goals arc shown in Figure 3. Goal Description Ohiartivsect". es 1 Ongoing relationships with caring adults Use developmental assets model to enhance interpersonal relationship skills t promote responsible decision -tanking. 2 Safe places with structured activities during non -school hours Engage youth in positive, structured recreational activities in a safe environment during the summer months. 3 Healthy start and future Develop alternatives to anti -social and high-risk behaviors, and promoting healthy life-style through Passport to I lealth. 4 Marketable skills through effective education Bond children to school through interactive learning experiences, expand student teacher work experience, and strengthen the work ethic among high school mentors_ 5 Opportunities to give back Develop assets of young people as comrnunity resources where they live and go to school through positive relationships with peers and adults. Completing 11 benchmarks will carry out both the goals and objectives: Figure 4 Benchmark Activity Time Frame i. Recruit and hire 1 site coordinators for Barge -Lincoln Cornpleted by May 1 2. Recruit and hire 2 certified teachers for Barge -Lincoln Completed by May 1 3. Recruit and hire 4 program assistants for Barge -Lincoln Cornpleted by May 1 4. Recruit and hire 4 high school mentor for Barge -Lincoln Completed by May 1 5. Certify all staff in First Aid and CPR Completed by June 8 6. Provide Best SELF orientation to all staff Completed by June 18 7. Provide 48 hours of Best SELF training to all staff Carried out June - August 8. Teaching teams develop program curriculum Completed by June 21 9. Advertise program During January - July 10. Accept applications for enrollment beginning April 1 until filled 1 1 . Begin program Completed by June 25 12. Collect and analyze evaluation data During November I D.) METHODOLOGY The means by which Best SELF is carried out incorporates extensive community collaboration and local resource sharing to provide individualized learning experiences. Figure 5 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 sense of pride for their community and creates direc. 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. 3 F ' EVALUATION t r�„ program evaluation will involve the collection and analysis of qualitative and qualitative data relating to: (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 progratn'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 ofa 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 countywide Best SELF program in 2000. Due to the success of Best SELF in 2000, additional community involvement is expected in tl- '01 program year. Within the city of Yakima during the 2000 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 -County Workforce Development 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. Children's Village Referral for families seeking quality care. Enriching lessons in self health care. Passport To Health Yakima County Substance Abuse Coalition AmcriCorp staff support. Referrals for families seeking quality care and staff training. Central Washington Comprehensive Mental Health WSIJ Extension Cooperative Program Evaluation support Facilities Recreation opportunities and community service. Yakima Parks and Rccrcation Yakima Valley Memorial Hospital Technical support and health programs. Referral for families seeking quality care. Catholic Family and Child Services United Way of Yakima County Technical support. City of Yakima Transportation and recreational support. KIMA-TV Public relations. Yakima County _ The support of over 17 departments provides the expertise to manage and professionally implement this program. 4 G.)• • BUDGET The budget for this proposal reflects only the cost of providing 2 additional classrooms in Yakima. PERSONNEL Site Coordinator. Each site will have a Coordinator that 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. _ctn nn Site Coordinators will work 40 hours per week for 8 weeks plus an additional 40 -hour for training at a rate o► $19.00 per hour. The expanded Yakiina Site will require 1 Site Coordinator at a cost of $6,840. 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 $16.25 per hour. The expanded Yakima Site will require two teachers at a cost of $8,060. 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 Assistants will work 40 hours per week for 8 weeks phis additional hours for training rate of 88 00 per hour. The exnanded Yakima Site will require 4 Program phis an additional 40 suuue � training at a .......�. ,... 5.. �.. ........ ..... _ .Q.._.. _ Assistant at a cost of $11,520. 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 $6.72 per hour. The expanded Yakima Site will require 4 additional Program Associates at a cost of $9,680. Fringe Benefits. Fringe Benefits are calculated at 4% of base salaries for all staff. Benefits include health care, social security, worker's compensation, short-term disability, and retireinent benefits. Total program cost for fringe benefits is approximately $1,444. SUPPLIES Each classroom is budgeted to spend $4,800 on the needs of lessons including, but not be limited to, paper, books, glue, scissors, pencils, art and craft supplies, books, and swimming pool admissions, buss passes, and tee shirts. At a rate of $4,813per classroom, total program cost of 2 additional classrooms will be $9,626 (Figure 7). Figure 7 Item Unit Cost Number of Units Totals Class supplies $ 700 2 $1,400 Program enrichment/supplies $ 500 2 $1,000 Recreation kit $ 500 2 $1,000 Swim passes/lessons $2,500 2 $5,000 Bus passes $ 400 2 $ 800 Staff tee shirts $ 6.00 11 staff $ 66 Youth tee shirts $ 6.00 60 children $ 360 $9,626 5 H.) LEVERAGING AND PARTNERSHIPS SELF receives a wide variety of community support. Community contributions to the overall 2001 program in Figure 8 are based on the Best Self 2000 Program Year revenues. I. REQUIRED ADMINISTRATIVE INFORMATION Resolution by Board of Directors authorizing application. See attached dated 4/23/01. 2. Letters of commitment from other organizations contributing financially to the project. See letters of support. 3. IRS Determination Letter. Not Applicable - Government Agency. 4. Evidence of incorporation in the State of Washington. Not Applicable - Government Agency. 6 Figure 8 Organization Financial Contribution In -Kind Amount Other Yakima County General Fund $ 57,500 Yakima County Departments $40,000 DSHS Child Care Subsidy Reimbursement $ 64,839 Migrant Education Reimbursement $168,131 Substance Abuse Coalition (3 AmeriCorp) $17,700 United Way $ 2,000 US Forest Service $ 200 Catholic Family Services $ 6,800 Tri -County Workforce Development Council $108,501 Project Change $ 100 WSU Cooperative $ 305 Private User Pay $ 74,201 Other $2,312 $107,410 TOTALS $62,614 $587,382 I. REQUIRED ADMINISTRATIVE INFORMATION Resolution by Board of Directors authorizing application. See attached dated 4/23/01. 2. Letters of commitment from other organizations contributing financially to the project. See letters of support. 3. IRS Determination Letter. Not Applicable - Government Agency. 4. Evidence of incorporation in the State of Washington. Not Applicable - Government Agency. 6 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: Yakima County Best SF.TF PROJECT: Best SELF (Summer Education & Learning Fun) Expense Categories CDBG Funds State, Federal Applicant Share Total or Private Funds (Cash/In-Kind) Personnel $36,100 $124,358 $160,458 Fringe Benefits $ 1,444 $ 5,182 $ 6,626 Travel 6,000 $ 6,000 Equipment $ 30,605 $ 30,605 Supplies $ 9,626 $583,655 $593,281 Contractual Other (Specify) 1. 2. Total $47,170 $749,800 $796,970 2001 CDBG Budget Revision $6,840 Site Coordinator $8,060 Teachers x 2 $11,520 Program Assistants x 4 $26,420 Sub Total $1,057 Fringe $27,477 Sub Total $7,523 Supplies & Transportation $35,000 CDBG Grant Total BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: l0 For Meeting of: July 17, 2001 ITEM TITLE: Proposed funding for 2001 Community Service Projects with Community D velopment Block Grant (CDBG) funds itiviris SUBMITTED BY: m Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: William Cobabe, Neighborhood Development Services, Manager (575-6101) SUMMARY EXPLANATION: Each year the City of Yakima has funded a variety of community service projects with CDBG funds. After a request for proposals (RFP), the Council Neighborhood Development Committee and staff evaluated this year's applications. A selection of projects is now forwarded to the full Council for final consideration and approval. Please note, at the request of Council, on June 19, 2001 additional funding from the 2001 CDBG budget was added to the original Community Services line to help fund these programs. At the June 19th meeting, Council also approved immediate funding for Chamber of Commerce and Best Self programs because they were summer programs with immediate financial needs. The original proposal for funding was: Chamber of Commerce $5,000 United Way $20,000 Yakima School Foundation $5,000 Davis FBLA $10,000 RSVP $10,000 YWCA $15,000 *Best Self $35,000 Total 100,000 Subsequently, based upon a re-evaluation of the current CDBG budget an additional $25,000 has been identified to assist with the projects. Staff proposes that this funding be allocated as follows: Family -A -Fair $5,000 Rural Community Development Resources $20,000 Amended Total $125,000 This approval will ratify a contract with Best Self (see asterisk above), and authorize the City Manager to execute contracts for the remaining proposed projects. Total FY2001 community services program would be $125,000 as listed above. Resolution X Ordinance Contract X Other Specify Funding Source: CDBG: Community Sices, Economic Development and Infrastructure APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approval. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-104 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Yakima County Best SELF (hereinafter "Contractor") 2. Address: County Courthouse Rm. 102 128 N. 2nd Street Yakima, WA 98901 3. Phone: (509) 574-1523 4. Contact Person: Judy Jacobson 5. Title of Service or Program being Funded: Summer Youth Education 6. Amount of Contract Award: $35,000 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight , / ' / 2 , unless sooner terminated by either party in accordance with Section XXII of incor•ora ed Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following: 1) `Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.2001-i01I, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. 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 e,•arties have executed this Contract as of the day and year indicated below. Contractor Title. Date BO OF YAKIMA COUNT �COM/MIISSSIONERS )/', es M. Lewis, Ch EXCUSED Jesse S. Palacios, Commissioner Ronald F. Gamache,'Commissioner via E. ant (ler n the Board 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 $35,000 for said project. 111 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 "Er of this Contract. 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 sub -object categories. 2 9/20/00 2. When the revision of the Contractor budget does not exceed ten percent (10%) of an approved budget sub -object 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 paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS 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 may be negotiated if they are to be included in future Contracts. 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 its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010- 090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., 3 9/20/00 implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC Section 1857 et weq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation) 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 (24 CFR 146). 13. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1). 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE (24 CFR 85.36 (e)). 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require 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. 4 9/20/00 B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The 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, or age. 1 Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. 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. 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. 5 9/20/00 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING 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. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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 6 9/20/00 material relevant to the Contract for seven (7) years after settlement of 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: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the 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. Any nonexpendable 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. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 9. 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 7 9/20/00 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 dearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this 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 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 8 9/20/00 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 -VH or higher in Best's Guide and admitted in the State of Washington. 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 or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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 9 9/20/00 reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the 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. 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 10 9/20/00 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 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 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. 2001- (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. XXVII 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. XXVIII VENUE The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. 11 9/20/00 XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXI PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. 12 9/20/00 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 9/20/00 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES PROPOSAL FOR COMMUNITY SERVICES PROGRAM A.) PROPOSAL SUMMARY/PROJECT ABSTRACT Best SELF (Summer Education and Learning Fun) is a community sponsored eight-week summer program designed to provide social and learning experiences for children in grades K through 12 in Yakima County. Modeled after the Skagit County Best SELF program, Yakima County's Best SELF was launched in 1999 in response to the need for safe, supervised youth activities identified in the Yakima County Community Assessment Project of 1997. The emphasis of Best SELF is to reduce "risk factors" such as low commitment to school, friends who engage in problem behavior, lack of community involvement, and availability of illegal substances among K to 6 children from low and middle-income families. In collaboration with its community partners throughout the County, Best SELF is devoted to building the developmental assets of youth by carrying out all five objectives of America's Promise and furthering area school districts' mission of academic excellence as reflected in Washington State Essential Academic Learnings scores. Best SELF is a collaborative effort that combines local resources and organizations to (1) addresses community risk factors that promote juvenile crime (including alcohol and drug abuse); (2) foster increased commitment to the community; and (3) improve academic skill levels. 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. The Best SELF experience provides interdisciplinary activities to its youth in three areas: academics, recreation, and community service. These provide young people with the opportunity to develop academically and socially while gaining an appreciation for their individuality, heritage, and the diverse communities in which they live. The curriculum is administered by a teaching team of five in each class of 25 children. The team is comprised of a certified teacher, 2 college age program assistants and 2 high school age program associates. 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" furthering the commitment of America's Promise and incorporating a developmental assets model are planned and developed by each classroom team. This approach uses an extensive "hands-on" curriculum involving responsible decision making and positive learning experiences. 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 its community partners piloted Best SELF at three locations in the county (Yakima, Toppenish, and Grandview). In the 2000 program year Best SELF was expanded to 2 sites in Yakima: Adams Elementary and Whitney Elementary. These 2 sites served 534 children in 2000; an increase of 67% over 1999. This proposal requests $ 47,170 to expand Best SELF by 2 additional classrooms in the Barge-Lincoln/Adams elementary school arca in Yakima. This is an area that has been identified as having a high concentration of "risk factors". Under this proposal Best SELF can serve 60 additional low and middle-income children in grades K to 6. These funds would enable the program to hire 1 site coordinator, 2 certified teachers, 4 program assistants, and 4 high school mentors, benefits, staff and youth shirts, class supplies, buss passes, swim lessons, recreation kits, and field trip enrichments. On the east side of the City of Yakima, Yakima County and its Best SELF partners will contribute approximately $ 99,000 to provide services. 1 B.) ASSESSMENT OF NEED/PROBLEM STATEMENT Yakima County, including the City of Yakima, has a disproportionate number of social "risk factors" which threaten the health and well being of many children from low to moderate income families as well as threatening the stability of the family itself. A Risk Profile completed by DSI -IS indicates rates for youth and adult risk factors within the area served by the Yakima School District exceeding the state average. These are shown in Figures 1 and 2. Figure 1 Community Risk Factors 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 cornpared 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/AI 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 Target Community Risk Factors 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 accotnplish 5 goals using America's Promises: (5) Fostering ongoing relationships with caring adults through the development of social skills through classroom mentoring. Ensuring safe places with structured activities during non -school hours by providing safe, supervised recreational activities as alternatives to anti -social behavior for children in grades K to 6. Furthering healthy start and future by promoting basic physical and mental well being for the child and family. Investing in marketable skills through effective education by increasing academic skill levels among children in grades K to 6, college age program assistants, and high school program mentors. Providing opportunities to give back through community service by sponsoring weekly activities that increase commitment to the community among children in grades K to 6. 2 The 'specific objectives for achieving each of these goals are shown in Figure 3. re 3 Goal Description Objectives 1 Ongoing relationships with caring adults Use developmental assets model to enhance interpersonal relationship skills and promote responsible decision-making. 2 Safe places with structured activities during non -school hours Engage youth in positive, structured recreational activities in a safe environment during the summer months. 3 E-iealthy start and future Develop alternatives to anti -social and high-risk behaviors, and promoting healthy life-style through Passport to Health. 4 Marketable skills through effective education Bond children to school through interactive learning experiences, expand student teacher work experience, and strengthen the work ethic among high school mentors. 5 Opportunities to give back Develop assets of young people as community resources where they live and go to school through positive relationships with peers and adults. Completing 11 benchmarks will carry out both the goals and objectives: Figure 4 Benchmark Activity Time Frame 1. Recruit and hire 1 site coordinators for Barge -Lincoln Completed by May 1 2. Recruit and hire 2 certified teachers for Barge -Lincoln Completed by May 1 3. Recruit and hire 4 program assistants for Barge -Lincoln Completed by May 1 4. Recruit and hire 4 high school mentor for Barge -Lincoln Completed by May 1 5. Certify all staff in First Aid and CPR Completed by June 8 6. Provide Best SELF orientation to all staff Completed by June 18 7. Provide 48 hours of Best SELF training to all staff Carried out June - August 8. Teaching teams develop program curriculum Completed by June 21 9. Advertise program During January - July 10. Accept applications for enrollment beginning April 1 until filled 11. Begin program Completed by June 25 12. Collect and analyze evaluation data During November D.) METHODOLOGY The means by which Best SELF is carried out incorporates extensive community collaboration and local resource sharing to provide individualized learning experiences. Figure 5 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. Maxitnizes 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. 3 E.) EVALUATION The program evaluation will involve the collection and analysis of qualitative and qualitative data relating to: (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 countywide Best SELF program in 2000. Due to the success of Best SELF in 2000, additional community involvement is expected in the 2001 program year. Within the city of Yakima during the 2000 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 -County Workforce Development 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. OSP! Eliminated the financial barrier to migrant students. Children's Village Referral for families seeking quality care. Enriching lessons in self health care. Passport To Health Yakima County Substance Abuse Coalition AmeriCorp staff support. Central Washington Comprehensive Mental Health Referrals for families seeking quality care and staff training. WSU Extension Cooperative Program Evaluation support Facilities 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. KIMA-TV Public relations. Yakima County The support of over 17 departments provides the expertise to manage and professionally implement this program. 4 G4 BUDGET The budget for this proposal reflects only the cost of providing 2 additional classrooms in Yakima. PERSONNEL Site Coordinator. Each site will have a Coordinator that 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 $19.00 per hour. The expanded Yakima Site will require 1 Site Coordinator at a cost of $6,840. 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 $16.25 per hour. The expanded Yakima Site will require two teachers at a cost of $8,060. 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 Assistants will work 40 hours per week for 8 weeks plus an additional 40 hours for training at a rate of $8.00 per hour. The expanded Yakima Site will require 4 Program Assistant at a cost of $11,520. 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 $6.72 per hour. The expanded Yakima Site will require 4 additional Program Associates at a cost of $9,680. Fringe Benefits. Fringe Benefits are calculated at 4% of base salaries for all staff. Benefits include health care, social security, worker's compensation, short-term disability, and retirement benefits. Total program cost for fringe benefits is approximately $1,444. SUPPLIES Each classroom is budgeted to spend $4,800 on the needs of lessons including, but not be limited to, paper, books, glue, scissors, pencils, art and craft supplies, books, and swimming pool admissions, buss passes, and tee shirts. At a rate of $4,813per classroom, total program cost of 2 additional classrooms will be $9,626 (Figure 7). Figure 7 Item Unit Cost Number of Units Totals Class supplies $ 700 2 $1,400 Program enrichment/supplies $ 500 2 $1,000 Recreation kit $ 500 2 $1,000 Swim passes/lessons $2,500 2 $5,000 Bus passes $ 400 2 $ 800 Staff tee shirts $ 6.00 11 staff $ 66 Youth tee shirts $ 6.00 60 children $ 360 $9,626 5 H.) LEVERAGING AND PARTNERSHIPS Best SELF receives a wide variety of community support. Community contributions to the overall 2001 program in Figure 8 are based on the Best SeIf2000 Program Year revenues. Figure 8 Organization Financial Contribution In -Kind Amount Other Yakima County General Fund $ 57,500 Yakima County Departments $40,000 DSHS Child Care Subsidy Reimbursement $ 64,839 Migrant Education Reimbursement $168,131 Substance Abuse Coalition (3 AmeriCorp) $17,700 United Way $ 2,000 US Forest Service $ 200 Catholic Family Services $ 6,800 Tri -County Workforce Development Council $108,501 Project Change $ 100 WSU Cooperative $ 305 Private User Pay $ 74,201 Other $2,312 $107,410 TOTALS $62,614 $587,382 I. REQUIRED ADMINISTRATIVE INFORMATION 1. Resolution by Board of Directors authorizing application. See attached dated 4/23/01. 2. Letters of commitment from other organizations contributing financially to the project. See letters of support. 3. IRS Determination Letter. Not Applicable - Government Agency. 4. Evidence of incorporation in the State of Washington. Not Applicable - Government Agency. 6 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: Yakima County Best SFTF PROJECT: Best SELF (Stormier Education & Learning Fun) Expense Categories CDBG Funds State, Federal Applicant Share Total or Private Funds (Cash/ln-Kind) Personnel $36,100 $124,358 $160,458 Fringe Benefits $ 1,444 $ 5,182 $ 6,626 Travel $ 6,000 $ 6,000 Equipment $ 30,605 $ 30,605 Supplies $ 9,626 $583,655 $593,281 Contractual Other (Specify) 1. 2. Total $47,170 $749,800 $796,970 2001 CDBG Budget Revision $6,840 Site Coordinator $8,060 Teachers x 2 $11,520 Program Assistants x 4 $26,420 Sub Total $1,057 Fringe $27,477 Sub Total $7,523 Supplies & Transportation $35,000 CDBG Grant Total RESOLUTION NO. R-00 A RESOLUTION approving a total of $100,000 in grant requests to be made from federal CDBG funds for community service projects in Yakima, Washington, and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 federal CDBG funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the CDBG program, and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize and approve a total of $100,000 for grant requests from community service agencies, and WHEREAS, the council acting on recommendation of its ONDS sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $100,00 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: • Execution of formal grant agreements between the City of Yakima and each agency 2. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 19th day of June, 2001. ATTEST: Mary Place, Mayor City Clerk CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization Yakima Schools Foundation (hereinafter "Contractor") 2. Address: P.O. Box 1173 Yakima, WA 98907 3. Phone: (509) 457-0898 4. Contact Person. Patty Dion 5. Title of Service or Program being Funded: "Parent Involvement Project" 6. Amount of Contract Award: $5,000 (CDBG) ,-,27)6 - ic) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight / --1— &2, unless sooner terminated by either party in accordance with Section XXII of incorporated Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following. 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.2001-104, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference 9. 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: ATTEST: City Clerk CITY CONTRACT SO. CRCI / l C� REsotuTN>N wa ,A -?' ?/ --/C' c, ate ate Date 7P -- 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 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 $ 5000 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 OMB Circular A — 87 "eligible costs" 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 sub -object categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) 2 08/02/01 of an approved budget sub -object 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 paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS 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 may be negotiated if they are to be included in future Contracts. Assets purchased with CDBG funds shall continue to be used in accordance with its original purpose as provided in 24 CFR § 570.503 (b)(8). 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 its inspection and certification responsibility under the regulations including but not limited to 24 CFR § 570.608. 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) 3 08/02/01 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70 92 RCW 5. Clean Air Act as amended, 42 USC Section 1857 et seq, Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6 Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation) 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and § 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1 In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 (24 CFR § 146). 13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1) 14. Housing Quality Standards (24 CFR § 882.109) 15. WBE/MBE (24 CFR § 85 36 (e) 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare 4 08/02/01 an Environmental Impact Statement. B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The 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, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. 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. 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 5 08/02/01 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING 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. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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 6 08/02/01 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 settlement of 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: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the 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. Any nonexpendable 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. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 7 08/02/01 9. 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 He 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 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 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 8 08/02/01 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. 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 or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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. In accordance with 24 CFR § 85.43 and 44. 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 9 08/02/01 In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the 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. 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, aII 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 10 08/02/01 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 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 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 2001-104 (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. XXVII 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. XXVIII VENUE 11 08/02/01 The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision XXXI PROGRAM INCOME Program income, if any, shall be retained by the contractor. Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST In accordance with 24 CFR § 570.611, 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 exercise 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. 12 08/02/01 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 08/02/01 Yakima Schools Foundation Mission: To enhance educational programs by establishing and maintaining a perpetual funding source and by increasing community involvement in Yakima public schools. Building • Bolld Foundation for Learning BOARD MEMBERS President: Paul Larson Vice President: Jim Meyer Treasurer: Willette Cheatom Secretary: Donna Orvald Rob Bickier Sue Ford Linda Gilmore Walt Hefner Sally Kincaid Carol Licht Hamilton Licht Larry Petry Doug Rich Ann Spiegel Ken Wagar Mel Wagner Ann Willis Gayle Wingerter Ex -officio Jack Irion Ben Soria Executive Director Patty Dion ADVISORY COMM. Bob Alexander Bill Almon Steve Altmayer Greta Bryan Leone Cheatom Dave Dion Edward Esparza Gayle Harthcock Linda lasella Don Moen Delmar Pearson Marrallyn Schonian Mary Skinner David Williams Bruce Willis A.) PROPOSAL SUMMARY/PROJECT ABSTRACT Objectives of Our Organization: The Yakima Schools Foundation is a non-profit 501 (c) ( 3) community based organization. Our mission is to enhance educational programs by establishing and maintaining a perpetual funding source and by increasing community involvement in Yakima Public Schools. The goal of the Yakima Schools Foundation is to build a solid foundation for learning. Areas of emphasis include: academic excellence, classroom enhancement, cultural arts, and youth at risk, as well as promoting partnerships involving — students, schools, parents, and the community. The Yakima Schools Foundation is the only non-profit foundation established to serve a local school district in Eastern Washington. Our Foundation is a part of the growing trend to establish organizations to provide for the funding of projects and activities outside the school budget funded by the district's tax base. How the funds will be used: The project we feel best meets the needs of our community encourages parent involvement with the education of their children. The "Parent Involvement Project" will encourage the participation of the whole family. For instance, while the parent learns English as a second language school aged children will be helped and tutored with homework assignments. Preschool youngsters will be taught appropriate social and play habits while learning basic developmental skills to prepare and enable them to better merge into the school system. Small children will be read to and cared for in a structured environment by both salaried teachers and by volunteers. In order to deliver these services we need to bring educational opportunities to the participants. Classes will be held in schools within the community of the participant. In most cases there will be some familiarity with the school, its teachers and most often transportation will not be an issue. Food is often a good way to encourage full family involvement. Refreshments will be provided through this grant and by donations from local establishments. Book baskets containing appropriate age books will be provided to each family at graduation as incentives to promote continued attendance and reading mastery. We are asking for a grant in the amount of $5000 to implement this program at the Adams Elementary School. Adams is in the CDBG Target Neighborhood. If funded our request will attempt to meet two of the listed program needs; Youth activity or mentoring programs and Educational programs for all ages. The Yakima Schools Foundation is a non-profit 501 (c) (3) organization E-mail: pdion@yakima-wa.com MAILING ADDRESS' P.O. Box 1173 Yakima, WA 98907 OFFICE LOCATION: 1210 5.1st St., Suite 203 A, Yakima Website; www ysf.locality.com PHONE:(509)457-0898 FAX. (509)457-0896 Yakima Schools Foundation Mission: To enhance educational programs by establishing and maintaining a perpetual funding source and by increasing community involvement in Yakima public schools. Building . solid r0un4*Uou for Learning BOARD MEMBERS President: Paul Larson Vice President: Jim Meyer Treasurer: Willette Cheatom Secretary: Donna Orvald Rob Bickler Sue Ford Linda Gilmore Walt Hefner Sally Kincaid Carol Licht Hamilton Licht Larry Petry Doug Rich Ann Spiegel Ken Wagar Mel Wagner Ann Willis Gayle Wingerter Ex -officio Jack Irion Ben Soria Executive Director Patty Dion ADVISORY COMM. Bob Alexander Bill Almon Steve Altmayer Greta Bryan Leone Cheatom Dave Dion Edward Esparza Gayle Harthcock Linda lasella Don Moen Delmar Pearson Marrallyn Schonian Mary Skinner David Williams Bruce Willis B.) ASSESSMENT OF NEED/PROBLEM STATEMENT Implementation of the program will begin during the 2001 summer and fall time frame. Initially two elementary schools have been able to participate thanks to a grant received from Wells Fargo Foundation through an application from the Yakima Schools Foundation. They are Robertson and Martin Luther King. Robertson has used portions of their funding to promote Family Nights and the purchase of books. (See attachment A) MLK used part of their $2500 to purchase listening devises so that monolingual parents could listen and participate simultaneously with the programs as they were being presented. (See Attachment B) Both programs have been quite successful. Barge Lincoln and Hoover Elementary Schools have been chosen as well for implementation of this program because they are also schools in need of a program to bring parents into their community school and to involve them in the process of student learning. The both are located in high poverty areas of our city. At present there is little parental participation in either of these schools. Grant requests have been submitted to other organizations for funding of the program in Barge Lincoln and Hoover. We will use the positive models demonstrated at MLK and Robertson as our springboard for success. Adams is in a very high need area of our city. It has the highest elementary school population in the Yakima School District. As of April 1, 2001 total enrollment was 717 students grades preschool through five. Of this number over 500 represent a minority population and all students at Adams are on the free or reduced lunch program, an indication of the high rate of poverty in this schools' population. Rod Bryant, Principal of Adams Elementary is very determined to have a Parent Involvement Program in his school and is excited about the participation of the Yakima Schools Foundation and funding from the CDBG Program. C.) PROGRAM GOALS AND OBJECTIVES Objectives and Expected Outcomes: Our goal is to promote the involvement of the parent, which is so essential in providing the guidance necessary to help our children to become strong community, citizens. Our objectives include urging mastery of the English language for the parents of our students. Once this is accomplished, the entire family can benefit in many ways. Children of all ages will experience a new appreciation of their school, increased self-esteem and the fun of opening new worlds The Yakima Schools Foundation is a non-profit 501 (c) (3) organization E-mail: pdion@yakima-wa.com MAILING ADDRESS: P.O. Box 1173 Yakima, WA 98907 OFFICE LOCATION: 1210 S. 1st St., Suite 203 A, Yakima Website; www ysf.locality.com PHONE:(509)457-0898 FAX: (509)457-0896 Yakima Schools Foundation Mission: To enhance educational programs by establishing and maintaining a perpetual funding source and by increasing community involvement in Yakima public schools. Seu 440. *SIP ANAL I:1.: 414/. Building a So1M foundation for Learning BOARD MEMBERS President: Paul Larson Vice President: Jim Meyer Treasurer: Willette Cheatom Secretary: Donna Orvald Rob Bickler Sue Ford Linda Gilmore Walt Hefner Sally Kincaid Carol Licht Hamilton Licht Larry Petry Doug Rich Ann Spiegel Ken Wagar Mel Wagner Ann Willis Gayle Wingerter Ex -officio Jack Irion Ben Soria Executive Director Patty Dion ADVISORY COMM. Bob Alexander Bill Almon Steve Altmayer Greta Bryan Leone Cheatom Dave Dion Edward Esparza Gayle Harthcock Linda lasella Don Moen Delmar Pearson Marrailyn Schonian Mary Skinner David Williams Bruce Willis through books. Parenting skills will increase as well as a new interest and involvement with their child's school and education. As we, as a community, continue in our efforts to adopt the principals of America's Promise to be Yakima's Promise the Parent Involvement Program will demonstrate how we "care for our youth". The program will meet all five components: *Caring Adults - Ongoing relationships with caring adults; parents, mentors, tutors and coaches *Safe Places — Safe places with structured activities during non -school hours *Healthy Start — Healthy start in school leading to a successful future *Marketable Skills — Marketable skills through effective education *Community Service — Opportunity to give back through community service D.) METHODOLOGY Classes will be held in the school and since it is in the neighborhood of the student, transportation will not be an issue. Instructors will be teachers, volunteers and staff from the school. Food will be provided to encourage the social aspect so important in establishing a comfort level for all involved. E.) EVALUATION Pre and post questionnaires will be given to each parent participating in the Parent Involvement Project. As the students from these programs enter school or the next grade, literacy skills will be tested. As an evaluative study, scores will be compared to other students who have not had access to these programs. Further proof of success of the Parent Improvement Project will be accomplished as we do testing using the mandatory Essential Learning Skills format required by the state of Washington. F.) COMMUNITY INVOLVEMENT Involvement of citizens in the Parent Involvement Project is through development of a program the meets the basic goals of involving parents in the education of their children and encouraging reading to increase the overall literacy rates of the Yakima community. The participants and instructors will determine implementation, evaluation and the qualification of successful outcomes. Parent Teacher Association at Adams will play an The Yakima Schools Foundation is a non-profit 501 (c) (3) organization E-mail: pdion@yakima-wa.com MAILING ADDRESS: P 0. Box 1173 Yakima, WA 98907 OFFICE LOCATION: 1210 S. 1st St, Suite 203 ,A, Yakima Website; www.ysf.locality.com PHONE:(509)457-0898 FAX: (509)457-0896 Yakima Schools Foundation Mission: To enhance educational programs by establishing and maintaining a perpetual funding source and by increasing community involvement in Yakima public schools. Building a Solid Foundation for Learning BOARD MEMBERS President: Paul Larson Vice President: Jim Meyer Treasurer: WIIIette Cheatom Secretary Donna Orvald Rob Bickler Sue Ford Linda Gilmore Walt Hefner Sally Kincaid Carol Licht Hamilton Licht Larry Petry Doug Rich Ann Spiegel Ken Wagar Mel Wagner Ann Willis Gayle Wingerter Ex -officio Jack Irian Ben Soria Executive Director Patty Dion ADVISORY COMM. Bob Alexander Bill Almon Steve Altmayer Greta Bryan Leone Cheatom Dave Dion Edward Esparza Gayle Harthcock Linda lasella Don Moen Delmar Pearson Marrallyn Schonian Mary Skinner David Williams Bruce Willis important part at Adams. Community volunteers from Washington Reading Corp, Downtown Rotary and many other organizations will be utilized. G.) BUDGET See Attached Budget Salaries for two teachers at five hours per week times thirty weeks are estimates only. This will allow for preparation time and instruction of volunteers. The $12,000 will be an in-kind match from the Yakima School District. An estimate of $1300 will cover all administrative and coordination activities and again will be covered by the Yakima School District. Should transportation be necessary for some students and their families, funding to hire trained Yakima School District bus drivers is estimated at $3000 and also would be an in-kind match from the District. The $5000 grant we are requesting from the CDBG Program will be used to purchase books, supplies and food for the Parent Involvement Program participants. H.) LEVERAGING AND PARTNERSHIPS The two schools who now have this program in place are demonstrating a wonderful success rate. Parental participation is increasing weekly. After fmal evaluation of the program at each school, the Yakima Schools Foundation will use this information to find new funding as needed. The Yakima School District will also continue to participate in the success of students and their families. Together we can and will increase literacy rates in our community. I.) REQUIRED ADMINISTRATIVE INFORMATION See Attached Thank you for your consideration of our request. Please call me with any questions you may have. The Yakima Schools Foundation is a non-profit 501 (c) (3) organization E-mail: pdion@yakima-wa.com MAILING ADDRESS' P.O. Box 1173 Yakima, WA 98907 OFFICE LOCATION: 1210 5. 1st St., Suite 203 A, Yakima Website; www ysf.locality.com PHONE:(509)457-0898 FAX: (509)457-0896 BUDGET SALARIES: TEACHERS — 2 teachers - 5 hours per week x 30 weeks Duties: Coordination, Evaluation and data input ADMINISTRATION — One person to oversee all activities BOOKS AND MATERIALS: "Food for Thought Book Baskets" Provided to each participating family — containing age appropriate books and materials $12,000 $ 1,300 $ 4,000 TRANSPORTATION: Use district school busses and hire trained drivers $ 3,000 FOOD: Serve food to all participants Request donations from local business $ 1,000 TOTAL $21,300 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: y4 i‹/i7?A �c Hooc,s �v,v,p q 7-7o.J PROJECT: Ifi*2.0/vT /&vOG Ve-,7 '7s,✓ j Pram c'7— Expense 7 - Expense Categories CDBG Funds State, Federal Applicant Share Total or Private Funds (Cash/In-Kind) Personnel 27 / 3, 3 .%:. .1 /3 3 00 Fringe Benefits Travel A 3,42)d 22'A ..3,D.0 Equipment Supplies ©pp e2 45 A y DDD Contractual Other (Specify) F 'I2 At Dod`2- # i,oed 1. 2. Total 40 a 41...c,DDD - A/43Dj}% 42-5 a//300 RESOLUTION NO. R-2001-1-04 A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the remaining approved community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 Federal Community Service Block Grant (CDBG) funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the Community Development Block Grant (CDBG) program, and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize and approve a total of $125,000 for grant requests from community service agencies, and WHEREAS, the Council acting on recommendation of the Neighborhood Development Council sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $125,000 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: • Execution 9f formal grant agreements between the City of Yakima and each agency 2. A contract between the City of Yakima and Best Self dated July 3, 2001 is hereby ratified, and 3. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2001. ATTEST: Lac-. kid—C,4/6../e--e-, 44.774/6 City Clerk e ary Place, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1 Contracting Organization: RSVP (Retired and Senior Volunteer Program) of Yakima Co. (hereinafter "Contractor") 2. Address: P.O. Box 22520 Yakima, WA 98907-2520 3 Phone: (509) 574-6858 4 Contact Person Debra Wilson 5. Title of Service or Program being Funded: "Target Area Recruiting Team" 6. Amount of Contract Award: $10,000 (CDBG) 7 The term of this C ntract shall commence upon execution hereof and shall terminate at midnight ci 3 0 o Z unless sooner terminated by either party in accordance with Section XXII of incorporate Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following: 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference, and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.2001-104, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. 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. W. am Cook. ED Dir R.A. Zais, Jr , ity Manager J !� /T /Vv�- Contractor Title. f< \r ( - ATTEST. City Clerk 7eldif at /,5-1 j Da e ©/ v/ Date CIT" Ct. T ACT Npi• �c � - 4' 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 $ 10,000 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 OMB Circular A — 87 "eligible costs" 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 sub -object categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) 2 08/02/01 of an approved budget sub -object 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 paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS 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 may be negotiated if they are to be included in future Contracts. Assets purchased with CDBG funds shall continue to be used in accordance with its original purpose as provided in 24 CFR § 570.503 (b)(8). 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 its inspection and certification responsibility under the regulations including but not limited to 24 CFR § 570.608. 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). 3 08/02/01 4 Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70 92 RCW. 5. Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq., and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and § 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 (24 CFR § 146) 13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1). 14. Housing Quality Standards (24 CFR § 882.109). 15. WBE/MBE (24 CFR § 85 36 (e) 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare 4 08/02/01 an Environmental Impact Statement. B SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation, and programs for training including apprenticeships. The 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, or age 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. 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. 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 5 08/02/01 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law XIV ASSIGNMENT AND/OR SUBCONTRACTING 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 All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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 6 08/02/01 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 settlement of 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: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the 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. Any nonexpendable 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. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 7 08/02/01 9. 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 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 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 8 08/02/01 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. 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 or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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. In accordance with 24 CFR § 85.43 and 44. 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 9 08/02/01 In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the 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. 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 10 08/02/01 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 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 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. 2001-104 (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. XXVII 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. XXVIII VENUE 11 08/02/01 The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXI PROGRAM INCOME Program income, if any, shall be retained by the contractor. Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST In accordance with 24 CFR § 570.611, 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 exercise 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. 12 08/02/01 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 08/02/01 PROJECT ABSTRACT RSVP Program RSVP, Retired and Senior Volunteer Program was established in 1973 as a direct result of the White House Conference on Aging. That year 11 RSVP programs were established. Currently there are over 800 projects operating in all 50 states. The goal of RSVP is to place seniors 55 years of age and over in volunteers positions in non -profits, government agencies, and schools all over the country. RSVP of Yakima County is sponsored by Yakima Valley Community College (YVCC). This relationship was established over 2 'A years ago, when RSVP was in need of a new home. The college has proven itself to be a solid and reliable sponsor providing quality supervisory and fiscal support. RSVP of Yakima County serves thousands of people throughout the county, from tutoring and helping in the classroom to working with the frail elderly. RSVP works closely with Washington Reading Corps to recruit and train volunteers for the classroom. RSVP also has excellent relationships with many schools up and down the valley who contact us directly to assist them in their search for volunteers, as well as local AmeriCorps VISTA volunteers. RSVP volunteers also work in both local hospitals, a multitude of nursing homes, respite care centers and congregate meal sites as well as working closely with the Meals on Wheels Program. In addition RSVP has two other programs, Project Warm -Up and SHIBA. Project Warm -Up is co-sponsored by Pacific Power who gives us money to buy yarn each year, then our volunteers knit and crochet all year long to create scarves, mittens and hats for us to distribute to schools and social service agencies all over the county. We distributed over 5,000 items last year. The other progam we are very proud of is the SHIBA (Statewide Health Insurance Benefits Advisors) Program. Through this program volunteers are trained by the Insurance Commissioners Office to assist individuals to answer questions about insurance coverage, Medicare, Medicaid, Long Term Care and Managed Care plans, employer benefit plans, fraud and abuse, as well as consumer and medical billing issues. Last year RSVP of Yakima County had over 600 active volunteers that logged over 118,700 hours. The RSVP staff consists of 2.5 staff members, one director, one volunteer coordinator, and a half-time secretary, as well as five office volunteers. Our budget last year was $136,564, and the proposed 2001-02 budget is $142,934. STATEMENT OF THE PROBLEM As members of the Corporation for National Service family (CNS funds RSVP, Foster Grandparent and Senior Companion Programs) we are keenly aware of the need for tutors and mentors for today's youth. RSVP programs across the country are committed to assisting in any way they can to help make America's Promise a reality. RSVP of Yakima County would also like to focus more attention on this growing need. Currently, RSVP has over 45 stations listed in the East of 16th target area, and additionally there are over 90 volunteers registered from that section of town. We would like to be able to spend more time focusing on activating more volunteers from that area to assist in the local schools, providing "Caring Adults" for America's Promise. There are 8 schools in the target area and while we already have agreements with 5 of them, there is much that remains to be accomplished. All the schools are in need of assistance with tutoring and mentoring to achieve their goals. We would very much like to be part of the solution for this underserved area of the City of Yakima. According to the 1999 Kids Count Data Book, 37% of the 4h graders in the State of Washington scored below their basic reading level. The national average is 39%. By the time they are 8th graders, this percentage has dropped to 23%, while the national average is 28%. No matter which way you read these numbers, the implications are appaling. More than 1/3 of our 4th graders cannot read at grade level, and by the time they are in the 8th grade, there are still I/4 who cannot read at grade level. This a catastrophy that needs immediate attention. Why are tutoring programs needed?* 1. Four out of 10 children in kindergarten through grade three are at -risk in terms of literacy development. Forty percent of the nation's fourth graders scored below the basic level on the 1994 National Assessment of Educational Progress. 2. The majority of children who are at -risk respond to tutoring and other interventions. 3. While fewer than one out of four children with reading difficulties have learning disabilities, 80% of the children who are disgnosed with learning disabilities have a disability that affects their reading skills. 4. Interventions typically do not take place before age 9 or 10, after a child has experienced at least two years of failure in reading. By this age the stage is set for failure and it is extremely difficult for children to recover lost ground. * On the Road to Reading Aguide for Community Partners, Corporation for National Service. Prepared by The Early Childhood Technical Assistance Center, Vienna, VA. PROGRAM GOALS AND OBJECTIVES It is already a goal of RSVP to increase participation in the schools on a county -wide, however this grant would allow us to focus on one particular area in the city of Yakima, with the goals of increasing participation of the seniors in the area in a specific activity in that area — the best of all possible combinations! Our goal is to increase tutor participation in each of the 8 schools in the target area. We will assume an average of 10 tutors per school, for a total of 80 tutors. We will also assume an average of 5 hours per week per tutor, for a total of 12,800 tutor hours. Currently, our Volunteer Coordinator spends most of her time working with current and potential stations, and recruiting new, as well as maintaining relations with current volunteers. There is not much time to spend on a particular focus area. However, it would be possible if we were to recruit a special Target Area Recruiting Team. This team would be comprised of three volunteers. A Team Leader, and two Volunteer Recruiters. The Team Leader would be responsible for establishing a positive working relationship with the schools, or in the case of the schools we are already working with, maintainting or improving the current working relationship. The Team Leader would also work with and coordinate efforts with the Volunteer Recruiters. These recruiters would be responsible for recruiting efforts for volunteers to work in the schools. This team would be trained by the RSVP Director and the Volunteer Coordinator, and would be supervised by the RSVP Volunteer Coordinator who would be responsible for supervising their school and tutor recruiting activities. She in turn is directly supervised by the RSVP Director, who would monitor the progress of this activity monthly, based on the Volunteer Coordinator's Monthly Activity Report. Clearly stated, the goal here would be to increase the participation of seniors from the target area, at schools in the target area, thereby providing caring adults to establish ongoing relationships as tutors for children with reading challenges. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: RSVP OF YAKIMA COUNTY (Retired and Senior Volunteer Program) PROJECT: RSVP - Target Area Recruiting Team Expense Categories CDBG Funds State, Federal or Private funds Applicant Share (Cash/In- Kind) Total Personnel 10,000 61,342 71,342 Fringe Benefits 24,366 24,366 Travel 3,039 3,039 Equipment 500 500 Supplies 1,200 1,200 Contractual 388 388 Communications/Printing 3,244 3,244 Space Rental 7,000 7,000 Memberships 500 500 Indirect 9,447 9,447 Volunteer Costs 21,908 21,908 Total $10,000 $132,934 $142,934 BUDGET NARRIATIVE $71,343 Salaries Total $35,112 - Director - 100% $27,600 - Volunteer Coordinator - 100% $8,631 - Secretary - 50% $71,343 - total $24,366 Fringe Benefits Total 35% of Directors salary - $35,112 x 35% = $12,289 35% of Vol. Coord salary - $27,600 x 35% = $9,660 28% of Secretary salary - $8,631 x 28% _ $2417 total $24,366 YVCC calculates benefits for full-time administrative and faculty positions at 35% to include OASI, retirement, medical aid, industrial insurance, and health insurance. Part-time work is calculated at 28% and includes OASI, medical aid, and industrial insurance. Note: in compliance with YVCC hiring practices, and due to budget restrictions, the clerical support person will be employed at no more than 69 hours per month. $900 Local Travel Total 2700 miles @ .345/mile (current state rate, 225 miles per month.) $2139 Long Distance Travel Total Director to Regional Conference Las Vegas or San Diego. Airfare - $400 + per diem, lodging & misc., 3.5 days $654 = $1054 One State meeting for Director & Vol. Coord $320 + $250 = $570 One State meeting in Olympia for Director only = $415 One additional training opportunity for some staff member $100 $500 Equipment Total Purchase of office equipment — typewriter or laminator $1200 Supplies Total Office supplies $100 per month for 12 months $388 Contractual Services Total Office copy machine contract and maintenance $ 2084 - Communications — $350 telephone $29.17 per month $1530 Postage -1500 newsletters, 3x a year = 4500 pieces x .34 $204 postage — 50 regular pieces per month x .34 $1160 — Printing $100 - 2000 copies per year @ .05 $700 — campus printing cost for letterhead, business cards, etc. $360 — printing newsletter — 3x per year, 1500 copies @ .08 each $7000 — Space $2000/office/year — space cost & janitorial for 3.5 offices in the Student Residence Center. Each office is approximately 14'x12' = 168 sq.ft. = 588 sq ft. $500 — Other allowable support Memberships in affiliated organizations — DOVIA $20, WSRSVPD - $405, NARSVP $75 Section 2. VOLUNTEER EXPENSES Meals: $1000 — allowing $1 meal reimbursement to volunteers who work 4 or more consecutive hours, average $83 per month. Insurance: $1508 — $420 — 336 volunteers x $1.25 accident insurance $285.60 — 336 volunteers x $0.85 personal liability $802.50 — 214 volunteers x $3.75/volunteer who drives per month Recognition event: $5000 — 450 volunteers @ $11 each Volunteer travel - $14,400 — average of 5,715 per month @ $0.21/mile to be paid quarterly METHODOLOGY Our first task will be to recruit the three volunteers whose job it will be to recruit volunteers for the schools as well as help us maintain relationships with the schools. The volunteers we will be looking for will have to be special people, since they will all have leadership roles in this project. It will be imperiative for these three to be highly motivated seniors who wish to devote a great deal of time to this special effort. They will be recruited from the target area. Our recruiting includes, but is not limited to adds in the Yakima Herald -Republic, the Senior Times, the LifeTimes magazine, the Senior Center, local access cable TV, as well as flyers in local stores, and announcements in church bulletins. After these three are recruited, the RSVP Director and the Volunteer Coordinator will spend several weeks providng them with information and training to help ready them for the special recruiting they will be doing. Special effort will be put forth to recruit at least one bi-lingual in this group. After the Director and the Vol. Coord. are satisfied that this special group is ready, they will be asked to start the recruiting process. They will work both from their homes, as well as from the RSVP Office, which will provide any support they might need. They will be asked to meet with the Vol. Coord. once each week, and turn in records of the contacts they have made, as well as the responses they receive Any "affirmatives" will be enrolled as RSVP volunteers and placed at the appropirate school. Any "maybe's" will be placed in a check back in two weeks file. We will then check back with them to see if they would like to make a commitment, or if they have decided not to participate. Their recruiting efforts will include the resources listed above, as well as the RSVP Data Base inactive file, and personal phone calling. Each week a list of contacts, placements and referals as well as refusals will be turned in to the Volunteer Coordinator, who will turn in a monthly report to the Director so we can track not only how many people have been contacted, but how many have accepted the challenge We will also flag any volunteers in the RSVP Data Base that are recruited from this effort and track their hours so we can report back the actual number of hours these volunteers are providng their local schools. EVALUATION RSVP is already in the middle of an evaluation plan for United Way which will help us measure both the satisfaction of the volunteer with their placement, as well as the satisfaction of the stations with the volunteers they have in their facilities. It will not take much tweaking to pull out the evaluations from the target area and provide a specific evaluation for the Office of Neighbrohood Development Services regarding volunteer and school satisfaction. These evaluation forms are in the development stages, and not appropriate to include in this proposal, however, the process is well under way. The current plan calls for the participation of staff members, board members, volunteers and station representatives to collaborate in the final design of the evaluation form(s) an data collection. We hope to have the evaluation forms finalized within the next year. COMMUNITY INVOLVEMENT By its very nature, RSVP is already well involved in the community. Partnerships with many local agencies are already in place. RSVP collaborates with over 100 stations all around Yakima County, and there are over 600 active volunteers in the county. RSVP is also governed by an Advisory Board of 18 community members who are actively involved in RSVP's mission and vision. This board was very supportive of this special request, as they are of any activity designed to achieve the RSVP goal of providing meaningful volunteer placements for people 55 and over. As mentioned above, regarding the evaluation, the current plan calls for the participation of staff members, board members, volunteers and station representatives to collaborate in the final design of the evaluation form(s) an data collection Allowing RSVP to be in a position where we can fully concentrate on a specific geographic area, for a specific volunteer opportunity will be nothing but a win-win situation for everyone involved. SUSTAINABILITY RSVP is a continuing project. We have been in the community for over 25 years. The program has a track record of successful volunteer recruiting and retention. Should this Target Area Recruiting Team be put into effect, its format will allow it to be continued into additional years. RESOLUTION NO. R-2001-104 A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the remaining approved community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 Federal Community Service Block Grant (CDBG) funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the Community Development Block Grant (CDBG) program, and WHEREAS, the City Council has deteilliined that it is in the best interest of the City to authorize and approve a total of $125,000 for grant requests from community service agencies, and WHEREAS, the Council acting on recommendation of the Neighborhood Development Council sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $125,000 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: • Execution of formal grant agreements between the City of Yakima and each agency 2. A contract between the City of Yakima and Best Self dated July 3, 2001 is hereby ratified, and 3. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2001. ATTEST: %%_ri/06- City Clerk 6 ary Place, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Yakima Public Schools -Davis High School FBLA (hereinafter "Contractor") 2. Address: 104 N. 4th Ave. Yakima, WA 98902 3. Phone. (509) 573-7000 4 Contact Person: Tom Robinson 5. Title of Service or Program being Funded: "Better Kids Better Jobs" 6. Amount of Contract Award. $10,000 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 9 /l2 /0 2 , unless sooner terminated by either party in accordance with Section XXII of incorporated Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference 3) City of Yakima Resolution No.2001-104, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. 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 p-rties have executed this Contract as of the day and year indicated below. Title CITY COHTRAGT tiO• 4-97 f?t:.^,O.IJT ON P$3: ivzst eel9fey 2 ATTEST: City Clerk C1� / -49 9/ DL7/61 to Date 0,0/ 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 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 $ 10.000 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 OMB Circular A — 87 "eligible costs" 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 sub -object categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) 2 08/02/01 of an approved budget sub -object 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 paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS 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 may be negotiated if they are to be included in future Contracts. Assets purchased with CDBG funds shall continue to be used in accordance with its original purpose as provided in 24 CFR § 570.503 (b)(8). 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 its inspection and certification responsibility under the regulations including but not limited to 24 CFR § 570.608. 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). 3 08/02/01 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5 Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and § 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 (24 CFR § 146). 13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1). 14. Housing Quality Standards (24 CFR § 882.109). 15. WBE/MBE (24 CFR § 85.36 (e) 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare 4 08/02/01 an Environmental Impact Statement. B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation, and programs for training including apprenticeships. The 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, or age. 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. 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. 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 5 08/02/01 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law XIV ASSIGNMENT AND/OR SUBCONTRACTING 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. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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 6 08/02/01 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 settlement of 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. 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5 If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the 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. Any nonexpendable 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. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 7 08/02/01 9. 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 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 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 8 08/02/01 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. 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 or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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. In accordance with 24 CFR § 85.43 and 44 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 9 08/02/01 In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the 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. 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 10 08/02/01 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 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 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. 2001-104 (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. XXVII 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 XXVIII VENUE 11 08/02/01 The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXI PROGRAM INCOME Program income, if any, shall be retained by the contractor. Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST In accordance with 24 CFR § 570.611, 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 exercise 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. 12 08/02/01 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 08/02/01 Good Kid's Better Jobs (Program Components) Youth Activity or Mentoring Programs Employment and Training Program Entrepreneurial Development Educational Program for all ages Requested amount: $10,000.00 Submitted by A/C/ Davis High School students Yoshikovasha Segura, 11 to grade J'amiconikoshia Segura, 10th grade Program Goal: Students from Davis High School (DHS) who have the potential and desire to be tomorrow's leaders in business would be provided with assistance to engage in entrepreneurial enterprises. These students would be provided with educational expertise, business Ieadership skills and a support network directly linked to their community. The DHS Future Business Leaders of America chapter will serve as a catalyst to stimulate the imagination of it's members to create, design, initiate, and manage viable student led enterprises in the areas of technology, education, service, or product based ideas. The project will be divided into two equal phases: Phase 1. Interested students from the general Davis student body will take part in "A hands on approach to the fundamentals of business" and Phase 2. "Application and Action Plan. for a business proposal" Interested individuals will apply for assistance from the review board, which will consist of five members that will review the application. Viable, reasonable, and well thought out applications will receive funding to put the enterprise into action. Qualified applicants will receive a pre -evaluation assessment as to the areas that will need additional "tweaking" to produce a stronger business plan proposal. The strongest and best business plans will be put into action by the submitting applicant and will receive advise, guidance, funding, and support from the "core" team of advisors. Program Support: The project will seek assistance and support from the following organizations: Davis High School, Nighthawk Educational Foundation, Yakima School District, Yakima Chamber of Commerce, Society of Retired Executives, Yakima Senior Center, Bill and Melinda Gates Foundation, Small Business Administration -Yakima Valley Community Campus, Yakima Economic Development Association, Yakima Rotary, Yakima School Foundation, and all interested community organizations. This assistance will be solicited in the form of donations, contributions, mentors, advisors, in kind goods, services, and any other reasonable form of exchange. Assessment of Need/Problem Statement: Data collected from several reliable sources (The Yakima Herald Republic, Department of Labor, Chamber of Commerce, Department of Revenue) point to the fact that the City of Yakima, the county, and surrounding areas are in crucial need of new vitality in the economy. These changes will either come from outside of the community or be "home grown" enterprises that will meet the needs of local consumers. Several sections of the business sector have shown remarkable growth, more specifically technology and the private service sector. Technology includes a vast array of services or products. These include, but are not limited to communications, information, software, hardware, services, and other such goods and products. The advent of the Internet has spawned a vast network of new businesses, which were not even dreamed of a century ago. Web Design, is one example. Using a computer, some software, and a few business principals, a viable business entity can be created and run out of a small home-based office. Phenomenal income in contrast to low overhead makes this a great opportunity for entrepreneurs. The private service sector also has grown greatly in the past ten years in the United States. The advent of the mini van, cellular phones, fax machines, and beepers has increased the opportunity for entrepreneurs to devise individualized and original products that cater to specific niches of society. The diversity of our culture, different socio- economic strata. and the burdens of modern society, have increased special niche selling. Yakima is currently on the cusp of transition, from a traditional retail business orientated economy to a more special niche orientation. The high costs associated with more traditional based businesses thwart most efforts by small entrepreneurs to enter into business. Given the average socio-economic background of Yakima Valley residents and their children, it is highly improbable that few if any Yakima area residents will start a new business without the assistance of some special interest group. The odds of a young adult being given the opportunity to investigate a "new or creative" idea in business in Yakima are almost nonexistent. Given the statistic, which almost half of all businesses fail within the first three years, most people will not invest or even consider the idea. Yet the future of Yakima and its economy rests on the shoulders of young entrepreneurs and their ability to succeed and create viable enterprises. Designing a program that will teach the fundamental principals of business to youth, while offering them hands on experience, would make good sense and give Yakima area residents a brighter hope. Area youth would exhibit more civic pride in themselves and their community. The network. the mentorship programs, the return to the community could all bolster the vitality of economy. Current trends in population growth and movement (Census 2000) have shown that most young people are drawn to larger communities that offer a larger array of amenities for their residents. Yakima County must remain progressive and in tune with the needs of it's younger population or it will dramatically suffer in the near future, as they escape to the confines of the bigger cities Program Goals and Objectives: Goal 1. To create hands on environment for young entrepreneurs at Davis High School, which will teach the fundamentals principals of business (product or service, marketing, cost analysis, consumer targeting, funding, product lifecycles, market trends, business plans, etc.). Goal 2. To design a process that will offer young entrepreneurs the opportunity to create, design, and fund a viable business proposal and enterprise. Using the fundamental principals of the Future Business Leaders of America's as a foundation. Our project would use the grant funds to realistically allow students to engage in business ventures. With the support of DHS business teaching staff, community volunteers, government employees, interested individuals, mentors, and support organizations a constructive formula can be devised. The project supports the following promises as outlined in "The Alliance for Youth" Promise One, Ongoing relationships with caring adults -parents, mentors, tutors, or coaches. The Yakima School District strongly believes that children, young adults, and adults must construct cohesive relationships that add to the strength of the community. To provide this support, the YSD offers the opportunity for individuals from all ages to engage in productive activities that promote growth, understanding, leadership, and positive role modeling. Promise Two, Safe places with structured activities during non -school hours. Davis offers numerous opportunities for young adults to engage in extra-curicullar activities designed for recreation, music appreciation, fitness, education, community involvement, etc. These activities are held in the morning, noon, and in the evening, on campus or at other designated locations. The district works with professional organizations to make them safe, accessible, and at affordable prices. Promise Three, Healthy start and future. As a public school, Davis is committed to offering it's students educational programs that promote positive decision making in regards to substance abuse, the dangers of high-risk behavior, and the students future goals for themselves and their community. Promise Four, Marketable skills through effective education. Davis offers a wide variety of programs that help build students skills and abilities through education, training, exposure to experts, dialogue, etc. The programs are offered through a wide variety of teaching techniques and can be accessed by a wide variety of students from different socio-economic backgrounds, language usage, etc. Promise Five, Opportunity to give back to the community through service. The Yakima School District strongly believes that young people are our future and that their contributions to society are highly valuable, important, and should be treated as such. Ample opportunities currently exist to students to offer their input and action on projects designed to help the community. Our project would simply allow students to better understand the relationship between their input and their future within the community. Or more simply put "No one (man) is an island". Methodology: To ensure success of the project, "The Good Kid's -Bet -ter Jobs" business incubator idea will build on the foundation laid out by previous national community endeavors to help youth succeed. Since the project is based on principals envisioned by the national FBLA Organization, of which DHS is a member of, only a small percentage of the programs overall "internal mechanism" will have to be fine-tuned. The projects basic structure has been in place for quite some time under the direction of DHS staff, most notably Mr. Tom Robbinson. Davis High School has a diverse student body and approximately 1,500 students attend school regularly in any given year. The campus, part of the larger Yakima School District #7 (YSD #7), is located in the heart of the city and can be accessed quite easily. Davis houses students in grades ninth through twelve and also is part of the educational program which helps support "Running Start". This program allows high school students to attend college classes on a limited and selective basis. The campus is also used to house and promote workshops, trainings, sport programs, theater, concerts, and other related events. The campus is also accessible to the handicapped and disabled. Davis has a wide assortment of educational programs which teach basic educational classes, as well as specialized programs that cater to the needs of more specialized populations. DHS is a public school organization that receives funding from state and federal sources. In addition it has applied and received assistance from private individuals and foundations. The most current of these, is the Bill and Melinda Gates Foundation Scholarship award. This grant allows DHS students to pursue educational programs after graduation at four-year institutions. One of the components of this grant is a mentorship strand, which will allow selected students to develop relationships with concerned adults in their selected fields of study. We hope to optimize this opportunity by engaging both our students as well as our adult community in this process. We believe that the "Good Kid's -Better Jobs" project can help address this opportunity. Davis also currently uses members of our community to address both positive and negative aspects of young lives. Whether this is through contact as mentors or disciplinarians, adult members of our community regularly impact the lives of our students. It is our belief and hope that the "Good Kid's -Better Jobs" will impact these individuals on a more positive and constructive manner. We believe that our project will allow students to understand the benefits of education. the need for a community, the opportunity to give back, the power of constructive decision-making, and the joys of success. DHS 's central location would also make it realistically feasible to organize luncheons, banquets, or early morning training sessions. Its proximity to several local area restaurants and deli's, as well as it's own kitchen facilities, makes it an ideal spot to host catered conferences or "spotlight" events to showcase student projects. Annual open houses, parent meetings, community events, trainings, or any other such large group gathering, can be tapped to bring awareness to the project's highlights. Evaluation: "The Good Kid's -Better Jobs" project will consist of several individual yet interrelated components that will work cohesively towards one common outcome, which is to make Yakima a nicer place to live. The individualized components of our project are: 1. The students and their success 2. The Advisors to the program 3. Effectiveness of the project overall 4. Viability and ability to be replicated the following year Evaluation, of this project will be based on several pre and post evaluation tools designed to collect and sort vital information crucial to the projects success. A panel of evaluators will meet quarterly to bring the project up to speed. Evaluation of both positive and negative factors, as well as resources and deficiencies, will be taken into consideration to optimize success of the project. The current FBLA advisory component can be integrated and adjusted to meet the needs of the task at hand. (However, we feel that an individualized process must be developed in the near future to address the "creative spirit" of the student entrepreneur). Once more formally establish a "sounding board" of volunteers, preferably a teacher advisor, a community member, and several students will provide the leadership necessary to guide this project along. Our current plan is to utilize the DHS club or committee framework until a more permanent structure can be put into place. Availability of adult mentors and volunteers will determine some of the programs initial capacity to undertake certain aspects of the project. However, we believe that current "DHS framework" exists and can allow for these components to work effectively. However, the success of the project cannot be measured solely on the merits of dollars and cents. But it is our intent to create and design a process that will be self-sustaining once the initial funds are exhausted and spent. It our hope that internal devises can be put into place to secure the continuation of this project in years to follow. Tapping local resources we hope to implement strategies that will provide us with the funds to develop a secure financial base for the support of our project. (The future of the project would be closely related to tasks undertaken by the DHS FBLA club, but would be an augmentation to the program rather than a substitute for that current club. Interested students would have to should the success of the project through formal means. These could include, but are not limited to: fund drives, student membership drives, conference fees, sale of products and services, donations, in kind gifts, grant writing, and other such means of securing finances. Non-interest loans will be made to students in the final stage of the project. These loans will range in size from two hundred and fifty dollars ($250.00) to one thousand dollars ($1,000.00) to assist in making their enterprise feasible. Students will be required to contribute volunteer time to the community in exchange for these funds. Successful business candidates will be asked to repay the funds to a general-purpose account for the use by other students. Unsuccessful candidates may volunteer to pay back the funds on a "community service contract", payable at a per case basis. No student will be denied access to the funds based on a socio-economic status. All students will be required to fulfill a pre -agreed upon service contract that will outline the fundamental principals of the project. Evaluation will be ongoing and conducive to the success of the project. Community Involvement We believe that the community of Yakima is currently unofficially involved in the direct success of DHS's "Good Kids -Better Jobs" project. As stated earlier in our proposal we believe that many of the components of our project lay dormant in our community. It is our hope and aspiration that the funds we request to implement this project, will serve as the common thread to bring this opportunity to center -stage. We have spoken to the Yakima Rotary, as an example, and know they are directly concerned with the future of youth in our valley. Sea -first Bank also has implemented a job path program for youth. The Yakima Police Department has it's "Explorer's Unit" which offers youth a glimpse into police life. And there are numerous other organizations, individuals, both public and private, that are helping young people. We applaud their commitment and hope to work with them in the near future as well. However, we believe that what makes this project unique is the effort by young people to help themselves and to give back to the community on their own terms. We strongly believe that we can help the city of Yakima and it's residents lead more productive and enriched lives by sharing our dreams, imaginations, and aspirations. As we mentioned before, the cost of this project cannot be measured solely on the bases of dollars and cents. You must look beyond the current horizon and envision a new horizon, a new future, our future. You must also take a footstep back into your own past and remember some of the "foolish dreams" that became someone else's reality. You must recall the times that "old guys" wrote you off as just "another crazy kid" with their head in the clouds. And finally, you must ask yourself, "What If I had a dollar, for every time some crazy kid had a dream" Thank you for exploring this possibility Yoshi and J'amico Phase 1 FBLA Good Kid's Better Program Budget Item Cost Business Plan Manuals/books 100.00 Student Leadership Training Materials 200.00 (Texts and Camp Cispus Team building fees) Leadership Conferences (est. 15 students @ 300/student) 4500.00 Guest Speakers/workshops/mentors for Business Planning 100.00 CD Rom & Business Decision Making Video 100.00 Subtotal $5000.00 Many of our Davis High School students come from low-income families and need assistance to attend FBLA regional and state conferences. These conferences allow students to learn (workshops) business practices and develop and compete with other students in numerous business subjects including Written Business Plans. Conference registration, hotels, food and transportation costs averages out to about $300 per student. Each year we would attempt to provide assistance to approximately 15 students in attending these conferences These conferences can help the student network with business professionals and establish mentors for there personal business plans. In addition to attending these conferences, students would be provided with guest speakers, workshops conducted by business professionals from the Yakima area. The FBLA advisor would invite professionals to work with the students and materials such as paper, notebooks, resource guides would be needed for these workshops and the presenters. Additional leadership skill development would be provided thru leadership training at facilities such as Camp Cispus. Assistance to attend the camp for the low- income students would be provided thru the use of the Phase I funds. Additional resources such as Texts/CD's and videos would be used and the funds would help FBLA organization at Davis purchase these items. Items would include but are not limited to the following items from the FBLA Market Place 2001 catalog competitive events resource list The Successful Business Plan- Secrets & Strategies by Ronda M Abrams, Start your Business successful planning guide for beginners, Effective Leadership by Chris Roebuck, Business Etiquette by Ann Marie Sabath. Phase II Student Loans: 10 students @ $500 (loans to Davis students for business start up expenses.) Please see RFP for further explanation. Subtotal 55000.00 Total $10,000.00 RESOLUTION NO. R-2001--104 A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the remaining approved community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 Federal Community Service Block Grant (CDBG) funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the Community Development Block Grant (CDBG) program, and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize and approve a total of $125,000 for grant requests from community service agencies, and WHEREAS, the Council acting on recommendation of the Neighborhood Development Council sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $125,000 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: Execution of formal grant agreements between the City of Yakima and each agency 2. A contract between the City of Yakima and Best Self dated July 3, 2001 is hereby ratified, and 3. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2001. ATTEST: z ./ e City Clerk 6 ary Place, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Greater Yakima Chamber of Commerce (hereinafter "Contractor") 2. Address: P.O. Box 1490 Yakima, WA 98907 3. Phone: (509) 248-2021 4. Contact Person: Cindy Desgrosellier 5. Title of Service or Program being Funded: "Teacher/Business Exchange" 6. Amount of Contract Award: $5,000 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight /2/31/0/ , unless sooner terminated by either party in accordance with Section XXII of incorporat Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following. 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.2001-104, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. 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 R.A. Zais, Jr., ity Manager • 8/Blot' D to Conirac Title: ,f-6(te4,1 42) ATTEST: City Clerk CITY CONTRACT N0: (2119e/ ,,"///NG 8N0/ 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 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 $5,000 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 OMB Circular A — 87 "eligible costs" 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 sub -object categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) 2 08/02/01 of an approved budget sub -object 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 paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS 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 may be negotiated if they are to be included in future Contracts. Assets purchased with CDBG funds shall continue to be used in accordance with its original purpose as provided in 24 CFR § 570.503 (b)(8). 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 its inspection and certification responsibility under the regulations including but not limited to 24 CFR § 570.608. 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). 3 08/02/01 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq , implementing regulations, and Chapter 70 92 RCW. 5. Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation) 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and § 570 11. Title VI of the Civil Rights Act of 1964 (P L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 (24 CFR § 146). 13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1). 14 Housing Quality Standards (24 CFR § 882.109). 15. WBE/MBE (24 CFR § 85 36 (e) 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare 4 08/02/01 an Environmental Impact Statement. B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The 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, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. 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. 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 5 08/02/01 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING 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. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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 6 08/02/01 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 settlement of 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: 1 Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5 If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable 6. Nonexpendable personal property purchased by the 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. Any nonexpendable 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. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 7 08/02/01 9 The Contractor shall be responsible for any Toss 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 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 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 8 08/02/01 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 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 or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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. In accordance with 24 CFR § 85.43 and 44 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 9 08/02/01 In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the 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. 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 10 08/02/01 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 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 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. 2001-104 (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. XXVII 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. XXVIII VENUE 11 08/02/01 The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision XXXI PROGRAM INCOME Program income, if any, shall be retained by the contractor. Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST In accordance with 24 CFR § 570.611, 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 exercise 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 12 08/02/01 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 08/02/01 GREATERYRKIMACHAMBER Fax:5092480601 Jun 29 2001 16:32 P.02 Teacher Business Exchange Program Budget Personnel $1,700.00 Fringe $130.05 Travel $0.00 Equipment $0.00 Supplies $169.95 Contractural Teacher Salaries $3,000.00 Total $5,000.00 l'i N1 U/Iu, Bok I49O • S'ww.%'akinla.org GREATER YAKIMA 10North Muth Street, lakunu MI 9<S91' I'D 509/2-11' 2021 • FAX. 509/248.060/ CHAMBER OF COMMERCE l:;1i iL./i)rei-0_)\aknnuori Ct/1/ 4P,, ID or 3 n Education Grant Proposal - Office of Neighborhood Develdp/`Services , A.) PROPOSAL SUMMARY/PROJECT ABSTRACT Washington State's Education Reform Act of 1993 established the goal of providing "opportunities for all students to become responsible citizens, to contribute to their own economic well being and to that of their families and communities." To further this goal, it is important for all students to understand the importance of quality work and how effort, performance and decisions directly affect life long learning. To accomplish this goal, educators have partnered themselves with the Greater Yakima Chamber of Commerce to create a bridge between our education system and employers. That bridge is the Business Education Partnership Program. The program is business driven and places nearly 1,300 students and teachers each year in job shadow, internship and educator opportunities. The partnership has grown from 150 business partners the first year in 1995 to over 700 partners this year participating in a variety of school -to -career programs. This program has given students the opportunity to employ classroom knowledge and skills in real life situations. Teachers involved in the program are better able to bring the world into the classroom, integrate academics with practical skills, and teach and assess a variety of skills and abilities. Our website located at www.businesseducation.org makes program information accessible to every teacher, student, community person and parent with internet access. Students and teachers may access the extensive listing of work -based learning opportunities and apply on line for the individual opportunities. The Business Education Partnership Program serves students and teachers throughout Yakima County. This will be our second year offering an extended Teacher/Business Exchange Program. Last year 43 teachers participated in the 80 -hour internship. During their internship, teachers gathered information from local businesses about the kinds of employees they hire and have seen how math, science, communications and other subjects are used in businesses. The teachers then wrote a unit with detailed lesson plans on what they had learned while on the work site. These lesson plans where taught in their classroom giving students the opportunity to see "real life applications" of academics linking what they are learning in school to life beyond the classroom. Funding for this program and other programs listed under the Business Education Partnership program come from the Tri -County Workforce Development Youth Council and our last state funded school -to -work grant. The Tri -County Workforce Development Youth Council provided funding for 17 lower and mid -valley teachers to participate in this year's program. School -to -work dollars are providing 32 internships for upper valley teachers. Because of the success of the program, we have a list of teachers waiting for placement. We are asking for additional funding dollars from you in the amount of $26,076.00 The Greater Yakima Chamber of Commerce was the first chamber in the state to implement a school -to - careers program. The program has received both state and national recognition confirming its importance to both education and business in our community. 1 B.) ASSESSMENT OF NEED/PROBLEM STATEMENT Yakima County encompasses an area of 4,187 square miles and represents a unique cross section of communities. Yakima is the largest city, with a population of 63,510; smaller farm communities range in population from 710 to 5,730. According to information from the State of Washington Office of Financial Management, the population of Yakima County in 1997 was approximately 208,700. As our county has continued to grow, so has our need for a trained workforce. According to Yakima County Development Association, the number of the employee workforce has risen 15-20% since 1990, from 90,000 employees to 110,000 employees this year. To insure we have a trained, competitive workforce for the future growth of our community, we must equip students with the skills to be able to qualify for high-skills, high-wage occupations. The job market will demand that all graduates have both advanced academic knowledge and workplace skills and training acquired through work-oriented education. Unemployment in the State of Washington is at 4.5%. Unemployment in Yakima County is currently at 10 - 12%. This is due in a large part to our agricultural related economy and the fact a large portion of our work is seasonal. Washington State has "pockets" where the economy is very depressed. Yakima County falls into one of those "pockets." This has been exacerbated with the depressed agricultural market. We are working hard to diversify the economy in our valley by bringing in more manufacturing and technology companies. Some success has been attained in this arena with the recent call center employing in excess of 400 employees. In some areas, employers have difficulty-finding employees. In our area, we have an available workforce but they do not have the skills necessary to be successfully employed. A skilled workforce is essential to our ability to compete, as employers, as a community and, with the expansion of the global marketplace,as a nation. We need to insure students graduating from our schools are prepared to be successful and productive members of our community. Every teacher has heard the question from students "When will I ever use this?" Teachers attending the summer program will come away with an armload of answers to those questions. The lesson plans created during the program help teachers connect the Washington State Learning Goals, academic learning and workplace experiences allowing them to enhance student learning. We need to expose as many teachers as possible to "real life" situations at local worksites. Many of the teachers participating in past programs have been isolated, surrounded by other educators with no exposure to actual worksites. One teacher participating in the program taught accounting for 20 years. She had the opportunity to spend time in an accounting firm and was pleased to discover that she was teaching good basics but had no idea computers played such a big part of the accounting field. This teacher has also utilized her business partner by invited him to visit and share information with her students. Because the units and lesson plans are posted on the website, they are accessible for download and use by all teachers in Yakima County and anywhere in the world. C. PROGRAM GOALS AND OBJECTIVES To help students understand the importance of quality work and how effort, performance and decisions directly affect lifelong learning. Teachers involved in the program will become more aware of the world of work and the knowledge, attitude and skills students need to be successful in the classroom and workplace. 2 OBJECTIVES: • To provide an opportunity for teachers to see how math, science, social studies, reading, writing and technical applications are used in business and how those applications connect with the state's new essential learning goals. • To enhance teacher understanding of the tasks workers are expected to perform in various types of business. • To identify skills which employees need for successful careers. • To help teachers and business people to get to know one another and better understand what each does professionally. • To establish ongoing communication between the business and education communities to integrate the findings of this exchange into relevant curriculum strategies that may be used with students to meet their changing needs. The internship will be a 56 -hour experience. The activities will help business and education to build partnerships that will affect student's long term by providing them with the tools they need to be successful. As teachers begin to understand what business requires from their employees, they will share information with their students allowing them to be better prepared for the world of work. Long term partnerships are built between business and education that will impact future curriculum, student learning and ultimately economic development for our community. America's Promise - The Alliance for Youth lists five promises. This program meets the fourth promise by providing students with marketable skills through effective education that will assure they are contributing members of our community. As more teachers are exposed to community worksites, they will be able to help students make the connection between academic learning and their future employment. D.) METHODOLOGY The Chamber staff will do the following: • Program planning and creation of program documents. • Distribution of information to schools. This will be done through district presentations and mailing. • Make the necessary contacts for the educator training on the software used to create the lesson plans and arrange a location for the training. • Apply for clock hours for the educators. • Arrange a location for business orientation and plan the presentation. The session will provide business hosts with an overview of education reform and tops for a successful program. • Arrange location for teacher orientation and the "Report Out" session. • Prepare press packets and make individual contacts with the press to tell them about the program. • Based on teacher application interest, begin business recruitment. • Business recruitment. This requires individualized visits to potential hosts to explain the program, their involvement and program expectations. 3 • Notify teachers of their placement and ask the teacher to call their business host to introduce themselves and discuss what they wish to gain from their experience. • Follow up with teachers and business hosts during their experience. Teachers will spend five eight-hour days at their business site. During worksite visits they will gather information about the workplace and specific skills students need to compete in the workforce. Hours will be from 8:00 a.m. to 5:00 p.m. unless otherwise specified. • Two staff days are spent working with the teachers, which includes the orientation, training, lesson plan creation and report out session. • Program evaluation and follow up. Final reports thank -you letters to business hosts, filing of documents. • Follow-up with posting information on the website. During the program, teachers are expected to: • Attend the training sessions. • Spend the required time at the business site. • Identify nine workplace skills and link them with the EALRs. • Write a unit with detailed lesson plans for publication on the Business Education Partnership Website and Shareware 105. • Implement lesson plans with the help of the business host and make a staff presentation. Program Dates: May 1, 2001: Application Deadline (to be extended as needed). May 30, 2001: Business Orientation Session to be held from 3:30 - 5:00 p.m., Chamber Mercy Leadership Center, 10 N. 9`h St., Yakima. This session will provide business people with an overview of educational reform and tips for successfully hosting teachers. June 1, 2001: Notification of placement. June 18, 2001: Teacher Orientation, 8:00 a.m. to 10:00 a.m., Greater Yakima Chamber of Commerce, 10 N. 9th St., Yakima. June 18-22, 2001: Business Site Visits. Teachers will spend 38 hours at their business partner's business. During their visit they will gather information about the workplace and specific skills students need to compete in the workplace. Hours will be from 8:00 a.m. - 5:00 p.m. unless otherwise specified. June 25, 2001: "Report Out" session for teachers and business partners. Location will be D. D. Eisenhower High School, 702 S. 40`h Ave., Yakima from 10:00 a.m. to 5:00 p.m. June 26, 2001: Teacher lesson plan creation, 8:00 a.m. to 5:00 p.m. at ESD 105 and D. D. Eisenhower High School. October 31, 2001: Deadline for implementation of lesson plans and staff presentations at schools. Business hosts are invited to "go back to school" in the teacher's classroom. Program evaluations are due at the Chamber. Program documents are included as an attachment to this proposal. 4 E.) EVALUATION: The program will be evaluated by the following methods: • Number of participants in the program • Effectiveness of written lesson plans • Comments from business and teachers during the "Report Out" Session • Participation evaluation (both teacher and business hosts.) • Final recommendations from the Business Education Partnership Committee F.) COMMUNITY INVOLVEMENT: Prior and during program development, input was sought from the education and business community. Our Business Education Partnership Committee was instrumental in program development. The committee is comprised of local representatives from business, education, government and public agencies. Business and government are actively involved in the program implementation as business hosts during the program. Both teachers and worksite hosts are part of the evaluation process. The program works in collaboration not only with local business, government and educators, but also with the Tri -County Workforce Development Council Youth Advisory Committee. G.) BUDGET: BUDGET NARRATIVE: Personnel: This covers staffing costs for the three staff persons assigned to this project. Recruitment and teacher placement is very time intensive in that it requires one-on-one recruitment with businesses. Teacher placement is based on teacher interest or request. We begin working on this project in February to complete the project by the end of June. Fringe Benefits: Covers taxes for staff. Travel: The travel included with the State, Federal or Private Funds includes travel to the lower and mid Yakima Valley for presentations and business recruitment. You will see there is no travel included in this budget. Equipment: Equipment usage is included as an in-kind contribution. Supplies: Supplies are included in the state, federal or private funds category. Any additional supplies used would be an in-kind contribution from the Chamber. Contractual: This category is only teacher salaries. The total amount listed will fund 59 teachers with 10 of that number being funded through this grant. The 10 teachers funded would be within the area authorized for service by the Office of Neighborhood Development Services. This is largest part of the budget. Because of union agreements, the chamber cannot pay teachers. The salaries are sub -contracted to the Yakima School District for payment. There is no additional charge from the Yakima School District for this service. 5 H.) LEVERAGING AND PARTNERSHIPS We will continue to look for funding from the business community, grant funders and public agencies. There will be no state and federal school -to -work dollars available for next year. Funding from the Workforce Development Council will most likely be available next year but also may sunset in the near future. We are working with the business community and education administrators to find ways to fund this program in the future. Business has shown interest in providing stipends for teachers and schools are looking at using personal days and inservice days to pay teachers. The program has such an important impact on the education community that we will continue to look for ways to fund the program in the future. 6 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: Greater Yakima Chamber of Commerce PROJECT: Teacher/Business Exchange Expense Categories CDBG Funds State, Federal Applicant Share Total or Private Funds (Cash/In-Kind) Personnel 8,000.00 33,470.00 41,470.00 Fringe Benefits 716.00 1,530.00 2,246.00 Travel -0- 300.00 150.00 450.00 Equipment -0- -0- 1,000.00 1,000.00 Supplies -0- 4,135.00 300.00 4,435.00 Contractual 17, 360.00 93, 371.95 110, 731.95 Other (Specify) 1. 2. Total $26,076.00 $132,806.95 $1,450.00 $160,322.95 RESOLUTION NO. R-2001-104 A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the remaining approved community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 Federal Community Service Block Grant (CDBG) funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the Community Development Block Grant (CDBG) program, and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize and approve a total of $125,000 for grant requests from community service agencies, and WHEREAS, the Council acting on recommendation of the Neighborhood Development Council sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $125,000 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: • Execution of formal grant agreements between the City of Yakima and each agency 2. A contract between the City of Yakima and Best Self dated July 3, 2001 is hereby ratified, and 3. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2001. ATTEST: ii r/1v6- City Clerk 6 ary Place, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: YWCA of Yakima (hereinafter "Contractor") 2. Address: 15 North Naches Ave Yakima, WA 98901 3. Phone: (509) 248-7796 4. Contact Person: Trudie Lakey 5. Title of Service or Program being Funded: "Girls Empowered by Math and Science (GEMS)" 6 Amount of Contract Award: $15,000 (CDBG) 7. The term of , this Contract shall commence upon execution hereof and shall terminate at midnight T9'Zo , unless sooner terminated by either party in accordance with Section XXII of incorporated Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following. 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.2001-104, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. 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 •arties have executed this Contract as of the day and year indicated below ATTEST: City Clerk OTT CONTRACT No: 8' 7 6'! ate Dare g/g/oi Da 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 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 $ 15.000 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 OMB Circular A — 87 "eligible costs" 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 sub -object categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) 2 08/02/01 of an approved budget sub -object 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 paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS 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 may be negotiated if they are to be included in future Contracts. Assets purchased with CDBG funds shall continue to be used in accordance with its original purpose as provided in 24 CFR § 570.503 (b)(8). 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 its inspection and certification responsibility under the regulations including but not limited to 24 CFR § 570.608. 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). 3 08/02/01 4 Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq , implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq ; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and § 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 (24 CFR § 146) 13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1). 14. Housing Quality Standards (24 CFR § 882.109). 15. WBE/MBE (24 CFR § 85.36 (e) 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare 4 08/02/01 an Environmental Impact Statement. B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The 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, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. 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 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 5 08/02/01 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law XIV ASSIGNMENT AND/OR SUBCONTRACTING 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. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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 6 08/02/01 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 settlement of 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: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3 A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition 5 If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable 6. Nonexpendable personal property purchased by the 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. Any nonexpendable 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. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 7 08/02/01 9 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 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 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 8 08/02/01 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. 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 or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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. In accordance with 24 CFR § 85.43 and 44. 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 9 08/02/01 In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the 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. 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 10 08/02/01 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 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 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. 2001-104 (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. XXVII 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. XXVIII VENUE 11 08/02/01 The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision XXXI PROGRAM INCOME Program income, if any, shall be retained by the contractor. Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST In accordance with 24 CFR § 570.611, 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 exercise 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. 12 08/02/01 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 08/02/01 Tr YWCA of Yakima CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: YWCA of Yakima PROJECT: GEMS Program 15 North Neches Avenue Yakima, Washington 98901 (509) 248-7796 Expense Categories CDBG Funds State, Federal or Private Funds Applicant Share (Cash/In-Kind) Total Personnel 9,518 0 0 9,518 Fringe Benefits 922 0 0 922 Travel 400 0 0 549 Equipment 0 0 1,500 1,500 Supplies 3,660 0 1,000 4,660 Contractual 500 0 500 Other (Specify) 0 0 0 0 1. Facility 0 0 5,000 5,000 2. 0 0 0 0 Total 15,000 0 7,647 22,647 A United Way Agency Budget Narrative A: Personnel: YWCA Project Coordinator -1/2 Time The Project Coordinator will spend 100% of her time working on the GEMS program. Her salary is set to correspond with the salaries of similar positions at the YWCA. She will be trained and experienced in facilitating interactive math/science workshops at the middle school level. B: Fringe Benefits: The Fringe Benefits of the Project Coordinator are computed at 9.69% of the salary and are as follows: 6.2% OASI (Social Security) .0064% Unemployment .1408% L&I 1.45% Medicare C: Travel: Central to expanding the horizons of girls in terms of considering and training for careers in non- traditional fields is the need to see for themselves how they can fit into such careers. This is accomplished through the use of field trips to destinations to private enterprises within a five -county radius. We have budgeted for 4 field trips a year at $100 each trip. D: Equipment: The YWCA has computer equipment and various scientific kits set aside for the GEMS program. We established the value based on replacement estimates. E: Supplies: There are some materials remaining from the GEMS program prior to its hiatus. We will be using those supplies first in order to make the most effective use of our funding. The remainder of our supply budget is broken down as follows: Printing (brochures and posters) $610 (This amount is based on estimates for 1,200 brochures and posters. Estimates were derived from past printing costs from similar projects) Consumable materials $1830 (Due to the nature of experiments, any materials purchased will be used once and must be repurchased for each workshop. This amount is based on actual program figures for 1998.) Consumable office supplies $305 (This amount represents that estimated about ()fuse of office supplies by the program. IT includes: paper, copies, printer ink, pens, telephone, etc.) Food: $915 (This figure includes the cost for snacks provided for the girls and the cost of food for a recognition reception. Our cost estimate allows for 10 snacks per session, for four sessions and $250 per reception.) F. Contractual: We will contract with a local expert in gender -equity and scientific process training. We were given a quote of $500 to complete the necessary training for all volunteers. G. Facility: The figure for the in-kind contribution by the YWCA was derived based on our rental policy. The YWCA facility will be used for receptions and hosting activities. VwcP, of Yakima RECEIVED MAY 0 1 2001 OFFICE OF NF;0- ORi•H00D DEVCLC'VENT SErZ15 orth Naches Avenue Yakima, Washington 98901 (509) 248-7796 Office of Neighborhood Development Services 2001 Community Service Request for Proposal Application Form A.) PROPOSAL SUMMARY/PROJECT ABSTRACT The YWCA of Yakima has a long-standing history of service to the people of the Yakima Valley. Since 1909, the YWCA has offered programs and services that empower women to take control of their lives. All programs are tailor-made to meet the unique needs of the women in our community. Most of our current programs serve to empower women in order to rebuild their lives while facing extreme circumstances. Women escaping from domestic violence can access our Family Crisis program offering emergency shelter, counseling, legal and medical advocacy, and intervention. Low-income women rebuilding their lives through employment can use our Working Women's Wardrobe to find appropriate clothing for interviews and new job opportunities. Men, women and children living at or below poverty level can access legal assistance for civil matters through our Volunteer Attorney Services program. Our GEMS program (Girls Empowered by Math and Science) breaks the cycle of poverty and dependence by encouraging girls to explore high -paying, previously male -dominated career fields in science and technology. We are seeking $24,513 in seed money to reestablish the GEMS program after a two-year hiatus. This program seeks to stop gender -inequity and financial dependency by building young girls' self esteem while encouraging exploration of math, science and technology. The program targets middle school aged girls for hands-on after school activities, field trips, and mentoring by women working in male -dominated fields. All activities are designed to build leadership, teamwork, problem -solving skills in order to break down the perception that math and science are "boy's" subjects. Activities are led by adult -leaders who have been trained in gender equity issues and the process of scientific inquiry. The goal is to heighten girls' confidence in math, science, and technology and to encourage exploration of career fields in these subjects in order to secure financial independence. We anticipate that girls who complete the GEMS program will report an increased comfort level in math, science, and technology; increased self-esteem; and increased interest in pursuing careers in these fields. Our plan is to use this first year of reestablishment to build a strong foundation for growth. We have taken steps toward building a consortium of educators, businesses and organizations that will support GEMS. Yakima Valley Community College has already given us their commitment to partner with us in this program. This summer we will begin the process of developing curriculum, soliciting and training volunteer session leaders, and soliciting support from local businesses In addition, we will seek long-term funding from other grant sources. The program will be up and running by the start of the school year 2001/02. Subsequent years will see an increase in the scope of the project. Our operation costs for the GEMS program are budgeted at $32,013 for 2001/02 A United Way Agency B) ASSESSMENT OF NEED/PROBLEM STATEMENT Women and girls face strong biases that inhibit their involvement in math, science and related technological fields. Studies on the subject of gender inequity in math and science indicate that girls' formation of beliefs in their ability begin around their freshman year. A report by the National Center for Education Statistics (Entry and Persistence of Women and Minorities in College Science and Engineering Education, August 2000) states, "It is widely accepted that the observable gender differences in learning and performance on quantitative -related subjects emerge in mid -adolescence and continue widening in subsequent schooling." This "observable gender difference" is attributed to a combination of family values regarding girls and education, perceived gender roles, and gender biases in education. This same report indicates that while women are earning 55% of all bachelor's degrees, they earn only 18% of engineering degrees, 34% of mathematical and computer science degrees, and 37% of physical science degrees. Locally we see similar statistics. Central Washington University's Office of Institutional Research reports that there are only 11 women majoring in computer science (15% of the department), 15 women majoring in mathematics (41% of the department), and 2 women majoring in physics (less than 1% of the department). This at a time when demand for workers skilled in math, science and technology continues to rise. A report created by Washington Employment Securities Department lists mathematics, production and processing, economics and accounting, and mechanical among the top ten knowledge areas sought after by employers in our region. Additionally, this same agency reports that industries with the top wages ($24 +) are all science, math and technology related. Through the statistics and reports we see the need for early intervention and encouragement of girls' involvement in math and science. GEMS actively address the root causes of gender bias in mathematics, science and technology. It involves and encourages young girls to participate in science and math activities in a supportive environment so they can begin to feel comfortable with their abilities. By targeting middle school girls we reach them before they begin building their views that math and science are unfeminine and unnecessary and that their abilities are less than that of boys'. C) PROGRAM GOALS AND OBJECTIVES Goals: 1) To increase interest and confidence among project participants in math, science and technology courses, with increased participation in those classes and the long-range goal of economic independence for the participants in their adult lives; 2) To link the YWCA, YVCC, local schools, and the business community in an ongoing consortium that encourages and supports middle school girls in math, science and technology; 3) To provide a strong mentoring component that connects participants with local employers as well as the YVCC math/science faculty and female students in non-traditional programs, 4) To provide training m equity issues for those adults involved in the project; 5) To develop materials and implement strategies that attack the root of gender inequity in education. Objectives 1. By June 30, 2002, to increase the interest and confidence of forty-eight (48) sixth, seventh, and eight grade girls to excel in mathematics and science subjects by conducting four ten -week workshops consisting of twelve girls per workshop. 2. By May 30, 2002, to increase self-confidence and career awareness of forty-eight (48) workshop participants by providing each participant with a significant mentor relationship with a female volunteer employed within a local business or government agency. 3. To address the root cause of gender equity by providing forty (40) program volunteers, parents, and staff with training workshops on nurturing mentoring relationships and in identifying/discussing equity issues faced by GEMS participants in education. 4. By December 31, 2002, to address gender equity issues in the home by recruiting ten (10) parents of participants to participate in the volunteer training and field trips. 5. By August 31, 2002, to increase the interest of program participants in pursuing math/science/technology careers by ten percent compared to a similar cohort of non- participating girls by providing forty-eight program participants with field trips to area businesses, industries, and government agencies so that they meet and interact with successful female role models in the workplace. 6. By January 31, 2002, to increase the number of girls enrolling in mathematics and science courses among the forty-eight program participants by ten percent by providing participants' parents with career information concerning women in math/science/technology fields and ways parents can encourage participation in those classes. 7. By September 30, 2002, to increase the number of female middle school students who enroll in and successfully complete mathematics and science courses among the forty- eight program participants by ten percent as compared to a similar cohort of girls not participating in the program activities by providing the participants with specific training in issues of equity in the classroom, including gender stereotypes, test -taking skills, building self-esteem and assertiveness. The GEMS program meets America's Promise of Marketable Skills by empowering girls to achieve in math, science and technology. These are considered "basic skills" by the guidelines of America's Promise. Unfortunately, research has shown that these are the areas where the largest gap between boys and girls exist. In addition, the GEMS program exposes participants to career opportunities though mentoring and field trips. The GEMS program also addresses America's Promise of Caring Adults. The program is designed to connect girls with other women in the community. Session leaders encourage the girls to do their best and act creatively. Mentors provide individual support to each girl and give them an example of women succeeding in non-traditional roles. Through out the entire program is an emphasis on developing self-esteem and encouraging self-sufficiency. D) METHODOLOGY GEMS consists of two, ten -week sessions with a maximum of 12 participants per workshop, plus a minimum of two field trips per session. Girls meet with session leaders trained in scientific methodology and gender -equity issues once a week for two hours a day. At the completion of the program each girl will receive individual recognition for her accomplishments at a special ceremony held at the YWCA. Sessions will run between October 2001 and May 2002. Participants are never charged for their involvement. Workshops are held in a single gender setting that encourages girls to take risks, be assertive and develop leadership without fear of being seen as "masculine." Each activity is interactive and focuses on practical application of math/science/technology as well as the expanded field of vocational opportunities while still being fun. Interwoven in the experimental activities are specific curricula addressing equity issues in the classroom and in the workplace. These materials are designed to increase levels of self-esteem and self-confidence; improve test -taking skills; raise awareness of gender stereotypes; build effective communication; and develop leadership skills. Session leaders are trained to encourage off-the-wall explanations, predictions, and guesses; provide structure and guidance, but let the girls decide for themselves what they want to built, paint or examine; talk about inventions and how people discovered things; place greater value on the creative process than on the finished product; and involve the girls in decisions. This is to help the girls develop a sense of control. If they feel their ideas are valued and their reactions important, they will start to take responsibility for their own behaviors. On-going activities will involve the YWCA Project Coordinator, YVCC's Equity Specialist, school district faculty, YVCC faculty, mentors and volunteers. E) EVALUATION The project must meet the following criteria in order to be evaluated as successful: 1. Enrolling 36 middle school girls (85% of projected numbers) during this first year of reestablishment of the project; 2. 85% of the participants will increase their self-esteem scores by 15 points; their interest in math/science/technology scores by 10 points, and will enroll in at least one more math/science/technology course that indicated on their original intent statement. 3. Follow-up of first-year completers will indicate a higher level of participation in their math/science/technology classes than the control group students and that their retention in those classes is higher than retention in the control group students. 4. During this first year of reestablishment, 6 faculty and 20 parents/volunteers will have increased their equity awareness scores by 10 points as measured by the pre- and post - surveys conducted during the project training. F) COMMUNITY INVOLVMENT The GEMS program offers ample opportunities for community involvement. This program needs commitments by: 1) Sixth, seventh and eighth grade girls in three middle schools; 2) Parents/guardians of program participants; 3) Area employers whose primary employment opportunities require an academic background in math/science; 4) YVCC and YWCA staff and faculty; 5) Community volunteers; and 6) Women working in non-traditional fields that use high levels of math, science and/or technology. The program itself is developed in partnership between the YWCA and YVCC. The two organizations will work together to develop timelines, curriculum, and workshops as well as to secure commitments from volunteers and other organizations. YVCC will host volunteer training. The greatest opportunities for citizen involvement lie in the implementation of the GEMS program. Local volunteers who have received training in scientific exploration and gender -equity issues will lead each session. Field trips to area businesses depend on commitments from our business community Women working in science/math/technology related fields within our community will serve as mentors to program participants. Parents will help lead workshops, chaperone field trips, and build encouragement for the girls. Local educators will identify and encourage students' participation as well as provide locations for sessions. To evaluate the program we will use feedback from participants, parents/guardians, and local schools. Prior to and following each ten -week session, we will distribute questionnaires to participants and their parents/guardians regarding their perceptions. The questionnaires will be evaluated by the YWCA and YVCC in order to determine the level of increase in confidence. Additionally, we will work with participants' schools to assess increases in actual participation in math/science/technology related classes. G) BUDGET Please see attached budget sheets H) LEVERAGING AND PARTNERSHIPS The continuation of the GEMS program depends on long-term funding from grantors. We are in the process of researching possible avenues to secure these funds. I) REQUIRED ADMINISTRATIVE INFORMAITON Attached is the required administrative information. For number 2, letters of commitments from other organizations contributing financially to the project, we have included a letter from YVCC supporting the GEMS program. We are just beginning the search for funding and have no other organizations contributing financially at this time. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: YWCA of Yakima PROJECT: GEMS Program Expense Categories CDBG Funds State, Federal or Private Funds Applicant Share (Cash/In-Kind) Total Personnel 15,600 0 0 15,600 Fringe Benefits 1,513 0 0 1,513 Travel 900 0 0 900 Equipment 0 0 1,500 1,500 Supplies 6,000 0 1,000 7,000 Contractual 500 0 0 500 Other (Specify) 0 0 0 0 1. Facility 0 0 5,000 5,000 2. 0 0 0 0 Total 24,513 0 7,500 32,013 Budget Narrative A: Personnel: YWCA Project Coordinator -3/4 Time The Project Coordinator will spend 100% of her time working on the GEMS program. Her salary is set to correspond with the salaries of similar positions at the YWCA. She will be trained and experienced in facilitating interactive math/science workshops at the middle school level. B: Fringe Benefits: The Fringe Benefits of the Project Coordinator are computed at 9.69% of the salary and are as follows: 6.2% OASI (Social Security) .0064% Unemployment .1408% L & I 1.45% Medicare C: Travel: Central to expanding the horizons of girls in terms of considering and training for careers in non- traditional fields is the need to see for themselves how they can fit into such careers. This is accomplished through the use of field trips to destinations to private enterprises within a five -county radius. We have budgeted for 9 field trips a year at $100 each trip. D: Equipment: The YWCA has computer equipment and various scientific kits set aside for the GEMS program. We established the value based on replacement estimates. E: Supplies: There are some materials remaining from the GEMS program prior to its hiatus. We will be using those supplies first in order to make the most effective use of our funding. The remainder of our supply budget is broken down as follows: Printing (brochures and posters) $1,000 (This amount is based on estimates for 1,200 brochures and pasters. Estimates were derived from past printing costs from similar projects) Consumable materials $3,000 (Due to the nature of experiments, any materials purchased will be used once and must be repurchased for each workshop. This amount is based on actual program figures for 1998.) Consumable office supplies $500 (This amount represents that estimated about of use of office supplies by the program. IT includes: paper, copies, printer ink, pens, telephone, etc.) Food: $1500 (This figure includes the cost for snacks provided for the girls and the cost of foodfor a recognition reception. Our cost estimate allows for 10 snacks per session, for four sessions and $250 per reception.) F. Contractual: We will contract with a local expert in gender -equity and scientific process training. We were given a quote of $500 to complete the necessary training for all volunteers. G. Facility: The figure for the in-kind contribution by the YWCA was derived based on our rental policy. The YWCA facility will be used for receptions and hosting activities. RESOLUTION NO. R-2001-104 A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the remaining approved community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 Federal Community Service Block Grant (CDBG) funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the Community Development Block Grant (CDBG) program, and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize and approve a total of $125,000 for grant requests from community service agencies, and WHEREAS, the Council acting on recommendation of the Neighborhood Development Council sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $125,000 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: • Execution of formal grant agreements between the City of Yakima and each agency 2. A contract between the City of Yakima and Best Self dated July 3, 2001 is hereby ratified, and 3. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The finalform of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2001. ATTEST: !- T�N6- City Clerk 6 ary Place, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization. Rural Community Development Resources 2. Address: (hereinafter "Contractor") P.O. Box 9492 Yakima, WA 98909 3. Phone: (509) 453-5133 4 Contact Person: Luz Bazan Gutierrez 5 Title of Service or Program being Funded: "Youth Entrepreneurs & Financial Fitness" 6 Amount of Contract Award: $20,000 (CDBG) 7 The term of this Contract shall commence upon execution hereof and shall terminate at midnight / 2 3 r _ , unless sooner terminated by either party in accordance with Section XXII of incor.oratd Exhibit "A" 8 This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following: 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference 3) City of Yakima Resolution No.2001-104, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference 9. 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 .a ies have executed this Contract as of the day and year indicated below. 60.32,-,_ ATTEST: City Clerk CIT'( CO ll ACT NO. C7°1 1\IC1i�/; qa°7 ci / te g eQt* Da Da g,e)/. ;mss//1NC:a\O�� l Dat 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 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 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 OMB Circular A — 87 "eligible costs" 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 sub -object categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) 2 08/02/01 of an approved budget sub -object 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 nt of ervices A. The Contractor performed under this contract in thmit e mannernprescribed in paragraph ly written claims for 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 may be negotiated if they are to be included in future Contracts. Assets purchased with CDBG funds shall continue to be used in accordance with its original purpose as provided in 24 CFR § 570.503 (b)(8). 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: rams ns, 41 CFR Part 60, 1 Office of Executive Orderl 11246 as amended by EContract Compliance xecutveeOrder o12086, 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 its inspection and certification responsibility under the regulations including but not limited to 24 CFR § 570.608. 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). 08/02/01 3 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70 92 RCW. 5 Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq , and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8 Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and § 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 (24 CFR § 146) 13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1). 14. Housing Quality Standards (24 CFR § 882.109). 15. WBE/MBE (24 CFR § 85.36 (e) 16 ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare 08/02/01 an Environmental Impact Statement. B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to. employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The 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, or age: 1 Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3 Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. 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. 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 5 08/02/01 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING 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 All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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 6 08/02/01 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 settlement of 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: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the 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. Any nonexpendable 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. 8 As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 7 08/02/01 9 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 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 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 8 08/02/01 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 -VD or higher in Best's Guide and admitted in the State of Washington. 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 or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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. In accordance with 24 CFR § 85.43 and 44. 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 9 08/02/01 In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the 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. 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 10 08/02/01 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 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 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. 2001-104 (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 XXVII 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. XXVIII VENUE 11 08/02/01 The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision XXXI PROGRAM INCOME Program income, if any, shall be retained by the contractor. Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST In accordance with 24 CFR § 570.611, 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 exercise 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. 12 08/02/01 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 08/02/01 • + + YOUTH ENTREPRNEUR & FINANCIAL FITNESS 2001 COMMUNITY SERVICES REQUEST A.) Proposal Summary/ Project Abstract: The Rural Community Development Resources (RCDR), formerly Washington Association of Minority Entrepreneurs (WAME), has been in the forefront of economic development opportunities for low and moderate income persons for the last ten years. The primary focus of the organization is micro -enterprise development The organization provides a structured entrepreneur training, business assistance and micro loans for new and emerging entrepreneurs. As part of the efforts to bring about better opportunities for youth, the youth entrepreneur program is an extension to the already successful existing micro -enterprise program The primary goal of the project is to give underserved students within the targeted (CDBG) area, the opportunity to obtain financial management training, work experience and for some a business start up. Many of these youth are "disconnected" with access to these types of job experiences due to their being new in the area and lack of a network by their parents. The proposed project brings together a solid partnership between schools and community based organizations. The partnership is between RCDR and Davis High School, which has been designated as a Gates Grant Recipient for increasing learning capacity and needs of underserved students. Mr. Jose Vidot, DHS principal, has deemed this a worthy project based on the potential impact it can have on disadvantaged students from the CDBG area. Debbie Mathieu, a Davis Career Counselor, will be assigned to work on the project. She will be responsible for recruiting and placing students in work sites for internships. In addition all students that participate will also be given a school credit toward graduation The entrepreneur training will be the responsibility of RCDR. RCDR will also be responsible for coordinating training activity in regard to time schedules, presentors and attendance Evaluations will be performed for each training as well RCDR will also be responsible for collecting time sheets and visiting sites for work performance. The partnership is a natural. The students need the structure available from the career specialist in the schools The schools have a better grasp on what students are in most need and are motivated. 1 B.) Assessment of Need/Problem Statement: The is a yearning for more equitable employment opportunities for underserved youth. (We have chosen the word "underserved" instead of "high risk" due to the many questions and concerns raised by employers in regard to what kinds of "risk" they were taking in accepting a placement The problem is evident within the public and private sector whereby one can see a lack of disadvantaged low income youth in the upper end work force. 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 those established citizens that have established a network that provides entree to their sons and daughters into the air conditioned more prestigious jobs. The more common jobs filled by underserved youth are such jobs as cooks, waitresses, janitorial, etc. The on going process excludes many low-income and middle income disadvantaged youth to experience jobs in the work place that can help them formulate their career plans. In addition, these jobs provide mentoring by professionals that many times do not have the exposure to students that are intelligent and motivated but not within their radar range The new census confirmed the changing demographics that are evident in our community. These dramatic changes show the growth in form of a "mushroom", whereby the growth -is within the younger ages and will be upon us sooner than we think. The shifting demographics demand a more bi-lingual workforce in all areas of the job market. There is a demand in the workplace for talented bilingual youth that could help in the business The pilot project was started in fiscal year 1999. During that time, it started a project for youth from all schools. It proved to be too much since we were unable to hire a full time person for the position. The lack of staffing to oversee the project created too much work for the part time position. The youth required too much attention and had too many problems. We ended up serving as counselors and not being able to handle all the time requirements needed by them A total of ten students were trained in the first session. Of the ten, 6 were placed in jobs. Today, three of those students are still working in those jobs where they served as interns (See Attachement) In the fall of 2000, RCDR approached Mr. Jose Vidot, the new principal of Davis High School. He found the project very interesting and saw the project as a great partnering opportunity. He assigned Debbie Mathieu to be the Davis contact. She recruited the second group of students. RCDR provided the training. In addition, the youth also were able to get one credit toward graduation by participating in the project. 2 Many of the p0arents note that they are always taking their children to translate for home purchasing and 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 This project will allow the opportunity for youth to experience private sector work outside food services businesses. The other part of the project will be to provide three entrepreneurs within the group to set up their own business. The three 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 three 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 25 underserved youth. 2. Provide 145 hours internship for on-the-job training for 20 underserved youth. 3. Provide 40 hours of work site oversight to underserved youth. 4. Provide a full credit toward graduation for each youth. 5. Create 8 full time summer jobs for underserved youth. 6. Create 3 new businesses D.) Methodology: The proposed project will be a partnership project between Davis High School, as a Gates Scholars project and RCDR as entrepreneur training and coordinating entity. Recruitment & Selection. A part time project coordinator will be responsible for developing and disseminating material to Davis High School. A simple one-page application will be developed and given to interested students by Davis High School point person. A deadline will be given for all interested students. Once the deadline closed, interviews will be conducted by RCDR staff and Davis staff to select 25 at -risk youth. 3 The selected youth will be required to take the business management -training course. Based on attrition, it is anticipated that only 20 of the selected 25 will complete the training and continue with the project. The 20 underserved youth that remain will go on to the on the job training or develop their business 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 medical offices, attorney's officer, title companies , escrow companies, etc. Since RCDR is involved into business development and working with title companies in regard to collateral issues, it is expected that there will be great cooperation. Letters will be sent to each business to ask for their acceptance of a student intern and provide mentoring. The Davis HS career specialist and the RCDR 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 to the 5 month after school program it is envisioned that the company will see the value to the youth and provide summer time employment at the company. The five entrepreneurs will be based at the RCDR 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.) Evaluations: 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 out hypothesis that at risk youth tend to fear math. This fear holds t5hem back form applying or considering in jobs that require math skills. The attitude survey will prove this and their basic capacity. 4 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 A picture will be taken at the beginning of the program and at the end. The picture will be part 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 and 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. F.) Community Involvement: The project has been initiated after many meeting and discussions with the Davis High School and students Before that the idea was the result of many meeting with Hispanic Chamber of Commerce and other Eastside groups in regard to the project. This has been in the process for over three years. Presentations will continue to be made to all service groups in regard to the program. All Eastside Yakima groups will be targeted. 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. G.) Budget: See Attachment 5 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FORBUDGETOMMUNITY SHEET ORGANIZATION: RURAL COMMUNITY DEVELOPMENT RE CES PROJECT: Expense Categories Personnel CDBG Funds State, Federal Applicant Share Total or Private Funds (Cash/In-Kind) $ 6,000.00 Fringe Benefits Travel Equipment Supplies Contractual $ 900.00 $ 1,450.00 $ 1,500.00 Other INTERNS (Specify) 2. Total $10,150.00 $20,000.00 CITY OF YAKIMA OFFICE OF NEIGHBORHOODUNITYDEVELOPMENT SERVICES SERVICES RFP FOR O BUDGET SHEET ORGANIZATION: PROJECT: Expense CDBG Funds State, Federal Applicant Share Total Categories or Private Funds (Cash/In-Kind) RURAL COMMUNITY DEVELOPMENT RESOURCES YOUTH ENTREPRENEURS &FINANCIAL FITNESS Personnel Fringe Benefits Travel Equipment Supplies Contractual Other S•eci 1. 20 INTERNS 2. LOAN CAP $12,000 1,800 1,000 Total 1,500 20,300 1,500 38,100 500 111111111111111111 11,750 20,300 1,500 8,000 57,900 Project Coordinator (2) Sessions 50% Salary Taxes at 15% Travel Supplies INTERNS BUDGET ASSUMPTIONS FTE $ 15 * 20 WKS $6,000 * 2 $ 900 * 2 $1,000 $1,500 Training 10 * 7/hr. * 25hrs. Wk. $1,750 Placement 10 * 7/hr. * l0hrs. Wk * 12 Wks. $8,400 Per Sessions $10,150 Two Sessions $20,380 IN-KIND YAKIMA SCHOOL DISTRICT $ 40,000 1/4 FTE $10,000 10*75 Training Sessions 375*2 Travel (basuse) 500 Supplies 500 11,750 RCDR Administration Executive Dir. (2) 5 hrs / Wk @ $25.00/hr * 20Wk $2,500 Accoutant (2) Sessions 3hrs./Wk @$15.00 * 20Wk $ 900 TRAINERS $75 * 10 Classes 750 Supplies 500 $8,050 RESOLUTION NO. R-2001-104 A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the remaining approved community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 Federal Community Service Block Grant (CDBG) funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the Community Development Block Grant (CDBG) program, and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize and approve a total of $125,000 for grant requests from community service agencies, and WHEREAS, the Council acting on recommendation of the Neighborhood Development Council sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $125,000 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: • Execution of formal grant agreements between the City of Yakima and each agency 2. A contract between the City of Yakima and Best Self dated July 3, 2001 is hereby ratified, and 3. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The finalform of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2001. ATTEST: !/-k ri'Vb City Clerk 6 ary Place, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Family -A -Fair (hereinafter "Contractor") 2. Address: 1211 Hubbard Rd. Yakima, WA 98903 3. Phone. (509) 965-3530 4. Contact Person: Dennis Heinz 5. Title of Service or Program being Funded. "Family -A -Fair" 6. Amount of Contract Award: $5,000 (CDBG) 7. The term of this ontract shall commence upon execution hereof and shall terminate at midnight l2/ 3/ D/ , unless sooner terminated by either party in accordance with Section XXII of incorporat d Exhibit "A". 8 This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following: 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.2001-104, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference 9 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 1E17 161 Dat B/6' o/ ., ...w ��.. Da e Conte j t `(AK/4 ''±! jf' is . ATTEST. City Clerk f CITY CO HTACT NO. dO0I-S 7 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 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 $ 5,000 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 OMB Circular A — 87 "eligible costs" 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 sub -object categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) 2 08/02/01 of an approved budget sub -object 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 paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS 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 may be negotiated if they are to be included in future Contracts. Assets purchased with CDBG funds shall continue to be used in accordance with its original purpose as provided in 24 CFR § 570.503 (b)(8) 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 its inspection and certification responsibility under the regulations including but not limited to 24 CFR § 570.608. 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) 3 08/02/01 4 Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq., and Environmental Protection Agency regulations, 40 CFR Part 15 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7 Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and § 570. 11 Title VI of the Civil Rights Act of 1964 (P L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 (24 CFR § 146). 13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1) 14 Housing Quality Standards (24 CFR § 882.109). 15. WBE/MBE (24 CFR § 85.36 (e) 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare 4 08/02/01 an Environmental Impact Statement. B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The 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, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2 Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. 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. 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 5 08/02/01 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law XIV ASSIGNMENT AND/OR SUBCONTRACTING 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. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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 6 08/02/01 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 settlement of 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: 1. Property records shall be maintained accurately and provide for. A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5 If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable 6. Nonexpendable personal property purchased by the 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 Any nonexpendable 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. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 7 08/02/01 9. 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 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 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 8 08/02/01 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 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 or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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 In accordance with 24 CFR § 85.43 and 44. 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 9 08/02/01 In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the 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. 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 10 08/02/01 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 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 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 2001-104 (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 XXVII 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 XXVIII VENUE 11 08/02/01 The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision XXXI PROGRAM INCOME Program income, if any, shall be retained by the contractor. Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST In accordance with 24 CFR § 570.611, 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 exercise 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 12 08/02/01 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 08/02/01 Assessment of Need Circumstances and Statistics in the Yakima area are quite compelling. 1. Recent W.A.S.L. test scores for 4th, 7th and 10`h graders reveal the following. 60% of 4th graders failed the test 75% of 7`h graders failed the test 55% of 10th graders failed this test 2. In Math scores 84% of 4th graders failed the test 89% of 7th graders failed the test 80% of 10th graders failed the test 3. In Writin scores 84% of 4 graders failed 73% of 7th graders failed 80% of 10`h graders failed the test Further more in the population at large for Yakima County only 71% have a high school diploma. Only 17% of the population hold a 4 -year college degree. Domestic Violence continues to climb according to both the YPD and the YSO. Domestic Violence, Larceny and Drug crimes are the three biggest problem areas for the city and the county. In the city of Yakima Out of 310 total adult drug related arrests most were in the age group of 25 to 40. (The age group of parents with younger children) Total Domestic Violence incidents in 1999 were 1,890, slightly higher than in 1998. Out of 549 juvenile arrests for larceny crimes, 493 were committed by White males and females. Which is disproportionate to the ethnic make up of the area. Family A Fair recognizes the need for education and information on these problems for the many parents who are "in charge" of young children. Family A Fair also addresses the needs of those children to have access to resources that will help them through difficult family situations and help create "pride in self" by improving their social and academic skills RECEIVED PR 3 0 2001 OFFICE OF NEIGHBORN('-`� DEVELOPMENT SER' Goals The intent of the Family A Fair is to educate, inform and instill confidence for a better way of life for parents, children and families in general. Objectives To involve parents and children in this two day event and also with a new ongoing extension of this program (providing YPD and YSO on duty officers with information packs to distribute as part of their response to domestic violence calls), Family a Fair Hopes this kind of awareness and approach will benefit those needing help for their families, their children and for themselves. Project Summary Family a Fair is now in its fifth year of operation. The primary purpose for this event's existence is to educate children, with over 100 free activities and to also educate parents on everything from family and parenting skills to finances to community involvement. Family A Fair also gives parents guidance and direction on how to find and utilize the many resources that are available in Yakima City and Yakima County as they relate to the family. This year the Family A Fair is pleased to announce that Yakima County through the offices of County Commissioner Jim Lewis have decided to join us with a $5,000 donation. This along with private, corporate and personal donations is helping to make Family A Fair a true community wide event. Family A Fair will be marketed heavily this year through a contribution of over $30,000 for radio and television advertising. (KNDO TV, KXDD Radio, KZTA Hispanic Radio) As domestic violence, cultural and economic poverty and low performance in area schools continues to persist, the Family A Fair squarely positions itself to address these and other family issues. It is our belief that the success of the Yakima community lies first and foremost with the success of the families that live here. The expenses for this event last year were $80,000 (see attached). Sponsors to date: Success by Six Group Health Yakima Farm Workers Clinic Memorial Hospital Comprehensive Health Plan of Washington Yakima County Vendor Participation: Approx. 150 area businesses Service Club Participation: Area Kiwanas Sunrise Rotary Methodology Activities for children include over 100 interactive games, learning centers and participation booths. While children are involved there are workshops and a host of printed materials and speakers for parents to learn from. The information available to parents includes everything from continuing education to family budgets to knowing how to help children with social and academic skills. Evaluation Comment cards are distributed and then follow up is done to make sure that any further help is secured for the individual that needs it. Follow up is also implemented with the vendors at the event to get a better understanding of the inquiries of the event attendees Community Involvement Family A Fair is supported by the Yakima area Kiwanas and the Yakima Sunrise Rotary. These two groups supply volunteers for day of event and are represented on the Board of Directors. Media sponsors include KNDO TV, KXDD Radio and KZTA Hispanic Radio and also have positions on the Board of Directors. The following private businesses have supplied prizes or monetary commitments to date. Success By 6 Yakima Farm Workers Clinic Northwest Infonet Memorial Hospital Comprehensive Health Plan of Washington Group Health Gear Up (U.W.) pending Valley Cycle Yakima County Commissioners Budget -- 2001 REVENUE: . ucu LG xrno'r [O, %uVl/ 2001 `2000" - --- Mqj r Sponsors___(7. .$5,000j---- -----__----------,00 350------ " 3 00 Corporate Sponsors 12,000 12 000' For -Profit Exhibitors 50 $250 12,500 12,500 Not -for Profit Exhibitors (55 @$150 9,600 9,60.0 Underwriters (20 @ 150) 3,000 General Admission 3,650 _3,000 3,500. Workshop (200_@_$151_ 3,000• 2,0110 Luncheon (200 @$15) 3,000 3,000 Total Revenue: 81,750 80,600. EXPENSES: 2001 .............. 2.0#10°.'.::.,. Production: TRAC 10,000 8;000 ' Hold Arena 1,400 1,000 " Labor ___--___.--------------...--------._...____-_------------.._..-------____ 500500 --------------__�:._...:,:..;�:.: , ...�.,,_w... Utilities _.___---- ------------_.___.__-____.__---------------------._____.------ 100- - Parking 1,500 _._.:.boa, 1,300. - ____ Balloon Removal _ _.----------._.-__. �------ 200 200- Food Service _ -_- - -_-_- ___ 500 1,000' Sound systems ___ _ 500 _ : 3 000, Purchased services (Signs/PhotosZ 300 _ 6 00 Decorator 7,000 7,500 Balloon Decorator 200 500 Banners and Signs 2,000 2,000 Insurance 1,800 1.,800 " Production SubTotal 26,000 271700 Staff Labor: Managing Director __-----._-_.-----------__._._._-__-- 6,000. . 6.000 Director of Operations 2,000" 2,000 Support Staff 3,000 ' ` ,000 Taxes/ L8c1 _,,,4_,_ : 1,500 Staff Labor SubTotal 12 1500 12000 Luncheon _-_200 @a $12.50 __ - - _ 2,500 2;500 Room rental/setup 500 _ 540" Luncheon SubTotal 3,000 3,000 Workshop Presenter - 6,000 4 000 - - - - - - - Room rental -__ 800 , 800' "" 4 800. � _ ____ _--___Workshop SubTotal __-- _.._._ __6,800' __._. �'... - CdInt11Un1 Service _ Reduced -cost Booths (39 @ $150) Low Income Meals �---; --. _._.—— 5,800 800 500 w .. , . , ; 5 8511,-..''. 80.0` ' 500 - Low Income Passes (printing) Service Club Labor 5,000 5,000 ' 12,150. SubTotal 12,100 Promotion: Newspaper 6,000 6,000- Posters/Fliers Spanish media 250 500 -250 500 Web Site Hosting 1,000 1,000; 7=750 SubTotal 7,750 Miscellaneous Booth Sales Commissions 50@$25 1,250 1,200 2,100 '1,250` . 1,200 .2,000 , f.........SOt} Commission on Corporate Sponsors --- Official Shirts$ 6Q �__. 35 _._) Hospitality _-__------_-----------500.._._.__._ Franchise Fee 2,000 2,000 - City Admissions Tax 500 500 Cites Business License --_---____-__ pEes . Supplies —.._ _... — — Volunteer Recognition — -- 250w 800 250 -- .. ' _ 500 , , . , . 500 Travel and Entertainment 500 . 2.00° Contingency ` 1,000 3,000 • , 1,000.._,, 3,0p0.:' Margin (3`5%0 of gross income). SubTotal _,.. 13,600 _ -1;200,, 4 TOTAL EXPENSES: 81,750 80,600' RESOLUTION NO. R-2001-104 A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the remaining approved community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 Federal Community Service Block Grant (CDBG) funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the Community Development Block Grant (CDBG) program, and WHEREAS, the City Council has deteiinined that it is in the best interest of the City to authorize and approve a total of $125,000 for grant requests from community service agencies, and WHEREAS, the Council acting on recommendation of the Neighborhood Development Council sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $125,000 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: • Execution of formal grant agreements between the City of Yakima and each agency 2. A contract between the City of Yakima and Best Self dated July 3, 2001 is hereby ratified, and 3. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2001. ATTEST: z� kid -646-/e-‘- 774/6 City Clerk 6 ary Place, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: United Way of Yakima County (hereinafter "Contractor") 2. Address: 116 South 4th Street Yakima, WA 98901 3. Phone. (509) 248-1557 4 Contact Person: Tim Sullivan 5 Title of Service or Program being Funded. "Information Resource & Referral" 6 Amount of Contract Award $20,000 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 7/17 /Contract , unless sooner terminated by either party in accordance with Section XXII of incorporated Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following. 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference, and 2) Operating budget including sources and uses statement, work plan and all attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No.2001-104, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9 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 R.A. Zais, Jr , Cityy Ma g Contractor /_ Title. ATTEST: City Clerk D to oi Da{e ate CITY ({»TRACT NCI: •� • - r""1 RESO TIC?J HO: 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 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 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 OMB Circular A — 87 "eligible costs" 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 sub -object categories. 2. When the revision of the Contractor budget does not exceed ten percent (10%) 2 08/02/01 of an approved budget sub -object 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 paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. VII BUDGET SURPLUS 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 may be negotiated if they are to be included in future Contracts. Assets purchased with CDBG funds shall continue to be used in accordance with its original purpose as provided in 24 CFR § 570 503 (b)(8) 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 its inspection and certification responsibility under the regulations including but not limited to 24 CFR § 570.608 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). 3 08/02/01 4 Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 5. Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq ; and Environmental Protection Agency regulations, 40 CFR Part 15. 6 Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7 Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation) 8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 —12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and § 570. 11. Title VI of the Civil Rights Act of 1964 (P L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, 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 (24 CFR § 146) 13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1) 14. Housing Quality Standards (24 CFR § 882.109) 15. WBE/MBE (24 CFR § 85 36 (e) 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare 4 08/02/01 an Environmental Impact Statement. B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or 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, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation, and programs for training including apprenticeships. The 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, or age: 1 Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B 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. 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 5 08/02/01 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 Contractor agreement, 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. At any reasonable time and as often as City may deem necessary, 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 Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law XIV ASSIGNMENT AND/OR SUBCONTRACTING 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. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. 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 6 08/02/01 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 settlement of 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. 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable 6. Nonexpendable personal property purchased by the 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 Any nonexpendable 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. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the 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. 7 08/02/01 9. 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 The Contractor agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this 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 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 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 8 08/02/01 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 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, Toss, fines, penalties or damage, inducing reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. XXII CONTRACT, TERMINATION AND CLOSE 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. In accordance with 24 CFR § 85.43 and 44. 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 9 08/02/01 In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole nonwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the 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. 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 10 08/02/01 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 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 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. 2001-104 (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 XXVII 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. XXVIII VENUE 11 08/02/01 The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXI PROGRAM INCOME Program income, if any, shall be retained by the contractor. Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST In accordance with 24 CFR § 570.611, 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 exercise 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 12 08/02/01 EXHIBIT "B" Proposal and operating budget including sources and uses statement, work plan. 13 08/02/01 RFP COMMUNITY SERVICES PROGRAMS CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES Proposal Summary United Way of Yakima County is a 501(C)(3) nonprofit organization whose mission is to raise money and distribute it to other nonprofit organizations who provide direct services that benefit the residents of Yakima County. In addition United Way has initiatives, or programs, run by United Way that serve a need and for which there is no other provider. Such an initiative is our Information Resource & Referral program. This is a program that provides, by telephone, information on available services in Yakima County. This information is in a computer data base that is maintained by a part time staff person. The program has taken a new direction and is in the process of switching to a web based program that will be accessible on the internet by both providers and users, and will also have a full time person providing the information by phone. The web based program and service information will be updated by each agency. This will provide information in more detail and in a more timely manner than what is currently being provided. We also believe that this will put us in line to implement the new federal initiative of establishing a 211 system. A 211 system will act like 911. You will dial 211 in any community nation wide and receive social service information. The one year start up costs of this program are $40,000 of which United Way is funding $20,000 and we are requesting $20,000 from the ONDS. ASSESSMENT OF NEED There are many needs in Yakima and we have wonderful agencies providing services in an efficient and effective manor. What we need, is to be able to connect the users to the services they need. This provides that service in a more efficient way than in the past and we believe in a more cost effective way as well. There is no one else providing this service. PROGRAM GOALS AND OBJECTIVES Our goal would be to have current and up to date information on agencies, programs, and services available in Yakima County by phone or on the internet to all service providers and residents of Yakima within one year. This will ensure that the user has fast and easy access to the services they need. In addition we will set up and implement a community calendar that all agencies and programs can update with information about meetings and events. RECEIVED AP1302001 OFFICE OF EEiGHBORHOOn CEVELOrMENT SFR' METHODOLOGY We will be purchasing the Tapestry Software License in collaboration with Chelan/Douglas County and become part of their existing website, 4people.org. We will then implement a training program for agencies to input and update their information into the software. Awareness and education programs will be implemented in the area. This will include brouchures, public speaking dates, laminated copies of the web pages for service providers reference as well as public service announcements. EVALUATION We will be evaluating the usefulness of the program with agency and provider surveys annually and statistical tracking of calls receive and web site "hits". COMMUNITY INVOLVEMENT This is a community effort. It has been the topic of two nonprofit meetings, one with United Way agencies and one open to the public meeting regarding the needs of the non profit community in Yakima. The strong need for and support of this program was apparent at both meetings. The community will be reviewing and evaluating this program as a United Way program. This includes budget review, program data, and outcomes. This program is a collaboration. It is currently being housed by Central Washington Mental Health, administered by United Way, advertised by LeMasters and Daniels and was previously housed by Tri -Valley PIC. As we do more education of the benefits of the service we anticipate many partners among the agencies that would use it for referrals and as a source of new clients. BUDGET The cost of the program will include a full time staff position and the related payroll taxes, some office supplies and the cost of the software license for one year. All advertising costs will be provided in kind. We believe that once up and running, this program will be a wonderful resource for many providers of service in Yakima. This would include the City and County and all their departments for use in referrals, nonprofit and for profit service providers for collaboration, referral, and new clients. Our intent is to support this program, once up and running, with membership fees. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: aY1►kd C3 rxy PROJECT: 2 rrnoL4;On K2eSOur ' Ce-Qirm_O Expense Categories CDBG Funds State, Federal Applicant Share Total or Private Funds (Cash/In-Kind) Personnel---- /// e66 .- ,` G, boo Fringe Benefits 44/4C60 41.560 Travel . Equipment Supplies / Soo'' ' Contractual Other (Specify) 1. +s 6, coo — l�. boo 2. Total 0?0,000 6;0,060 alOOD RESOLUTION NO. R-2001-104 A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the remaining approved community service agencies. WHEREAS, the City of Yakima is a recipient of 2001 Federal Community Service Block Grant (CDBG) funds which may be used, among other things, for community service projects; and WHEREAS, various agencies have requested project funding from the Community Development Block Grant (CDBG) program, and WHEREAS, the City Council has detemiined that it is in the best interest of the City to authorize and approve a total of $125,000 for grant requests from community service agencies, and WHEREAS, the Council acting on recommendation of the Neighborhood Development Council sub -committee, has selected the attached list of projects for funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. Grants totaling $125,000 in CDBG funds for community service projects are hereby authorized and approved, subject to the following condition: • Execution of formal grant agreements between the City of Yakima and each agency 2. A contract between the City of Yakima and Best Self dated July 3, 2001 is hereby ratified, and 3. The City Manager is hereby authorized and directed to execute all necessary grant documents, including grant agreements, between the City of Yakima and each agency. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2001. ATTEST:. 'LIZ sI AT14i6- City Clerk 2/7 ary Place, Mayor