HomeMy WebLinkAboutR-2021-087 Resolution authorizing an agreement with the Parks & Recreation Division of the City of Yakima for $50,000.00 of CDBG funding for youth programming and services at the Washington Fruit and Produce Community CenterA RESOLUTION
RESOLUTION NO. R-2021-087
authorizing an Agreement with the City of Yakima, Parks & Recreation
Division, in the amount of Fifty Thousand Dollars ($50,000.00) in
Community Development Block Grant funds to provide youth services and
programming in Yakima at the Washington Fruit and Produce Community
Center.
WHEREAS, the Parks & Recreation Division is a division of the City of Yakima, a municipal
corporation, that provides, in part, programming and services to youth in the City of Yakima at the
Washington Fruit and Produce Community Center; and
WHEREAS, the Yakima City Council has allocated Fifty Thousand dollars ($50,000.00) in
Community Development Block Grant funding to the Parks & Recreation Division to provide youth
programming and services to underserved youth in the City of Yakima, specifically at the
Washington Fruit and Produce Community Center located at Miller Park; and
WHEREAS, the City is a recipient and is responsible for the administration of its annual
allocation of Community Development Block Grant (CDBG) funds made available through the
United States Department of Housing and Urban Development (HUD) and authorized by Title I of
the Housing and Community Development Act of 1974, as amended; and
WHEREAS, federal regulation governing the use of CDBG funds for youth programming
and activities allow the City to use such funds to provide grants to assist non-profit organizations
in providing services that meet the CDBG requirements; and
WHEREAS, this activity is part of the City's Annual Action Plan; and
WHEREAS, the provision of youth programming and services meeting CDBG guidelines
will provide substantial appropriate public benefits to the City, particularly by providing youth
programming and services to underserved youth; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the
City and its residents to use $50,000.00 of its CDBG money to fund youth programming and
services at the Washington Fruit and Produce Community Center, provided by the City of Yakima
Parks & Recreation Division, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a grant agreement with the City of
Yakima Parks & Recreation Division in the amount of Fifty Thousand dollars ($50,000.00) in
Community Development Block Grant funds to provide youth programming and youth services
within the City of Yakima. A copy of the grant agreement is attached hereto.
ADOPTED BY THE CITY COUNCIL this 15th #4yo!..!une, 2021.
Patricia Byers, Mayor
AGREEMENT BETWEEN THE
CITY OF YAKIMA, WASHINGTON
AND CITY OF YAKIMA PARKS AND RECREATION DIVISION, A DIVISION OF THE CITY OF
YAKIMA,
FOR CDBG SERVICES
THIS AGREEMENT is entered into this day of (v_Q , 2021,
between the City of Yakima, State of Washington ("City") in its capacity as the entitlement
applicant for CDBG funds, and the City of Yakima Parks & Recreation Division, a division of the
City of Yakima seeking to utilize CDBG funds for allowable activities and services ("Agency").
RECITALS:
1. The City is an entitlement applicant for Community Development Block Grant
(CDBG) funds under the Housing and Community Development Act of 1974 (the Act), Pub. L.
93-383 as amended, and is eligible to receive CDBG funds for the purpose of carrying out
community development and housing activities authorized under the Act and under regulations
promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR Part 570.
2. The Washington State Legislature has declared in RCW 35.21.735 that carrying
out the purposes of federal grants or programs is both a public purpose and an appropriate
function for a city; and the City desires to contract with the Agency for the services described
within this Agreement, for eligible activities under the Act and HUD regulations.
3. The City wishes to contract with the Agency for the services described in this
Agreement, for eligible activities under the Act, and HUD regulations.
AGREEMENT:
In consideration of the mutual promises contained in this Agreement, the parties agree
as follows:
PART 1 GENERAL CONDITIONS
1. Scope of Agreement
2. Scope of Project
3. Commencement and Termination of Projects
4. Administration
5. Compensation and Method of Payment
6. Failure to Perform
7. Operating Budget
8. Funding Alternatives and Future Support
9. Amendments
10. Assignment and Subcontracting
11. Hold Harmless and Indemnification
12. Insurance
13. Conflict of Interest
14. Termination
15. Reversion of Assets
PART 2 FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS
1. Procurement Standards
2. Environmental Review
3. Nondiscrimination
4. Labor Standards
5. Property Management
6. Acquisition and Relocation
7. National Flood Insurance
8. Lead -Based Paint Poisoning
9. Administrative Requirements and Cost Principles
10. Other Federal Requirements
11. Non -substitution for Local Funding
12. Public Ownership
13. Public Information
14. Lobbying
15. Religious Organizations
PART 3 EVALUATION AND RECORD KEEPING
1. General
2. Evaluation
3. Audits and Inspections
4. Records
5. Retention of Records
6. Reports
PART 4 EXHIBITS
1. Original Grant Award Letter
2. Contract Scope of Work, Completion Date and Contact Information
PART 5 ACCEPTANCE AND SIGNATURES
ATTACHMENTS:
Attachment #1:
Attachment #2:
Attachment #3:
Attachment #4:
Attachment #5:
General Information
Project Budget
Special Conditions
Records and Reporting
Project Timeline/Performance Measures
PART 1. GENERAL CONDITIONS
1. Scope of Agreement.
The Agreement between the parties consists of the signature page; the general conditions; the
Federal, State and local program requirements; the evaluation and record -keeping
requirements; each and every project Exhibit and Attachment incorporated into the Agreement;
all matters and laws incorporated in the Agreement; and any written amendments made
according to the general conditions. This Agreement supersedes any and all former
agreements applicable to projects governed by this Agreement.
2. Scope of Work.
The Agency will provide a public service as allowed under CDBG Activity 570.201(e),
specifically youth education services and programming to youth residents of the City of Yakima.
The Project is more specifically described in the Annual Action Plan as follows:
1. Miller Park Summer Playground Program
The goal of the summer playground program is to enrich the lives of the children of Yakima by
providing a safe place to participate in a variety of activities related to arts, sports, health,
education and fun.
Miller Park Summer Playground Program
June 14-August 13
Monday -Friday, 9 am — 4pm
Serving 75 elementary aged youth, and 20 middle school volunteers
Focus of the program is on social enrichment activities such as traditional and
nontraditional recreation activities, team building activities/games, sports, arts and craft
projects, science/experiments, social skills and reading.
Community literacy program includes books from the Yakima Valley Library where staff
and community volunteers read books to the participants.
The Junior Volunteer Program includes 20 junior volunteers who will assist with arts and
crafts projects and will provide mentoring and leadership to the participants throughout
the entire program.
Partner with outside agencies to provide health and safety presentations to the
participants, i.e. Delta Dental, Yakima Police Department, Red Cross, Washington State
University Health and Nutrition
2. Beyond the Bell After School Program
The goal of the Beyond the Bell program is to enrich the lives of the children of Yakima by
providing a safe place to participate in a variety of activities related to arts, sports, health,
education and fun.
Beyond, the Bell After School Program
September -December 2021
Monday -Friday, Mondays 2-6 pm, Tuesday -Friday 3-6 pm.
Serving 100 elementary aged youth, and 25 middle school volunteers
Focus of the program is on social enrichment activities such as traditional and
nontraditional recreation activities, team building activities/games, sports, arts and craft
projects, science/experiments, social skills, reading and homework assistance.
Community literacy program includes books from the Yakima Valley Library where staff
and community volunteers read books to the participants.
The Junior Volunteer Program includes 20 junior volunteers who will assist with arts and
crafts projects and will provide mentoring and leadership to the participants throughout
the entire program.
Partner with outside agencies to provide health and safety presentations to the
participants, i.e. Delta Dental, Yakima Police Department, Red Cross, Washington State
University Health and Nutrition
Youth served will be from census tracts where the majority of the population is low and
moderate income.
This Agreement and compensation to the Agency is specifically and expressly dependent upon
the City receiving an allocation of CDBG funds to pay for some or all of the services provided by
the Agency. These funds will be used exclusively to support the services indicated above. Both
parties understand that the funding from this contract may not cover all expenses incurred by
the Agency for these services. This Agreement may be amended from time to time, in
accordance with the general conditions, for the purpose of adding new projects, amending the
scope of work, or for any other lawful purpose.
3. Commencement and Termination of Programs.
A. When it is notified by HUD that funds will be released, the City shall furnish the
Agency with written notice to proceed, however, the City may reimburse the Agency
for work on a program which occurs prior to the notice to proceed, if allowed, but has
no obligation to do. No work on a project shall occur prior to the notice to proceed
without written approval from the City. Termination dates for individual programs
shall be specified in the appropriate Attachments, if appropriate. Costs incurred after
the termination date of this Agreement will not be reimbursed. The termination date
may be changed through amendment of this Agreement.
B. Upon termination of individual projects covered by this Agreement, the Agency shall
transfer to the City any CDBG funds on hand at the time of termination and any
accounts receivable attributable to the use of CDBG funds.
4. Administration.
The Agency shall appoint a liaison who shall be responsible for overall administration of CDBG
funded project(s) and coordination with the City of Yakima. The Agency shall also designate
one or more representatives who shall be authorized to sign the Voucher Reimbursement
Requests and Program Accomplishments Reports. The names of the liaison and
representatives shall be specified in the Attachment(s).
5. Compensation and Method of Payment.
A. The City shall reimburse the Agency from CDBG funds only for the activities
specified in the Scope of Work above and the Attachments in an amount not to
exceed the amount specified on Attachment #1—CDBG Appropriation.
B. The Agency shall submit a properly executed Voucher Reimbursement Request and
Program Accomplishments Form as frequently as requested by the City, but at a
minimum no less than each calendar quarter throughout the term of the Agreement.
The City will make payment to the Agency not more than thirty (30) working days
after said Reimbursement Request is received and approved by the City. The City
will issue a statement of correction in the event that the Voucher Reimbursement
Request is erroneous. Payment does not constitute final approval of the work
performed. Payment requests that do not include the program accomplishments
report will not be paid.
C. The City will pay Agency for its services on a reimbursement only basis. Any funds
received by Agency in excess of the actual expenses shall be reported to the City
immediately. The City may demand immediate return of the excess funds.
6. Failure to Perform.
If the Agency fails to comply with any terms or conditions of this Agreement or to provide in any
manner the activities or other performance as agreed to herein, the City reserves the right,
following written notice to the Agency, to withhold al! or any part of payment, suspend all or part
of the contract, or prohibit the Agency from incurring additional obligations of funds until the City
is satisfied that corrective action has been taken or completed as more specifically outlined in
the Exhibit(s) and Attachment(s) to this Agreement. The option to withhold funds is in addition
to, and not in lieu of, the City's right to termination as provided in Section 14 of the General
Conditions of this Agreement.
7. Operating Budget.
The Agency shall utilize the funds received from the City under this Agreement to provide
programs outlined in the Budget Summary found on Attachment #2. No line item expense shall
cause total expenditures charged to this Agreement to exceed the total amount appropriated to
the Agency by the City as indicated in Attachment #1—CDBG Appropriation.
8. Funding Alternatives and Future Support,
A. The Agency shall report all program income generated under this Agreement for the
purposes specified in this Agreement or generated through the program(s) funded
under this Agreement and will provide the City with the intended use of such funds.
Income that is not used to continue or benefit the program(s) funded under this
Agreement shall be returned to the City immediately and revert to the CDBG Fund
for reallocation by the City.
B. The City makes no commitment to future support and assumes no obligation for
future support of the activities contracted herein beyond the contract date, except as
expressly set forth in this Agreement.
C. Should anticipated sources of revenue become unavailable to the City for use in the
CDBG Program, the City shall immediately notify the Agency in writing and the City
will be released from all contracted liability for that portion of the Agreement covered
by funds not yet received by the City.
9. Amendments.
Either party may request modifications in the scope of permissible activities, terms, or conditions
of this Agreement. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this Agreement. A written amendment may affect a
project or projects authorized by this Agreement or may be of general application.
10. Assignment and Subcontracting;
A. The Agency shall not assign any portion of this Agreement without the written
consent of the City, and it is further agreed that said consent must be sought in
writing by the Agency not less than fifteen (15) days prior to the date of any proposed
amendment.
B. Any work or services assigned or subcontracted under this Agreement shall be
subject to each provision of this Agreement and proper bidding procedures. The
Agency agrees that it is as fully responsible to the City for the acts and omissions of
its subcontractors and their employees and agents, as it is for the acts and omissions
of its own employees and agents, as provided in paragraph 11.B.
11. Hold Harmless and Indemnification.
A. The Agency agrees that it is financially responsible for any audit exception or other
financial Toss to the City which occurs due to its negligence or its failure to comply
with the terms of this Agreement.
B. The Agency further agrees to defend, indemnify and hold harmless the City, its
elected and appointed officials, employees, and agents from and against any and all
claims, demands and/or causes of action of any kind or character whatsoever arising
out of or in connection with the performance of this Agreement by the Agency, its
employees, subcontractors, agents, or volunteers for any and all claims by any
persons for alleged personal injury, death, or damage to their persons or property to
the extent caused by the negligent acts, errors or omissions of the Agency, its
employees, agents, subcontractors, volunteers or representatives. In the event that
any suit or claim for damages based upon such claim, action, loss, or damages is
brought against the City, the Agency shall defend the same at its sole cost and
expense; provided that the City retains the right to participate in said suit if any
principle of governmental or public law is involved; and if final judgment be rendered
against the City and/or its officers, agents, and/or employees or any of them or jointly
against the City and the Agency and its respective officers, agents, subcontractors,
employees, volunteers or any of them, the Agency agrees to fully satisfy the same
and the Agency shall reimburse the City for any cost and expense which the City has
incurred as a result of such claim or suit, including, but not limited to attorneys' fees,
costs and appeal costs and fees. The provisions of this section shall survive the
expiration or termination of this Agreement.
12. Insurance.
A. The Agency shall procure and maintain for the duration of this Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the Agency, its agents,
representatives, or employees.
B. The Agency's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Agency to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
C. The Agency shall obtain insurance of the types and coverage described below:
Commercial General Liability; Commercial General Liability insurance shall
be at least as broad as ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Agency's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional
insured endorsement at least as broad as ISO CG 20 26.
ii. Commercial Automobile Liability Insurance. If Agency owns any vehicles,
before this Agreement is fully executed by the parties, the Agency shall
provide the City with proof of commercial automobile liability insurance.
Automobile liability shall apply to any auto and be shown on the certificate. In
the event Agency does not own any vehicles, or uses non -owned vehicles in
its operations, Agency shall provide proof of coverage for non -owned and
hired automobile liability
Workers' Compensation. Worker's Compensation coverage as required by
the Industrial Insurance laws of the State of Washington.
iv. Professional Liability: Professional Liability insurance appropriate to the
Agency's profession. Professional liability shall include coverage for its
employees and officers and all contracts, volunteers and individuals
performing professional services for the Agency. This requirement may be
met instead by a combination of the Agency's professional liability insurance
and professional liability insurance of all others performing services for the
Agency in the minimum amounts shown below.
D. The Agency shall maintain the following insurance limits:
Commercial General Liability. The Agency shall maintain Commercial
General Liability insurance with limits of no Tess than $2,000,000.00 each
occurrence, $2,000,000.00 general aggregate.
Commercial Automobile Liability. The Agency shall maintain either
Commercial Automobile Liability insurance and/or Non -Owned and Hired
Automobile Insurance with limits of no less than $3,000,000.00 per
occurrence combined single limit body injury and property damage
iii.. Professional Liability: The Agency shall maintain Professional Liability
insurance with limits of no less than $1,000,000.00 per claim and
$2,000,000.00 policy aggregate limit.
E. If any of the required insurance provides coverage on a claims -made basis:
The retroactive date must be on or before the date of the Agreement or the
beginning of services provided to the City. Insurance must be maintained
and evidence of insurance must be provided for at least five (5) years after
expiration or termination of the Agreement.
If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract effective
date, the Agency must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of services provided by this
Agreement.
F. The Agency's Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect to the City. Any
insurance, self-insurance, or self -insured pool coverage maintained by the City shall
be excess of the Agency's insurance and shall not contribute with it. Insurance is to
be placed with insurers with a current A.M. Best rating of not less than A:VII.
G. The Agency shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Agency before
commencement of the work.
H. The Agency shall provide the City with written notice of any policy cancellation within
five (5) business days of their receipt of such notice.
Failure on the part of the Agency to maintain the insurance as required shall
constitute a material breach of this Agreement, upon which the City may, after giving
five (5) business days' notice to the Agency to correct the breach, immediately
terminate the Agreement or, at its discretion, procure or renew such insurance and
pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against
funds due the Agency from the City.
J. If the Agency maintains higher insurance limits than the minimums shown above, the
City shall be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the Agency, irrespective of whether such limits
maintained by the Agency are greater than those required by this Agreement or
whether any certificate of insurance furnished to the City evidences limits of liability
lower than those maintained by the Agency.
K. The Agency shall not use or disclose Personal Information, as defined in RCW
19.255.010, in any manner that would constitute a violation of federal law or
applicable provisions of Washington State law. Agency agrees to comply with all
federal and state laws and regulations, as currently enacted or revised, regarding
data security and electronic data interchange of Personal information.
13. Conflict of Interest.
A. Interest of Officers, Employees, or Agents:
No officer, employee, or agent of the City or Agency who exercises any functions or
responsibilities in connection with the planning and carrying out the City of Yakima
CDBG Program, or any other person who exercises any functions or responsibilities
in connection with the City, shall have any personal financial interest, direct or
indirect, in this Agreement, and the Agency shall take appropriate steps to assure
compliance.
B. Interest of the Contractor(s) and Their Employees:
The Agency agrees that it will incorporate into every subcontract required to be in
writing, and made pursuant to this Agreement, the following or equivalent provisions:
The Contractor covenants that no person who presently exercises any functions
or responsibilities in connection with the CDBG Program has any personal
financial interest, direct or indirect, in this Agreement. The Contractor further
covenants that he or she presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of services hereunder. The Contractor further covenants that in the
performance of this Agreement no person having any conflicting interest shall be
employed. Any such interest on the part of the Contractor or the Contractor's
employees must be disclosed to the Agency and the City.
14. Suspension and Termination.
A. This Agreement is subject to suspension or termination upon 30 days written notice
by the City should:
The Agency mismanage or make improper or unlawful use of CDBG funds;
ii. The Agency fails to comply with the terms and conditions expressed herein or
the applicable regulations and directives of the Federal Government, State or
City;
CDBG funds become no longer available from the Federal Government to the
City;
iv. The Agency fails to carry out activities expressed by this Agreement; or
v. The Agency fails to submit reports or submits incomplete or inaccurate
reports in any material respect.
B. This Agreement is subject to suspension or termination upon 30 days written notice
by the Agency should:
The City fail in its commitment under this Agreement to provide funding for
services rendered, as herein provided; or
CDBG funds become no longer available from the Federal Government or
through the City.
C. This Agreement may be suspended or terminated at any time, in whole or in part,
upon the written agreement of the City and the Agency.
D. Otherwise this Agreement shall terminate on the termination date specified on
Attachment #1 and shall be subject to extension only by mutual agreement.
E. Upon termination of this Agreement, any unexpended balance of the CDBG funds
awarded through this Agreement shall lapse and remain in the City of Yakima's
CDBG fund.
F. In the event that termination occurs under paragraph A(i) of this section, the Agency
shall return to the City all funds received by Agency which were expended in
violation of the terms of this Agreement.
15. Reversion of Assets.
Upon expiration of this Agreement, the Agency shall transfer to the City any City CDBG funds
received by the Agency and previously not authorized as a reimbursement, and any accounts
receivable attributable to the use of City CDBG funds.
If the Agency ceases to use any asset acquired or improved with CDBG funds for the purpose
described in this Agreement, within five years following the termination of this Agreement, the
Agency shall pay to the City the fair market value of the asset less any portion of the value
attributable to expenditures of non-CDBG funds, but this amount should not exceed the original
purchase price of the asset.
PART 2 FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS
1. Procurement Standards.
In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable
requirements of local and State law for awarding contracts, including but not limited to
procedures for competitive bidding, contractor's bonds, and RCW 60.28.010, which addresses
retained percentages. In addition, the Agency shall comply with the requirements of the U.S.
Office of Management and Budget, as applicable, relating to bonding, insurance and
procurement standards; and all federal laws, regulations, executive orders and guidance
documents. Where Federal standards differ from local or State standards, the stricter standards
shall apply. The Federal standard for competitive bidding shall apply only if the applicable State
or local standard for competitive bidding is greater than the federal standard.
2. Environmental Rerrievv (as applicable).
A. National Environmental Policy Act:
The City retains environmental review responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 CFR Part 58). The City may require the
Agency to furnish data, information and assistance for the City's review and
assessment in determining whether an Environmental Impact Statement must be
prepared.
B. Other Federal Environmental Laws:
In decision making and action pursuant to NEPA, and otherwise under this
Agreement, the standards, policies, and regulations of the following laws and
authorities shall be followed: The National Historic Preservation Act of 1966 (16
U.S.C. 470 et. seq.) as amended, particularly section 106 (16 U.S.C. 470(f));
Executive Order 11593, Protection and Enhancement of the Cultural Environment,
May 13, 1971 (36 FR 8921 et. seq.), particularly section 2(c); the Reservoir Salvage
Act of 1960 (16 U.S.C. 469 et. seq.), particularly section 3 (16 U.S.C. 469a-1), as
amended by the Archaeological and Historic Preservation Act of 1974; Flood
Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.) as amended, particularly
sections 102(a) and 202(a)(42 U.S.C. 4012a(a) and 4106(a)); Executive Order
11988, Floodplain Management, May 24, 1977 (42 FR 26951 et. seq.), particularly
section 2(a); Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR
26961 et. seq.), particularly sections 2 and 5; the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et. seq.) as amended, particularly section 307(c) and (d)(16
U.S.C. 1456(c) and (d)); the Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f)
et. seq., and 21 U.S.C. 349) as amended, particularly section 1424(e)(42 U.S.C.
300h-303(e)); the Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as
amended, particularly Section 7 (16 U.S.C. 1536); the Wild and Scenic Rivers Act of
1968 (16 U.S.C. 1271 et. seq.) as amended, particularly section 7(b) and (c)(16
U.S.C. 1278(b) and (c)); the Clean Air Act (42 U.S.C. 7401 et. seq.) as amended,
particularly section 176(c) and (d)(42 U.S.C. 7506(c) and (d)); and HUD
environmental standards (24 CFR Part 51, Environmental Criteria and Standards (44
FR 40860-40866, July 12, 1979).
C. State Environmental Policy Act:
Agencies that are branches of government under RCW 43.21C.030 retain
responsibility for fulfilling the requirements of the State Environmental Policy Act,
RCW Chapter 43.21 C, and regulations and ordinances adopted under that Chapter.
If the Agency is not a branch of government under RCW 43.21 C.030, the City may
require the Agency to furnish data, information and assistance as necessary to
enable the City to comply with the State Environmental Policy Act.
D. Satisfaction of Environmental Requirements:
Project execution under this Agreement by either the City or the Agency shall not
proceed until satisfaction of all applicable requirements of the National and State
Environmental Policy Acts. A written notice to proceed will not be issued by the City
until all such requirements are complied with.
Nondiscrimination.
A. General:
The Agency shall comply with all Federal, State and local laws prohibiting
discrimination on the basis of age, sex, marital status, race, creed, color, national
origin, the presence of any sensory, mental or physical handicap or any other group
protected under local, state or federal law existing or hereafter created. These
requirements are specified in RCW chapter 49.60; Section 109 of the Housing and
Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights
Act of 1968, Title VIII; Executive Order 11063; Executive Order 11246; Section 3 of
the Housing and Urban Development Act of 1968; Section 504 of the Rehabilitation
Act of 1973; and, the Age Discrimination Act of 1975. Specifically, the Agency is
prohibited from taking any discriminatory actions defined in the HUD Regulations at
24 CFR 570.602(b)(1) and shall take such affirmative and corrective actions as are
required by the Regulations at 24 CFR 570.602(b)(4).
B. Specific Discriminatory Actions Prohibited:,
The Agency may not, under any program or activity to which this Agreement
may apply, directly or through contractual or other arrangements, on the
grounds of race, color, national origin, or sex:
(a) Deny any person facilities, services, financial aid, or other benefits
provided under the program or activity;
(b) Provide any persons with facilities, services, financial aid, or other
benefits which are different, or are provided in a different form, from that
provided to others under the same program or activity;
(c) Subject any person to segregated or separate treatment in any facility or
in any matter or process related to receipt of any service or benefit under
the program or activity;
(d) Restrict in any way access to, or in the enjoyment of, any advantage or
privilege enjoyed by others in connection with facilities, services, financial
aid, or other benefits under the program or activity;
(e) Treat any person differently from others in determining whether the
person satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which individuals must meet in order to be
provided any facilities, services or other benefit provided under the
program or activity; or
(f) Deny any person any opportunity to participate in a program or activity as
an employee.
The Agency shall not use criteria or methods of administration that have the
effect of subjecting individuals to discrimination on the basis of race, color,
national origin, or sex, or have the effect of defeating or substantially
impairing accomplishment of the objectives of the program or activity with
respect to individuals of a particular race, color, national origin, or sex.
The Agency, in determining the site or location of housing or facilities
provided in whole or in part with funds under this part, may not make
selections of such site or location that have the effect of excluding individuals
from, denying them the benefits of, or subjecting them to discrimination on
the grounds of race, color, national origin, or sex; or which have the purpose
or effect of defeating or substantially impairing the accomplishment of the
objectives of the Act or of the HUD Regulations.
C. Fair Housing (as applicable):
The Agency shall take necessary and appropriate actions to prevent discrimination in
federally assisted housing and lending practices related to loans insured or
guaranteed by the Federal government. (Civil Rights Act of 1968, Title VII; Executive
Order 11063).
D. Employment
In all solicitations under this Agreement, the Agency shall state that all
qualified applicants will be considered for employment. The words "equal
opportunity employer" in advertisements shall constitute compliance with this
section.
The Agency shall not discriminate against any employee or applicant for
employment in connection with this Agreement because of age, sex, marital
status, race, creed, color, national origin, or the presence of any sensory,
mental, or physical handicap, except when there is a bona fide occupational
limitation. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training. (RCW chap. 49.60; Executive Order 11246 as
amended).
To the greatest extent feasible, the Agency shall provide training and
employment opportunities for lower -income residents within the area served
by CDBG assisted projects (Section 3, Housing and Urban Development Act
of 1968, as amended).
E. Contractors and Suppliers:
No contractor, subcontractor, union, or vender engaged in any activity under
this Agreement shall discriminate in the sale of materials, equipment or labor
on the basis of age, sex, marital status, race, creed, color, national origin, or
the presence of any sensory, mental, or physical handicap. Such practices
include: employment, upgrading, demotion, recruiting, transfer, layoff,
termination, pay rate, and advertisement for employment. (RCW Chap. 49.60;
Executive Order 11246 as amended).
All firms and organizations described above shall be required to submit to the
Agency certificates of compliance demonstrating that they have, in fact,
complied with the foregoing provisions; provided, that certificates of
compliance shall not be required from firms and organizations with fewer than
25 employees or on contracts and/or yearly sales of less than $10,000.00.
To the greatest extent feasible, the Agency shall purchase supplies and
services for activities under this Agreement from vendors and contractors
whose businesses are located in the area served by CDBG-funded activities
or owned in substantial part by program area residents. (Section 3, Housing
and Urban Development Act of 1968, as amended).
iv. CDBG funds shall not be used directly or indirectly to employ, award
contracts to, or otherwise engage the services of, or fund any contractor or
subrecipient during any period of debarment, suspension, or placement in
ineligibility status under the provisions of 24 CFR Part 24.
F. Notice:
The Agency shall include the provisions of the appropriate subsections A, B,
C, D, and E of this Section 3 entitled "Nondiscrimination" as required by law,
and shall send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding a
notice advising the said labor union or worker's representative of the
commitments made in these subsections.
In advertising for employees, goods or services for the activities under this
Agreement, the Agency shall comply with all federal laws, regulations,
executive orders and guidelines, including, but not limited to OMB 2CFR-200.
Agencies shall be considered to be in compliance with this provision if at least
one of the following steps is taken: (a) advertise in a minority publication in
addition to publication of general circulation; (b) utilize a minority contractors
bidding center; or (c) utilize a local affirmative action office and/or certified
minority/women's business enterprise directory.
4. Labor Standards.
The Agency shall require that project construction contractors and subcontractors pay their
laborers and mechanics at wage rates in accordance with the Davis -Bacon Act, as amended
(40 U.S.C. sections 276(a)-276(a)(5)), and that they comply with the Copeland "Anti -Kickback"
Act (40 U.S.C. 276(c)) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327
et. seq.) as prescribed at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not
apply to rehabilitation of residential property designed for residential use by fewer than eight
families.
5. Property anaement.,
A. The Agency agrees that any non -expendable personal property (capital equipment),
purchased wholly or in part with project funds at a cost of $5,000.00 or more per
item, is upon its purchase or receipt the program property of the City and/or Federal
government. Final ownership and disposition of such property shall be determined
under the applicable provisions of federal law, including, but not limited to, 2 CFR
200.
B. The Agency shall be responsible for all such property, including its care and
maintenance, at the Agency's expense.
C. The Agency shall admit the City's property management officer to Agency's premises
for the purpose of marking such property, as appropriate, with City property tags.
D. The Agency shall meet the following procedural requirements for all such property:
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; and location, use, and condition of the
property.
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.
A control system shall be in effect to ensure adequate safeguards to prevent
and/or minimize loss, damage, or theft of the property. Any such loss,
damage or theft of property shall be investigated and fully documented.
iv. Adequate maintenance procedures shall be implemented to keep the
property in good condition.
6. Acquisition and Relocation.
A. Any acquisition of real property by a State Agency for any activity assisted under
this Agreement shall comply with the Federal Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform
Act)(42 U.S.C. 4601 et. seq.) and the Regulations at 24 CFR Part 42.
B. Implementation of any program provided for in this Agreement will be undertaken in
a manner so as to minimize involuntary displacement of persons, businesses,
nonprofit organizations, or farms to the greatest extent feasible.
C. Any displacement of persons, businesses, nonprofit organizations, or farms
occurring as the result of acquisition of real property assisted under this Agreement
shall comply with the Uniform Act, the Regulations at 24 CFR Part 42, and the City of
Yakima's displacement policy required by Federal CDBG regulations at 24 CFR
570.305. The Agency shall comply with the Regulations pertaining to costs of
relocation and written policies, as specified by 24 CFR 570.602(c) and (d).
7. National Flood Insurance.
To the extent indicated by 24 CFR 570.605, the Agency shall comply with the flood insurance
purchase requirements of Section 202(a) of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et. seq. and the Federal regulations issued under that statute). The Agency shall
comply with the Regulations at 24 CFR section 570.605.
8. Lead -Based Paint Poisoning,
The Agency shall comply with the HUD Lead -Based Paint Regulations (24 CFR Part 35) issued
pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. sections 4831 et. seq.)
requiring prohibition of the use of lead -based paint (whenever funds under this Agreement are
used directly or indirectly for construction, rehabilitation, or modernization of residential
structures) and notification of the hazards of lead -based paint poisoning to purchasers and
tenants of residential structures constructed prior to 1950.
9. Administrative Requirements and Cost Principles.
A. If the Agency is a governmental entity, the Agency shall comply with the
requirements and standards of OMB Circular A-128, "Audits of State and Local
Government," and Circular A-87, "Principles for Determining Costs Applicable to
Grants and Contracts with State, Local and Federally recognized Indian Tribal
Governments," and with 2 CFR Part 200.
B. If the Agency is not a governmental entity, the Agency shall comply with the
requirements and standards of 2 CFR Part 200, and all other applicable federal laws,
regulations, executive orders and guidelines.
10. Other Federal Requirements.
The absence of mention in this Agreement of any other Federal requirements which apply to the
award and expenditure of the Federal funds made available by this Agreement is not intended
to indicate that those Federal requirements are not applicable to Agency activities. The Agency
shall comply with all other Federal requirements relating to the expenditure of Federal funds,
including but not limited to: The Architectural Barriers Act of 1968 (42 U.S.C. 4151), and the
Hatch Act (5 U.S.C. Chapter 15). Additionally, the Agency shall comply with the Federal
requirements described by 24 CFR Part 570, Sections 600 through 603; Section 605; and
Sections 607 through 612.
11. Nonsubstitution for Local Funding,
The CDBG funding made available under this Agreement shall be used only for eligible program
expenses.
12. Public Ownership.
For Agencies that are not municipal corporations organized under the laws of the State of
Washington, it may become necessary to grant the City a property interest where the subject
project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of
publicly owned facilities and improvements. The Agency shall comply with current City
requirements regarding transfer of a property interest sufficient to meet any public ownership
requirement imposed by law.
13. Public Information.
A. In all news releases and other public notices related to programs funded under this
Agreement, the Agency shall include information identifying a source of funds as the
"City of Yakima CDBG Program."
B. For all construction projects the Agency shall erect a sign to City specifications at the
construction site, identifying the source of funds, except that this requirement may be
waived for construction projects of $100,000.00 or Tess.
C. The Agency acknowledges that this Agreement and any other information provided
by it to the City and/or relevant to the program(s) described in the Exhibit(s) and
Attachment(s) are subject to the Washington State Public Records Act, Chapter
42.56 RCW.
14. Lobbying,
The Agency certifies, to the best of its knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer of
employee of any Agency, a Member of Congress, an officer or employee or
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal agreement, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The Agency shall require that the language of this certification, or equivalent
language, be included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each
such failure.
15. Religious Organizations.
The Agency will comply with all federal requirements concerning religious organizations and the
use of Community Block Grant funds. All services delivered must be dispensed in a clearly non-
sectarian manner, devoid of any religious influence.
PART 3 EVALUATION AND RECORD KEEPING
1. General.
The Agency agrees to maintain records and provide reports as listed in Attachment #4 of this
Agreement, and as defined in this Part, below.
2. Evaluation.
The Agency shall participate with the City in any evaluation project or performance report
required by the Federal Agency. Further, the Agency agrees to participate with the City in any
mutually -agreed upon or reasonable evaluation project or performance report as requested by
the City. In either situation, the Agency agrees to make available all information required by any
such evaluation process.
3. Audits and Inspections.
The records and documents with respect to all matters covered by this Agreement shall be
subject at all times to inspection, review or audit by the City, Federal, or State officials so
authorized by law during the performance of this Agreement and during the period of retention
specified in this Part 3.
A. Audits. The Agency will provide at or before the contract signing a copy of the
Agency's most recent audit. The Agency will provide to the City a copy of the
Agency's most recent audit for each year in which a contract for use of CDBG funds
exists with the City. Failure to provide such audit will be considered a material
breach of the Agreement and result in a refund to the City of all moneys paid or due
under the Agreement.
B. Audit Requirements. Agencies receiving $750,000.00 or more in federal funds will
provide to the City the above required audits conducted in a manner required by 2
CFR Part 200 Uniform Guidance —Subpart F.
4. Records.
The Agency shall maintain a certified public audit for the City Community Development Block
Grant year in which the funds are awarded and through each Community Development Block
Grant year or portion thereof, in which the funds are used or a contract exists between the
Agency and the City as required by 2 CFR Part 200 or other applicable federal law. As required
by HUD Regulations, 24 CFR Part 570, the Agency shall compile and maintain the following
records:
A. Financial Management. Such records shall identify adequately the source and
application of funds for activities within this Agreement, in accordance with the
applicable provisions federal law, regulation, executive order or guidelines,
including, but not limited to 2 CFR Part 200. These records shall contain
information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays, and income.
B. Relocation. If applicable, Agency record keeping must comply with the Uniform Act
implementing regulations at 24 CFR Part 42. Indication of the overall status of the
relocation workload and a separate relocation record for each person, business,
organization, and farm operation displaced or in the relocation workload must be
kept.
C. Property Acquisition. If applicable, Agency files must contain a separate acquisition
file for each acquisition process documenting compliance with the implementing
regulations for the Uniform Act at 24 CFR Part 42. Major requirements include: (a)
invitation to owner to accompany appraiser during inspection, (b) at least one
property appraisal, (c) statement of basis for determination of just compensation, (d)
written offer of just compensation, (e) all documents involving conveyance, (f)
settlement cost reporting statement, and (g) notice to surrender possession of
premises.
D. Equal Opportunity. The Agency shall maintain racial, ethnic, and gender data
showing the extent to which these categories of persons have participated in, or
benefited from, the activities carried out under this Agreement. The Agency shall
also maintain data which records its affirmative action in equal opportunity
employment, and its good -faith efforts to identify, train, and/or hire lower -income
residents of the program area and to utilize business concerns which are located in
or owned in substantial part by persons residing in the area of the program.
E. Labor Standards. Records shall be maintained regarding compliance of all
contractors performing construction work under this Agreement with the labor
standards required by federal law, and any State labor standards, as applicable.
F. Miscellaneous Records. The Agency shall maintain such other records as may be
required by HUD or the City. Such records shall include, but shall not be limited to, a
separate and current file for each CDBG grant award, containing copies of originals
of the following:
Grant Award Letter.
ii. Notice to Proceed and/or equivalent written approval from City.
Project or program related authorizations, motions, resolutions or meeting
minutes of the Agency's governing body.
iv. Contract Attachments, Exhibits and any amendments thereto.
v. This Agreement and any amendments thereto.
vi. Voucher reimbursement requests and program accomplishment reports.
vi. Bills for payment.
viii, Approved vouchers and warrants.
ix. Where CDBG funds will support Agency staff salary and/or fringe benefit
costs, payroll time sheets signed by the employee and the employee's
supervisor, annotated to document percent of time charged against the
project if less than full time.
x. Where CDBG funds will be used to offset the cost of communications, travel
and office supplies, and where these costs are shared with other programs
and an invoice is available, documentation such as log sheets (for copy
machine use, odometer readings, etc.). As an alternative, annotated invoices
may be used to document charges as appropriate.
xi. In capital projects where CDBG funds will be used to hire physical laborers
and/or tradespeople (regardless of Davis -Bacon applicability to the project),
hours that these employees worked, and their rate of pay per hour.
Additionally, each program file shall include documentation on all persons who have
benefited from the program, as follows: residence status (City of Yakima resident,
non -City of Yakima resident); income status based on federal poverty levels; and
ethnic status (white, black American Indian or Alaskan Native, Hispanic, Asian or
Pacific Islander).
5. Retention of Records.
Required records shall be retained for a period of three (3) years after termination of this
Agreement, except as follows: (1) Records that are the subject of audit findings shall be retained
for three (3) years after the program ends or three years after such findings have been resolved,
whichever is longer; and (2) records for nonexpendable property shall be retained for three (3)
years after its disposition. Nonexpendable property is defined in 2 CFR 200.333.
6. Reports.
The Agency shall submit such reports as required by the City at such times as required by the
City, including at any time after this Agreement has expired. Notwithstanding any other provision
of this Agreement to the contrary, the reports required by the City shall be submitted by the
Agency no less than on an annual basis. Such reports shall also be submitted prior to contract
completion.
Part 4 EXHIBITS
The following exhibits are incorporated herein by reference:
1. Original Grant Award Letter
2. Contract Scope of Work, Completion Date and Contact Information
Part 5
ACCEPTANCE AND SIGNATURES
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF YAKIMA
frti
atriota Byers, Mayor
Atla
Sonya C!aarj e, City Clerk
Approved as to Form:
CITY OF YAKIMA, PARKS & RECREATION
Robert Harrison, City Manager
;
,or -
r41
4;s1;
41,-
Sara Watkins, City Attorney
CITY CONTRACT
RESOLUTION NO: 0
ATTACHMENT #1
CONTRACT GENERAL INFORMATION
PROJECT NO,: 2021-
TITLE: WASHINGTON FRUITY & PRODUCE COMMUNITY
CENTER
PROJECT SUMMARY: WFCC—Youth Activities
ELIGIBILITY: Public Service
NATIONAL OBJECTIVE: Area Benefit
CDBG APPROPRIATION; $50,000.00
TYPE OF PROJECT: Public Service
PROJECT LOCATION: 602 North 4th Street, Yakima, WA 98901
Washington Fruit & Produce Community Center (WFCC)
SPECIAL CONDITIONS: See Attachment #3: Special Conditions
TERMINATION DATE: December 31, 2021
CONTACT PERSON: Ken Wilkinson
TITLE: Parks & Recreation Division Manager
MAILING ADDRESS: 2301 Fruitvale Blvd., Yakima, Washington, 98902
LOCATION ADDRESS: Same as Mailing Address
PHONE NUMBER: (509) 576-6416
EMAIL: Kenneth.wilkinson@yakimawa.gov
PERSONS AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND
PROGRAM ACCOMPLISHMENTS FORM:
NAME/TITLE:
SIGNATURE:
(optional) NAME/TITLE:
SIGNATURE:
STEVEN GROOM, FINANCE DIRECTOR
SCOTT SCHAFER, PUBLIC WORKS DIRECTOR
AMENDED
ATTACHMENT #1
CONTRACT GENERAL INFORMATION
PROJECT NO.: 2021-
CFDA#: 14.218
TITLE: WASHINGTON FRUIT & PRODUCE COMMUNITY
CENTER
PROJECT SUMMARY: WFCC—Youth Activities
ELIGIBILITY: Public Service
NATIONAL OBJECTIVE: Area Benefit
CDBG APPROPRIATION; $50,000.00
TYPE OF PROJECT: Public Service
PROJECT LOCATION: 602 North 4th Street, Yakima, WA 98901
Washington Fruit & Produce Community Center (WFCC)
SPECIAL CONDITIONS: See Attachment #3: Special Conditions
TERMINATION DATE: December 31, 2021
CONTACT PERSON: Ken Wilkinson
TITLE: Parks & Recreation Division Manager
MAILING ADDRESS: 2301 Fruitvale Blvd., Yakima, Washington, 98902
LOCATION ADDRESS: Same as Mailing Address
PHONE NUMBER: (509) 576-6416
EMAIL: Kenneth.wilkinson@yakimawa.gov
PERSONS AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND
PROGRAM ACCOMPLISHMENTS FORM:
NAME/TITLE:
SIGNATURE:
(optional) NAME/TITLE:
SIGNATURE:
JENNIFER FERRER-SANTA INES, FINANCE DIRECTOR
SCO.TT SFHAFEUBLICWORKS DIRECTOR
ATTACHMENT #2
PROJECT BUDGET
PROJECT NO.: TITLE:
OVERVIEW
Agency's activities occur generally at the Washington Fruit & Produce Community Center
(WFCC), a facility owned by the City of Yakima and located in Northeast Yakima.
Services provided under this Agreement will focus on youth, educational skills, job skills and
opportunities for low to moderate income youth, most of whom come from the surrounding
neighborhoods.
Therefore, costs for all WFCC programs, including those noted below, will be charged to funding
sources in a manner that will maximize the utilization of available funds, which may change from
time to time during the year. Thus, amounts to be charged to each program under this
Agreement cannot be specifically identified at this time. However, the Agency will provide the
programs stated below and the total costs charged to the City under this Agreement for those
services will not exceed the City's authorized amount as reflected in Attachment #1.
SUMMARY OF PROGRAMS TO BE PROVIDED WITHIN CDBG GRANT:
Miller Park Summer Playground Program
June 14-August 13
Monday -Friday, 9 am — 4pm
Serving 75 elementary aged youth, and 20 middle school volunteers
Focus of the program is on social enrichment activities such as traditional and nontraditional
recreation activities, team building activities/games, sports, arts and craft projects,
science/experiments, social skills and reading.
Community literacy program includes books from the Yakima Valley Library where staff and
community volunteers read books to the participants.
The Junior Volunteer Program includes 20 junior volunteers who will assist with arts and crafts
projects and will provide mentoring and leadership to the participants throughout the entire
program.
Partner with outside agencies to provide health and safety presentations to the participants, i.e
Delta Dental, Yakima Police Department, Red Cross, Washington State University Health and
Nutrition
Beyond the Bell After School Program
September -December, 2021
Monday -Friday, Monday's 2-6 pm, Tuesday -Friday 3-6 pm.
Serving 100 elementary aged youth, and 25 middle school volunteers
Focus of the program is on social enrichment activities such as traditional and nontraditional
recreation activities, team building activities/games, sports, arts and craft projects,
science/experiments, social skills, reading and homework assistance.
Community literacy program includes books from the Yakima Valley Library where staff and
community volunteers read books to the participants.
The Junior Volunteer Program includes 20 junior volunteers who will assist with arts and crafts
projects and will provide mentoring and leadership to the participants throughout the entire
program.
Partner with outside agencies to provide health and safety presentations to the participants, i.e
Delta Dental, Yakima Police Department, Red Cross, Washington State University Health and
Nutrition
The Agency will submit quarterly or monthly performance information to the City along with its
invoice to provide City with evidence that Agency is meeting its performance responsibilities
under this Agreement.
ATTACHMENT #3
SPECIAL CONDITIONS
1. Resolution # In accordance with the legislative intent of the City Council as
expressed in its 2021 Annual Action Plan adopted by Resolution # , the Agency
must:
Provide public services at the Washington Fruit and Produce Community Center: 602
North 4th Street, Yakima, Washington, 98901. Planned activities include, but are not
limited to (please see above and the project timeline below for a more detailed
description of the services offered):
Miller Park Summer Playground Program
June 14-August 13
Monday -Friday, 9 am — 4pm
Serving 75 elementary aged youth, and 20 middle school volunteers
Focus of the program is on social enrichment activities such as traditional and
nontraditional recreation activities, team building activities/games, sports, arts
and craft projects, science/experiments, social skills and reading.
Community literacy program includes books from the Yakima Valley Library
where staff and community volunteers read books to the participants.
The Junior Volunteer Program includes 20 junior volunteers who will assist with
arts and crafts projects and will provide mentoring and leadership to the
participants throughout the entire program.
Partner with outside agencies to provide health and safety presentations to the
participants, i.e Delta Dental, Yakima Police Department, Red Cross,
Washington State University Health and Nutrition
Beyond the Bell After School Program,
September -December, 2021
Monday -Friday, Mondays 2-6 pm, Tuesday -Friday 3-6 pm.
Serving 100 elementary aged youth, and 25 middle school volunteers
Focus of the program is on social enrichment activities such as traditional and
nontraditional recreation activities, team building activities/games, sports, arts
and craft projects, science/experiments, social skills, reading and homework
assistance.
Community literacy program includes books from the Yakima Valley Library
where staff and community volunteers read books to the participants.
The Junior Volunteer Program includes 20 junior volunteers who will assist with
arts and crafts projects and will provide mentoring and leadership to the
participants throughout the entire program.
Partner with outside agencies to provide health and safety presentations to the
participants, i.e Delta Dental, Yakima Police Department, Red Cross,
Washington State University Health and Nutrition
2. Timely Progression ofProject. The Agency agrees that itwill complete the above project
in a bnne|y manner, and comply with the timeline as set forth in Attaohmont#4. Project
Time Line.
3. Limitations on Expendituresand Adjustments: In the event that the City receives less
CC)BGrevenues than originally estimated inthe CC)BGbudget ordinance, the Agency
will receive a proportionately equal reduction in its appropriation relative tmthe total
decrease intotal CDBGrevenues. The amount ofCC)BGfunds available tmthe Agency
iestipulated inthe "Notice ofGrant Award"|fthe amount ofCOBGfunds available to
the agency is less than appropriated, then the City will notify the Agency in writing when
additional CC)BGfunds become available.
4. Termination ofthe Contract. This Agreement between the City ofYakima and
Opportunities Industrialization Center ofWashington shall terminate onDecember 31.
2021. In accordance with the terms of the Agreement, all unspent CDBG funds at the
time of termination shall lapse and return to the City of Yakima's CDBG fund.
5. Public Information. The stipulations ofSection 13/FAofthe Agreement regarding the
ATTACHMENT #4
PROGRAM TIMELINE
Part 1. Schedule by Task
Milestones Projected'
Enroll up to 75 youth in the Miller Park
Summer Playground Program Ongoing through August, 2021
Enroll up to 20 Jr. Volunteers for the Miller
Park Summer Playground Program Ongoing through August, 2021
Enroll up to 100 youth in the Beyond the Bell
after School Program Ongoing through December, 2021
Enroll up to 25 Jr. Volunteers for the Beyond
the Bell after school program Ongoing Sept- Dec, 2021
Enroll up to 80 youth in the Red Cross
Passport to preparedness program Ongoing Sept- Dec, 2021
Host monthly Cupcakes with the Cops
program for up to 80 youth September -December, 2021
Provide homework assistance for up to 80 youth Ongoing Sept -Dec, 2021
Part 2. Expenditure Rate
Reimbursement Period CDBG Funds "ouch red Projected;
1st Period (07/01/21-09/30/21) $25,000.00
2nd Period (10/01/21-12/31/21) $25,000.00
ATTACHMENT #5
PROGRAM TIMELINE/PERFORMANCE MEASUREMENTS
All CDBG subrecipients must bill the City in order to access funds from their grant. The City
advances funds to subrecipients in order to expedite payments and then requests a drawdown
from HUD to reimburse the City fund. This is how HUD keeps track of our timely Expenditure
Requirement and if you do not bill, the City cannot meet its drawdown requirement. Checks are
available generally within 30 days from the date your payment is processed. Payment request
forms will be customized to your specific activity.
1. Quarterly or monthly payment request forms record expenditures incurred by the
organization for a given period.
2. Quarterly or monthly service unit reports the number of youth served in each project
funded by this Agreement and other contract -established service units.
3. Agency shall provide a Demographic reports maintain data on direct beneficiaries
who were assisted with the funds requested with each quarterly or monthly report.
Payment requests that do not include a Demographic report will not be processed,
Reimbursement Schedule:
1. The Agency must submit a request for reimbursement at least once a quarter and
may submit such a request on a monthly basis, beginning with the date of this
Agreement, and applicable to all costs incurred toward this grant beginning on June
15, 2021.
2. Failure to submit a request for reimbursement, at least quarterly, in accordance with
Part 1, Section 5 of this Agreement may cause the City to consider the Program
abandoned and the CDBG funds made available for re -appropriation. Continued
failure to request reimbursement and submit required performance reports will cause
the City to take corrective action as it deems necessary.
3. The City shall reimburse the Agency for its expenses to be paid under this
Agreement within the thirty (30) days following the receipt of a complete Voucher
Reimbursement Request.
4. Final payment at the termination of this Agreement shall be requested within 30 days
of the termination of this Agreement.
Required Contents of Reimbursement Request:
1. Reimbursement requests shall include Agency name, address, contact information,
accomplishment data, budget information, and client income verification; receipts
providing proof of expenditures or other documentation supporting the request for
reimbursement; and an indication or showing of how the Agency has progressed
toward its goals as set forth in Attachment #4.
2. Failure to properly submit a reimbursement request, will result in non-payment.
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 10.
For Meeting of: June 15, 2021
ITEM TITLE: Resolution authorizing an agreement with the Parks & Recreation
Division of the City of Yakima for $50,000.00 of CDBG funding for
youth programming and services at the Washington Fruit and
Produce Community Center
SUBMITTED BY: Archie Matthews, ONDS Manager
SUMMARY EXPLANATION:
This Agreement sets forth the terms and conditions for the City's Parks & Recreation Division to
receive CDBG money for youth programming and services, including data collection,
programming requirements, and federal requirements associated with the grant money. This
agreement is for the remaining months of 2021, ending December 31, 2021.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description
reso
reeen bet n Y arks reation
vision for Funding
Upload Date
/ 111201
7/0
Type
Memo
ntract