HomeMy WebLinkAboutR-2021-137 Resolution authorizing acceptance of grant of $8,000 from the Washington State Department of Archaeology and Historic Preservation (DAHP) for the purpose of preparing a nomination application for a Fruit Row National Historic DistrictA RESOLUTION
RESOLUTION NO. R-2021-137
authorizing acceptance of a grant of $8,000 from the Washington State
Department of Archaeology and Historic Preservation (DAHP) for the
purpose of preparing a nomination application for a Fruit Row National
Historic District.
WHEREAS, the City of Yakima is a recognized Certified Local Government (CLG),
which is a program that helps local governments to actively participate in preserving
Washington's historic and cultural resources; and
WHEREAS, DAHP has an annual Historic Preservation Fund grant open to recognized
CLGs to conduct architectural and historical or archaeological surveys to accumulate data for
comprehensive planning; and
WHEREAS, the City of Yakima Historic Preservation Commission held a meeting on
March 24, 2021, and agreed to submit a grant application to DAHP for the purpose of hiring a
consultant to write a nomination for a Fruit Row National Historic District, for the purpose
continuing preservation planning efforts in Yakima; and
WHEREAS, the City submitted a grant application to DAHP for $8,000 to hire a
consultant who will combine the information the City has obtained over the past five years on
the area along First Avenue, commonly referred to as "Fruit Row", submit an application for
Nomination to the National Register for a Historic District; and
WHEREAS, the City of Yakima has been awarded a $8,000 grant to hire a consultant
and prepare a nomination application; and
WHEREAS, in order to complete the requirements of this grant, the City of Yakima
intends to subcontract with a professional preservation firm: 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 accept the DAHP grant and subcontract to conduct the inventory of
the buildings on South Naches Avenue between Yakima Avenue and Race Street now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with the Washington State
Department Archaeology and Historic Preservation in the amount of Eight Thousand dollars
($8,000) to hire a consultant to write and submit a nomination to the National Register of
Historic Places. A copy of the agreement is attached hereto.
ADOPTED BY THE CITY COUNCIL this 19th day of October 2021.
P ricia Byers, yor
SO -Kira ClaaTTe, City Clerk
N,
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.L.
For Meeting of: October 19, 2021
Resolution authorizing grant acceptance from the Department of
Archaeology and Historic Preservation for the creation and
submission of an application to create a Fruit Row National Historic
District
SUBMITTED BY: Joseph Calhoun, Planning Manager (509) 575-6042
Trevor Martin, Senior Planner (509) 575-6162
SUMMARY EXPLANATION:
The Washington State Department of Archaeology and Historic Preservation has awarded the
City of Yakima $8,000 in grant funds to assist with the creation and submission of an application
to Nominate the "Fruit Row" area within the City of Yakima as a National Historic District. The
Planning Division intends to use this grant funding to hire a professional consultant. The attached
resolution formalizes acceptance of this grant fund.
ITEM BUDGETED:
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
D Kesolution TOF L,rant Acceptance 10/7/2021
D Grant Agreement between DAHP and City of Yakima 9/29/2021
Type
Backup Material
Backup Material
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Sam,
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
Federally Funded Grant Agreement
Between
Washington State
Department of Archaeology and Historic Preservation
and
City of Yakima
Grant No.: FY22-CLG-YAKIMA
Grant Title: Certified Local Government — City of Yakima
Effective Date: October 1, 2021
Expiration Date: September 30, 2022
Grant Amount: $8,000.00
Federal Grant No.: N/A
CFDA No.: 15.904
Grant Purpose
FRUIT ROW NATIONAL REGISTER HISTORIC DISTRICT NOMINATION
AREA: Approximately 20 properties. The portion of N. 1st Avenue between W.
Yakima Avenue to the south and W. D Street to the north.
This agreement is made between The Department of Archaeology and Historic
Preservation (DAHP) hereinafter referred to as the DEPARTMENT, and City of
Yakima hereinafter referred to as the GRANTEE.
Parties' Contact Information
DAHP Contact Person: Michelle Thompson (360) 890-2617
Email: michelle.thompson@dahp.wa.gov
DAHP Contact Person: Marivic Quintanilla (360) 870-6383
Email: marivic.quintanilla@dahp.wa.gov
GRANTEE Contact Person: Trevor Martin (509) 575-6162
Email: trevor.martin@yakimawa.gov
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 1 of 20
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Allyson Brooks Ph.D., Director
State Historic Preservation Officer
Section 1. Responsibilities of the GRANTEE
A. The GRANTEE will perform or cause others to perform the work described
in the "Scope of Work" (Attachment 1). Additional special conditions or
specifics about the work required by this agreement, if any, are in
attachments as enumerated and described in Section 3. The GRANTEE
agrees to perform the work in accordance with any such special conditions
or specifics.
B. The GRANTEE understands that the work called for under this agreement
must conform to federal administrative requirements as they relate to the
DEPARTMENT, and the GRANTEE agrees to comply with all such
requirements. The following documents summarize some of these
requirements and are incorporated herein and made a part hereof as
though set forth in full:
(1) The requirements of 2 CFR Part 200, Subpart F (formerly OMB
Circular A-133 for States, Local Governments, and Non-profit
organizations.)
(2) The "Secretary of Interior Standards and Guidelines for
Archaeology and Historic Preservation." All work under this
contract must be in compliance with the relevant Secretary's
Standards and Guidelines e.g. Preservation Planning, Identification,
Evaluation, Registration, Historic Research and Documentation,
Architectural and Engineering Documentation, Archeological
Investigation, Historic Preservation Projects, and Preservation
Terminology.
(3)
The Secretary of the Interior's "Historic Preservation Fund Grants
Manual." - Latest Revision, June 2007.
(4) Historic Preservation Fund Annual Grant Manual and Application,
and any Federal budget changes/special conditions applicable
thereto.
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 2 of 20
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(5)
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
43 CFR 17 Civil Rights, Subpart A, Implementing Title VI of the
Civil Rights Act of 1964; and Subpart B, Implementing Section 504
of the Rehabilitation Act of 1973; and Subpart C, Implementing the
Age Discrimination Act of 1975; and subpart E, Enforcement of
Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of the Interior.
(6) Americans with Disabilities Act of 1990, 42 U.S.C. 1201 et seq.
(ADA) providing comprehensive civil rights to individuals with
disabilities in the areas of employment, public accommodations,
state and local government services, and telecommunications.
c. The GRANTEE agrees to comply with the restrictions of 18 U.S.C. 1913
concerning lobbying with appropriated funds, which provides substantially
as follows: "No part of the money appropriated by any enactment of
Congress shall, in the absence of express authorization by Congress, be
used directly or indirectly to pay for any personal service, advertisement,
telegram, telephone, letter, printed or written matter, or other device,
intended or designed to influence in any manner a Member of Congress,
to favor or oppose, by vote or otherwise, any legislation or appropriation
by Congress, whether before or after the introduction of any bill or
resolution proposing such legislation or appropriation; but this shall not
prevent officers or employees of the United States or its departments or
agencies from communicating to Members of Congress at the request of
any Member, or to Congress through the proper official channels, requests
for legislation or appropriations which they deem necessary for the
efficient conduct of the public business."
D. The GRANTEE agrees to maintain records in a manner which will provide
an audit trail to all expenditures reported to the DEPARTMENT. The
GRANTEE agrees to keep these records for at least six years following
the ending date of the grant. In the event that an audit of the GRANTEE or
of the DEPARTMENT should take exception to any expenditure by the
GRANTEE, the GRANTEE agrees to refund to the DEPARTMENT on
demand the amount determined by the audit as due. In the event that the
DEPARTMENT is required to institute legal proceedings to enforce this
repayment provision, the DEPARTMENT shall be entitled to its costs
State of Washington • Department of Archaeology B. Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 3 of 20
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Allyson Brooks Ph.D., Director
State Historic Preservation Officer
thereof, including reasonable attorney's fees. When arranging for an audit,
the DEPARTMENT should contact the following GRANTEE
representative:
Trevor Martin (509) 575-6162
Email: trevor.martin@yakimawa.gov
E. The GRANTEE agrees to pay all the costs involved in carrying out the
terms of this agreement prior to seeking reimbursement as provided for in
Section 2A. When seeking reimbursement, the GRANTEE will submit a
completed reimbursement form in writing to the DEPARTMENT and
provide such documents as an affidavit of publication for newspaper
advertising soliciting bids, contracts, photocopies of canceled checks and
invoices, and other documents as may be requested by the
DEPARTMENT. The DEPARTMENT will provide the GRANTEE with the
reimbursement form and guidelines for financial reporting procedures. The
GRANTEE agrees to submit its request for reimbursement within thirty
(30) days following completion of the work.
F. The GRANTEE agrees to provide the DEPARTMENT with a completion
report following a form provided by the DEPARTMENT. The GRANTEE
will submit this report on or before the end date. The GRANTEE agrees
that the DEPARTMENT shall have the right to withhold all or part of the
payment under Section 2A pending receipt of this completion report.
G. The GRANTEE agrees that the "Budget" (Attachment 3) shall be a
financial guide for the work called for by this agreement. The GRANTEE
may exceed the budgeted amounts, but this shall in no way obligate the
DEPARTMENT for a greater amount than that stipulated as
DEPARTMENT share, and in no event shall the DEPARTMENT be
obligated for a greater amount than the Grant Amount. In the event that
the GRANTEE should spend less than the budgeted amount on an object
or element in the budget, the DEPARTMENT may either reduce its
obligation proportionately or it may terminate this agreement. The
GRANTEE agrees to maintain records which will render an accurate
accounting by the elements or objects in the budget. The actual
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 4 of 20
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Allyson Brooks Ph.D., Director
State Historic Preservation Officer
expenditures for the amounts reflected in the budget may vary by 15
percent without requiring an amendment to this grant agreement.
H. The GRANTEE agrees that the DEPARTMENT shall have the right to
terminate this agreement if the GRANTEE shall fail to fulfill in a timely and
proper manner its obligations under this agreement or if the GRANTEE
shall violate any of the covenants, conditions, or stipulations of the
agreement. In case of such termination by the DEPARTMENT, the
GRANTEE agrees to return to the DEPARTMENT within thirty (30) days of
the effective date of termination, any payments made by the
DEPARTMENT to the GRANTEE under the terms of this agreement or
any portion of such payments as may be directed by the DEPARTMENT.
The GRANTEE agrees to submit documentation of the work identified in
the Scope of Work on or before the grant end date. GRANTEE
acknowledges and understands that final work which does not conform to
the terms and conditions of this agreement or which does not meet the
applicable Secretary of the Interior's Standards will not be reimbursed.
The GRANTEE agrees to submit a "Schedule for Project Completion"
(Attachment 2) before beginning work under this agreement. Said
schedule form shall list each element described in the "Scope of Work"
(Attachment 1) and shall indicate the approximate date when completion
of each can be expected.
J. The GRANTEE will maintain regular contact with the DEPARTMENT
regarding the progress of the grant project. The GRANTEE agrees that
the DEPARTMENT shall have the right to monitor the work called for by
this agreement.
K. The GRANTEE agrees to use competitive negotiation procedures for all
amounts over $30,000 for procurement of professional services and
subcontracts. GRANTEE agrees to maintain records sufficient to detail the
significant history of procurement and to forward evidence of competitive
procurement to the DEPARTMENT prior to reimbursement of funds under
this agreement.
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 5 of 20
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Allyson Brooks Ph.D., Director
State Historic Preservation Officer
L. The GRANTEE agrees that it, its officers, agents and employees, and any
other person or entity performing any work under this agreement, are
independent contractors and not employees of the State of Washington.
M. Federal funds are the basis for this contract. The GRANTEE certifies that
neither it nor its principals are presently debarred, declared ineligible, or
voluntarily excluded from participation in transactions by any state /
federal department or agency. Should for any reason the Federal funds
which are the basis for this agreement become withdrawn, or not
appropriated by Federal congress the agreement may be terminated
without penalty to the DEPARTMENT.
N. To the fullest extent permitted by law, the GRANTEE shall indemnify,
defend and hold harmless the DEPARTMENT, other agencies of the State
of Washington ("State") and all officials, agents and employees of the
DEPARTMENT and the State, from and against all claims for injuries or
death arising out of or resulting from the performance of the Contract.
GRANTEE's obligation to indemnify, defend, and hold harmless includes
any claim by GRANTEE's agents, employees, representatives, or any
subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the
State for any claim arising out of or incident to GRANTEE's or any
subcontractor's performance or failure to perform the Grant. GRANTEE's
obligation to indemnify, defend, and hold harmless the State shall not be
eliminated or reduced by any actual or alleged concurrent negligence of
State or its agents, agencies, employees and officials.
Consistent with RCW 43.17.320.340, the parties shall make every effort to
resolve disputes arising out of, or relating to, this Grant through discussion
and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under
this Grant, the parties shall select a dispute resolution team to resolve the
dispute. The team shall consist of a representative appointed by the
director of each party and a third party mutually agreed upon by the
director of each party. The team shall attempt, by majority vote, to resolve
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 6 of 20
L/VUUJIyll GI IVGIVIJG ILJ. IJJOLO
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
the dispute. If the dispute cannot be resolved in this fashion, either party
may request assistance from the Governor pursuant to RCW 43.17.330.
o. The GRANTEE agrees to provide or purchase industrial insurance
coverage, as applicable, prior to performing work under this agreement.
The DEPARTMENT will not be responsible for payment of industrial
insurance premiums or for any other claim or benefit for this GRANTEE, or
any sub -grantee or employee of the GRANTEE, which might arise under
the industrial insurance laws during performance of duties and services
under this agreement. If the Department of Labor and Industries, upon
audit, determines that industrial insurance payments are due and owing as
a result to work performed under this agreement, those payments shall be
made by the GRANTEE; the GRANTEE shall indemnify the
DEPARTMENT and guarantee payment of such amounts.
P. The GRANTEE agrees to include written acknowledgment of National
Park Service and Office of Archaeology and Historic Preservation support
for all grant -related publications and public information materials including
audio-visual and workshop materials. The GRANTEE further agrees that
the written acknowledgment shall comply with the form and content
stipulated in the "Historic Preservation Fund Grants Manual — 2007."
Q. The GRANTEE agrees to any additional conditions identified in section 3
and attached to this agreement.
R. There shall be no discrimination against any person employed by the
GRANTEE in connection with work covered by or related to this
agreement, or against any applicant for such employment, because of
race, creed, color, sex, age, marital status, national origin, or the presence
of any sensory, mental, or physical handicap in accordance with Chapter
49.60 RCW. This provision shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or
advertising; layoff or termination; rates of pay or other forms of
compensation and selection for training. The GRANTEE shall insert a
similar provision in all subcontracts for services covered by this
agreement.
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 7 of 20
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Allyson Brooks Ph.D.. Director
State Historic Preservation Officer
During the performance of this Grant, the GRANTEE shall comply with all
federal and state nondiscrimination laws, regulations and policies.
s. In accordance with legislative findings and policies set forth in Chapter
39.19 RCW the GRANTEE is encouraged in the participation and use of
Minority and Women's Business Enterprise firms certified by OMWBE.
T. The GRANTEE agrees that for any match specifically identified to this
grant agreement by the GRANTEE the GRANTEE will not claim match
directly earmarked or identified for this agreement as match for any other
grant, agreement or contract. The DEPARTMENT has first and exclusive
claim to match provided by the GRANTEE to this agreement as indirect
eligible match to the National Park Service, Historic Preservation Fund
award to the DEPARTMENT.
DEPARTMENT: Grant Amount: $8,000.00
GRANTEE: Minimum Grant Match Amount: $0.00
Section 2: Responsibilities of the DEPARTMENT
A. The DEPARTMENT agrees to reimburse the GRANTEE one hundred
(100) percent of its actual authorized expenditures for the purpose of this
agreement, provided:
(1) The total paid by the DEPARTMENT shall not exceed the amount
stipulated in the "Budget" (Attachment 3) as DEPARTMENT share.
(2) All expenditures were incurred between the beginning and ending
dates of the grant.
(3)
(4)
No expenditures have been previously claimed in any other grant
from any agency of the state or federal government.
The DEPARTMENT has authority to expend the funds required to
meet the obligations contained herein.
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 8 of 20
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(5)
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
The GRANTEE has met all requirements contained in this
agreement.
B. The DEPARTMENT agrees to consider requests from the GRANTEE for
progress payments if, in the DEPARTMENT'S judgment, the public
interest will be served by doing so and if such payments are
administratively practical and provided appropriated funds are available for
which to issue a progress payment.
c. The DEPARTMENT may unilaterally terminate all or part of this contract,
or may reduce its scope of work and budget, if there is a reduction in
funds by the source of those funds, and if such funds are the basis for this
contract.
Section 3: Attachments
The following attachments are hereby incorporated into and made a part of this
agreement.
Attachment 1
Scope of Work — consisting of two pages
Attachment 2
Schedule of Project Completion — consisting of one page
Attachment 3
Budget — consisting of one page
Attachment 4
State Form Al 9 Invoice Voucher (attached) — consisting of one page
Attachment 5A
Civil Rights Assurance — consisting of one page
Attachment 5B
Statement of Understanding for Grant Management Requirements —
consisting of one page
Attachment 5C
Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion — consisting of one page
Attachment 6
Report of Services/Labor Value Appraisal form to be used by
GRANTEE to document labor costs — consisting of one page; 20 pages
in total
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA
Page 9 of 22
DocuSign Envelope ID. 82B64BFA-8939-490E-89EF-CEC405133B2B
Allyson Brooks Ph D , Director
State Historic Preservation Officer
Section 4: Amendments
This grant agreement may only be amended if such amendment is in writing (with the
exception of the 15)/0 variance for actual expenditures identified in Section 1.G), agreed
to and signed by all the parties, and attached hereto.
DEPARTMENT:
WASHINGTON STATE
AND HISTORIC PRESERVATION
—DocuSigned by:
4UMS6bt brook
'—FF699DFCFDE1425.
BY ALLYSON BROOKS
ITS. DIRECTOR
11/21/2021
DATE
GRANTEE:
CI1 (' OF YAKIMA
BY: BOB HARRISON
ITS. CITY MANAGER
�i
DATE
Fed Tax ID #
CITY CONTRACT
RESOLUTION NO
FEDERAL IDENTIFICATION NUMBER
State of Washington • Department of Archaeology 8 Historic Preservation
P 0 Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 10 of 24
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Allyson Brooks Ph.D., Director
State Historic Preservation Officer
Attachment #1
SCOPE OF WORK
I. WORK TO BE ACCOMPLISHED: The GRANTEE shall conduct the following
activities:
A. CITY OF YAKIMA, FRUIT ROW NATIONAL REGISTER HISTORIC DISTRICT
NOMINATION as follows:
a) AREA: Approximately 20 properties. The portion of N. 1st Avenue
between W. Yakima Avenue to the south and W. D Street to the north.
II. PROJECT MANAGEMENT:
A. NOMINATION PROJECT MANAGER: The GRANTEE shall ensure that the
personnel preparing the nomination meet the professional qualifications in 36
CFR 61. Before final selection, the GRANTEE shall afford the DEPARTMENT an
opportunity to review and approve candidates for the historic preservation
consultant completing the nomination.
B. NOMINATION STANDARDS: The GRANTEE shall prepare a nomination to the
National Register in accordance with National Park Service Bulletin 15, How to
Apply National Register Criteria for Evaluation; and 16A, How to Complete
the National Register Registration Form. Please see DAHP's Historic District
Review Policy for information regarding the required property owner notification
standards for historic district nominations:
A Completed Nomination is understood to mean a nomination that has been
approved by DAHP staff and is ready to present to the Washington State
Advisory Council on Historic Preservation (WACHP). DAHP review and comment
is required. DAHP comments must be addressed before the nomination can
move forward. GRANTEE must work with DAHP staff regarding timing of
nomination completion to ensure that the nomination may be heard at the next
available WACHP meeting. Due to meeting scheduling, DAHP acknowledges
that the WACHP meeting and final acceptance by the NPS may occur after the
grant period has concluded. The GRANTEE shall ensure that the consultant is
present when the nomination is heard by the WACHP.
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 11 of 20
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III. ADMINISTRATION:
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
A. GRANT ADMINISTRATION: The GRANTEE shall establish and maintain contact
with the DEPARTMENT throughout the grant period as to the status of all grant
activities by preparing and submitting the requested documents to the
DEPARTMENT at the times indicated in the SCHEDULE FOR PROJECT
COMPLETION
B. The DEPARTMENT will be able to view draft copies of the Historic Structure
Report. DAHP requires two check -in dates for FY22 grant projects — April 29
and July 15, 2022. If a "draft" is not applicable, then a simple project update is
sufficient to illustrate progress. The DEPARTMENT shall respond to the
GRANTEE within 14 days of each draft submittal with comments. If the
DEPARTMENT has not responded within 14 days, the GRANTEE shall assume
that the DEPARTMENT has no comment on the draft submittals. Final grant
projects are due September 1, 2022.
C. DEPARTMENT RESPONSIBILITIES: The DEPARTMENT shall provide the
GRANTEE with the information to gain access to the WISAARD ONLINE
SYSTEM.
D. ACKNOWLEDGEMENT: The NOMINATION shall include in its entirety the
following acknowledgement, disclaimer, and non-discrimination statements:
This nomination has been financed in part with Federal funds from the National Park Service,
Department of the Interior administered by the Department of Archaeology and Historic
Preservation (DAHP) and the City of Yakima. However, the contents and opinions do not
necessarily reflect the views or policies of the Department of the Interior, DAHP, nor does the
mention of trade names or commercial products constitute endorsement or recommendation by the
Department of the Interior or DAHP.
This program received Federal funds from the National Park Service. Regulations of the U.S.
Department of Interior strictly prohibit unlawful discrimination in departmental Federally Assisted
Programs on the basis of race, color, national origin, age, or handicap. Any person who believes
he or she has been discriminated against in any program, activity, or facility operated by a recipient
of Federal assistance should write to- Director, Equal Opportunity Program, U.S. Department of the
Interior, National Park Service, 1849 C Street, NW, Washington, D.C. 20240.
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 12 of 20
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Allyson Brooks Ph.D., Director
State Historic Preservation Officer
E. INCOMPLETE OR INACCEPTABLE MATERIALS: Any required materials
submitted which are not considered acceptable or complete will be returned to
the GRANTEE for completion within the grant period.
F. REIMBURSEMENT: The GRANTEE will only be reimbursed for preparing an
acceptable and complete nomination during the grant period.
IV. PRODUCTS: The GRANTEE shall at a minimum submit the following
products to the DEPARTMENT:
A. NATIONAL REGISTER NOMINATION
Completed Fruit Row Historic District National Register nomination.
B. Completion report/Reimbursement request
State of Washington • Department of Archaeology 8, Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 13 of 20
uUUUJ1y1I CI I VCIUpe I LJ. OGOU'iO1-M-OULIU-YyUC-OUCr-I,CI.r4UJ I JJ13GO
d �h
Allyson Brooks PhD., Director
State Historic Preservation Officer
Attachment #2
SCHEDULE OF PROJECT COMPLETION
WORK TO BE ACCOMPLISHED
Estimated
Starting Date
Estimated
Completion Date
Staff selects and contracts with consultant
10/1/21
10/14/21
Consultant begins project work
10/15/21
4/29/22
Consultant/City hold public meeting with HPC and
YPC to introduce the project
1/1/22
3/31/22
First draft submitted to DAHP
4/29/22
DAHP reviews First Draft, returns to Staff
5/1/22
5/15/22
Incorporate DAHP comments into first draft report
5/15/22
7/15/22
Second Draft Submitted to DAHP
7/15/22
Consultant/City holds public meeting to present survey
results
8/1/22
8/31/22
Final report submitted to DAHP
9/1/22
Submit Reimbursement request to DAHP
9/01/22
9/30/22
State of Washington • Department of Archaeology 8, Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 14 of 20
LJu..u. Iyll CI IVOLCV4CI—P1—OUJC—'iCVC—OUCr—l�CLe'iVJ IJJCLO
dahp
Attachment #3
BUDGET
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
Salaries
(include each position- volunteer or staff— and
attach hourly wage justification if needed)
Federal Dollars
(CLG grant
requested)
Hard Match*
(Local government
cash match = Staff
Hours)
Soft Match*
(Donated goods
and services =
volunteer hours)
Total
Planning Manager
$2,000
$2,000
Associate Planner
$3,500
$3,500
Preservation Commissioners
$2,000
$2,000
Total Element/Object:
$7,500
$7,500
GOODS & SERVICES
Contract Services
Federal Dollars
Hard Match
Soft Match
Total
Consultant Fees
$8,000
$8,000
Materials/Supplies/Equipment
Black & White Copies
$20
$20
Color Copies
$15
$15
Large Posters & Maps
$50
$50
Total Goods & Services:
$8,000
$85
$8,085
Federal Dollars
Hard Match
Soft Match
Total Project
Cost
Total Funding Request
$8,000
$85
$7,500
$15,585
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA
Page 15 of 20
UUI.UJIy11 GI IVCIUf a ILJ. OLOUYOr M-OOJU-,+VIJG-OUCF-1,.CI.YVJ IJJOLO
dahp
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
Attachment #4
STATE FORM A-19 INVOICE VOUCHER (attached)
State of Washington • Department of Archaeology & Historic Pres
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360)
www.dahp
FY22-CLG-YAKIMA Page 16 of 20
L/UULliDl II GI IVelUt1C IL.. OLOUY01-11-OVJU-41•MUG-OJGI--l..C\.iYUJ IJJGLO
FORM
A 19-1 A
(Rev.5/91)
STATE OF WASHINGTON
INVOICE VOUCHER
AGENCY USE ONLY
AGENCY NO. LOCATION CODE
P.R. OR AUTH. NO.
AGENCY NAME
Department of Archaeology and Historic Preservation
PO Box 48380
Olympia WA 98504-8343
VENDOR OR CLAIMANT (Warrant is to be payable to)
INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form to claim
payment for materials, merchandise or services Show complete detail for
each item.
Vendor's Certificate: I hereby certify under penalty of perjury that the items and
totals listed herein are proper charges for materials, merchandise or services
furnished to the State of Washington, and that all goods furnished and/or
services rendered have been provided without discrimination because of age,
sex, marital status, race, creed, color, national origin, handicap, religion, or
Vietnam era or disabled veterans status.
BY
(SIGN IN INK)
(TITLE)
DATE)
FEDERAL I.D. NO. OR SOCIAL SECURITY NO. (For reporting Personal Services Contract Payments to I.R.S.
RECEIVED BY
DATE RECEIVED
DATE
DESCRIPTION
QUANTITY
UNIT
AMOUNT
FOR AGENCY
USE
PREPARED BY
TELEPHONE NUMBER
DATE
AGENCY APPROVAL
DATE
DOC DATE
PMT DUE DATE
CURRENT DOC NO
REF DOC
VENDOR NUMBER
VENDOR MESSAGE
UBI NUMBER
REF
DOC
RI IF
TRANS
CODE
M
0
n
FUND
MASTER INDEX
SUB
OBJ
SUB
SUB
nA1Ff'.T
ORG
INDEX
WORKCLASS
ALLOC
COUNTY
BUDGET
UNIT
CITY/TOWN
MOS
PROJECT
SUB
PROD
PROJ
PHAS
AMOUNT
INVOICE NUMBER
APPN
INDEX
PROGRAM
INDEX
ACCOUNTING APPROVAL FOR PAYMENT
DATE
WARRANT TOTAL
WARRANT NUMBER
LJUI.U, Iy.I I CI IVCIUpc ILJ. OLDU4Dr/Y-OJJJ-4U UC-OUCr-LJCLJ4UJ IJJOLD
dahp
Attachment #5A
U. S. DEPARTMENT CF THE INTERIOR
CIVIL RIGHTS ASSURANCE
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
As the authorized representative of the applicant, I certify that the applicant agrees that, as a condition to
receiving any Federal financial assistance from the Department of the Interior, it will comply with all
Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of Civil
Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or
national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which
prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42
U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory
requirements to the end that no person in the United States shall, on the grounds of race, color, national
origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT
HEREBY GIVES ASSURANCE THAT It will immediately take any measures necessary to effectuate this
agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have
not received or benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in
the case of any transfer of such property, any transferee, for the period during which the real property or
structure is sued for a purpose for which the Federal financial assistance Is extended or for another
purpose involving the provision of similar services or benefits. If any personal property is so provided,
this assurance shall obligate the Applicant for the period during which it retains ownership or possession of
the property. In all other cases, this assurance shall obligate the Applicant for the period during which the
Federal financial assistance is extended to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants,
loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof
to the Applicant by the Department, including Installment payments after such date on account of
applicants for Federal financial assistance which were approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on
the representations and agreements made in this assurance, and that the United States shall have the
light to seek judicial enforcement of the assurance. This assurance is binding on the Applicant, Its
successors, transferees, assignees, and subrecipients and the person whose signature appears below who
is authorized to sign this assurance on behalf of the Applicant.
SIGH AT E F AUTHORIZED ERTIFYING OFFICIAL
•
TITLE
City Manager
APP MT/ORGANIZA ON
Bob Harrison/City of Yakima
DATE SUBMITTED
(,)C 1z)vx-r
�L�`c)1
APPLICANT/ORG ANEZATION MAILING ADDRESS
129 North Second Street, Yakima, WA 98901
BUREAU OR OFFICE EXTEN DING
DE PARTM E NT OF ARCH AEOL Ci Y AND
TANCE
NISTORIC PRESERVATION
DI-1350
(REV 6/91)
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA
Page 17 of 20
LJul.0 Jly.l l CI ILJ. OGOUYOr-M-o�JU-.C-OrCI--L.CL.YUU IJJOLO
dahp
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
Attachment #5B
STATEMENT OF UNDERSTANDING FOR GRANT MANAGEMENT REQUIREMENTS
• CLGs receiving HPF grant assistance must fulfill the terms of their grant agreement with the
state and adhere to all requirements of the National Register Programs Manual. 1 his
requirement includes compliance with Title VI of the Civil Rights Act of 1964, 78 Stat. 241, as
amended, which provides that no person on the grounds of age, race, color, or national origin
shall be excluded from participation in, be denied the benefits of, or be subject to discrimination
under any activity receiving Federal financial assistance.
• Local financial management systems shall be in accordance with the standards specified in
OMB Circular A-128, "Standards for Grantee Financial Management Systems."
• In direct costs may be charged as part of the CLG grant only if the CLG subgrantee meets the
requirements of the manual. Unless the CLG has a current indirect cost rate approved by the
cognizant federal agency, only direct costs may be charged.
• Grant recipients must maintain auditable financial records in accordance with the General
Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities,
and Functions.
• The CLG subgrantee will provide, with request for reimbursement, documentation to support
billings (time sheets, front and back canceled checks, etc.) for federal and non-federal share
claimed.
• Repayment will be made to the SHPO organization if terms and conditions of the subgrant
agreement are not followed or costs d aimed are disallowed following audit.
City of Yakima
Vk
SIGNATURE OF APPLICANT
City Manager
TITLE
DATE
Previous Edition Usable
-r
Standard Form 424D (Rev 7-97)
Authorized for Local Reproduction Prescribed by OM B Circular A-102 Auth
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 18 of 20
IJUI.U.Dlyl I GI IVCIUpC IIJ. OLGOYGr/Y-OUJU-YJUG-OUGr —IJGI, w., I JJDLD
da,hpAllyson Brooks Ph.D., Director
•
State Historic Preservation Officer
Attachment #5C
U.S. Department of the Interior
Certification Regarding
Debarment, Suspension, Ineligibility and
Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 43 CFR Part 12, Section 12.500, Participants' responsibilities.
The regulations were published as Part VII of the May 26, 1988 Federal Register (pages
19160-1921 1). Copies of the regulations are included in the proposal package. For further
assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior,
Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th
and C Streets, N.W., Washington, D.C. 20240.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE)
•
•
The prospective lower tier participant certifies, by submission of this proposal that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
Bob Harrison I City Manager
Name and Title of Authorized Representative
ID (4 7t ?-1
Signature Date
Previous Edition Usable
Standard Form 424D (Rev 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102 Auth
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
FY22-CLG-YAKIMA Page 19 of 20
LJVI.0 I JIIL/. oLOU4Or M-ovov-YuVC-oa r-I�CVYVJ IJJOLO
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
Attachment #6
REPORT OF SERVICES/LABOR VALUE APPRAISAL
State of Washington • Department of Archaeology & Historic Pres
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360)
www.dahp
FY22-CLG-YAKIMA Page 20 of 20
For City of Yakima Use Only:
Contract No -
Project No
ROsglY091:,1 No NX)1,- 13 4
RFP No
T
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
NORTHWEST VERNACULAR INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 24th day of February, 2022, by and between
the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street,
Yakima, WA 98901, hereinafter referred to as "CITY", and Northwest Vernacular Inc. with its principal
office at 3377 Bethel Rd. SE, Suite 107 #318, Port Orchard, WA 98366, hereinafter referred to as
"CONSULTANT"; said corporation is licensed and registered to do business in the State of Washington, and
will provide services under this Agreement for the City of Yakima Fruit Row National Register Historic
District, on behalf of the City of Yakima.
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this
Agreement, incorporated Exhibits and subsequent Amendments thereto; and
WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing
by both parties, duties of CONSULTANT shall not be construed to exceed those services
specifically set forth herein.
2.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign, Katie
Pratt as Consultant -in -Charge throughout the term of this Agreement unless other personnel are
approved by the CITY.
2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled
"Scope of Work" (WORK) which is attached hereto and made a part of this Agreement as if fully
set forth herein.
2.4 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by
CONSULTANT can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the CONSULTANT to revise
portions of the WORK previously completed in a satisfactory manner, delete portions of the WORK,
or request that the CONSULTANT perform additional WORK beyond the scope of the WORK.
Such changes hereinafter shall be referred to as "Additional Services."
Page 1 of 11
2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost of,
or time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing accordingly.
2.4.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the CONSULTANT according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be considered
part of the WORK. The CONSULTANT shall not perform any Additional Services until
so authorized by CITY and agreed to by the CONSULTANT in writing.
2.5 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from
the date of the CONSULTANT's receipt of the written notification of change.
2.6 All WORK created under this Agreement shall become the property of the CITY and shall be turned
over to the CITY at the completion of this Agreement, including, but not limited to, WORK in
electronic, paper, or other formats, created under this Agreement pursuant to its Scope of Work.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in
the CITY'S possession relating to the CONSULTANT'S services on the WORK.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. CONSULTANT shall be entitled to reasonably rely on such instructions made
by the CITY'S Representative unless otherwise directed in writing by the CITY, but
CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative any
instructions which the CONSULTANT believes are inadequate, incomplete, or inaccurate based
upon the CONSULTANT'S knowledge.
3.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available
solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of
its duties and obligations under this Agreement or at law. The CONSULTANT shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with
WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
Page 2 of 11
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the
services described in Exhibit A, compensation shall be according to Exhibit B - Schedule of Specific
Fees and Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent
basis plus reimbursement for direct non -salary expenses.
5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the WORK including, but not limited to, necessary transportation
costs, including current rates for CONSULTANT'S vehicles; meals and lodging; and
printing, binding and reproduction charges. Reimbursement for Direct Non -Salary
Expenses will be on the basis of actual charges plus ten percent (10%) and on the basis of
current rates when furnished by CONSULTANT. Estimated Direct Non -Salary Expenses
are shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the CONSULTANT and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed
cents per mile will be paid for the operation, maintenance, and
depreciation costs of company or individually owned vehicles for that
portion of time they are used for WORK. CONSULTANT, whenever
possible, will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this WORK
shall not exceed $8,000.00 The CONSULTANT will make reasonable efforts to complete the
WORK within the budget and will keep CITY informed of progress toward that end so that the
budget or WORK effort can be adjusted if found necessary. The CONSULTANT is not obligated
to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the
CONSULTANT beyond these limits. When any budget has been increased, the CONSULTANT'S
excess costs expended prior to such increase will be allowable to the same extent as if such costs
had been incurred after the approved increase, and provided that the City was informed in writing
at the time such costs were incurred.
5.3 Proposed Payment Schedule
For any services authorized by the City beyond the fixed fee scope of work shall follow a monthly
payment schedule as follows: The CONSULTANT shall submit to the City's Representative an
invoice each month for payment for services completed through the accounting cut-off day of the
previous month. Such invoices shall be for services and WORK performed and costs incurred prior
to the date of the invoice and not covered by previously submitted invoices. The CONSULTANT
shall submit with each invoice a summary of time expended on the PROJECT for the current billing
period, and any other supporting materials determined by the City necessary to substantiate the costs
incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and
upon approval of the WORK done and amount billed. CITY will notify the CONSULTANT
promptly if any problems are noted with the invoice. CITY may question any item in an invoice,
noting to CONSULTANT the questionable item(s) and withholding payment for such item(s). The
Page 3 of 11
CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional
supporting information required.
5.4 Payment terms are net 30 after receipt of approved invoice(s).
SECTION 6 RESPONSIBILITY OF CONSULTANT
6.1 INDEMNIFICATION:
(a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its elected and
appointed officials, agents, officers, employees, agents and volunteers (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys fees) and (2) judgments, awards,
losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third
parties arising out of, or related to any death, injury, damage or destruction to any person
or any property to the extent caused by any negligent act, action, default, error or omission
or willful misconduct arising out of the CONSULTANT's performance under this
Agreement. In the event that any lien is placed upon the City's property or any of the City's
officers, employees or agents as a result of the negligence or willful misconduct of the
CONSULTANT, the CONSULTANT shall at once cause the same to be dissolved and
discharged by giving bond or otherwise. The City's right to indemnification includes
attorney's fees and costs associated with establishing the right to indemnification hereunder
in favor of the City.
(b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss, cost,
or expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection with
the service.
(c) if the negligence or willful misconduct of both the CONSULTANT and the CITY (or a
person identified above for whom each is liable) is a cause of such third party claim, the
loss, cost, or expense shall be shared between the CONSULTANT and the CITY in
proportion to their relative degrees of negligence or willful misconduct and the right of
indemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
6.2 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the CONSULTANT
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts.
SECTION 7 AUDIT AND ACCESS TO RECORDS
7.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in accordance
with generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY'S duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of six years after completion of the
WORK. The CITY shall also have access to such books, records, and documents during the
Page 4 of 11
performance of the WORK, if deemed necessary by the CITY, to verify the CONSULTANT'S
WORK and invoices.
7.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
7.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the CONSULTANT is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the CONSULTANT.
7.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract for
WORK.
7.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 8 INSURANCE
8.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in effect
insurance to protect the City and the CONSULTANT from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Contract. CONSULTANT
shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The City reserves the rights to require higher limits should it deem it necessary in the
best interest of the public.
8.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance with a total minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state
who the provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall
name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds,
and shall contain a clause that the insured will not cancel or change the insurance without first giving the
City thirty (30) calendar days prior written notice. 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.
Page 5 of 11
8.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles, before this Contract is fully executed by
the parties, Northwest Vernacular shall provide the City with a certificate of insurance
as proof of commercial automobile liability insurance and commercial umbrella liability
insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00)
per occurrence combined single limit bodily injury and property damage. Automobile
liability will apply to "Any Auto" and be shown on the certificate.
8.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law. Note that this is not applicable to Katie Pratt and Spencer Howard as both are
owners.
SECTION 9 SUBCONTRACTS
9.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to
subcontract any portion of the WORK to be performed under this Agreement.
SECTION 10 ASSIGNMENT
10.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or CONSULTANT without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no
third party beneficiaries are created by this Agreement, and that the rights and remedies provided
herein shall inure only to the benefit of the parties to this Agreement.
SECTION 11 INTEGRATION
This Agreement along with the City RFP and the Consultant's response to the RFP represents the
entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior
oral or written understanding shall be of any force or effect with respect to those matters covered
herein. This Agreement may not be modified or altered except in writing signed by both parties.
SECTION 12 JURISDICTION AND VENUE
12.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue for all disputes arising under this Agreement shall be in a court of competent
jurisdiction in Yakima County, State of Washington.
SECTION 13 EQUAL EMPLOYMENT and NONDISCRIMINATION
13.1 During the performance of this Agreement, CONSULTANT and CONSULTANT's subconsultants
shall not discriminate in violation of any applicable federal, state anclior local law or regulation on
the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably
discharged veteran or military status, pregnancy, sexual orientation, and any other classification
protected under federal, state, or local law. This provision shall include but not be limited to the
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training, and the provision
of services under this Agreement. CONSULTANT agrees to comply with the applicable provisions
of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 14 SUSPENSION OF WORK
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14.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of
the WORK. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK
under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering with
normal progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the event CITY
does not pay invoices when due, except where otherwise provided by this Agreement. The time for
completion of the WORK shall be extended by the nurnber of days WORK is suspended. If the period
of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and
both parties are granted the option to terminate WORK on the suspended portion of Project in accordance
with SECTION 15.
SECTION 15 TERMINATION OF WORK
15.1 Either party may terminate this Agreement, in whole or in part, ifthe other party materially breaches
its obligations under this Agreement and is in default through no fault of the terminating party.
However, no such termination may be effected unless the other party is given: (1) not less than
fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party
before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by
certified mail to the place of business of either party as set forth in this Agreement.
15.2 In addition to termination under subsection 15.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the CONSULTANT is given: (1) not
less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation with CITY before
termination.
15.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract
price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the CONSULTANT at
the time of termination may be adjusted to the extent of any additional costs or damages CITY has
incurred, or is likely to incur, because of the CONSULTANT'S breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing another
firm to complete it. Under no circumstances shall payments made under this provision exceed the
contract price. In the event of default, the CONSULTANT agrees to pay CITY for any and all
damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default.
This provision shall not preclude CITY from filing claims and/or commencing litigation to secure
compensation for damages incurred beyond that covered by contract retainage or other withheld
payments.
15.4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for
convenience, the adjustment pursuant to the Agreement shall include payment for services
satisfactorily performed to the date of termination, in addition to termination settlement costs the
CONSULTANT reasonably incurs relating to commitments which had become firm before the
termination, unless CITY determines to assume said commitments.
15.5 Upon receipt of a termination notice under subsections 15.1 or 15.2 above, the CONSULTANT
shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2)
deliver or otherwise make available to CITY all originals of data, drawings, specifications,
calculations, reports, estimates, summaries, and such other infonnation, documents, and materials
as the CONSULTANT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the
same.
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15.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall
have no responsibility to prosecute further WORK thereon.
15.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is
determined that the CONSULTANT has not so failed, the termination shall be deemed to have been
effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement
shall be determined as set forth in subparagraph 15.4 of this Section.
15.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the CONSULTANT in PROJECT WORK or for any corporate officer of
the CONSULTANT to render his services to the PROJECT, the CONSULTANT shall not be
relieved of its obligations to complete performance under this Agreement without the concurrence
and written approval of CITY. If CITY agrees to termination of this Agreement under this
provision, payment shall be made as set forth in subparagraph 5.3 of this Section,
SECTION 16 DISPUTE RESOLUTION
16.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of
a notice of default as to whether such default does constitute a breach of the contract, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute, lithe afore mentioned methods are either not successful then any
dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance
with the laws of Washington. If both parties consent in writing, other available means of dispute
resolution may be implemented.
SECTION 17 NOTICE
17.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof by
the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business
set forth below, whichever is earlier.
CITY: City of Yakima
Bob Harrison, City Manager
129 North 2nd Street
Yakima, WA 98901
CONSULTANT:
Northwest Vernacular Inc.
Katie Pratt, Co -Founder, Architectural Historian/Historian
3377 Bethel Rd. SE Suite 107 #318
Port Orchard, WA 98366
SECTION 18 RECORDS RETENTION AND DISCLOSURE
18.1 The City is required by law to comply with the Washington State Public Records Act
(PRA), Chapter 42.56 RCW. All records relating to CONSULTANT'S services under this Agreement must
be made available to the CITY, and also produced to third parties, if required, pursuant to the PRA or by law.
Ail determinations of records subject to release under the PRA, or otherwise required by law, shall be at the
sole discretion of the CITY. This Agreement and all public documents associated with this Agreement shall
be available to the CITY for inspection and copying by the public where required by the PRA or other law,
to the extent that public records in the custody of CONSULTANT are needed for the CITY to respond to a
request under the PRA, as determined by the CITY. If CONSUTLANT considers any portion of any records
provided to the CITY under this Agreement, whether in electronic or hard copy form, to be protected from
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disclosure under law, CONSULTANT shall clearly identify any specific information that it claims to be
confidential or proprietary. If the CITY receives a request under the PRA to inspect or copy the information
so identified, and determines that the release of the information is required or otherwise appropriate, the
CITY'S sole obligation shall be to notify CONSULTANT of the request and the date such information will
be released to the requester unless CONSULTANT obtains a court order to enjoin the release, pursuant to
RCW 42.56.450. If CONSULTANT fails to timely obtain a court order enjoining disclosure, the C1TY will
release the requested information on the date specified. The CITY has, and by this section assumes, no
obligation on behalf of CONSULTANT to claim any exemption for disclosure under the PRA.. The CITY
shall not be liable to CONSULTANT for releasing records not clearly identified by CONSULTANT as
confidential or proprietary. The CITY shall not be liable to CONSULTANT for any records that the CITY
releases in compliance with the PRA, this section, or in compliance with an order of a court of competent
jurisdiction.
18.2 The records relating to the actions taken and work done pursuant to this Agreement shall,
at all times, be subject to inspection by the CITY. CONSULTANT shall provide the CITY sufficient, safe,
and proper facilities and equipment for such inspection and free access to such facilities. CONSULTANT'S
records relating to this Agreement will be provided to the CITY upon the CITY'S request.
18.3 CONSULTANT shall promptly furnish the CITY with such information and records which
are related to this Agreement as may be requested by the CITY. Until the expiration of six (6) years after
completion of the terms and conditions of this Agreement, or for a longer period if required by law or by the
Washington State Secretary of State's record retention schedule, CONSULTANT shall retain and provide
the CITY access to (and the CITY shall have the right to examine, audit and copy) all of CONSULTANT'S
books, documents, papers and records which are related to this Agreement.
18.4 All CITY information which, under the laws of the State of Washington, is classified as
public or private, will be treated as such by CONSULTANT. Where there is a question as to whether
information is public or private, the CITY shall make the final determination. CONSULTANT shall not use
any information, systems, or records made available to it for any purpose other than to fulfill the Agreement
duties specified herein. CONSULTANT agrees to be bound by the same standards of confidentiality that
apply to the employee's of the C1TY and the State of Washington. The terms of this section shall be included
in any subcontracts executed by CONSULTANT for work associated with this Agreement.
SECTION 19 NONDISCRIMINATION
19.1 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.
SECTION 20 TERMINATION
20.1 Should anticipated sources of revenue become unavailable to the City for use in the project
for any reason, 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 or no longer
available to the City.
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IN WITNESS WI-IEREOF, the es hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
Northwest Vernacular Inc.
CITY OF YAKIMA
Printed Name:,
*Cute: City Manager
Date:
Attest
City Cl
It
tTVCO T A TN;
RESOLUTION N
Printed Name:
Title: Co-founder/President
Date:
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EXHIBIT A
SCOPE OF SERVICES
1. Services. The Services shall include the following (plus any additional Services specified by the
City in writing):
Task 1. Nomination form: Set up and populate data in the Word form.
Tasks 2. Section 7: Write the physical context narrative and utilize content developed for the intensive level
survey. Utilize individual property data prepared for the intensive level survey to develop individual property
data physical and cultural data summat les per National Register requirements.
Task 3, Section 8: Conducting targeted research to strengthen the comparative analysis for statewide
significance of the district, Retool historic context narrative prepared for the intensive level survey for use in
the nomination.
Task 4. Graphics and maps. Updating GIS data for use the NRHP no:mutation, mcluding comparative
analysis maps to reinforce the statewide significance of the district, Creating and exporting nomination inaps.
Conducting a site visit to confirm existhig conditions and taking updated high resolution digital photographs,
Including renaming and formiatting per National Register standards, Set up graphics in InDesign and integrate
into the Word file for DAHP submittal.
Task 5. Public outreach and meetings% Develop a presentation for at least one public meeting with the Yakima
Historic Preservatitin Commission and the Yakima Planning Commission to present the historic district
nomination, discuss Nyhat it means to he listed to the National Register, financial incentives, and answer
questions.
2. Deliverables. Deliverables for this project are as follows:
District nomination, draft, revised draft, and final in Word format along with a TIFF images formatted per
National Register requirements.
PowerPoint presentation for at least one public meeting.
3. Schedule. The following schedule will be necessary to support the deliverables:
4/30/22: First draft submittal to City and DAHP
5/25/22: Public meeting
6/1/22: Revised draft submittal to City and DAHP
TBD: WA-ACHP meeting (likely fall 2022)
EXHIBIT B
Professional Fees and Rates
Compensation. Consultant shall receive the following compensation in exchange for the Services under this
Agreement:
A natal not to exceed fee of $8,000 inclusive direct non -salary expenses relater] to necessary
transportation costs, in including current rates for CONSULTANTS vehicles; meals and lodging; and
printing, binding and reproduction charges.
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