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R-2022-137 Resolution authorizing grant acceptance from the Department of Archaeology and Historic Preservation to create historic overlay district guidelines for Naches Ave
A RESOLUTION RESOLUTION NO. R-2022-137 authorizing acceptance of a $14,000 grant from the Washington State Department of Archaeology and Historic Preservation (DAHP) for the purpose of preparing design criteria and a historic overlay district draft for Naches Ave. 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 provide financial assistance with local preservation projects; and WHEREAS, The City of Yakima Historic Preservation Commission held a meeting on February 23, 2022, and agreed to submit a grant application to DAHP for the purpose of hiring a consultant to help draft design criteria and a potential historic overlay district for Naches Ave., for the purpose of continuing preservation planning efforts in Yakima; and WHEREAS, the City submitted a grant application to DAHP for $14,000 to hire a consultant who will combine the information the City has obtained over the past five years on the area along N. and S. Naches Ave., and draft design criteria and an overlay district for Naches Ave.; and WHEREAS, the City of Yakima has been awarded a $14,000 grant to hire a consultant and prepare a draft for design criteria and a historic overlay district; 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 draft design criteria and a historic overlay district for Naches Ave., 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 Fourteen Thousand dollars ($14,000) to hire a consultant to write and submit design criteria and parameters for a historic overlay district. A copy of the agreement is attached hereto. ADOPTED BY THE CITY COUNCIL this 18th day of October, 2022. ATTEST: Sonya Cla r -e, City Clerk (ti Janice Deccio, Mayor 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.: FY23-CLG-YAKIMA Grant Title: Certified Local Government — City of Yakima Effective Date: October 1, 2022 Expiration Date: September 30, 2023 Grant Amount: $14,000.00 Federal Grant No.: N/A CFDA No.: 15.904 Grant Purpose City of Yakima shall create a historic overlay district guidelines for Naches Avenue. 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, Certified Local Government Coordinator Phone 360-890-2617 I Email: michelle.thompson@dahp.wa.gov DAHP Contact Person: Marivic Quintanilla, Fiscal Analyst/Contracts Manager Phone 360-870-6383 I Email: marivic.quintanilla@dahp.wa.gov GRANTEE Contact Person: Albert Miller, Assistant Planner Phone: 509-575-6772 I Email: albert.miller@yakimawa.gov State of iWashington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, ia, Washington 98504-8343 • (360) 586-3065 www.elaho.w .gav FY23-CLG-YAKIMA Page 1 of 25 Allyson Brooks Ph.D., Director Stote 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 iWashington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, Washington 98504-8343 • (360) 586-3065 www.elaho.wa.gav FY23-CLG-YAKIMA Page 2 of 25 (5) Allyson Brooks Ph.D., Director Stote 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 iWashington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, ia, Washington 98504-8343 • (360) 586-3065 www.elaho.wa.gav FY23-CLG-YAKIMA Page 3 of 25 Allyson Brooks Ph.D., Director Stote Historic Preservation Officer thereof, including reasonable attorney's fees. When arranging for an audit, the DEPARTMENT should contact the following GRANTEE representative: Albert Miller ( Phone: 509-576-6772 Email: albert.miller@yakimawa.gov Address: 129 North 2nd Street — 2nd Floor Yakima, WA 98901 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 State of iWashington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, ia, Washington 98504-8343 • (360) 586-3065 www.elaho.w .gav FY23-CLG-YAKIMA Page 4 of 25 Allyson Brooks Ph.D., Director Stote Historic Preservation Officer accounting by the elements or objects in the budget. The actual 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 V cshington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, ia, Washington 98504-8343 • (360) 586-3065 www.elaho.wa.gav FY23-CLG-YAKIMA Page 5 of 25 Allyson Brooks Ph.D., Director Stote Historic Preservation Officer 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 State of iWashington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, ia, Washington 98504-8343 • (360) 586-3065 www.elaho.wa.gav FY23-CLG-YAKIMA Page 6 of 25 Allyson Brooks Ph.D., Director Stote Historic Preservation Officer director of each party. The team shall attempt, by majority vote, to resolve 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 Department 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 State of iWashington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, ia, Washington 98504-8343 • (360) 586-3065 www.elaho.wa.gav FY23-CLG-YAKIMA Page 7 of 25 Allyson Brooks Ph.D., Director Stote Historic Preservation Officer similar provision in all subcontracts for services covered by this agreement. 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: $14,000.00 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) No expenditures have been previously claimed in any other grant from any agency of the state or federal government. State of iWashington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, Washington 98504-8343 • (360) 586-3065 www.elaho.wa.gav FY23-CLG-YAKIMA Page 8 of 25 (4) (5) Allyson Brooks Ph.D., Director Stote Historic Preservation Officer The DEPARTMENT has authority to expend the funds required to meet the obligations contained herein. 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 three pages Attachment 2 Schedule of Project Completion — consisting of one page Attachment 3 Budget — consisting of one page Attachment 4 State Form A19 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 State of iWashington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, Washington 98504-8343 • (360) 586-3065 www.elaho.w .gav FY23-CLG-YAKIMA Page 9 of 25 Attachment 6* Allyson Brooks Ph.D., Director State Historic Preservation Officer Report of Services/Labor Value Appraisal form to be used by GRANTEE to document labor costs —* "This Attachment is left intentionally blank." Section 4: Amendments This grant agreement may only be amended if such amendment is in writing (with the exception of the 15% variance for actual expenditures identified in Section 1.G), agreed to and signed by all the parties, and attached hereto. DEPART ENT: WASHINGTON STATE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION Allyson B ooks (Oct 21, 2022 15:38 PDT) BY: ALLYSON BROOKS, PH. D ITS: DIRECTOR Oct 21, 2022 DATE GRANTEE: CITY OF YAKIMA ,beeifrztrti Robert Harrison (Oct 21, 2022 12:12 PDT) BY: ROBERT HARRISON ITS: CITY MANAGER Oct 21, 2022 DATE CITY CONTRACT NO: „.4 1 RESOLUTION NO: a-AA-131 State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov FY23-CLG-YAKIMA Page 10 of 25 Allyson Brooks Ph.D., Director Stote Historic Preservation Officer Attachment 1 SCOPE OF WORK WORK TO BE ACCOMPLISHED: The GRANTEE shall conduct the following activities: A. CITY OF YAKIMA, HISTORIC OVERLAY DISTRICT GUIDELINES FOR NACHES AVENUE as follows: 1. THE CITY OF YAKIMA, HISTORIC OVERLAY DISTRICT GUIDELINES FOR NACHES AVENUE: The GRANTEE shall create a historic overlay district guidelines for Naches Avenue. 2. DEFINITIONS: A HISTORIC OVERLAY DISTRICT sometimes called a CONSERVATION DISTRICT is a zoning tool used to preserve, revitalize, protect, and enhance significant older areas within a community beyond what is specified in the standard code. The conservation overlay regulations are applied in addition to standard zoning regulations. Overlay Districts will differ from neighborhood to neighborhood depending on the area's character and needs. Both a conservation district and a historic district are overlay districts; however, a conservation district will typically regulate fewer features and will focus more on significant character defining features, such as lot size, building height, setbacks, streetscapes, and tree protection. Unlike historic districts, conservation district rarely considers specific elements, such as windows, buildings materials, colors, and decorative details. 3. PUBLIC EDUCATION ACTIVITIES: The GRANTEE shall conduct at least two public presentations during the grant period. The purpose of the presentation(s) shall be to announce the survey project and to present findings of the survey project to the public. State of iWashi gton Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, ia, Washington 98504-8343 • (360) 586-3065 www.claho.w.gav FY23-CLG-YAKIMA Page 11 of 25 Allyson Brooks Ph.D., Director Stote Historic Preservation Officer II. PROJECT MANAGEMENT: A. PROJECT MANAGER: The GRANTEE shall ensure that the personnel preparing the materials and guidelines for the conservation district 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 conducting the project. III. ADMINISTRATION: 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 Overlay District Guidelines. DAHP requires two check -in dates for FY22 grant projects — April 28 and July 14, 2023. A draft means a complete draft of the Historic Overlay District Guidelines unless prior arrangements are made with DAHP 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, 2023. Request for reimbursement is due September 30, 2023, via the A- 19 form found here. All drafts, final projects, and requests for reimbursement should be submitted to michelle.thompson@dahp.wa.gov. C. DEPARTMENT RESPONSIBILITIES: The DEPARTMENT shall provide the GRANTEE with the information to gain access to the WISAARD ONLINE SYSTEM. D. ACKNOWLEDGEMENT: The HISTORIC OVERLAY DISTRICT GUIDELINES shall include in its entirety the following acknowledgement, disclaimer, and non- discrimination statements: These Historic Overlay District Guidelines have been financed in part with Federal funds from the National Park Service, Department of the Interior administered by the Department of Archaeology and Historic State of iWashi gton Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, Washington 98504-8343 • (360) 586-3065 Gnrw.elaho.wa.gav FY23-CLG-YAKIMA Page 12 of 25 Allyson Brooks Ph.D., Director Stote Historic Preservation Officer 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. 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 Historic Overlay District Guidelines during the grant period. IV. PRODUCTS: The GRANTEE shall at a minimum submit the following products to the DEPARTMENT: A. Historic Overlay District Guidelines for Naches Avenue B. Completion report/reimbursement request State of iWashi gton Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, Washington 98504-8343 • (360) 586-3065 www.claho.w .gav FY23-CLG-YAKIMA Page 13 of 25 Allyson Brooks Ph.D., Director Stote Historic Preservation Officer Attachment 2 SCHEDULE OF PROJECT COMPLETION ORK TO BE ACCOMPLISHED Estimated Starting Date Estimated Completion Date City staff prepare RFP & selects consultant 10/1/22 12/31/22 Consultant/City hold public meeting to introduce grant project 1/1/23 3/31/23 Project work begins 1/1/23 04/27/23 II '.r t It t DAHP reviews First Draft, returns to Staff 4/30/23 5/15/23 Incorporate DAHP comments into first draft report 5/15/23 7/14/23 Consultant/City holds public meeting to present survey results 6/1/23 8/15/23 it r i State of iWashington Department of Archaeology & Historic Preservation P.O. Box 48343 + Olympia, Washington 98504-8343 • (360) 586-3065 www.elaho.wa.gav FY23-CLG-YAKIMA Page 14 of 25 Allyson Brooks Ph.D., Director State Historic Preservation Officer Attachment 3 BUDGET Salaries (include each position- volunteer or staff - and attach hourly wage justification if needed) Federal Dollars (CLG grant requested) Hard atoll* (Local government cash match ---- Staff Hours) Soft atch )1' (Donated goods and services = volunteer hours) Total Planning Technician $2,200 $2,200 Senior Planner $3,300 $3,300 HPC $1,000 $1,000 GOODS & SERVICES Contract Services Federal Dollars Hard Match Soft Mato') Total Consultant Fees $14,000 $14,000 Federal Dollars Hard Match Soft Match Total Project Cost Totals $14,000 $6,500 $20,500 State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov FY23-CLG-YAKIMA Page 15 of 25 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 Preservation PO. Box 48343 Olympia, Washington 98504-8343 (360) 586-3065 wwvv,daho.wa.gov FY23-CLG-YAKIMA Page 16 of 25 FORM A 19-1A (Rev. 5/91) STATE OF WASHINGTON INVOICE VOUCHER AGENCY USE ONLY AGENCY NO. LOCATION CODE P.R.ORAUTH. 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 andlor 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 TRANS M MASTER INDEX F SUB I SUB 1 ORG WORKCLASS COUNTY CITY/TOWN I SUB PROD INVOICE NUMBER DOC CODE 0 FUND APPN PROGRAM j OBJ SUB 1 INDEX OBJ.E.CT._I. ALLOC BUDGET U MOS 1PROJECT I PROD PHAS I AMOUNT 1 ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER Allyson Brooks Ph.D., Director State Historic Preservation Officer 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 19160-19211). 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. Name and Title of Authorized Representative Signature Date Previous Edition Usable Standard Form 424D (Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 Auth Attachment #6 State of Washington ® Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 8 ;04-8343 • (360) 586-3065 www.dahom a.gov FY23-CLG-YAKIMA Page 18 of 25 Attachment 5A U. S. DEFARTPENF TFIE: 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 ail 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. 2o00d-1), which prohibits discrimination on the basis of race, color, or national. origin; (b) Section SO4 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; icj the Age Discrimination Act of 1975, as amended (42 U.S.0 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 apes including those parts that have not received or benefited front 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 Applicants or in the case of errs, transfer of such property, any transferee., for the period during which the real property pr 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 ail Federal grants; loans, contracts, property, discounts or other Federal financial assistance extended after the date her 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 right 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. GRATURE O£AUTPC£UPE5 CERTIFYING i'i5F AFFLICAN T:'ORG A PATE.SP BMITFE0 APPUZG$N Tf AiQRMAZLING A BUREAU OR OF EXT'ENUZNG .a..'=.TA NCE DEPARTMENT OF aAAE{if:{Si S`:<t N67 N%TCYRTC FRE. R'VA 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 25 Allyson Brooks Ph.D., Director State Historic Preservation Officer Attachment 58 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 2 CFR Part 200, Subpart F (formerly OMB Circular A-133 "Audits of States, Local Governments, and Non - Profit Organizations").3 • 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. CLG SIGNATURE OF APPLICANT TITLE DATE 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-ELLENSBURG Page 20 of 24 Allyson 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 19160-19211). 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. Name and Title of Authorized Representative Signature Date 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-ELLENSBURG Page 21 of 24 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to the department, institution, or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment Suspension, Ineligibility, and Voluntary Exclusion -- Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from the federal procurement and non -procurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are 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. • svo04,,,, 'the kthge: Allyson Brooks Ph.D., Director State Historic Preservation Officer Attachment 6 REPORT OF SERVICES/LABOR VALUE APPRAISAL (attached) State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov FY23-CLG-YAKIMA Page 24 of 25 Name of Project: Name of Person Performing Services: Address: Telephone: Did you receive any compensation for the time you devoted to this project? Yes No If yes, who paid you? How much were you paid? REPORT OF SERVICES Month: Year: Describe the services you performed. (If you supervised others, include their names and positions.) How was the hourly rate shown below determined? $33.02 per hour is the minimum value of donated labor, and $79.68 per hour is the maximum professional labor, as determined by the Department of Archaeology and I Iistoric Preservation and the National Park Service, respectively. Total number of hours worked each day during this month: Beginning Sunday Monday Tuesday Wednesday Thursday Friday Saturday Totals I hereby swear that I devoted the time reported above, performing the work described on the project named. This time has not been reported for any other Federal or State project. Date I supervised or coordinated this person's work and verify that it was performed as indicated above. Date Washington State Department of Archaeology and Historic Preservation PO Box 48343 Olympia, WA 98504-8343 Total hours this month: # of hours Hourly rate: $32.02-$79.68 Per hour Amount charged to project: $ INSTRUCTIONS: Use this form to document all labor, whether paid or voluntary, which is claimed against a grant or used for the thatching share of a grant. Complete it on a timely basis, i.e., fill it out immediately after the service is provided. 2003 Reprint FY23Y Final Audit Report n f:, can ct. u pd 2022-10-21 Created: 2022-10-07 By: Marivic Quintanilla (marivic.quintanilla@dahp.wa.gov) Status: Signed Transaction ID: CBJCHBCAABAALjWVPIDsuCQcQ8a6FLkUjnSF7hAAU_pT "FY23-CMG-YAKIMA Grant Contract_updated" History Document created by Marivic Quintanilla (marivic.quintanilla@dahp.wa.gov) 2022-10-07 - 0:13:29 AM GMT- IP address: 147.55.130.253 Document emailed to bob.harrison@yakimawa.gov for signature 2022-10-07 - 0:14:48 AM GMT Email viewed by bob.harrison@yakimawa.gov 2022-10-21 - 7:11:30 PM GMT- IP address: 205.172.45.253 • New document URL requested by bob.harrison@yakimawa.gov 2022-10-21 - 7:11:36 PM GMT- IP address: 205.172.45.253 Pio Signer bob.harrison@yakimawa.gov entered name at signing as Robert Harrison 2022-10-21 - 7:12:41 PM GMT- IP address: 205.172.45.253 Document e-signed by Robert Harrison (bob.harrison@yakimawa.gov) Signature Date: 2022-10-21 - 7:12:43 PM GMT - Time Source: server- IP address: 205.172.45.253 Document emailed to Allyson Brooks (allyson.brooks@dahp.wa.gov) for signature 2022-10-21 - 7:12:45 PM GMT Email viewed by Allyson Brooks (allyson.brooks@dahp.wa.gov) 2022-10-21 - 10:37:54 PM GMT- IP address: 104.47.64.254 c Document e-signed by Allyson Brooks (allyson.brooks@dahp.wa.gov) Signature Date: 2022-10-21 - 10:38:04 PM GMT - Time Source: server- IP address: 24.17.78.46 Agreement completed. 2022-10-21 - 10:38:04 PM GMT Adobe Acrobat Sign 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.1. For Meeting of: October 18, 2022 ITEM TITLE: Resolution authorizing grant acceptance from the Department of Archaeology and Historic Preservation to create historic overlay district guidelines for Naches Ave SUBMITTED BY: Joseph Calhoun, Planning Manager (509) 575-6042 Albert Miller, Assistant Planner (509) 576-6772 SUMMARY EXPLANATION: The Washington State Department of Archaeology and Historic Preservation has awarded the City of Yakima $14,000 in grant funds to assist with the creation of historic overlay district guidelines for Naches Avenue. 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 p Resolution 10/5/2022 D contract 10'12/2022 Type Resd ution Cover Memo Allyson Books (Nov 2, 2022 12.19 PDT) 1t* Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT NO. FY23-CLG-YAKIMA A EDETA To Correct Grant Number In Attachment Footer The Department of Archaeology and Historic Preservation, the DEPARTMENT, and City of Yakima, the GRANTEE, hereby mutually agree to amend Grant No. FY23-CLG- YAKIMA to correct grant number in footer for Attachment 5A, 5B and 5C. Grant number currently reads on Attachment 5A: FY22-CLG-YAKIMA Grant number currently reads on Attachment 5B and 5C: FY22-CLG-ELLENSBURG Per this Amendment, grant number shall read: FY23-CLG-YAKIMA Attached are the updated Attachments 5A, 5B and 5C. The DEPARTMENT acknowledges and approves this change by the DEPARTMENT for the grant number on the Attachment footers. DEPARTMENT: GRANTEE: Department of Archaeology City of Yakima and Historic Preservation c Obee bc:WWfalf aA-- Robert Harrison (Nov 2, 2022 12:18 PDT) By: Allyson Brooks, Ph.D. By: Robert Harrison Its: Director Its: City Manager Nov 2, 2022 Nov 2, 2022 Date Date crry CONTRACT NO RESOLUTION NO: K '00 ;1D-( State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov 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 SO4 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.), whid-i 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 •btalning 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 right to seek judicial enforcement of the assurance. This assurance Is binding on the Applicant, its successors, transferees, assignees, and subreciplents and the person whose signature appears below who is authorized to sign this assurance on behalf of the Appiicant. SIG NATURE OF AUTNORIaED CE RTIEYING OFFICIAL a e /J'all Robert Harrison (Nov 2, 2022 12:18 PDT) AP P 'SCAN TiORG ANEZ AMON City of Yakima AP LICRN TIORG ANIZATION MAILING ADDR ESS 129 North 2nd St Yakima, WA 98901 D1-1350 (REV 6/91) TITLE City Manager DATE SU EMITTED Nov 2, 2022 DU R EAU i0FFICE E HD "GTcEgtateDeptof Archaeology and Historic Preservation State of Washington • Department of Archaeology B. Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov FY23CLGYAKI A Page 19 of 25 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 2 CFR Part 200, Subpart F (formerly OMB Circular A-133 "Audits of States, Local Govemments, and Non - Profit Organizations").3 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 Offices Standards for Audit of Govemmental 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. FY23-CLG-YAKIMA CLG ,Fabbn YRoberua,rPk,,n (Nov 2. 207? 12,18 PDT)" SIGNATURE OF APPLICANT City Manager TITLE Nov 2, 2022 DATE State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov FY23-CLG-YAKIMA Page 20 of 25 Attachment 5C U.S. Department of the Interior Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Allyson Brooks Ph.D., Director State Historic Preservation Officer 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_Reaister (pages 19160-19211). 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. Robert Harrison I City Manager Name and Title of Authorized Representative Ob9tt h` �IIOh Robert Harrison (Nov 2, 2022 12,1E rut Nov 2, 2022 Signature Date State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov FY23-CLG-YAKIMA Page 21 of 25 FY23-CLG-YAKIMA_Amendment A - to correct grant number in footer for Attachmt 5A, 5B & 5C Final Audit Report 2022-11-02 Created: 2022-11-02 By: Marivic Quintanilla (marivic.quintanilla@dahp.wa.gov) Status: Signed Transaction ID: CBJCHBCAABAAdDokv8oTvFRD5r6y401-9Uduk3E4oqNB "FY23-CLG-YAKIMA_Amendment A - to correct grant number in footer for Attachmt 5A, 5B & 5C" History In Document created by Marivic Quintanilla (marivic.quintanilla@dahp.wa.gov) 2022-11-02 - 6:59:18 PM GMT- IP address: 147.55.130.254 E7+ Document emailed to bob.harrison@yakimawa.gov for signature 2022-11-02 - 7:03:20 PM GMT Email viewed by bob.harrison@yakimawa.gov 2022-11-02 - 7:16:42 PM GMT- IP address: 205.172.45.253 A, Signer bob.harrison@yakimawa.gov entered name at signing as Robert Harrison 2022-11-02 - 7:18:22 PM GMT- IP address: 205.172.45.253 Document e-signed by Robert Harrison (bob.harrison@yakimawa.gov) Signature Date: 2022-11-02 - 7:18:24 PM GMT - Time Source: server- IP address: 205.172.45.253 El Document emailed to Allyson Brooks (allyson.brooks@dahp.wa.gov) for signature 2022-11-02 - 7:18:26 PM GMT Email viewed by Allyson Brooks (allyson.brooks@dahp.wa.gov) 2022-11-02 - 7:19:05 PM GMT- IP address: 104.47.64.254 43. Document e-signed by Allyson Brooks (allyson.brooks@dahp.wa.gov) Signature Date: 2022-11-02 - 7:19:47 PM GMT - Time Source: server- IP address: 198.238.147.161 • Agreement completed. 2022-11-02 - 7:19:47 PM GMT E3 Adobe Acrobat Sign For City of Yakima Use Only: Contract No. Project No Resolution No. g.-/..oz.t RFP No Mcf AGREEMENT ETWEEN CITY OF YAKIMA, WASHINGTON AND NORTHWEST VERNACULAR INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this 24th day of March, 2023, by and between the City of Yakima, Washington, a municipal corporation with its principal office at I 29 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and Northwest Vernacular Inc. with its principal office at PO Box 456, Bremerton, WA 98337-0183, 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 Naches Historic Overlay or Local Historic District, on behalf of the City of Yakima. W1TNESSETH: 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 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.1 GONSULTANT 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. 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. 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 14 2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANTS 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 CONSULTANTS 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, I 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 01'14 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 CONSULTANTS 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 (lO%) 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 $14,000„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 CONSULTANTS 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 proinptly 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 14 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) judgrnents, 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. (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) 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 workmenscompensation 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 performance of the WORK, if deemed necessary by the CITY, to verify the CONSULTANTS 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 Page 4 of 14 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 Comniereial 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 One Million Dollars ($1,000,000,00) 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 conmanies rated A-V1I or higher in Best's Guide and admitted in the State of Washington. Page 5 of 14 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 workerscompensation 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 ASSIG NM ENT 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 a 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 adrninistered 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 ancIfor 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 sem lees wider 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 Page 6 of 14 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 CONSULTANTs 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 number 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. I Either party may terminate this Agreement, in whole or in part, i f the 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 tem-iinat ion. 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 terrnination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the CONSULTANTS 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 term ination 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 information, 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. Page 7 of 14 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 15.3 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, arid if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the 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; CONSULTANT: City of Yakima Bob Harrison, City Manager 129 North 2nd Street Yakima, WA 98901 Northwest Vernacular Inc, Katie Pratt., Co -Founder, Architectural Historian/Historian PO Box 456 Bremerton, WA 98337-0183 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. All 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 Page 8 of 4 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 requestor 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 CITY 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 proprietm. 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. I 8.3 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. I 8.4 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 employees of the CITY 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, I 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. Page 9 of 14 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written: CITY OF YAKIMA Printed Name: Title: City Manager Date Attes City Cie CITY CONTRACT NO:..L RESOLUTION NO: Northwest Vernacuiar nc, Title: Cofounder/President Date: Page 10 o 1 EXHIBIT A SCOPE OF SERVICES 1. Services. The Services shall include the following (plus any additional Services specified by the City in writing): ktlyS011ffeelth.sFPLD,, DreICAY S 411a Hialce,c Prpterveifipri 04firea Attachment 1 SCOPE OF WORK WORK TO BE ,ACCOMPLISHED: Tice GRANTEE shall, conduct the following activities: CITY OF YAKEMA. HISTORIC OVERLAY DISTRICT GT:ADEL:NES FOR. NACHES AVENUE as follows: '1. THE CITY OF YAKLMA, HISTORIC OVERLAY DISTRICT GUIDEIJNES FOR NACHES AV • - : The GRANITE shall create a historic overlay district .guidelines for Naches Avenue, D ,EFNMONS: A HISTORIC OVERLAY DISTRICT sometimes called a CONSERVATION DISTRICT is a zoning tool used to pre.serve, revitalize, protect, and enhance significant older orals within a community beyond what is specified in the standard code, The conservation. overlay regulatiOns are- applied in addition to standard zoning regulations... Overlay Districts will differ from neighborhood to neighborhood depending on the area's character and needs. Both a conservation district and a historic district are overlay districts: however, a conservation district will .typically regulate, fewer features and will focus more on significant character defining features, such as lot size, building hei_ t, setbacks, streetscapes. and tree protection. Unlike historic districts, conservation district rarely considers specific elements, such as windows, buildings materials. colors, and decorative details. 3, PUBLIC EDUCATION ACTIVIITES: The GRX\ITEE shall contact at least two pubhc presentations during the grant period_ The purpose of the presenration(s) shall be to announce the survey project and to present findings of the survey project to the public. State .or Wathington • Department of Archaeology & HIsforfc Pre.servallon 5ox. 4534:5 • Olympio Washir 98504-K43• (aW) 586,-65 vorvv,Aoh;D:vvo.gov FY23-CLG-YAKIMA Page 11 of 25 Page 11 of 14 AllySOn Ee0o PhD. 5 iota Hislrait Prtvwreation OfErtl, 11. PROJECT MANAGEMENT A. PROJECT MANAGER: The GRAN 1tE shail easure that the personnel preparing the materials and guidelines for the conservation district 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 conducting the project. ADNIINISTRATION: 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 DERA.RTMENT will be able to view draft copies of the Historic Overlay District DAHP requires two check -in dates for FY22 grant projects — April 28 and July 14, 2023_ A draft means a complete draft ,of the Historic Overlay District Guidelines unless prior arrangements are made With DAHP If a "draft- is not applicable. then a simple project update is sufficient to illustrate progress. The DEPARTIT shall respond to the GRANTEE within 14 days ofeach 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 gam projects are due September 1, 2023. Request for reimbursement is due September 30, 2,023, via the A-. 19 form found here, Ali drafts.. final projects, and requests for reimbursement should be submitted to michellethompson Ava,gov„ C. DEPGRX ' EOESPOJSffiflJTIES: The DEPARTMEql. shall provide the ie information to an access to the WISAARD ONLINE SYSTEM. D. ACKsIOIXTLEDGEMENT: The HISTORIC OVERLAY DISTRICT GUIDELINES shall include in its entirety the following acknowledgement, disclaimer_ and non- discrimination statements: These FILSZoTiC Overlay Disuict Guidelines have been flaxseed in par with Federal ftmds from the National Pans Service. Department of the tatenor 3dminatered by the Department of Arc haeolon' and Historic State of \N'cis,hron • Department of Archaeology & Historic Preservation P.C. Sox .48::,;4::'• • Olyinpio. Wos,hingtan 95504-6343 • (360) St3-6-3065 FY23-CLG-YAKIMA Page 12 of 25 Page 12 of 14 Meson flooks en,CL, ()tee ice polo ithiotic Priori Off,c,e, Pre SerVati011 (DAIIP) and the City of Yakima However, the contents and opinions do not necessarily reftect the views or policies of die Department of the Intenor, DAHP„ nor does the mention of uncle names or comment -al proclaim comiartne eridorsement or recommendation by the Department of the Interior or DAIIP nli 5 pro gram received Federal funds from the National Park Service,„ :Regulations of the t.l.„S. Department of Interior strictly proldbit unlawful discrimination in departmental Federally Assisted ProFams on the bans of race, color, natanal origin. age. or handicap. Any penon who believes lie or she ha been th.scrintinated arenkt in any programactivity, or facility operated try recipient of Federal assistance should, write tot Director, Equal Oppodrimary Prop= 1.2.S.Deparonent of Me Interior, Nanonal Park Smite, 1849 C Street. NW, Washington, D.C. 20240, E. INCOMPLETE OR INACCEPTABLE MATERIALS: Any required materials submitted which are not considered. acceptable ©r 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 Historic Overlay District Guidelines during the grant period, IV PRODUCTS: The GRANTEE 'shall at a minimuna submit the following products to the DEPARTMENT: A. Historic Overlay District Guidelines for Naches B. Completion reportitimbursement request State. of Wosningron • Department ot Archaeology & Historic Preservation P..0. Box. 4(3343 • Giyrilpo, Washington 96504-K43 • (360) 584-306,5 wvdahpLgcA FY23-CLG-YAKIMA Page 13 of 25 Page 13 of 14 2. Deliverables. Deliverables for this project are as follows: Historic Overlay District Guidelines for Naches Avenue, draft, revised draft, and final in Word format along with portable document format (PDFs) of any applicable graphics. PowerPoint presentation for at least two public meetings. 3. Schedule. The following schedule will be necessary to support the deliverables: 4/28/23: Project update to illustrate progress to City and DAHP 5/31/23: First draft submittal to City and DAHP 7/14/23: Revised draft submittal to City and DAHP 9/1/23: Final Project Submittal to DAHP EXHIBIT B Professional Fees and Rates Compensation. Consultant shall receive the following compensation in exchange for the Services under this Agreement: A total not to exceed fee of $14,000 inclusive eligible direct non -salary expenses related to necessary transportation costs, in including current rates for CONSULTANTS vehicles:, meals and lodging; and printing, binding and reproduction charges. Page 14 of 14