HomeMy WebLinkAboutR-2023-025 Resolution authorizing a contract with the Young Women's Christian Association (YWCA of Yakima) to provide $2,000,000 of Coronavirus State and Local Fiscal Recovery Funds to construct a domestic violence shelterA RESOLUTION
RESOLUTION NO. R-2023-025
authorizing the contract with the Young Women's Christian Association
(YWCA of Yakima) to provide $2,000,000.00 of Coronavirus State and
Local Fiscal Recovery Funds to construct a domestic violence shelter.
WHEREAS, the City of Yakima was awarded Coronavirus State and Local Fiscal
Recovery Funds (SLRF) to help address the effects of the Coronavirus pandemic; and
WHEREAS, the YWCA of Yakima currently has a domestic violence shelter in Yakima,
but is proposing a second facility that will expand their crisis shelter and transitional housing
program, provide case management services and help victims rebuild their lives; and
WHEREAS, Yakima experiences domestic violence at a rate higher than the rest of the
state, and during the global COVID pandemic, those numbers increased approximately 30°./0
according to the YWCA; and
WHEREAS, nationally, the National Commission on COVID-19 and Criminal Justice
indicated that domestic violence incidents increased nationwide by 8.1% following lockdown
orders; and
WHEREAS, the need for safe shelter space for victims of domestic violence and their
families is not fully met by the current shelter space available in Yakima; and
WHEREAS, the YWCA has a facility that needs substantial construction and renovation,
its proposed facility meets the requirements of SLRF funding, and the YWCA has provided
necessary information to evaluate its ability to utilize SLRF funding pursuant to the federal
guidelines; 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 grant $2,000,000.00 of its SLFR funding to the YWCA for construction
costs associated with a new domestic violence shelter; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to sign the contract with the Young Women's
Christian Association (YWCA of Yakima) to provide $2,000,000EOO of Coronavirus State and Local
Fiscal Recovery Funds to construct a domestic violence shelter, and take all necessary steps to
facilitate the funding agreement.
ADOPTED BY THE CITY COUNCIL this 7th day of February, 2023.
%.*
Janice Deccio, Mayor
ATTEST:
Soya clear Tee, City Clerk
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: February 7, 2023
Resolution authorizing a contract with the Young Women's Christian
Association (YWCA of Yakima) to provide $2,000,000 of
Coronavirus State and Local Fiscal Recovery Funds to construct a
domestic violence shelter
SUBMITTED BY: Robert Harrison, City Manager
SUMMARY EXPLANATION:
The City received federal funding through the Coronavirus State and Local Fiscal Recovery
Funds (SLRF), some of which is proposed to be used to help the YWCA construct a new
domestic violence shelter. The proposed shelter would have 45 safe emergency shelter rooms,
and be able to house 117 adults and children. It also includes separate emergency shelter
rooms for men and their children, which cannot be sheltered at the YWCA's current facility, office
and training space, and meeting rooms. The City is proposing to grant $2,000,000.00 of its
SLRF funding to the YWCA, which is a portion of the total costs associated with construction of
the shelter. These funds will be paid on a reimbursement basis, and if the shelter is not fully
funded, the SLRF money will return to the City to be reallocated pursuant to the guidelines.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
0 Res-YVVCADV Shelter 1/25/2023 Resolutbn
0 ContractCOY & YWCA DV Shelter 1/25/2023 Contract
(xi) Federal Awarding Agency Pass -Through Entity:
CITY OF YAKIMA
DEPARTMENT OF THE
TREASURY
COVID RECOVERY PROGRAM — CITY OF YAKIMA
Pursuant to 2 CFR 200.332(01) Federal Award Identification
(i) Agency Name (must match the name a
with its unique entity identifier)
Young Women Christian Association
(iii) Federal Award (iv) Federal
Identification Number (FAIN) Date
CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY
FUNDS, CFDA 21,027
sso iated (ii) Unique Entity Identifier
DUNS) TIN 91-
,3565563
Award (v) Federal Period of
Performance Start and End
Date
March 3, 2021
December 31, 2026
City of Yakima Number for
This Agreement
(vi) Federal Budget Period
Start and End Date
(vii) Amount of Federal (viii) Total Amount of Federal (ix) Total Amount of the Federal
Funds Obligated to the Punds Obligated to the agency Award Committed to the agency
agency by this action: $2,000,000 $2,000,000
$2,000,000
(x) Federal Award Project Description:
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS- CITY OF YAKIMA
Awarding Official Name
and Contact Information:
Jennifer Ferrer -Santa Ines
Director of Finance & Budget
Jennifer.ferrerAyakimawa gov
(xii) Assistance Listing CFDA Number and Name (the pass -through entity must
identify the dollar amount made available under each Federal award and the
CFDA number at time of disbursement)
21.027 - CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
(xiv) Indirect Cost Rate for Award Payment Method (lump sum payment or
the reimbursement)
Federal Award
REIMBURSEMENT
N/A
(xiii) Identification
of Whether the Award is
R&D
No.
Is the Agency
a Subrecipient for
the Purposes
of This Agreement? *"
YES
***The term "Contractor shall refer to a contractor or subrecipient, as determined in the City's sole
discretion and referenced in the FAIN table cover page.
PASS-THRU ENTITY
NAME
Name:
Title:
Signature:
Date:
City of Yakima
Seli71(crfi7ir-ccithi14 c
cfi'f' e
RECIPIENT
Name:
Title:
Signature:
Date:
Young Women Christian
Association
Cheri Kilty
Executive Director
If you require accommodation to access this form, alternate
formats are available upon request
AGREEMENT
Contractor YWCA OF YAKIMA
Project Title DOMESTIC VIOLENCE SHELTER —WEST CHESTNUT AVENUE
Contract Amount $ TWO MILLION DOLLARS ($2,000,000,00)
Contract Period From: February 7, 2023 To December 31, 2024
DUNS No, (if applicable) 91-0565563 SAM No, (if applicable)
THIS AGREEMENT ("Contract") is entered into by the CITY OF YAKIMA (the "City"), and
YWCA OF YAKIMA (the "Contractor") whose address is 818 West Yakima Avenue, Yakima,
Washington, 98902.
FUNDING SOURCES
Coronavirus State and
Local Fiscal Recovery
Funds(__SLFRFy
FUNDING LEVELS
EFFECTIVE DATES
See Contract Amount above See Contract Period above
WHEREAS, the City has been advised that the foregoing are the current funding sources,
funding levels and effective dates, and
WHEREAS, the City desires to have certain services performed by the Contractor as
described in this Contract, specifically the construction of a domestic violence shelter by the
Contractor,
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually agree as
follows:
Contractor understands and agrees that funds provided under this
Contract may come from a federal source and agrees to comply with
any and all additional applicable terms. In general, federal -specific
terms are in italics.
A. Contractor Capacity. Contractor agrees and confirms that it has the institutional,
managerial and financial capacity to ensure proper planning, management and
completion of the Domestic Violence Shelter proposed in the Scope of Work.
B. Technical Assistance. If, at any time, Contractor believes its capacity is
compromised or Contractor otherwise needs any sort of assistance, it SHALL
immediately notify the City. The City will make best efforts to provide timely
technical assistance to the Contractor to bring the Contract into compliance.
C. Compliance with Act. Contractor understands and agrees that funds provided
under this Contract may only be used in compliance with section 603(c) of the
Social Security Act (the Act), as added by section 9901 of the American Rescue
Plan Act, the U.S. Department of Treasury's ("Treasury's') regulations
implementing that section, and guidance issued by Treasury regarding the
foregoing.
Page 2 of 41
D. Definitions.
Words and terms shall be given their ordinary and usual meanings. Where used in the
Contract documents, the following words and terms shall have the meanings indicated,
The meanings shall be applicable to the singular, plural, masculine, feminine and
neuter of the words and terms.
ACCEPTANCE OR ACCEPTED -
A written determination by the City that the Contractor has
completed the Work in accordance with the Contract.
CONTRACT AMENDMENT -
A written change to the Contract modifying, deleting or adding to
the terms and conditions or Scope of Work, signed by both parties,
with or without notice to the sureties.
CONTRACTOR -
The individual, association, partnership, firm, company,
corporation, or combination thereof, including joint ventures,
contracting with the City for the performance of Work under the
Contract.
CONTRACT SPECIALIST - Yakima City Employee who interfaces with team members,
business owners, contractors, project staff and others to assist in
the administration of the City's contracts.
DAY
Calendar day.
YMC
The Yakima Municipal Code.
MEASURABLE AMOUNT OF
WORK -
A definitive allocation of an employee's time that an be attributed
to Work performed under this Contract, but that is not less than a
total of one hour in any one -week period.
PERSON -Includes individuals, associations, firms, companies, corporations,
partnerships, or combination thereof, including joint ventures.
PROJECT MANAGER - The individual designated by the City to manage the project on a
daily basis and who may represent the City for Contract
administration. The Project Manager may also be the Contract
Specialist.
RC
The Revised Code of Washington.
SCOPE OF WORK (SOW) -
An exhibit to the Contract consisting of a written description of the
Work to be performed.
SUBCONTRACTOR - The individual, association, partnership, firm, company,
corporation, or combination thereof, including joint ventures,
entering into an agreement with the Contractor to perform any
portion of the Work covered by this Contract.
SUBRECIP ENT -
An entity that uses the awarded funds to carry out a program for a
public purpose specified in the authorizing statute or ordinance, as
opposed to providing goods or services for the benefit of the City.
WORK -
Everything to be provided and done for the fulfillment of the
Contract and shall include services, goods and supplies specified
under this Contract, including Contract Amendments*
ADMINISTRATOR -
The Finance Director.
SmallSmaU Contractor or Supplier or
-
A business and the person or persons who own and control it that
are in a financial condition which puts the business at a substantial
disadvantage in attempting to compete for public contracts. The
relevant financial condition for eligibility under the Contracting
Opportunities Program is based on a dollar ceiling for standard
business classifications that is set at fifty percent (50%) of the
Federal Small Business Administration' (SBA) small business size
standards using the North American Industrial Classification
System (NAICS), and an Ownerspersonal net worth less than
$1,320,000 dollars.
2, Contract Services and Requirements, and Incorporated Exhibits.
The Contractor shall provide services and meet the requirements included in this Contract and
in the following attached exhibits, except for Exhibit G which shall be provided by the City,
each of which is incorporated herein by this reference:
EXHIBIT NAME
NUMBER/LETTER
Scope of Work
A
udget
Contractor's Proposal
B
Civil Rights Certification
Lobbying Certification
Cost Certification
E
F
Contract Between the Federal Government and City
G
Scope of Eligible Expenditures. Funds shall only be used to pay or reimburse
eligible expenditures as described in Exhibit A. No funds may be used to pay or
reimburse expenditures reimbursed under any other federal or state program, or
from any other third -party source.
B. Contractor Responsibilities. The funds provided under the Contract may come
from a federal source. Contractor agrees to administer the Contract consistent
with the terms and conditions of this Contract, in accordance with section 603(c)
of the Act, the Treasury's regulations implementing that section, and guidance
issued by Treasury regarding the foregoing, as well as any other applicable
federal laws and regulations. As part of the invoicing process, the Contractor
shall provide the City with a "Cost Certification" that funding of this Contract
was used for eligible expenditures. Contractor shall also provide the City with a
"Civil Rights Certification" prior to payment for work authorized by this Contract.
C. Reporting. Contractor shall provide the City with the following reports in a
timely manner:
i. Monthly / Quarterly Expenditure Report by the 10th of month following
expenditure to facilitate required quarterly City reporting.
ii. Payment Request Report
iii. Closeout Report
Contract Term.
A. This Contract shall begin on February 7, 2023 and shall terminate on December 31,
2024, unless extended or terminated earlier, pursuant to the terms and conditions of
the Contract.
B. This Contract may be extended through December 31, 2026 in one year increments
upon agreement of the parties. No change in terms and conditions will be permitted
during these extensions unless specifically agreed to in writing.
4. Compensation and Method of Payment.
A. Compensation:
The City shall compensate the Contractor for satisfactory completion of the services
and requirements as specified in this Contract and its attached exhibit(s).
B. Invoicing:
The Contractor shall submit invoices and all accompanying reports as specified in the
attached exhibit(s), including its final invoice and all outstanding reports. The City shall
endeavor to make payment not more than 30 days after a complete and accurate
invoice is received.
C. Final Invoice:
The Contractor shall submit its final invoice and all outstanding reports as specified in
this contract and its attached exhibit(s). If the Contractor's final invoice and reports are
not submitted as required, the City will be relieved of all liability for payment to the
Contractor of the amounts set forth in the final invoice or any later invoice.
D. Reimbursement for Travel:
The Contractor will not be reimbursed for travel unless otherwise specified within an
Exhibit.
Internal Control and Accounting System.
The Contractor shall establish and maintain a system of accounting and internal controls that
complies with the generally accepted accounting principles issued by the Financial Accounting
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as
is applicable to the Contractor's form of doing business.
6. Debarment and Suspension Certification.
If this Contract is a covered transaction for purposes of federally funded grant
requirements, the Contractor is required to verify that none of the Contractor, its
principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are
excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is
required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
Debarment status may be verified at https://www.sam.qov By signing and submitting
this Contract, the Contractor certifies as follows:
The certification in this clause is a material representation of fact relied upon by the
City of Yakima, If it is later determined that the Contractor knowingly rendered an
erroneous certification, in addition to remedies available to the City of Yakima, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The Contractor agrees to comply with the
requirements of 49 CFR 29, Subpart C while performing this Contract and further
agrees to include a provision requiring such compliance in its lower tier covered
transactions,
7. Maintenance of Records.
A. Accounts and Records:
Contractor shall maintain ALL (100%) records and financial documents sufficient to
evidence compliance with section 603(c) of the Act, Treasury's regulations
implementing that section, and guidance issued by Treasury regarding the
foregoing. These records shall be maintained for a period of six (6) years after the
last date that all funds have been expended or returned to the City, whichever is
later, to ensure proper accounting for all funds and compliance with the Contract,
ii. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Contractor in order to conduct audits or other investigations.
iii. The Contractor shall maintain for a period of six years after termination of this Contract
accounts and records, including personnel, property, financial, and programmatic
records and other such records the City may deem necessary to ensure proper
accounting and compliance with this Contract.
B. Nondiscrimination and Equal Employment Records:
In accordance with the nondiscrimination and equal employment opportunity
requirements set forth in Section 24, Nondiscrimination and Payment of a Living Wage
below, the Contractor shall maintain the following for a period of six years after
termination of this Contract:
Records of employment, employment advertisements, application forms, and other
data, records and information related to employment, applications for employment
or the administration or delivery of services or any other benefits under this
Contract; and
ii. Records, including written quotes, bids, estimates or proposals, submitted to the
Contractor by all entities seeking to participate in this Contract, and any other
information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records.
The City may visit the site of the work and the Contractor's office to review these
records. The Contractor shall provide all help requested by the City during such
visits and make the foregoing records available to the City for inspection and
copying. At all reasonable times, the Contractor shall provide to the City, the state,
and/or federal agencies or officials access to its facilities —including those of any
subcontractor assigned any portion of this Contract in order to monitor and evaluate
the services provided under this Contract. The City will give reasonable advance
notice to the Contractor in the case of audits to be conducted by the City. The
Contractor shall comply with all record keeping requirements of any applicable
federal rules, regulations or statutes included or referenced in the contract
documents. If different from the Contractor's address listed above, the Contractor
shall inform the City in writing of the location of its books, records, documents, and
other evidence for which review is sought, and shall notify the City in writing of any
changes in location within 14 days of any such relocation.
8. Evaluations and Inspections.
A. Subject to Inspection, Review, or Audit:
The records and documents with respect to all matters covered by this Contract shall
be subject at all time to inspection, review, or audit by the City and/or federal/state
officials authorized by law during the performance of this Contract and for six years
after termination hereof, unless a longer retention period is required by law.
B. Medical Records:
If applicable, medical records shall be maintained and preserved by the Contractor in
accordance with state and federal medical records statutes, including but not limited to
RCW 70.41.190, 70.02.160, and standard medical records practice. The Contractor
shall also be responsible for the maintenance and disposal of such medical records.
C. Contract Monitoring
The Contractor and the City shall engage in monitoring visits to assess the
Contractor's compliance with contract requirements, quality, and practices. The City
will execute monitoring visits in accordance with the applicable frequency, as
prescribed by the controlling Exhibit under this Contract. The Contractor shall
cooperate with the City and its agents to assess the Contractor's performance under
this Contract. At the request of the City, the Contractor shall implement a plan to
remedy any items of noncompliance identified during the monitoring process.
The results and records of these processes shall be maintained and disclosed in
accordance with RCW Chapter 42.56,
D. Performance, Measurement and Evaluation
The Contractor shall submit performance metrics and program data as set forth in
Exhibits to this Contract. The Contractor shall participate in evaluation activities as
required by the City and shall make available all information required by any such
performance measurement and evaluation processes.
E. Unauthorized Disclosure:
The Contractor agrees that all information, records, and data collected in connection
with this Contract shall be protected from unauthorized disclosure in accordance with
applicable state and federal law.
Compliance with the Health Insurance Portability and Accountability Act of 1996
(HIPAA).
The Contractor shall not use protected health information created or shared under this
Contract in any manner that would constitute a violation of HIPAA and any regulations enacted
pursuant to its provisions. Contractor shall read and maintain compliance with all HIPAA,
requirements at the U.S. Office of Civil Rights website: https://www.hhs.gov/hipaa/index.html
10. Financial Report Submission.
The Contractor is required to submit a financial reporting package as described in A through C
below. All required documentation must be submitted by email to
jennifer.ferrervakimawa.qov by the stated due date.
A. If the Contractor is a Non -Federal entity as defined in 2 CFR Part 200.69, and expends
$750,000 or more in Federal awards during its fiscal year, then the Contractor shall
meet the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to
the City within nine months after the close of the Contractor's fiscal year.
B. If the Contractor is a local government in the State of Washington and is not subject to
the requirements in subsection A, the Contractor shall submit audited financial
statements that are in accordance with the Washington State Auditor's Office
requirements, Financial statement audits are due to the City within 150 days after the
close of the Contractors fiscal year end as required by RCW 43.09.230.
C. If the Contractor is not subject to the requirements in subsection A or B, the following
apply:
Entity Type
Non-Profi
For Profit
Gross
Revenue
Gross Revenue
Under $3M on
average in the
previous three
fiscal years.
Gross Revenue
Over $3M on
average in the
previous three
fiscal years.
Required
Documentation
Form 990
within 30 days
of its being
filed; and
A full set of
annual internal
financial
statements
Audited financial
statements
prepared by an
independent
Certified Public
Accountant or
Accounting Firm
Gross Revenue
Under $3M on
average in the
previous three
fiscal years.
•
Income tax
return; and
A full set of
annual internal
financial
statements
Gross Revenue
Over $3M on
average in the
previous three
fiscal years.
Audited financial
statements
prepared by an
independent
Certified Public
Accountant or
Accounting Firm
Due Date
D. Waiver:
Within 30
calendar days
from the forms
being filed.
Within nine
months following
the close of the
Contractor's fiscal
year.
Within 30
calendar days
from the forms
being filed.
Within nine
months following
the close of the
Contractor's
fiscal year.
A Contractor that is not subject to the requirements in subsection A may, in
extraordinary circumstances, request, and in the City's sole discretion be granted, a
waiver of the audit requirements. Such requests are made to the City to Jennifer Ferrer
Santa -Ines, iennifer.ferrer@yakimawa.qov for review. If approved by the City, the
Contractor may substitute for the above requirements other forms of financial reporting
or fiscal representation certified by the Contractor's Board of Directors, provided the
Contractor meets the following criteria:
i. Financial reporting and any associated management letter show no reportable
conditions or internal control issues; and
ii. There has been no turnover in key staff since the beginning of the period for which
the financial reporting was completed.
11. Corrective Action.
If the City determines that the Contractor has failed to comply with any terms or conditions of
this Contract, or the Contractor has failed to provide in any manner the work or services (each
a "breach"), and if the City determines that the breach warrants corrective action, the following
procedure will apply:
A. Written Notification:
The City will notify the Contractor in writing of the nature of the breach.
B. Contractor's Corrective Action Plan:
The Contractor shall respond with a written corrective action plan within fourteen days
of its receipt of such notification unless the City, at its sole discretion, extends in writing
the response time. The plan shall indicate the steps being taken to correct the specified
breach and shall specify the proposed completion date for curing the breach. This date
shall not be more 30 days from the date of the Contractor's response, unless the City,
at its sole discretion, specifies in writing an extension to complete the corrective
actions.
C. City's Determination of Corrective Action Plan Sufficiency:
The City will determine the sufficiency of the Contractor's proposed corrective action
plan, then notify the Contractor in writing of that determination. The determination of
sufficiency of the Contractor's corrective action plan shall be at the sole discretion of
the City.
D. Termination or Suspension:
If the Contractor does not respond within the appropriate time with a corrective action
plan, or the Contractor's corrective action plan is determined by the City to be
insufficient, the City may terminate or suspend this Contract in whole or in part
pursuant to Section 13,
E. Withholding Payment:
In addition, the City may withhold any payment to the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed.
F. Non -Waiver of Rights:
Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section 13, Subsections B, C, and D.
G. Remedial Actions: In the event of Contractor's noncompliance with section
603(c) of the Act, Treasury's regulations implementing that section, guidance
issued by Treasury regarding the foregoing, or any other applicable federal laws
or regulations, Treasury may take available remedial actions as set forth in 2
C.F.R. 200.339.
H. Recoupment:
L Contractor agrees that it is financially responsible for and will repay the City
any and all indicated amounts following an audit exception which occurs due
to Contractor's failure, for any reason, to comply with the terms of this
Contract, federal, state or local law. This duty to repay the City shall not be
diminished or extinguished by the termination of the Contract.
ii. In the event of a violation of section 603(c) of the Act, the funds shall be
subject to recoupment by the City.
iii. Any funds paid to Contractor (1) in excess of the amount to which Contractor
is authorized to retain under the terms of the Contract; (2) that are
determined by the Treasury Office of Inspector General to have been
misused; (3) are determined by Treasury to be subject to a repayment
obligation pursuant to section 603(e) of the Act; or (4) are otherwise subject
to recoupment by the City, and have not been repaid by Contractor to the City
shall constitute a debt to the City.
iv. Any debts determined to be owed the City must be paid promptly by the
Contractor. A debt is delinquent if it has not been paid by the date specified
in the City's initial written demand for payment, unless other satisfactory
arrangements have been made or if the City knowingly or improperly retains
funds that are a debt. The City will take any actions available to it to collect
such a debt.
12. Dispute Resolution.
The parties shall use their best, good -faith efforts to cooperatively resolve disputes and
problems that arise in connection with this Contract. Both parties will make a good faith effort to
continue without delay to carry out their respective responsibilities under this Contract while
attempting to resolve the dispute under this section.
13. Termination.
A. Termination for Failure to Perform:
This Contract shall be terminated on July 31, 2024, in the event the Contractor has not
secured 100% of the necessary funding to construct the Shelter facility contemplated in
this Contract. Any funds paid to the Contractor prior to July 31, 2024, shall be
reimbursed to the City within thirty (30) days of the date of termination.
B. Termination for Convenience:
This Contract may be terminated by the City without cause, in whole or in part, at any
time during the term specified in Section 3, Contract Term above, by providing the
other party 30 calendar days advance written notice of the termination. The Contract
may be suspended by the City without cause, in whole or in part, at any time during the
term specified in Section 3. above, by providing the Contractor 30 calendar days
advance written notice of the suspension.
C. Termination for Default:
The City may terminate or suspend this Contract, in whole or in part, upon ten days
advance written notice if: (1) the Contractor breaches any duty, obligation, or service
required pursuant to this Contract and either (a) the corrective action process
described in Section 11 fails to cure the breach or (b) the City determines that requiring
a corrective action plan is impractical or that the duties, obligations, or services
required herein become impossible, illegal, or not feasible. If the Contract is terminated
by the City pursuant to this Subsection 13.B., the Contractor shall be liable for
damages, including any additional costs of procuring similar services from another
source.
If the termination results from acts or omissions of the Contractor, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, the Contractor shall return to the City immediately any funds,
misappropriated or unexpended, that have been paid to the Contractor by the City.
D. Termination for Non-Approoriation:
If expected or actual funding is withdrawn, reduced, or limited in any way prior to the
termination date set forth above in Section 3, the City may, upon ten days advance
written notice to the Contractor, terminate or suspend this Contract in whole or in part.
If the Contract is terminated or suspended as provided in this Section: (1) the City will
be liable only for payment in accordance with the terms of this Contract for services
rendered prior to the effective date of termination or suspension; and (2) the Contractor
shall be released from any obligation to provide such further services pursuant to the
Contract as are affected by the termination or suspension.
Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the City Council and/or other identified funding
source(s) of sufficient funds to support the activities described in the Contract. If such
appropriation is not approved, this Contract will terminate at the close of the current
appropriation year. The current funding sources associated with this Contract are
specified on page one.
If the Contract is suspended as provided in this Section, the City may provide written
authorization to resume activities.
E. Non -Waiver of Rights:
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or by law or equity that either party may have if any of the obligations, terms,
and conditions set forth in this Contract are breached by the other party.
14. Hold Harmless and Indemnification.
A. Duties as Independent Contractor:
In providing services under this Contract, the Contractor is an independent contractor,
and neither it nor its officers, agents, or employees are employees of the City for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil
service rights which may accrue to a County employee under state or local law. The
parties intend that an independent contractor relationship shall be created by this
Contract. The Contractor shall not make any claim of right, privilege or benefit which
would accrue to an employee under chapter 41.06 RCW or Title 51 RCW.
The City assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by
reason of this Contract.
The Contractor shall release, protect, indemnify, defend and save harmless the City, its
elected and appointed officials, officers, agents, employees, representatives, insurers,
attorneys, and volunteers from all liabilities, losses, damages, and expenses related to
all claims, costs, and/or losses whatsoever occurring or resulting from (1) the
Contractor's failure to pay any such compensation, wages, benefits, prevailing wages,
or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or
supplies by Contractor employees or other suppliers in connection with or support of
the performance of this Contract; and/or (3) all liabilities, losses, damages, and
expenses related to all claims, suits, arbitration actions, investigations, and regulatory
or other governmental proceedings arising from or in connection with this Contract or
the acts, failures to act, errors or omissions of the Contractor, or any of Contractor's
agents or subcontractors, in performance of this Contract,
except for claims caused by the City's sole negligence. The City's right to
indemnification includes attorney's fees and costs associated with establishing the right
to indemnification hereunder in favor of the City.
If, for any reason, the Contractor's required licenses or certificates are terminated,
suspended, revoked or in any manner modified from their status at the time this
Contract becomes effective, the Contractor shall notify the City immediately of such
condition in writing. The Contractor and Subcontractor(s) shall maintain and be liable
for payment of all applicable taxes (except sales/use taxes), fees, licenses, permits and
costs as may be required by applicable federal, state or local laws and regulations as
may be required to provide the Work under this Contract.
B. Intellectual Property Infringement:
For purposes of this section, claims shall include, but not be limited to, assertions that
use or transfer of software, book, document, report, film, tape, or sound reproduction or
material of any kind, delivered hereunder, constitutes an infringement of any copyright,
patent, trademark, trade name, and/or otherwise results in unfair trade practice.
The indemnification, protection, defense and save harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Contract.
C. Nondisclosure of Data:
Data provided by the City either before or after Contract award shall only be used for
its intended purpose. Contractors and Subcontractors shall not utilize nor distribute the
City data in any form without the prior express written approval of the City.
D. Non -Disclosure Obligation:
While performing the Work under this Contract, the Contractor may encounter personal
information, licensed technology, drawings, schematics, manuals, data and other
materials described as "Confidential'', "Proprietary" or "Business Secret". The
Contractor shall not disclose or publish the information and material received or used in
performance of this Contract, This obligation is perpetual. The Contract imposes no
obligation upon the Contractor with respect to confidential information which the
Contractor can establish that: a) was in the possession of, or was rightfully known by
the Contractor without an obligation to maintain its confidentiality prior to receipt from
the City or a third party; b) is or becomes generally known to the public without
violation of this Contract; c) is obtained by the Contractor in good faith from a third
party having the right to disclose it without an obligation of confidentiality; or, d) is
independently developed by the Contractor without the participation of individuals who
have had access to the City's or the third party's confidential information, If the
Contractor is required by law to disclose confidential information the Contractor shall
notify the City of such requirement prior to disclosure.
E. Indemnification:
To the maximum extent permitted by law, Contractor shall, at its cost and expense,
protect, defend, indemnify and hold harmless the City, its elected and appointed
officials, directors, officers, employees, agents, representatives, insurers, attorneys,
and volunteers, from and against any and all demands, liabilities, causes of action,
costs and expenses (including attorney's fees), claims, judgments, or awards of
damages, arising out of or in any way resulting from the acts or omissions of
Contractor, its directors, officers, employees, or agents, relating in any way to the
Contractor's performance or nonperformance under the Contract, or the acts, failures
to act, errors or omissions of the Contractor, or any of Contractor's agents or
subcontractors, in performance of this Contract, unless and except the claims are
caused by the City's sole negligence. These indemnification obligations shall survive
the termination of the Contract, The Contractor agrees that its obligations under this
paragraph extend to any demands, liabilities, causes of action, or claims brought by, or
on behalf of, any of its employees or agents. For this purpose, the Contractor, by
mutual negotiation, hereby waives, as respects the City only, any immunity that would
otherwise be available against such claims under any industrial insurance act,
including Title 51 RCW, other Worker's Compensation act, disability benefit act, or
other employee benefit act of any jurisdiction which would otherwise be applicable in
the case of such claim. in addition, the Contractor shall protect and assume the
defense of the City and its officers, agents and employees in all legal or claim
proceedings arising out of, in connection with, or incidental to its indemnity obligation;
and shall pay ail defense expenses, including reasonable attorney's fees, expert fees
and costs incurred by the City on account of such litigation or claims. If the City incurs
any judgment, award, and/or cost arising therefrom including reasonable attorney's
fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Contractor. The City's right to indemnification includes attorney's
fees and costs associated with establishing the right to indemnification hereunder in
favor of the City,
F. Return of Unused Funds: If Contractor has any unspent funds on hand as of the
earlier of December 31, 2024 (or December 31, 2026 if the Contract term is fully
extended), or the termination of this Contract under Section 13, Contractor shall return
all unspent funds to the City within ten (10) calendar days.
15. False Statements.
Contractor understands that making false statements or claims in connection with this
Contract may be a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal or county awards or contracts, and/or any other
remedy available by law.
16. Publications.
Any publications produced with funds from this Contract must display the following
language: "This project is supported, in whole or in part, by federal award number
CFDA 21.027 Coronavirus State and Local Fiscal Recovery Funds awarded to the City of
Yakima, Washington by the U.S. Department of the Treasury."
17. Disclaimer bv the City and United States.
A. The United States has expressly disclaimed any and all responsibility or liability
to the City or third persons for the actions of the City or third persons resulting
in death, bodily injury, property damages, or any other losses resulting in any
way from the performance of this award or any other losses resulting in any way
from the performance of the award of Federal funds to the City under section
603(c) of the Act, or any contract or subcontract under such award.
B. The City expressly disclaims any and all responsibility or liability to the
Contractor or third persons for the actions of the Contractor or third persons
resulting in death, bodily injury, property damages, or any other losses resulting
in any way from the performance of this Contract or any other losses resulting in
any way from the performance of the Contract, or any subcontract thereto.
C. This Contract does not in any way establish an agency relationship between or
among the United States, the City, and/or Contractor.
18. Protection for Whistleblowers.
A. In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal contract
or grant, a gross waste of federal funds, an abuse of authority relating to a
federal contract or grant, a substantial and specific danger to public health or
safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
B. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
ill. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Contractor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
C. Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the
workforce.
19. Increasing Seat Belt Use in the United States.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is
encouraged to adopt and enforce on-the-job seat belt policies and programs for its their
employees when operating company -owned, rented or personally owned vehicles.
2a Reducing Text Messaging While Driving.
Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), Contractor is
encouraged to adopt and enforce policies that ban text messaging while driving, and to
establish workplace safety policies to decrease accidents caused by distracted drivers.
21. Insurance Requirements.
Upon execution of this Contract, the Contractor, at its own cost, shall have procured and will
maintain for the duration of this Contract, insurance as specified in the Minimum Scope and
Limits of Insurance. The County reserves the right to require complete, certified copies of all
required insurance policies at any time.
Each insurance policy shall be written on an "occurrence" form; except that professional
liability, errors and omissions, will be acceptable on a "claims made" form.
If coverage is approved and purchased on a "claims made'basis, the Contractor warrants
continuation of coverage, either through policy renewals or the purchase of an extended
discovery period, if such extended coverage is available, for not less than three years from the
date of completion of the Work which is the subject of this Contract.
By requiring such minimum insurance coverage, the County shall not be deemed or construed
to have assessed the risks that may be applicable to the Contractor under this Contract, The
Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain
greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the scope,
application and/or limits of the coverage afforded, which coverage will apply to each insured to
the full extent provided by the terms and conditions of the policy(s). Nothing contained within
this provision shall affect and/or alter the application of any other provision contained within
this Contract.
A. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the
City with a certificate of insurance as proof of commercial liability insurance with a
minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,
combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) general aggregate. If Contractor carries higher coverage limits,
such limits shall be shown on the Certificate of Insurance and Endorsements and
the City, its elected and appointed officials, employees, agents, attorneys and
volunteers shall be named as additional insureds for such higher limits. 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 the Contract. The policy shall name the City
of Yakima, its elected and appointed officials, employees, agents, attorneys and
volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City prior written
notice. The insurance shall be with an insurance company or companies rated A-
VII or higher in Best's Guide and admitted to the State of Washington. The
requirements contained herein, as well as the City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not
in any manner limit or qualify the liabilities or obligations assumed by Contractor
under this Contract.
B. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with
a certificate of insurance as proof of automobile liability insurance with a minimum
liability limit of Two Million Dollars ($2,000,000M) per occurrence, If Contractor carries
higher coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents,
attorneys and volunteers shall be named as additional insureds for such higher limits.
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 of Yakima, its
elected and appointed officials, employees, agents, attorneys, representatives, and
volunteers as additional insureds, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City prior written notice, The
insurance shall be with an insurance company or companies rated A-VII or higher in
Best's Guide and admitted in the State of Washington. The requirements contained
herein, as well as City of Yakima's review or acceptance of insurance maintained by
Contractor is not intended to and shall not in any manner limit or qualify the liabilities or
obligations assumed by Contractor under this Contract. The business auto liability shall
include Hired and Non -Owned coverage if necessary.
C. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers'
compensation, occupational disease, and occupational health and safety laws, statutes,
and regulations to the full extent applicable, and shall maintain Employer's Liability
Insurance with a limit of no less than $1,000,000.00. The City shall not be held
responsible in any way for claims filed by Contractor or its employees for services
performed under the terms of this Contract including claims resulting from negligent acts
of all subcontractors. Contractor is responsible to ensure subcontractors have insurance
as needed. Failure of subcontractors to comply with insurance requirements does not
limit Contractor's liability or responsibility.
D. Professional Service
Contractor shall provide evidence of Professional Liability Insurance covering
professional errors and omissions. Such policy must provide the following minimum
limits: $2,000,000.00 per claim. If insurance is on a claims made form, its retroactive
date, and that of all subsequent renewals, shall be no later than the effective date of this
Contract,
E. Subcontractors
The Contractor shall include all Subcontractors as insureds under its policies or shall
furnish separate certificates of insurance and policy endorsements for each
Subcontractor. Insurance coverages provided by Subcontractors as evidence of
compliance with the insurance requirements of this Contract not provided by the
Contractor, shall be subject to all of the requirements stated herein.
F. Work Site Safety
The Contractor shall have the "right to control" and bear the sole responsibility for the job
site conditions, and job site safety. The Contractor shall comply with all applicable
federal, state and local safety regulations governing the job site, employees and
Subcontractors. The Contractor shall be responsible for the Subcontractor's compliance
with these provisions.
22. Assignment.
Contractor shall not assign any interest, obligation or benefit under or in this Contract or
transfer any interest in the same, whether by assignment or novation, without prior written
consent of the City. If assignment is approved, this Contract shall be binding upon and inure to
the benefit of the successors of the assigning party upon the written agreement by assignee to
assume and be responsible for the obligations and liabilities of the Contract, known and
unknown, and applicable law.
If at any time during the Contract term the Contractor experiences a change in its name or
federal tax status either through acquisition, novation, assignment, re -organization or some
other change that affects its Taxpayer Identification Number (TIN) or Tax Reporting Name, it
shall notify the City of Yakima immediately upon the information becoming publicly available.
This notification shall be sent by the Contractor to the current Contract Specialist via email
along with:
A. Any official announcements from the firm's representative(s) regarding the changes;
B. A new City of Yakima W-9; and
C. A current statement, listing of unfilled orders and electronic versions of all outstanding
invoices and credit memos at the time of the change shall be provided to the Contract
Specialist as soon as possible.
Any delay on the part of the Contractor to provide these items to the Contract Specialist may
result in the delay of payment and orders. The City may create a new contract number to
replace the existing one. All future orders and Contract Amendments will reference the new
contract number,
23. Subcontracting.
A. Written Consent of the City:
The Contractor shall not subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the prior written consent of the City.
The City's consent must be sought in writing by the Contractor not less than 15 days
prior to the date of any proposed subcontract.
The rejection or approval by the City of any subcontractor or the termination of a
subcontractor will not relieve Contractor of any of its responsibilities under the
Contract, nor be the basis for additional charges to the City.
In no event will the existence of the subcontract operate to release or reduce the
liability of Contractor to the City for any breach in the performance of Contractor's
duties.
The City has no contractual obligations to any subcontractor or vendor under contract
to the Contractor. Contractor is fully responsible for all contractual obligations, financial
or otherwise, to its subcontractors.
"Subcontract" Defined:
"Subcontract" shall mean any agreement between the Contractor and a subcontractor
or between subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of (1) support services not related to the
subject matter of this Contract, or (2) supplies.
C. Required Clauses for Subcontracts:
The Contractor shall include Sections:
Section #
Descri tion
1
Contractor capacity, technical assistance, compliance with
Act and Definitions section
5
7
8
11
14
15
16
17
18
19
20
21
23
24
25
34
35
40
46
47
Internal Control and Accounting System
Maintenance of Records
Evaluations and Inspections
Financial Report Submission
Hold Harmless and Indemnification
False Statements
Publications
Disclaimer b the Cit and United States
Protection of histleblowers
Increasing Seat Belt Use in the United States
Reducing Text Messaging While Driving
Insurance Requirements
Subcontracting
Nondiscrimination
Conflict of Interest
Services Provided in Accordance with Law and Rule and
Regulation
Applicable Law
Payment Procedures: Prompt Payment for Subcontractors
Background Checks
Subaward Language
in every subcontract or purchase agreement for services that relate to the subject matter of this
Contract.
D. Required Language for Subcontracts:
The Contractor shall include the following language verbatim in every subcontract for
services which relate to the subject matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless the City of Yakima,
its elected and appointed officials, officers, employees, agents, representatives,
insurers, attorneys, and volunteers, from any and all costs, claims, judgments, and/or
awards of damages arising out of, or in any way resulting from any act or omissions of
subcontractor, its officers, employees, and/or agents in connection with or in support of
this Contract. Subcontractor expressly agrees and understands that the City of Yakima
is a third -party beneficiary to its Contract with Contractor and shall have the right to
bring an action against subcontractor to enforce the provisions of this paragraph."
24. Nondiscrimination.
A. The Contractor shall comply with all applicable federal, state and local laws regarding
discrimination, including those set forth in this Section.
B. Nondiscrimination:
During performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of the employee's or applicant's sex,
race, color, marital status, national origin, religious affiliation, disability, sexual
orientation, gender identity or expression or age except by minimum age and
retirement provisions, unless based upon a bona fide occupational qualification. The
Contractor will make equal employment opportunity efforts to ensure that applicants
and employees are treated equitably, without regard to their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity
or expression or age.
C. Equal Employment Opportunity Efforts:
The Contractor will undertake, and require all Subcontractors to undertake equal
employment opportunity efforts to ensure that applicants and employees are treated,
without regard to their sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression or age. Equal
employment opportunity efforts shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeships. The Contractor agrees to post, and to require
Subcontractors to post in conspicuous places available to employees and applicants
for employment notices setting forth this nondiscrimination clause.
D. Nondiscrimination in Subcontracting Practices:
During the term of this Contract, the Contractor shall not create barriers to open and
fair opportunities to participate in City contracts or to obtain or compete for contracts
and subcontracts as sources of supplies, equipment, construction and services. In
considering offers from and doing business with subcontractors and suppliers, the
Contractor shall not discriminate against any person because of their sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression or age except by minimum age and retirement provisions, unless
based upon a bona fide occupational qualification.
E. Sanctions for Violations:
Any violation of the mandatory requirements of the provisions of this Section shall be a
material breach of Contract, for which the Contractor may be subject to damages,
withholding payment and any other sanctions provided for by Contract and by applicable
law.
25. Conflict of Interest.
Contractor understands and agrees it must maintain a conflict of interest policy
consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is
applicable to each activity funded under this award. Contractor and subrecipients must
disclose in writing any potential conflict of interest affecting the awarded funds in
accordance with 2 C.F.R. § 200.112.
26. Equipment Purchase, Maintenance, and Ownership.
A. Equipment Maintenance:
The Contractor agrees that when Contract funds are used to pay for all or part of the
purchase costs of any equipment that costs $5,000 or more per item, and the purchase
of such equipment is identified in an exhibit to this Contract, such equipment is, upon
the purchase or receipt, the property of the City and/or federal/state government. The
Contractor shall be responsible for all proper care and maintenance of the equipment,
including securing and insuring such equipment.
B. Equipment Ownership:
The Contractor shall ensure that all such equipment is returned to the City or
federal/state government upon termination of this Contract unless otherwise agreed
upon by the parties.
27. Proprietary Rights.
A. OwnershipOwnershipRiqhts of Materials ResuItnQ from Contract:
Except as indicated below or as described in an Exhibit, the parties to this Contract
hereby agree that if any patentable or copyrightable material or article should result
from the work described herein, all rights accruing from such material or article shall be
the sole property of the City. To the extent that any rights in such materials vest initially
with the Contractor by operation of law or for any other reason, the Contractor hereby
perpetually and irrevocably assigns, transfers and quitclaims such rights to the City.
The City agrees to and does hereby grant to the Contractor a perpetual, irrevocable,
nonexclusive, and royalty -free license to use and create derivative works, according to
law, any material or article and use any method that may be developed as part of the
work under this Contract.
B. Ownership Rights of Previously Existing Materials:
The Contractor shall retain all ownership rights in any pre-existing patentable or
copyrightable materials or articles that are delivered under this Contract, but do not
originate from the work described herein. The Contractor agrees to and does hereby
grant to the City a perpetual, irrevocable, nonexclusive, and royalty -free license to use
and create derivative works, according to law, any pre-existing material or article and
use any method that may be delivered as part of the work under this Contract.
C. Continued Ownership Rights:
The Contractor shall sign all documents and perform other acts as the City deems
necessary to secure, maintain, renew, or restore the rights granted to the City as set
forth in this section,
28. Political Activity Prohibited.
None of the funds, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
29. Future Support.
The City makes no commitment to support contracted services and assumes no obligation for
future support of the contracted activity or activities that will be undertaken by Contractor at the
domestic violence shelter, except as expressly set forth in this Contract.
30. Entire Contract.
The parties agree that this Contract is the complete expression of the described subject
matter, and any oral or written representations or understandings not incorporated herein are
excluded, Both parties recognize that time is of the essence in the performance of this
Contract.
31. Contract Amendments.
Either party may request changes to this Contract Proposed changes that are mutually
agreed upon shall be incorporated only by written amendments to this Contract.
32. Notices.
Whenever this Contract provides for notice by one party to another, such notice shall be in
writing and directed to each party's contact representative indicated within the contract
exhibits. Any time within which a party must take some action shall be computed from the date
that any associated required notice is received by that party,
Unless otherwise specified in the Contract, all notices or documentation required or provided
pursuant to this Contract shall be in writing and shall be deemed duly given when received at
the addresses first set forth below via certified or registered first class mail, return receipt
requested, personal delivery or electronic mail. However, if any of the following occur: "notice
to cure" a default, Contractor communication in connection with an alleged default, or notice of
termination, such notice or communication shall only be delivered personally, or by certified or
registered first class mail, return receipt requested.
CITY OF YAKIMA
CONTRACTOR
Robert Harrison
City Manager
129 North 2nd Street
Cheri Kilty
Executive Director
818 W Yakima Ave
Yakima, WA 98901
bob,harrison@yakimawagov
Copy to:
Cally Price
129 North 2Street
Yakima, WA 98901
Cally.price@yakimaw .gov
Yakima, WA 98902
ckelty@ywcayakima.org
33. Services Provided in Accordance with Law and Rule and Regulation.
The Contractor and any subcontractor agree to abide by the laws of the state of Washington,
rules and regulations promulgated thereunder, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract, all
of which are incorporated herein by reference.
If there is an irreconcilable conflict between any of the language contained in any exhibit or
attachment to this Contract, the language in the Contract shall control over the language
contained in the exhibit or the attachment, unless the exhibit provision expressly indicates that
it controls over inconsistent contract language. If there is conflict among requirements set forth
in exhibits, language contained in the lower numbered exhibit shall control unless the higher
numbered exhibit provision expressly indicates that it controls over inconsistent lower
numbered exhibit language.
34. Applicable Law.
A. This Contract shall be construed and interpreted in accordance with the laws of the
State of Washington. The venue for any action hereunder shall be in the Superior
Court for Yakima County, Washington.
B. Contractor agrees to comply with the requirements of section 603 of the Act, the
Treasury's regulations implementing that section, and guidance issued by
Treasury regarding the foregoing. Contractor also agrees to comply with all
other applicable federal laws, regulations, and executive orders, and Contractor
shall provide for such compliance by other parties in any agreements it enters
into with other parties relating to this Contract.
C. Federal regulations applicable to this award include, without limitation, the
following:
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Award; 2 C.F.R. Part 200, including the following:
1. Subpart A, Acronyms and Definitions;
ii. Subpart B, General Provisions;
iii. Subpart C, Pre -Federal Award Requirements and Contents of Federal
Awards;
iv. Subpart D, Post -Federal Award Requirements;
v. Subpart E, Cost Principles; and
vi. Subpart F, Audit Requirements.
Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Non -procurement), 2 C.F.R. Part 180, including the requirement to include a term
or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part
180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
New Restrictions on Lobbying, 31 C.F.R. Part 21.
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
Generally applicable federal environmental laws and regulations.
D. Statutes and regulations prohibiting discrimination applicable to this award
include, without limitation, the following:
i. Tide VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
Implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on
the basis of race, color, or national origin under programs or activities receiving
federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto;
vi. Hatch Act. Contractor agrees to comply, as applicable, with requirements of the
Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain political
activities of federal employees, as well as certain other employees who work in
connection with federally funded programs.
E. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (2 CFR 183)
i. The Contractor must exercise due diligence to ensure that none of the funds, including
supplies and services, received under this Contract are provided directly or indirectly
(including through subcontracts) to a person or entity who is actively opposing the United
States or coalition forces involved in a contingency operation in which members of the
Armed Forces are actively engaged in hostilities. The Contractor must terminate or void
in whole or part any subcontract with a person or entity listed in the System Award
Management Exclusions (SAM) as a prohibited or restricted sources pursuant to subtitle
E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides
written approval to continue the subcontract,
ii. The Federal awarding agency has the authority to terminate or void this Contract, in
whole or in part, if the Federal awarding agency becomes aware that the Contractor
failed to exercise due diligence as required by paragraph A of this clause of if the Federal
awarding agency becomes aware that any funds received under this Contract have been
provided directly or indirectly to a person or entity who is actively opposing coalition
forces involved in a contingency operation in which members of the Armed Forces are
actively engaged in hostilities.
iii. In addition to any other existing examination -of -records authority, the Federal
Government is authorized to examine any records of the Contractor and its Subcontracts
to the extent necessary to ensure that funds, including supplies and services, available
under this Contract are not provided, directly or indirectly, to a person or entity that is
actively engaged in hostilities, except for awards awarded by the Department of Defense
on or before Dec 19, 2017 that will be performed in the United States Central Command
(USCENTCOM) theater of operations.
iv, The Contract must include the substance of this clause, including paragraph, in
subcontracting agreements that have an estimated value over $50,000 and will be
performed outside the United States, including its outlying areas.
F. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (CFR 200.216)
Costs incurred for telecommunications and video surveillance services or equipment
such as phones, Internet, video surveillance, cloud servers are allowable except for the
following circumstances:
ii. Contractor and Subcontractor are prohibited from obligating or expending contract funds
to:
a. Procure or obtain;
b. Extend or renew a contract to procure or obtain; or
c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as
part of any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produces by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate
of such entities).
1. For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced
by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
2. Telecommunications or video surveillance services provided by such entities
or using such equipment.
3. Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with
the Director of the National Intelligence or the Director of the Federal Bureau
of Investigation, reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the government of a covered foreign country.
G. DOMESTIC PREFERENCES FOR PROCUREMENTS (CFR 200.322)
As appropriate and to the extent consistent with law, the Contractor should, to the
greatest extent practicable under a Federal award, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the
United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all
subcontracting agreements and purchase orders for work or products under this
contract.
ii. For purposes of this section:
a. -Produced in the United States- means, for iron and steel products, that all
manufacturing processes, from the initial melting state through the application
of coatings, occurred in the United States.
b. -Manufactured products" means items and construction material composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer -
based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
35. No Third-Partv Beneficiaries.
Except for the parties to whom this Contract is assigned in compliance with the terms of this
Contract, there are no third party beneficiaries to this Contract, and this Contract shall not
impart any rights enforceable by any person or entity that is not a party hereto.
36. Non -Waiver of Breach.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action
or failure to act by the City shall constitute a waiver of any right or duty afforded to the City
under the Contract; nor shall any such action or failure to act by the City modify the terms of
the Contract or constitute an approval of, or acquiescence in, any breach hereunder, except as
may be specifically stated by the City in writing.
37. Emergency Response Requirements.
Within three months of the execution of this Contract, the Contractor shall prepare and make
available to the City upon request, the necessary plans, procedures and protocols to:
A. Respond to and recover from a natural disaster or major disruption to Contractor
operations such as a work stoppage.
Continue operations during a prolonged event such as a pandemic.
If the Contractor does not have any such plan as of the start of this Contract, the
Contractor may request (i) an extension of the time needed to create a plan, and (ii) for
assistance from the City in preparing such a plan.
At a minimum, any plans, procedures, or protocols described in this section must
include how the Contractor plans to continue to provide the services described in or
funded by this Contract.
38. Contractor Certification.
By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and
conditions provided herein, it has read and understands all contracting requirements as
contained in this Contract and the Exhibits and Attachments hereto.
39. Payment Procedures; Prompt Payment of Subcontractors.
For Work Accepted by the City the Contractor shall furnish invoices to the City. All invoices
shall be sent to the City of Yakima, c/o the Finance Department. All invoices shall contain the
following information:
A. Invoice date
B. Purchase order number (if provided by the City)
C. Ship to address/location
D. Remit address
E. Item number(s)
F. Description of supplies or services
G. Quantities
H. Unit prices
I. Subtotal and totals amount
J. Discount terms or amount, if applicable
K. Applicable sales tax with correct tax rate based on destination
For each item invoiced, provide the complete description of the products, services, phases or
milestones Accepted, hours worked and Contract hourly rates, or authorized fees.
The City will not be bound by prices contained in an invoice that are higher than those in
Exhibit B, or if not used as part of this Contract, then the current price list for this Contract
approved by the City. Within thirty (30) Days after receipt of an invoice, the City shall pay the
Contractor for Accepted Work, upon acceptance of payment Contractor waives any claims for
the Work covered by the invoice.
If the Contractor is registered with the State of Washington it shall add all applicable State
sales or use taxes to each invoice and upon receipt of the payment promptly remit appropriate
amounts to the State of Washington, or the City will make payment directly to the State.
The Contractor agrees to pay each Subcontractor under this Contract for satisfactory
performance of its Subcontract within ten (10) Days from the receipt of each payment the
Contractor receives from the City.
40. Pricing.
Prices shall remain firm for the duration of the Contract. The Contractor may request a price
change(s) in writing delivered to the City. The Contractor shall provide documentation
satisfactory to the City in support of its request. The City reserves the right, in its sole
discretion, to grant the request as submitted, engage the Contractor in a discussion about
modifications to the request, or deny the request in its entirety. Any change in pricing granted
by the City shall be affected through a Contract Amendment instituting the price adjustment
and establishing an effective date.
41. Shipping Charges
All prices shall include freight FOB to the designated delivery point. The City shall reject
requests for additional compensation for freight charges.
42. Force Maieure
The term "force majeure" shall include, without limitation by the following enumeration: acts of
nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of
emergency repairs, industrial, civil or public disturbances, causing the inability to perform the
requirements of this Contract; provided, however, "force majeure" shall not include the COVID-
19 pandemic which is ongoing as of the date of the execution of this Contract. If any party is
rendered unable, wholly or in part, by a force majeure event to perform or comply with any
obligation or condition of this Contract, upon giving notice and reasonably full particulars to the
other party, such obligation or condition shall be suspended only for the time and to the extent
commercially practicable to restore normal operations. In the event the Contractor ceases to
be excused pursuant to this provision, then the City shall be entitled to exercise any remedies
otherwise provided for in this Contract, including termination for default.
43. Severability.
Whenever possible, each provision of this Contract shall be interpreted to be effective and
valid under applicable law, If any provision is found to be invalid, illegal or unenforceable, then
such provision or portion thereof shall be modified to the extent necessary to render it legal,
valid and enforceable and have the intent and economic effect as close as possible to the
invalid, illegal and unenforceable provision.
44. Background Checks.
Contractor warrants and represents that each and every Contractor employee can meet the
following requirements: (a) No convictions within the past ten (10) years for crimes involving
computers, moral turpitude, including fraud, perjury, dishonesty; and (b) No adverse
employment actions within the past ten (10) years regarding dishonesty or the use or misuse
of computers.
Contractor employees needing access to secure areas, records, or systems may be required
to complete a security/background check by the City. The City may require Contractor's
employees, agents, consultants or Subcontractors to complete a brief questionnaire and
complete fingerprinting as part of the investigation process. The required background check
will review and evaluate driving records, criminal records, employment histories, military
records, personal and employment references and related information. Contractor employees
failing the background check may, at the sole discretion of the City, be restricted from working
within secured areas or with City systems in any capacity. The Contractor will assign
alternative staff who have passed the background check to meet the requirements of the
Contract.
45. Subaward Language.
Pursuant to 2 C.R.F. Part 200.320, an agency must make a determination whether the
scope of work falls under a Subrecipient or Contractor relationship. The non -Federal
entity may concurrently receive Federal awards as a recipient, a subrecipient, and a
contractor, depending on the substance of its agreements with Federal awarding
agencies and pass -through entities. Therefore, a pass -through entity must make case -
by -case determinations whether each agreement it makes for the disbursement of
Federal program funds casts the party receiving the funds in the role of a subrecipient
or a contractor. The Federal awarding agency may supply and require recipients to
comply with additional guidance to support these determinations provided such
guidance does not conflict with this section.
A. Subrecipients. A subaward is for the purpose of carrying out a portion of a
Federal award and creates a Federal assistance relationship with the
subrecipient. Characteristics which support the classification of the non -Federal
entity as a subrecipient include when the non -Federal entity:
i. Determines who is eligible to receive what Federal assistance;
ii. Has its performance measured in relation to whether objectives of a Federal
program were met;
iii. Has responsibility for programmatic decision making;
iv. is responsible for adherence to applicable Federal program require ents
specified in the Federal award; and
v. In accordance with its agreement, uses the Federal funds to carry out a
program for a public purpose specified in authorizing statute, as opposed to
providing goods or services for the benefit of the pass -through entity.
B. Contractors. A contract is for the purpose of obtaining goods and services for
the non -Federal entity's own use and creates a procurement relationship with the
contractor. Characteristics indicative of a procurement relationship between the
non -Federal entity and a contractor are when the contractor:
1. Provides the goods and services within normal business operations;
ii. Provides similar goods or services to many different purchasers;
iii. Normally operates in a competitive environment;
iv. Provides goods or services that are ancillary to the operation of the Federal
program; and
v. Is not subject to compliance requirements of the Federal program as a result
of the agreement, though similar requirements may apply for other reasons.
Use of Judgment in Making Determination. In determining whether an agreement
between a pass -through entity and another non -Federal entity casts the latter as
a subrecipient or a contractor, the substance of the relationship is more
important than the form of the agreement. All of the characteristics listed above
may not be present in all cases, and the pass -through entity must use judgment
in classifying each agreement as a subaward or a procurement contract.
If the agency determines that the scope of work falls under a subrecipient relationship, all of
the information below must be included in any subaward agreement:
(1) Subrecipient agency name (which must
match the name associated with its unique
entity identifier);
(ii) Subrecipient agency's unique entity
identifier i.e. DUNS ;
YWCA of Yakima
TIN 91-0
7i) Federal Award Identification Number
(FAIN) or Federal;
(iv) Federal Award Date;
CFDA 21.027
March 3, 2021 through December 31,
2024
(v) Subrecipient agency Period of
Performance Start and End Date;
(vi) Amount of Federal Funds Obligated to the
subrecipient agency by this action;
(vii) Total Amount of Federal Funds Obligated
to the subrecipient agency;
March 3, 2021 through December 3
2024
Two Million Dollars ($2,000,000.00)
Two Million Dollars ($2,000,000.00)
ti) Total Amount of the Federal Award
ommitted to the subrecipient;
(ix) Federal award project description, as
required to be responsive to the Federal
Funding Accountability and Transparency
Act (FFATA)
(x) Name of Federal awarding agency, pass -
through entity, and contact information for
awarding official
Two Million Dollars ($2,000,000.00)
CORONAVIRUS STATE AND LOCAL
FISCAL RECOVERY FUNDS — CITY OF
YAKIMA, Public Health Category
Federal Awarding Agency:
DEPARTMENT OF THE TREASURY
Pass -Through Entity:
CITY OF YAKIMA
Jennifer Ferrer -Santa Ines
Finance Director
Jenniferferrer@yakimawa.gov
(xi) CFDA Number and Name; the pass -
through entity must identify the dollar
amount made available under each Federal
award and the CFDA number at time of
disbursement;
CFDA 21.027 Coronavirus State and
Local Fiscal Recovery Funds
(xii) Identification of whether the award is No
R&D; and
(xiii) Indirect cost rate for the Federal Award
N/A
Is the agency a subrecipient for the purposes
of this agreement?
Yes
The subawardee must be in compliance with the below and must note the required information
in their subaward agreements:
(1) A requirement that the subrecipient permit the pass -through entity and auditors
to have access to the subrecipient's records and financial statements as
necessary for the pass -through entity to meet the requirements of this part; and
(2) Appropriate terms and conditions concerning closeout of the subaward.
(3)
All requirements imposed by the pass -through entity on the subrecipient so that
the Federal award is used in accordance with Federal statutes, regulations and
the terms and conditions of the Federal award;
(4) Any additional requirements that the pass -through entity imposes on the
subrecipient in order for the pass -through entity to meet its own responsibility to
the Federal awarding agency including identification of any required financial
and performance reports;
(5) Evaluate each subrecipient's risk of noncompliance with Federal statutes,
regulations, and the terms and conditions of the subaward for purposes of
determining the appropriate subrecipient monitoring described in paragraphs (d)
and (e) of this section, which may include consideration of such factors as:
(a) The subrecipient's prior experience with the same or similar subawards;
(b) The results of previous audits including whether or not the subrecipient
receives a Single Audit in accordance with Subpart F—Audit Requirements of
this part, and the extent to which the same or similar subaward has been audited
as a major program;
(c) Whether the subrecipient has new personnel or new or substantially changed
systems; and
(d) The extent and results of Federal awarding agency monitoring (e.g., if the
subrecipient also receives Federal awards directly from a Federal awarding
agency).
(6) Consider imposing specific subaward conditions upon a subrecipient if
appropriate as described in §200.207 Specific conditions.
(7) Monitor the activities of the subrecipient as necessary to ensure that the
subaward is used for authorized purposes, in compliance with Federal statutes,
regulations, and the terms and conditions of the subaward; and that subaward
performance goals are achieved. Pass -through entity monitoring of the
subrecipient must include:
(a) Reviewing financial and performance reports required by the pass -through
entity.
(b) Following -up and ensuring that the subrecipient takes timely and appropriate
action on all deficiencies pertaining to the Federal award provided to the
subrecipient from the pass -through entity detected through audits, on -site
reviews, and other means.
(c) Issuing a management decision for audit findings pertaining to the Federal
award provided to the subrecipient from the pass -through entity as required by
§200.521 Management decision.
(8) Depending upon the pass -through entity's assessment of risk posed by the
subrecipient (as described in paragraph (b) of this section), the following
monitoring tools may be useful for the pass -through entity to ensure proper
accountability and compliance with program requirements and achievement of
performance goals:
(a) Providing subrecipients with training and technical assistance on program -
related matters; and
(b) Performing on -site reviews of the subrecipient's program operations;
(9)
(c) Arranging for agreed -upon -procedures engagements as described in
§200E425 Audit services.
Verify that every subrecipient is audited as required by Subpart F—Audit
Requirements of this part when it is expected that the subrecipients Federal
awards expended during the respective fiscal year equaled or exceeded the
threshold set forth in §200.501 Audit requirements.
(10) Consider whether the results of the subrecipients audits, on -site reviews, or
other monitoring indicate conditions that necessitate adjustments to the pass -
through entity's own records,
(11) Consider taking enforcement action against noncompliant subrecipients as
described in §200.338 Remedies for noncompliance of this part and in program
regulations.
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract:
CITY OF YAKIMA
Robert Harrison, City Manager
Date
CON CONTRACT NO:
RESOLUTION NO:
0-0)_7
42,5
YWCA OF YAKIMA
Cheri Kilty, Executive Dire tor
2192.3
Date
EXHIBIT A- SCOPE OF WORK AND COVID INFORMATION
1. SCOPE C>FWORK
The YWCA ofYakima has contracted with Hogback Development topurchase property toincrease its
capacity toserve victims ofdomestic violence and intimate partners violence. The funding provided
by this contract will be used for construction to convert the building into shelter rooms and associated
space for services for victims Vfdomestic violence. Further information about the construction costs
isfound inthe budget.
CVrren1|y, the facility is vacant, and was previously utilized for medical and office space. Significant
construction activities are necessary to convert the building from office and clinical space to
residential spaces for clients, Conatruction, funded in part by this cont[oct, will cneate45 safe
emergency shelter rooms that can house approximately 117adults and children. |naddition, men
fleeing domestic violence will also be able to receive safe shelter atthe facility.
In addition to she|tor, domestic violence victims will receive m wide range of vital services like legal
advocacy including assistance with completing and filing protection orders and education on legal
remedies avei|ab[e, safety planning, crisis services, including 34-houruhsis hotUne, individualized
oeee nnanegement, mental health and substance mbuse, education and domestic violence exvaneneoe
classes, after care counseling; life skills training; and financial education. Special attention will be
given tothe needs of children including how the facility isdesigned and services tailored toeach child
and fanli|y's needs. Providing crisis housing and services leads to breaking the cycle of abuse, trauma
and violence. Aspart ofthe conversion, some spaces will be reconstructed into appropriate office and
conference room space to facilitate the services anticipated to be offered at the shelter.
The positive impact of this projectiecommunity members experiencing domestic violence will have a
Safe place to 0n during times of crisis. Having safe housing helps increase personal and public safety
leading toward ahealthier community. When victims can address the trauma 0fdomestic violence,
they develop stronger mental and physical health. When they see the community supporting their
efforts torebuild their life. As aresult, they make epositive impact back into the community.
3. RELATION OFWORK TO COV|DPANDEM|C
The proposed project will help address the increasing critical shortage of crisis shelter for victims of
domestic violence in Yakima, WA. The YWCA Yakima is hereby proposing a second facility that will
expand our crisis shelter and transitional housing prngmann, provide case management services and
help victims rebuild their lives.
Yakima, Washington experiences domestic violence a1urate higher thGntherantofthestote,The
rate of incidents of domestic violence per 1,000 residents is twice as high as the average ofthe entire
state (13.8 incidents per 1,000 in YaW[O@ compared to 7.4 incidents per 1.080 in VVashinQtoD). The
prosecutor's office averages 16 new domestic violence charges filed each week. Officers respond to
countless calls for service each day.
The numbers above have increased by 30% during the global pandemic causing a surge iDdomestic
violence. Within the last 12 months there has been 1,952 intimate partner violence incidents recorded
by the Yakima Police Department. See following link for additional data. Domestic Violence Incidents
(arcqis-com), The National Commission on Covid-1 9 and Criminal Justice shows that domestic
Over 15,000 hotline calls seeking safe housing from victims of domestic violence were answered by
YWCA Yakima staff over the last 3 years. During this same timeframe we have housed 1,200 victims
of domestic violence in our crisis housing, while referring another 1,000 to other shelters or other
community resources and relocating victims for their own safety to other communities. Turning away
victims and referring them to other resources leaves them vulnerable to more violence and abuse.
The funding provided by this contract will assist YWCA Yakima alleviate some of the crisis shelter and
transitional housing beds needed in the City of Yakima,
EXHIBIT B BUDGET
J
z
z
0
0
E
4
z
E
z
4
z
v
E
irq
z'
a
a
0
0
E
a
Id
0
E
Q
E
M1S
0
a+
e
0
a
eT,
rn
u.0
x
w
2
E
2
tJ
0
0
Source = Uses
...F u 83J 0
SUBTOTAL
U
E
5
+rx
0
evelopment Budgets
4.0
0
a
1-
U
Ann,tfl
IgHgH' 1g
e.e,g,g1
fJe ,0 0
•
V., qt,
CI
...., c
0.. _
a a 0
00
0
< W.
SUBTOTAL
SUBTOTAL
I e
Construction Loa
Construction L
Construction Peri
Lease -up Period
SUBTOTAL
Development Budgets
E
2
§
\)
3
k
E
E
■
z
E
z
2:2
E E E /) j
0
2
SUBTOTAL
5 f/ t
\jLL Cel
r
ID -
sil
, )
[
$
E
velopment Budgets
cu
�
E
0
w
0
■
(
Source Name
415
( 0
«
)
%
§
3
es & Course
LL
ent Agent Fees & C
CrZ
EXHIBIT C- CONTRACTOR'S PROPOSAL
Yakima, Washington experiences domestic violence atarate higher than the rest Vfthe state.
The rate of incidents of domestic violence per 1,000 residents is almost twice as high as the
average of the entire state (13.9 incidents per 1,000 in Yakima compared to 7.4 incidents per
1,000 in Washington). The prosecutor's office averages 16 new domestic violence charges filed
each week, Officers respond tocountless calls for service each day.
Over l5,00Nhotline calls seeking safe housing from victims ofdomestic violence were
answered byYWCA Yakima staff over the last 3years. During this same tinlefr8OlevVe have
housed 1200 victims ofdomestic violence in our crisis housing, while referring another lOOOto
other shelters or other community resources and relocating victims for their own safety to
other communities. Turning away victims and referring them to other resources leaves them
vulnerable to more violence and abuse.
This projectwill help address the ongoingcritical shortage mfcrisis beds for victims ofdomestic
violence in Yakima, WA. The YWCA Yakima proposes a second facility that would add 50
additional crisis shelter and transitional housing beds, provide case management services and
help victims rebuild their lives.
YWCA Yakima is seeking funding to expand the number of domestic violence crisis beds
available. YWCA Yakima have identified the Old St. Elizabeth Nursing School building as
suitable facility inour community torenovate and provide 5Oplus beds for families fleeing
domestic violence, This expansion will help us
Domestic violence victims will receive a wide range of vital services like legal advocacy including
assistance with completing and filing protection orders, and education on legal remedies
available, safety planning, crisis services, including 24-hour crisis hotline, individualized case
management, mental health and substance abuse, education, and domestic violence awareness
classes, aftercare counseling; life skills training; and financial education. Special attention will
be given tothe needs ofchildren including how the facility |sdesigned and services tailored to
each child and farni|»/sneeds. Providing crisis housing and services leads tobreaking the cycle
ofabuse, trauma, and violence.
The positive impact ofthis project isoarnnnunityrnermbecyexpehendngdonmestcxio|encavvi8
have a safe place to go during times of crisis. Having safe housing helps increase personal and
public safety leading toward a healthier community. When victims can address the trauma of
domestic violence, they develop stronger mental and physical health. When they see the
community supporting their efforts to rebuild their life. As a result, they make a positive impact
back into the community.
The current YWCA Yakima facility houses 400 victims of domestic violence a year and we have another
400 plus victims that we work with to find a safe place to stay until the YWCA has space to bring the
family into its shelter. Adding an additional facility with 45 new safe residential spaces that can serve up
to 117 adults and children will enable us to better meet the needs of the community. Further, some
space will be reserved for men who are victims of domestic violence, serving a portion of the community
which the YWCA did not previously have the capacity to serve with shelter beds. The construction
project proposes reconstruction of the interior space in a three story building which formerly held office
space for a local hospital. That space will be converted into shelter rooms for victims and their families,
shared kitchen and living space, areas where victims and families can receive services, and office space,
The plans for each floor are attached as part of this proposal,
Please also see the Scope of Work which outlines with more particulars the construction project.
Floor plans are on file in the City Clerk’s office.
Floor plans are on file in the City Clerk’s office.
Floor plans are on file in the City Clerk’s office.
EXHIBIT D- CIVIL RIGHTS CERTIFICATION
CIVIL RIGHTS CERTIFICATION FORM
The funds provided to the grantee named below (hereinafter referred to as the "Grantee") are available under
section 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act.
Grantee understands and acknowledges that;
As a condition of receipt of federal financial assistance from the Department of the Treasury, with monies
distributed through the City ofYakima, Grantee provides the assurances stated herein. The federal financial
assistance may include federal grants, loans and contracts to provide assistance to Grantee, the use or rent of
Federal land orproperty at below market value, Federal training, a loan of Federal personnel, subsidies, and
other arrangements with the intention ofproviding assistance. Federal financial assistance does not
encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the
Federal government otmarket value, mrprograms that provide direct benefits,
The Civil Rights Restoration Act ufl9Q7provides that the provisions cf the assurances apply 0oall nfthe
operations ofGrantee's program(s)and activityies), snlong asany portion ofGrantee's program(s)or
activity(les)isfederally assisted in the manner prescribed above
Grantee certifies the following:
1. Grantee ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial ofthe benefi\sof, orsubjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.[ § 2000d et seq.), as implemented
by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive
orders such as Executive Order 13166, directives, circulars, poficies, memoranda, and/or guidance
documents.
Z. Grantee acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks toimprove access twfederally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Grantee understands
that denying a person access to its programs, services, and activities because of LEP is a form of national
origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the
Treasury's implementing regulations. Accordingly, Grantee shall initiate reasonable steps, orcomp|ywith
the Department of the'Treasury's directives, to ensure that LEP persons have meaningful access to its
programs, services, and activities. Grantee understands and agrees that meaningful access may entail
providing language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication in Grantee's programs, services, and activities.
3. Grantee agrees to consider the need for language services for LEP persons when Grantee develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http�:/ywwvvJep.gov.
4. Grantee acknowledges and agrees that compliance with the assurances constitutes acondition of
continued receipt of federal financial assistance and is binding upon Grantee and its successors,
transferees, and assignees for the period in which such assistance is provided.
S. Grantee shall comply with Title V1 of the Civil Rights Act of 1964, which prohibits Grantees of federal
financial assistance from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.�.C. §ZOQOdetspqj,as
implemented bythe Department ofthe Treasury's Title Nregulations, 31[FRPart Z2,which are herein
incorporated by reference and made a part of this contract (or agreement). Title VI also includes
protectiontopemonswith°UmitedEng|ishPmzfidenuy°inunypro8mmoracdvhyreceiving federal
financial assistance, 42 U,S.C� § 2000d et seq., as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or
agreement.
G. Grantee understands and agrees that ifany real property orstructure /sprovided orimproved with the
aid offederal financial assistance hythe Department of the Treasury, this assurance obligates Grantee, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or
structure is used 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 provided, this
assurance obligates the Contractor for the period during which itretains ownership orpossession of the
property.
7. Grantee shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration,
mediation, litigation, and monitoring of any settlement agreements that may result from these actions.
Grantee shall comply with information requests, on -site compliance reviews and reporting requirements.
O' Grantee shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Grantee
also must inform the Department of the Treasury if Contractor has received no complaints under Title VI.
9. Grantee must provide documentation ofanadministrative agency's nrcourt's findings ofnon-compliance
ofTitle V|and efforts tnaddress the non'cnmpUance,including any voluntary compliance orother
agreements between the Contractor and the administrative agency that made the finding. If Grantee
settles acase mrmatter alleging such discrimination, Grantee must provide documentation nfthe
settlement. If Grantee has not been the subject of any court or administrative agency finding of
discrimination, please sostate.
lO. The United States ofAmerica has the right toseek judicial enforcement of the terms nfthis assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
ihereby certify that | have read and understood the obligations described above, that Grantee isimcompliance
with the above -described nondiscrimination requirements, and by my signature on this document,acknowledge
my understanding that any intentional or negligent misrepresentation or falsification of any information
submitted in conjunction with this document could subject me to punishment under federal, civil liability and/or
inchmioa/pena/ties,indud|o0butnutNmmitmdtmfinemrimprisonmentmrbothunder7lde18,UnitedStates
Code, Sec. 1001, et seq. and punishment under federal law.
Printed Nam
EXHIBIT E- LOBBYING CERTIFICATION
LOBBYING CERTIFICATION FORM
The undersigned certifies, to the best of the undersigned's knowledge and belief, that:
(l)NuFederal appmopdatpdfundshavebeenpa|dorvWUbepmid,byoronbehalfoftheuodemigned'toany
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, orcooperative agreement.
(2)Ifany funds other than Federal appropriated funds have been paid o'will 6epaid toany person for influencing
orattempting toinfluence onofficer oremployee ofany agency, a Member ofCongress, anofficer oremployee
of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or
cooperat|veagreement'theundeoiXnedohaUcomp|pteandsubmit6tandardForm-LLL,°0m|osureFnrmtm
Report Lobbylng'^inaccordance with its instructions, asattached.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made orentered into. Submission ofthis certification |saprerequisite for making orentering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
| hereby certify that | have read the above certification, and that the information and m*statements provided herein
byn,eare true and correct twthe best mfmmyknowledge, and bymysignature mnthis document, acknowledge my
understanding that any intentional or negligent misrepresentation: or falsification of any of the information in this
document could subject me to punishment under federal and/or civil liability and/or in criminal penalties, including
but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment
under federal law.
EXHIBIT F COST CERTIFICATION
COST CERTIFICATION
certify that:
1. I have authority and approval from the governing body on behalf of the YVVCA of Yakima ("Grantee") to accept
proceeds from the City of Yakima (the "City") per the Agreement by and between the City and Grantee from the
City's allocation of the Corcmavirus Local Fiscal Recovery Fund ("CLFR") as created by the American Rescue Plan
Act of 2021, Section 9901 ("ARPA") for eligible expenditures included on the corresponding invoice voucher for
report period March 3, 2021 through December 31, 2024.
2i I understand that as additional federal guidance becomes available, an amendment to the Contract between
the City and Grantee may become necessary and agree to execute necessary amendments.
3. I understand the City will rely on this certification as a material representation in processing reimbursements or
payment requests.
4. understand the Grantee receiving funds pursuant to this certification shall retain documentation of all uses of
the funds, including but not limited to invoices and/or sales receipts in a manner consistent with §200.333
Retention requirements for records of 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (Uniform Guidance). Such documentation shall be produced to the City
upon request and may be stibject to audit by the State Auditor.
5. I understand any funds provided pursuant to this certification cannot be used for expenditures for which
Grantee has received any other funding whether state, federal or private in nature, for that same expense.
hereby certify that I have read the above certification, and that the information and my statements provided herein
by me are true and correct to the best of my knowledge, and by my signature on this document, acknowledge my
understanding that any intentional or negligent misrepresentation or falsification of any of the information in this
document could subject me to punishment under federal and/or civil liability and/or in criminal penalties, 'including
but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and purtishment
under federal law.
Printed Narne
Title
Date
EXHIBIT G CONTRACT BETWEEN THE FEDERAL GOVERNMENT AND CITY OF YAK I A
cer, ace of Recovery Programs
The estimated burden associated with this collection of
information is 15 minutes per response. Comments concerning the accuracy of this bu n csti to and suggestions far reducing this burden should be directed
to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave„ Nf W, Washington, D.C. 20220.DO NOT send the
form to this address. An agency may not conduct or nsor. and a person is not required to respond to, a collection of info bon unless it displays a valid
control number assigned by OMB.
OMB Approved No. 1505-0271
Expiration Date: 11 /30/2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address.
City of Yakima
129N2rtdSt
Yakima, Washington 98901
DUNS Number: 078212 51
Taxpayer Identi fication Number: 916001293
Assistance Listing Number and Title: 21.027
Sections 602(b) and 3(b) of the Social Security Act (the Act) as added by section 9901 d the American Rescue Plan Act, Pub. L.
No. 117= (March 11, 2021) authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the
Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipients hereby agrees, as a condition to receiving such payment 1"rotes Treasury, agrees to the teams attached hereto,
Recipients
Authorized Representative Signature (above)
Authorized Representative N
Authorized Representative Title:
Date Signed.
U.S, Department of the Treasury
Authorized Representative Signature (above
Authorized Representative Name:
Authorized Representative Title:
Date Signed:
PA PERWORK REDUCTION ACT NOTICE
Robert Harrison
Chief Recovery 0
May 17, 2021
The information collected will be used for the U.S, Government to process reques
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with, sections
602(c) and 603(c) of the Social Security Act (the Act) and Treasury's regulations implementing that section and guidance.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and
financial capability to ensure proper planning, management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As
set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period
that begins on March 3, 2021 and ends on December 31, 2024.
3. R porti g. Recipient agrees to comply with any reporting obligations established by Treasury, as it relates to this award.
4. Maintenance ofand Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c) and
603(c), Treasury's regulations implementing those sections, and guidance regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives,
shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to
Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.
7. Cost Shari g. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. §
200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award, Recipient and
subrecipients must disclose in writing to Treasury or the pass -through entity, as appropriate, any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
9. Compliance with Applicable Law and Regulations,
a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by Treasury
pursuant to sections 602(f) and 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also
agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part
200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term
set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference,
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term
set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part
180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and
subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's
implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200,
Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii, New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C, §§ 4601-4655) and
implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31
C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S,C. §§ 3601 et seq.), which prohibits
discrimination in housing on the basis of race, color, religion, national origin, sex, familia! status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 7'94), which prohibits discrimination on the
basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing
regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 1210! et seq.), which prohibits
discrimination on the basis of disability under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
10. Remedial Actions, In the event of Recipient's noncompliance with sections 602 and 603 of the Act, other applicable laws,
Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2
C.F.R. § 200.339. In the case of a violation of sections 602(c) or 603(c) of the Act regarding the use of funds, previous payments
shall be subject to recoupment as provided in sections 602(e) and 603(e) of the Act.
1 I, Hatch Act Recipient agrees to comply, as applicable, with requirernents of the Hatch Act (5 U.S.C. §§ 1501-1508 and
7324-7328), which limit certain political activities of State or local government employees whose principal employment s in
connection with an activity financed in whole or in part by this federal assistance,
12. False Statements, Recipient understands that making false statements or claims in connection with this award is a violation of
federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
13. Publicatioss. Any publications produced with funds from this award must display the following language: "This project [is
being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to City of Yakima by the U.S.
Department of the Treasury."
Et Dcbt&Swed theYederal Govcrianea.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain
under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or
(3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(e) of the
Act and have not been repaid by Recipient shall constitute a debt to the federal govenunent.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has
not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph I4(a).
Treasury will take any actions available to it to collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of
Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from
the performance of this award or any other losses resulting in any way from the performance of this award or any contract,
or subcontract under this award,
b. The acceptance of this award by Recipient does not art any
and Recipient,
lb Protections for Whistleblpwers„
ablish an agency relationship between the United States
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee
in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of
authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of
law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to
investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant
native language of the workforce.
r Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company -owned, rented or personally owned vehicles,
1_8 Rediicing Text Messaging While. Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct, 6, 2009), Recipient should
encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers,
OMB Approved No. 1505-0271
Expiration Date: II/30/202.1
ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of :the Treasury, the City of Yakima (hereinafter
referred to as "the Recipient") provides the assurances stated herein. The federal fina.ncial assistance may include federal grants,
loans arid contracts to provide assistance to the recipient's beneficiaries, the use or rent of Federal land or property at below market
value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance,
Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement
contracts by the Federal government at market value, or programs that provide direct benefits. This assurance applies to all federal
financial assistance from or funds made available through the Department of the Treasury, including any assistance that the
Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs,
services and activities, so long as any portion of :the recipient's program(s) is :federally assisted in the manner proscribed above,
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,.as amended, which
prohibits exclusion from participation, denialof the benefits of, or subjection to discrimination under programs and
activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42
U.S.C, § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31. CFR Pan 22 and
other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda anclior guidance
documents.
2, Recipient acknowledges that Executive Order 131.66., "Improving Access to Services for Persons with Limited English
Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national
origin, have Limited English proficiency (LEP)..Recipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury's implementing regulations, Accordingly, Recipient shall initiate
reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful
access. to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail.
providing language assistance services, including oral interpretation and written translation where necessary, to ensure
effective communication in the Recipient's programs, services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and
when conducting programs, services and activities. As a resource, the .Department of the Treasury has published its LEP
guidance at 70 FR 6067. For more information. on LEP, please visit hrtp://w:ww.lep gov.
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of
federal financial assistance and is binding upon Recipient and Recipient's successors, transferees and assignees for the
period in which such assistance is provided,
5. Recipient acknowledges and agrees that it :must require any sub -grantees, contractors, subcontractors, successors,
transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees,
contractors, subcontractors, successors, transferees, and assignees:
The sub -grantee, contractor„subcontractor, successor, transferee, and assignee shall comply with Title VI of the
Civil Rights Act of 1.964, which prohibits recipients offederallinancial assistance from excluding from a program
or activity,denying benefits of or otherwise discriminating against a person 017 the basis of race, color, or
national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (Or
agreement), Title VI also includes protection to persons with "Limited English Proficiency- in any program or
activity receiving federallinancial assistance, 42 U.S.C. § 2000d et seq_ as implemented by the Department of the
Treasuiy!s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement
6. .Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal
financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent
transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal
financial assistance is extended or fbr another purpose involving the provision of similar services or benefits. Ifwiy
personal property is provided, this .assurance obligates the Recipient for the period during which it retains ownership or
possession of the property;
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the
aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of
any settlement agreements that may result from these actions. That is, the Recipient shall comply with information requests,
on -site compliance reviews, and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasuryofany complaints of discrimination on
the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of
1964.and implementing regulations and provide, upon request,. a list of all such reviews or proceedings 'based on the
complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if
Recipient has received no complaints under Title VI.,
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and
efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and
the administrative agency that made the finding. lf the Recipient settles a case or matter alleging such discrimination, the
Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative
agency finding of discriinination, please so state.
10. lithe Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that
sub -recipients also comply with Title VI and other applicable authorities covered in this document State agenciesthat make
sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub -recipients.
The United States of A.merica has the right to seek judicial enforcement of the terms of this assurances document
and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to
address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that he/she has read and 'understood its obligations as
herein described, that any information submitted in conjunction with this assurance document is accurate and complete, and
that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
Recipient Date
Signature . f Authorized Official:
PAPERWORK REDUCTION ACT NOTICE
The information collected willbe used for the U.S. Government to process requests for support. The estimated burden associated with this collection of
in form.ation is 15 minutes per response, Comments concerning the accuracy of .this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., NW, Washington, D.C. 20220, DO NOT send the
form to this address. An agency may not conduct or sponsor., and a person is not required to respond to, a collection of information unless it displays a valid
control number assigned by OMB.