HomeMy WebLinkAboutR-2024-092 Resolution authorizing a contract with Justice Housing Yakima for system development charges and utility infrastructure improvements through CHIP grant RESOLUTION NO. R-2024-092
A RESOLUTION authorizing an agreement with Justice Housing Yakima through the
Connecting Housing to Infrastructure Program (CHIP) to be administered
by the City of Yakima's Community Development Department.
WHEREAS, the City of Yakima was granted, and the City Council previously accepted, a
total of$764,997.00 from the Connecting Housing to Infrastructure Program (CHIP) to financially
assist Justice Housing Yakima in its construction of permanent supportive housing; and
WHEREAS, with this grant funding, Justice Housing Yakima will pay for sewer, water,
stormwater improvements and system development charges for its new permanent supportive
housing project; and
WHEREAS, the grant contract provides funding for utility system development charges
and utility infrastructure improvements; and
WHEREAS, to fully realize the grant funding, the City Council and Justice Housing Yakima
must enter into a contract regarding utilization of the funds; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
its residents to authorize an agreement between the City of Yakima and Justice Housing Yakima
to use the previously granted $764,997.00 from the Washington State Department of Commerce,
and authorize the City Manager to enter into an agreement with Justice Housing Yakima, to
financially assist it in its construction of affordable housing, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council approves the Agreement and authorizes the City Manager, or their
designee, to execute and administer Agreement No. DC2023-4/4100 with Justice Housing
Yakima, to execute and administer all applicable documents and agreements pursuant to the
pass-through grants from Washington State Department of Commerce.
ADOPTED BY THE CITY COUNCIL this 7th day of May, 2024.
P c
Patricia Byers'Mayor
ATTEST:
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osalinda Ibarra, City Clerk
COVID RECOVERY PROGRAM —CITY OF YAKIMA
Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification
(i) Agency Name(must match the name associated (ii) Unique Entity Identifier City of Yakima Number for
with its unique entity identifier) (i.e., Sam.gov) This Agreement
Justice Housing Yakima W8BCJ9U59FZ3 DC2023-4/4100
(iii) Federal Award (iv) Federal Award (v) Federal Period of (vi) Federal Budget Period
Identification Number(FAIN) Date Performance Start and End Start and End Date
Date
22-96720-221 10/2/2023 July 1,2021 — October 1, 2023-
December 31, 2025 September 30, 2024
(vii)Amount of Federal (viii)Total Amount of Federal (ix)Total Amount of the Federal
Funds Obligated to the Funds Obligated to the agency Award Committed to the agency
agency by this action:
$669,000.00 $669,000.00 $669,000.00
(x) Federal Award Project Description:
Funds will cover sewer,water, stormwater improvements for a new affordable housing project.
(xi) Federal Awarding Agency Pass-Through Entity: Awarding Official Name
CITY OF YAKIMA and Contact Information:
DEPARTMENT OF THE Rosylen Oglesby
TREASURY Interim Director of Finance&Budget
Rosylen.Oglesby(a�yakimawa.gov
(xii)Assistance Listing CFDA Number and Name(the pass-through entity must (xiii) Identification
identify the dollar amount made available under each Federal award and the of Whether the Award is
CFDA number at time of disbursement) R&D
21.027 N/A
(xiv)Indirect Cost Rate for Award Payment Method(lump sum payment or Is the Agency
the reimbursement) a Subrecipient for
Federal Award the Purposes
N/A REIMBURSEMENT 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 City of Yakima RECIPIENT Justice Housing Yakima
NAME
Name: Rosylen Oglesby Name: Jennifer Schlenske
Title: Interim Director of Finance&Title: Executive Director
Signature: / O� i Signature: , &_ Sc 1
Date: _-�`•j
Date: -II )24
AGREEMENT
Contractor Justice Housing Yakima
Project Title Cottage Hill Place
Contract Amount $ 764,997.00
Contract Period From: December 12th, 2023 To June 30, 2025
DUNS No. (if applicable) W8BCJ9U59FZ3 SAM No. (if applicable)
THIS AGREEMENT No. DC2023-4/4100 ("Contract") is entered into by the CITY OF YAKIMA
(the "City"), and JUSTICE HOUSING YAKIMA (the "Contractor") whose address is PO Box
1097, Yakima, Washington, 98907.
FUNDING SOURCES FUNDING LEVELS COST INCURRED PERIOD
Coronavirus State and
Local Recovery Funds $669,000 July 1st, 2021 — December 31,
(SLFRF) 2024
Washington State
Department of $95,997
Commerce —State July 1st, 2021 - June 30, 2025
Building Construction
Account
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,
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:
1. 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 Scope of Work attached hereto as Exhibit 1.
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 602 and 603 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.
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- City of Yakima Employee who interfaces with team members,
business owners, contractors, project staff and others to assist in
the administration of this Contract.
DAY - Calendar day.
FUNDS The $764,997.00 available to Contractor for Contractor's
completion of the activities described in the Scope of Work set
forth in Exhibit A.
YMC - The Yakima Municipal Code.
MEASURABLE AMOUNT OF A definitive allocation of an employee's time that can be attributed
WORK- 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.
RCW - The Revised Code of Washington.
SCOPE OF WORK(SOVV) - 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.
SUBRECIPIENT- 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 Director of Finance.
Small Contractor or Supplier or A business and the person or persons who own and control it that
"(SCS)" - 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 Owners' personal net worth less than
$1,320,000 dollars.
2. Contract Services and Requirements, and Incorporated Exhibits.
The Contractor shall carry out the services and activities as prescribed in the Scope of Work,
attached hereto and incorporated herein as Exhibit A (Scope of Work), in a manner that is
lawful, and satisfactory to the City, and in accordance with the written policies, procedures,
and requirements as prescribed in this Contract, and as set forth by Treasury and the City.
The Contractor shall provide services and meet the requirements included in this Contract and
in the following attached exhibits, each of which is incorporated herein by this reference:
EXHIBIT NAME NUMBER/LETTER
Scope of Work A
Price Attachment B
Contractor's Proposal C
Civil Rights Certification D
Lobbying Certification E
Cost Certification F
Grant Agreement G
Proof of Insurance H
Certification regarding Debarment
Certification Performance Measure—Prevailing Wages J
A. 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 sections 602 and 603 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
and federal grant assurances. 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
D. Policies and Procedures. This Contract is subject to the current Federal requirements
and/or regulations, as may be amended. The Contractor is aware of and accepts the
SLFRF and ARPA rules and regulations, the Final Rules, and the all reporting
requirements of the Treasury and the Washington State Department of Commerce. All
reporting requirements are incorporated herein and made part of this Agreement.
E. Contractor Certifications, Assurances, and Regulations
Contractor certifies that it possesses the legal authority to enter into this
Contract pursuant to the authority that has been duly adopted or passed as an official
act of Contractor's governing body, authorizing the execution of this Contract, including
all understandings and assurances contained herein, and directing and authorizing the
person identified as the official representative of the Contractor to act in connection wit
this Contract and to provide such information as may be required.
ii. Contractor shall comply with the Hatch Act, which limits the political activities of
employees.
iii. Contractor shall establish safeguards to prohibit its employees from using their
positions for a purpose that is or gives the appearance of being motivated by desire for
private gain for themselves or others, particularly those with whom they have family,
business or other ties.
iv. Contractor and its principals have not, within a three year period preceding the
date of this Contract, been convicted of or had a civil judgment rendered against any of
them for the commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or a
contract under a public transaction; violation of Federal or State antitrust statutes or
falsification or destruction of records, making false statements, or receiving stolen
property.
v. Contractor and its principals are not presently indicted for or otherwise
criminally or civilly charged by a government entity (Federal, State or local) with the
commission of any of the offenses enumerated herein or Section 6 (Debarment) below.
vi. Contractor and its principals have not, within a three year period preceding the
date of this Contract, had one or more public transactions (Federal, State or local)
terminated for cause or default.
3. Contract Term.
A. This Contract shall begin after the contract is fully executed by both parties, and shall
terminate on June 31st, 2025, unless extended or terminated earlier, pursuant to the
terms and conditions of the Contract.
B. If unexpended funds under the "Connecting Housing to Infrastructure Program (CHIP)
are re-appropriated by the legislature, the period of performance (Contract End Date)
will be extended to not later than October 30, 2026. No change in terms and conditions
will be permitted during these extensions unless specifically agreed to in writing.
C. Costs Incurred Period. As set forth in Treasury's implementing regulations, subgrantee
may use CHIP funds awarded under ARPA to cover eligible costs incurred during the
period that begins on March 3, 2021, and ends on December 31, 2024. Pursuant to
Federal rules, a cost shall be considered to have been incurred if the subgrantee has
incurred an obligation with respect to such cost by December 31, 2024. All change
orders for which reimbursement is requested must be executed on or before December
31, 2024.
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 60 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.
5. 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.
Contractor shall comply with the requirements and standards of 2 CFR 200, "Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards",
as set forth under Subpart D—"Post Federal Award Requirements" and Subpart E-"Cost
Principles."
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.gov
To the best of its knowledge and belief, the Contractor and its principals are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency.
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:
i. Contractor shall maintain ALL (100%) records and financial documents sufficient to
evidence compliance with this Contract, sections 602 and 603 of the Act,
Treasury's regulations implementing that section, federal rules and procedures,
grant assurances as applicable, law, and guidance issued by Treasury regarding
any of 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, or any other oversight entity, 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:
i. 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.
C. Retention and Accessibility of Records
The records relating to this Contract and the Scope of Work shall, at all times, be
subject to inspection by the City, but the making (or failure or delay in making) such
inspection or approval shall not relieve Contractor of responsibility for performance
of the requirements of this Contract, in accordance with this Contract,
notwithstanding the City's knowledge of defective or non-complying performance,
its substantiality or the ease of its discovery. Contractor shall provide the City
sufficient, safe, and proper facilities, and/or send copies of the requested
documents to the City. Contractor's records relating to the Scope of Work and this
Contract will be provided to the City upon the City's request.
ii. Contractor shall promptly furnish the City with such information and records which
are related to the Scope of Work and this Contract as may be requested by the
City. Until the expiration of six (6) years after the final payment of the
compensation payable under this Contract, or until the expiration of any affordability
period, or for a long period if required by law or by the Washington State Secretary
of State's record retention schedule, Contractor shall retain and provide the City
access to (and the City shall have the right to examine, audit and copy) all of
Contractor's books, documents, papers and records which are related to the Scope
of Work and this Contract. If any litigation, claim or audit is started before the
expiration of the required retention period, the record shall be retained until all
litigation, claims, or audit findings involving the records have been resolved.
iii. All records relating to Contractor's work and this Contract must be made available
to the City, and the records relating to the Scope of Work and this Contract are City
of Yakima records. They must be produced to third parties, if required pursuant to
the Washington State Public Records Act, 42.56 RCW, or by law.
iv. Contractor shall obtain the prior written consent of the City to the disposal of any
Contract records within one year after the expiration of the retention period.
v. The terms of this section shall survive any expiration or termination of this Contract.
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 City
will determine in its sole and absolute discretion whether or not the Contractors remedy
is acceptable.
At the request of the City, the Contractor shall transmit to the City written statements of
the Contractor's official policies on specified issues relating to the Contractor's
activities. The City will carry out monitoring and evaluation of activities, including visits
and observations by City staff. The Contractor shall ensure the cooperation of its
employees and its board members in such efforts. Any inconsistent, incomplete, or
inadequate information either received by the City or obtained through monitoring and
evaluation by the City, shall constitute cause for the City to terminate this Contract.
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.
9. 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
rosylen.oglesby(c�vakimawa.gov by the stated due date.
B. 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, or if the Contractor is
otherwise required to meet such audit requirements. Audit packages are due to the
County within nine months after the close of the Contractor's fiscal year.
C. If the Contractor expends less than $750,000 in Federal funds during its fiscal year, it
may be exempted from federal audit requirements for that year. The City, however,
may request the Contractor to have a limited scope audit for monitoring purposes.
These limited scope audits will be paid for and arranged by the Contractor and address
only one or more of the following types of compliance requirements: activities allowed
or unallowed; allowable costs/cost principles; eligibility; and reporting.
D. 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 County within 150 days after
the close of the Contractor's fiscal year end as required by RCW 43.09.230.
E. If the Contractor is not subject to the requirements in subsection A, C the following
apply:
Entity Type Non-Profit For Profit
Gross Gross Revenue Gross Revenue Gross Revenue Gross Revenue
Revenue Under $3M on Over$3M on Under$3M on Over$3M on
average in the average in the average in the average in the
previous three previous three previous three previous three
fiscal years. fiscal years. fiscal years. fiscal years.
Required • Form 990 Audited financial • Income tax Audited financial
Documentation within 30 days statements return; and statements
of its being prepared by an • A full set of prepared by an
filed; and independent independent
annual internal
• A full set of Certified Public financial Certified Public
annual internal Accountant or statements Accountant or
financial Accounting Firm Accounting Firm
statements
Due Date Within 30 Within nine Within 30 Within nine
calendar days months following calendar days months following
from the forms the close of the from the forms the close of the
being filed. Contractor's fiscal being filed. Contractor's
year. fiscal year.
F. Waiver:
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 Rosylen
Oglesby, rosylen.oglesbyyakimawa.gov 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.
F. Reports to the City. All reports presented to the City shall, where applicable, include sufficient
information to provide a proper perspective for judging the prevalence and consequences of
the findings, if any, such as whether an audit finding represents an isolated instance or a
systemic problem.
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:
The City may withhold any payment, in whole or in part, 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. Withholdinq Future Grants
The City may withhold future grants, loans, and/or other monies for the Contractor in the
event there is noncompliance with this Contract.
G. 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.
H. 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.
I. Recoupment:
i. 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. 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 602 or 603 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 sections 602 or 603 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 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.
B. 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.
C. Termination for Non-Appropriation:
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.
D. Termination Due to Federal Rule Changes
The term of this Contract may be amended, modified, or subject to termination in the
event Treasury's Final Rule or any other guidance, document, or requirement amends
the timeframe for which the funds must be expended.
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 City 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 and against any and all claims, costs, damages, losses,
expenses, suits, arbitration actions, investigations, and regulatory or other
governmental proceedings whatsoever arising from, occurring, relating to, or resulting
from (1) the Contractor's failure to pay any such compensation, wages, benefits, 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. The City's right to indemnification includes attorneys'
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 all 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 CHIP funds awarded under
ARPA on hand as of the earlier of December 31, 2024, 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 city 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 being][was] supported, in whole or in part, by federal award number[enter
project FAIN] awarded to the City of Yakima, Washington by the U.S. Department of the
Treasury."
17. Disclaimer by 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 sections 602 and 603 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;
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 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.
20. 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 City 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 City 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 ($2,000,000.00) 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 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. 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, at its sole discretion. 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 City of Yakima 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 Form;
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 Contracts 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 written consent of the City,
which consent is at the sole discretion 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.
The Contractor shall be responsible for monitoring the contractual performance of all
subcontracts.
B. "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 # Description
1 Contractor capacity, technical assistance, compliance with
Act and Definitions section
5 Internal Control and Accounting System
6 Debarment and Suspension Certification
7 Maintenance of Records
8 Evaluations and Inspections
9 Compliance with HIPAA
10 Financial Report Submission
14 Hold Harmless and Indemnification
15 False Statements
16 Publications
17 Disclaimer by the County and United States
18 Protection of Whistleblowers
19 Increasing Seat Belt Use in the United States
20 Reducing Text Messaging While Driving
21 Insurance Requirements
23 Subcontracting
24 Nondiscrimination and Payment of a Living Wage
25 Conflict of Interest
28 Political Activity Prohibited
33 Services Provided in Accordance with Law and Rule and
Regulation
34 Applicable Law
38 Contractor Certification
39 Payment Procedures: Prompt Payment for Subcontractors
44 Background Checks
45 Subaward Language
in every subcontract or purchase agreement for services that relate to the subject matter of this
Contract.
Contractor and all subcontractors shall comply (when applicable) with the Copeland Kick Back
Act, Davis-Bacon Act, Contract Work Hours and Safety Standards Act, and Lead Based Paint
Poisoning Prevention Act, and all other related acts, as applicable.
D. Required Lanquage 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 officers, employees and agents from any and all costs, claims, judgments, and/or
awards of damages arising out of, or in any way resulting from the negligent 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, but not limited to, 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.
A. 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.
B. Contractor warrants that it has not employed or retained any person employed by the City
to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay
any person employed by the City any fee, commission, percentage, brokerage fee, or gift
of any kind contingent upon or resulting from the award of this Contract.
C. Contractor covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Scope of Work or this Contract has any
personal financial interest, direct or indirect, in this Contract. Contractor further covenants
that, in the performance of this Contract, no person having such a conflicting interest shall
be employed. Any such interest on the part of the Contractor or its employees must be
disclosed in writing to the City.
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. Ownership Rights of Materials Resulting 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 Riqhts 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(-ies), 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
City of Yakima Justice Housing Yakima
do Bill Preston do Jennifer Schlenske
129 N. 2nd Street PO Box 1097
Yakima, WA 98901 Yakima, WA 98907
City of Yakima
c/o Interim City Manager Dave
Zabel)
129 N. 2nd Street
Yakima, WA 98901
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 Awards, 2 C.F.R. Part 200, including the following:
i. 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.
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, 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.
D. 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.
E. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (CFR 200.216)
i. 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.
F. DOMESTIC PREFERENCES FOR PROCUREMENTS (CFR 200.322)
i. 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.
G. RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION
If the Contractor is or was created by a religious organization, the Contractor agrees that
all funds disbursed under this Contract shall be subject to the conditions, restrictions, and
limitations of the Act, and all applicable laws.
In accordance with the First Amendment of the United States Constitution, particularly
regarding the relationship between church and State, funds may not be used for religious
activities. The Contractor shall comply with those requirements and prohibitions when
entering into subcontracts.
35. No Third-Party 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.
B. 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 City of Yakima. All
invoices shall be sent to the City of Yakima c/o Bill Preston at 129 North 2nd Street, Yakima,
Washington, 98901. All invoices shall contain the following information:
A. Invoice date
B. Itemized account of hours worked, showing unit number of hours and per-hour rate
C. Purchase order number (if provided by City of Yakima)
D. Ship to address/location
E. Remit address
F. Item number(s)
G. Description of supplies or services
H. Quantities
I. Unit prices
J. Subtotal and totals amount
K. Discount terms or amount, if applicable
L. Applicable sales tax with correct tax rate based on destination
M. Any other information requested by the City
For each item invoiced, provide the complete description of the products, services, phases or
milestones, 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. Pricin .
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 Maleure
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 requirements 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:
i. 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.
C. 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:
(i) Subrecipient agency name(which must Justice Housing Yakima
match the name associated with its unique
entity identifier);
(ii) Subrecipient agency's unique entity W8BCJ9U59FZ3
identifier(i.e. DUNS);
(iii) Federal Award Identification Number 22-96720-221
(FAIN) or Federal;
(iv) Federal Award Date; 01/16/2024
(v) Subrecipient agency Period of 12/12/2023-06/30/2025
Performance Start and End Date;
(vi) Amount of Federal Funds Obligated to the $669,000.00
subrecipient agency by this action;
(vii) Total Amount of Federal Funds Obligated $669,000.00
to the subrecipient agency;
(viii) Total Amount of the Federal Award $669,000.00
committed to the subrecipient;
(ix) Federal award project description, as Funds will cover utility improvements for a
required to be responsive to the Federal new affordable housing project.
Funding Accountability and Transparency
Act(FFATA)
(x) Name of Federal awarding agency, pass- Federal Awarding Agency:
through entity, and contact information for DEPARTMENT OF THE TREASURY
awarding official
Pass-Through Entity:
CITY OF YAKIMA
Rosylen Oglesby
Interim Director of Finance & Budget
Rosylen.Oglesby@yakimawa.gov
(xi) CFDA Number and Name; the pass- 21.027
through entity must identify the dollar
amount made available under each Federal
award and the CFDA number at time of
disbursement;
(xii) Identification of whether the award is N/A
R&D; and
(xiii) Indirect cost rate for the Federal Award N/A
Is the agency a subrecipient for the purposes Yes
of this agreement?
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;
(c) Arranging for agreed-upon-procedures engagements as described in §200.425
Audit services.
(9) Verify that every subrecipient is audited as required by Subpart F—Audit Requirements
of this part when it is expected that the subrecipient's 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 subrecipient's 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.
46. Affordability terms, Requirements, and Monitoring
A. Contractor agrees and acknowledges that pursuant to the grant funding it is required to
maintain the property as affordable rental units for the required term. The affordable housing
project should be part of a program that will monitor affordability for a minimum of 25 years,
such as the Housing Trust Fund, low-income housing tax credits, housing authority, or a city
monitoring process.
B. The property is subject to ongoing compliance requirements of the CHIP program for
twenty-five years from the date construction is complete, which may correspond to the date
on which a certificate of occupancy is granted for the last housing unit. During this
compliance period, Contractor will assure continued compliance with CHIP requirements.
Contractor, or any other party bound, directly or indirectly by the obligations herein, shall
provide to the City written verification or such other written documentation as may be
required by the City or CHIP program requirements, to evidence and substantiate the
qualification of any and all persons claiming to be eligible lessees of the property, or, in the
case of a property transfer, eligible purchasers, if requested by the City. All such evidence
shall be satisfactory to the City in its sole and absolute discretion. Each party agrees to
execute and deliver to the other party any documents that are necessary or reasonably
necessary to carry out the purposes and intent of this section.
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract:
CITY OF YAKIMA Justice Housing Yakima
Dave Zabel!, I e ' ity Manager J nifer Sc enske, Executive Director
Date r��ky) ) 0/YDA-f /-) I e /2-4-
Date
CITY CONTRACT NO: 2024-o a 2..
RESOLUTION NO. R-20 2y-0/2
EXHIBIT A- SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures and reimbursement of system
development charges for the Cottage Hill Place housing project, a 17-unit permanent supportive
housing development in Yakima. The location of the project is: 1501 Folsom Avenue, Yakima, WA
98902 (previously known as: 1518 West Lincoln Avenue, Yakima, WA 98902) Project activities will
include the following (all measurements are approximate):
1.Water utility improvements: Water will be brought in from Lewis Street. The services include
approximately 130 feet of 4-inch domestic water, and 100 feet of 2-inch domestic water. The
water taps include a 2" service connection with double strap service saddle, 3" compound
water meter with meter box, hot tap connection to existing 6"watermain with 4"tapping sleeve
and 4" tapping valve.
2.Sewer utility improvements: The existing sewer line is along Folsom Avenue and an additional
service in the lot to the North in an existing access easement. Each location will be located
and stubbed out. The lines extending from Folsom Ave will be connected to the three new
buildings. Three new side sewer connections will be added with 221 feet of 4-inch pipe. This
includes installation of cleanouts at bends, trenching for new pipe and excavation down to the
existing sewer to make the service connection.
3. Stormwater utility improvements: Stormwater will be retained on site with bio-infiltration swales
and infiltration galleries which will involve excavation, importing pervious material, and
significant plantings to absorb runoff from the approximately 15,000 square foot development
and parking lot. The bio-infiltration swales provide treatment for runoff from the parking lot and
consist of 6 inches of free-draining soil that treats pollutants in the runoff and landscape
plantings. Infiltration galleries placed below these swales consist of rounded drain rock to
provide storage capacity and to promote infiltration through the gallery bottom, as well as filter
fabric to separate the galleries from fine soil particulates. Runoff from the roof, hardscape
pedestrian areas, and landscape areas utilizes 6-inch storm pipe and sheet flow to collect in
drain basins.
4. Justice Housing Yakima will be reimbursed for a total of$95,997 for water and sewer system
development charges for the Cottage Hill Place housing project.
5. The affordable housing project should be part of a program that will monitor affordability for a
minimum of 25 years, such as the Housing Trust Fund, low-income housing tax credits,
housing authority, or a city monitoring process.
EXHIBIT B PRICE ATTACHMENT
Budget Item Unit Price
Water-System Development Charges $28,528.00
Sewer-System Development Charges $67,469.00
Water-Utility improvements $328,000.00
Sewer- Utility improvements $214,000.00
Stormwater- Utility improvements $127,000.00
TOTAL $764,997.00
EXHIBIT C- EXECUTED CONTRACTS
Two Capital Agreements between City of Yakima &Washington State Department of
Commerce through the Connecting Housing to Infrastructure Program (CHIP) program.
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 of Yakima, 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 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.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the
operations of Grantee's program(s) and activity(ies), so long as any portion of Grantee's program(s) or
activity(ies) is federally 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 of the benefits of, or subjection 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.C. § 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, policies, memoranda,
and/or guidance documents.
2. Grantee acknowledges that Executive Order 13166, "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). 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, or comply with 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://www.lep.gov.
4. Grantee acknowledges and agrees that compliance with the assurances constitutes a condition 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.
5. Grantee shall comply with Title VI 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.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
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.
6. Grantee 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 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 it retains ownership or possession 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.
8. 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 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 Contractor and the administrative agency that made the finding. If
Grantee settles a case or matter alleging such discrimination, Grantee must provide documentation of
the settlement. If Grantee has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. The United States of America 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.
I hereby certify that I have read and understood the obligations described above,that Grantee is in
compliance 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 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.
Jennifer Schlenske
Printed Name Si ature
Executive Director 4-1 /c /-2-4—
Title Date
EXHIBIT E- LOBBYING CERTIFICATION
LOBBYING CERTIFICATION FORM
The undersigned certifies, to the best of the undersigned's knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer 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, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions, as attached.
(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 or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
I 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 punishment under
federal law.
Jennifer Schlenske
Printed Name ature
Executive Director '11/ /2—/
Title Date
EXHIBIT F COST CERTIFICATION
COST CERTIFICATION
I certify that:
1. I have authority and approval from the governing body on behalf of Justice Housing 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 Coronavirus 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.
2. 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. I 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 subject 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.
I 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 punishment under
federal law.
Jennifer Schlenske
Printed Name i ature
Executive Director Ii / Z�
Title Date
1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 16.
For Meeting of: May 7, 2024
ITEM TITLE: Resolution authorizing a contract with Justice Housing Yakima for
system development charges and utility infrastructure
improvements through CHI P grant
SUBMITTED BY: Bill Preston, Interim Community Development Director
SUMMARY EXPLANATION:
The contract agreement between the City of Yakima and Justice Housing Yakima will reimburse
Justice Housing Yakima for$764,997 through the Connecting Housing to Infrastructure Program
(CHIP). Funds will financially assist Justice Housing Yakima by covering sewer, water, stormwater
improvements, and system development charges for a new housing project. The project will
develop a 17-unit permanent supportive housing development at 1501 Folsom Ave.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ 5/2/2024
❑ 4/18/2024