HomeMy WebLinkAboutR-1997-070 1997 Neighborhood Improvement ProgramRESOLUTION NO. R-97-70
A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to
execute agreements with five neighborhood organizations, to implement the
approved projects included in the 1997 Neighborhood Improvement
Program
WHEREAS, the City of Yakima was a recipient of 1997 Federal Community Development
Block Grant funds which may be used, among other things, for Neighborhood Improvement
Programs; and
WHEREAS, at the December 17, 1996 meeting, the City Council considered and approved
the One Year Plan and budget including $50,000 for neighborhood project; and
WHEREAS, the Community Development Advisory Committee has researched and
evaluated the six applications submitted and has recommended four projects totaling $49,762
including:
> Youth Leadership Workshops
> Denman Memorial Youth Park
> Neighborhood Newsletters
> YWCA Family Crisis Shelter
Asociacion de Barrios Hispanos
Greater Faith Baptist Church
Yakima Housing Authority Residents
YWCA
$13,300
$16,500
$ 5,360
$14,602; and
WHEREAS, the City desires that the funds be conditioned upon execution of an agreement
with the organizations and project managers; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with these organizations in accordance with the terms and conditions of the attached
agreements, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed to execute the
attached and incorporated agreements between the City of Yakima and the neighborhood
organizations and project managers in order to implement the 1997 Neighborhood Improvement
Program as approved by City Council.
ATTEST: �� r
City Clerk
ADOPTED BY THE CITY CO IL this 6th
6 Lynn Buchanan, Mayor
y of Ma
1997.
MM/ZW/OND5/1/97
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization:Asociacion de Barrios Hispanos
2. Address: Del Norte Business Center/24 South 3rd Avenue
Yakima, WA 98902
3. Phone: 574-8067
4. Contact Person:Hector Franco
5. Title of Service or Program being Funded:Youth Leadership Workshops
6. Time Period: Beginning May 6, 1997
Ending June 30, 1998
7. Amount of Contract/Grant Award:$13,300.00
8. This contract/grant award and the rights and obligations of both parties
hereto shall be subject to and governed by the following, incorporated
by reference herein as is fully set forth:
1) General terms and conditions attached hereto or Exhibit "A",
2) Scope of work attached hereto or Exhibit "B".
This contract constitutes the entire agreement between the parties.
Either party may request modification in the scope of services, project
duration, performance or reporting standards, or other terms or conditions
herein. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this contract signed by both parties.
The City and Contracting Organization agree that this contract shall be
modified if necessary to achieve compliance with requirements.
IN WITNESS THEREOF the parties have executed this contract as of the day
and year Cim located below.
lenn'J.. Valenzuela, CED Director
R.A. Zais,
Jr., City Manager
Date
Signature For Contr
Title:
1
ATTEST: City Clerk
CRY CONTRACT N0: ^"7_/
RE$cVJTIOM N0: 12- / Gj ` — ! 0
TERMS AND CONDITIONS EXHIBIT "A"
I. DESIGNATION
The City of Yakima, as recipient of a housing and community
development grant from the U.S. Department of Housing and
Urban Development, hereby designates the Contracting
Organization to undertake, and the Contracting Organization
hereby agrees to undertake that certain community development
or housing assistance project described in Exhibit "B", Scope
of Work.
II. SUB -GRANT
A. Notice to Proceed
No work on the project shall occur prior to or without
written approval from the City of Yakima Office of
Neighborhood Development Services (OND) shall furnish
the Contracting Organization with written notice to
proceed upon release of funds from HUD related to the
project pursuant to 24 CFR Part 58.
B. The City hereby sub -grants to the Contracting
Organization $13,300.00 for said project.
III. GENERAL BUDGET PROVISIONS
The Contracting Organization agrees to the following
provisions in satisfying the terms and conditions of this
contract:
A. Payment and Disbursements. Disbursements by the City
of Yakima from this contract/grant award shall be on a
reimbursement basis covering actual expenditures by the
Contracting Organization or obligation of the
Contracting Organization currently due and owing, but
not paid. Disbursements shall be limited to allowable
costs and so shall be made upon the occurrence of all
the following, in addition to any other conditions
contained herein or in the special conditions:
1. Receipt by the City of Yakima OND of a written
reimbursement request on forms provided by the City
of Yakima OND supported by copies of vouchers,
invoices, salary and wage summaries, or other
acceptable documentation; and
2. Determination by the City of Yakima OND that the
expenditures or obligations for which reimbursement
is sought constitute allowable costs under the
principles set forth in Federal Management Circular
74-4 and come within the Project Budget.
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B. No payment shall be made for any service rendered by the
Contracting Organization except for services within the
scope of a category set forth in the budget in Exhibit
"B" of this Contract, and all funds received must be
used for service as identified in Exhibit "B" of this
Contract.
C. 1. The Contracting Organization shall submit to the
City of Yakima OND a written request for approval
of budget revision when a proposed revision would
result in an increase or decrease of ten percent
(10%) or more in an approved budget subject
category. Written budget revision approval must be
received by the Contracting Organization prior to
the Contracting Organization incurring any
expenditures against the revised budget sub -object
categories.
2. When the revision of the Contracting Organization
budget does not exceed ten percent (10%) of an
approved budget sub -object category, the
Contracting Organization must submit a revised
budget to the City of Yakima OND prior to the
submittal of claims against the budget.
IV. COMMENCEMENT OF WORK
The City of Yakima OND shall furnish the Contracting
Organization with written notice to proceed upon release of
funds from HUD related to the project. No work on the
project shall occur prior to the notice to proceed without
written approval from the City of Yakima OND.
V. BILLING PROCEDURES
A. The Contracting Organization shall submit monthly
written claims for reimbursement of services performed
under this contract in the manner prescribed in
paragraph III above, and as prescribed in the City of
Yakima OND.
B. The City of Yakima OND, shall notify the Contracting
Organization in writing of a proposed transfer, at least
thirty (30) calendar days before the actual
transference occurs.
VII. LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to reduce substantially
the amount of local financial support for community
development activities below the level of such support prior
to the availability of such assistance.
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VIII. BUDGET SURPLUS
The Contracting Organization agrees that funds determined by
the City of Yakima OND to be surplus at the end of the year
within the budget of this Contract will be subject to
cancellation by the City of Yakima OND and may be negotiated
if they are to be included in future contracts.
IX. COMPLIANCE WITH LAWS
A. GENERAL
The Contracting Organization, in performance of this
Contract, agrees to comply with all applicable Federal,
State and Local Laws and ordinances, and the rules and
regulations promulgated by the U.S. Department of
Housing and Urban Development, including but not limited
to, Federal Community Development Block Grant
Regulations; and other policies and guidelines
established by the City of Yakima OHNC.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS
The following federal provisions may apply, among
others, to this contract:
1. Office of Federal Contract Compliance Programs
regulations, 41 CFR Part 60, Executive Order 11246
as amended by Executive Order 12086, and 24 CFR
570.601 (Discrimination prohibited).
2. The Lead Based Paint Poisoning Prevention Act, 42
USC Section 4831 et seq., and HUD regulations
implementing the Act, 24 CFR Part 35, where,
residential structures are involved. The
Contracting Organization shall provide whatever
assistance is necessary to enable the City of
Yakima's Building Official to carry out its
inspection and certification responsibility under
those regulations.
3. Historic and Archaeological Preservation
requirements as set forth in 24 CFR Section
570.604.36 CFR Part 800, RCW 27.44.010 (Native
American Burial Law), RCW 27.53.010-.090
(Protection of Archaeological Resources), and RCW
43.51.750-.820 (Preservation of Historic
Properties).
4. Architectural Barriers Act of 1968 as amended, 42
USC Section 4151 et seq., implementing regulations,
and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC 1857 et seq; Water
Pollution Control Act, as amended, 33 USC Section
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1251 et. seq.; and Environmental Protection Agency
regulations, 40 CFR Part 15.
6. Section 3 of the Housing and Urban Development Act
of 1968 (12 USC Section 1701u) and 24 CFR Part 135
(Employment opportunities for project area
businesses and low income persons).
7. Contract Work Hours and Safety Standards Act, 40
USC 327-333, (Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5,
and Chapter 3-.12 RCW (Prevailing Wage Rates).
9. Attachment 0 of the Office of Management and Budget
Circular, A-102 (Procurement Standards) and Federal
Management Circular, FMC 74-4.
10. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, and
regulations contained in 24 CFR Parts 42 and 570.
11. Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) as amended, and HUD regulations with respect
thereto including the regulations under 24 CFR Part
1. In the sale, lease or other transfer of land
acquired, cleared or improved with assistance
provided under this Agreement, the Contracting
Organization shall cause or require a covenant
running with the land to be inserted in the deed or
lease for such transfer, prohibiting discrimination
upon the basis of race, color, religion, sex, or
national origin, in the sale, lease or rental, or
in the use or occupancy of such land or any
improvements erected or to be erected thereon, and
providing that the Contracting Organization, the
County, and the United States are beneficiaries of
and entitled to enforce such covenant. The
Contracting Organization, in undertaking its
obligation in carrying out the program assisted
hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not
itself so discriminate.
12. Environmental Review
1. NEPA
The City of Yakima OHNC retains environmental
review responsibility for purposes of
fulfilling requirements of the National
Environmental Policy Act, under which the City
of Yakima OHNC may require the Contracting
Organization to furnish data, information and
assistance for the City's review and
assessment in determining whether the City
must prepare an Environmental Impact
Statement.
2. SEPA
The Contract Organization retains
responsibility for fulfilling the requirements
of the State Environmental Policy Act and
regulations and ordinance adopted thereunder.
3. Compliance as Pre -Condition
Performance by either the City of Yakima OND
or the Contracting Organization under this
Agreement shall be contingent upon
satisfaction of all applicable requirements of
the National and State Environmental Policy
Acts.
X. NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contracting Organization agrees that it shall not
discriminate against any employee or applicant on the
grounds of race, creed, color, religion, national
origin, sex, marital status, age, or the presence of any
sensory, mental or physical handicap. The Contracting
Organization shall ensure that applicants are employed,
and that employees are treated during employment,
without discrimination because of their race, color,
religion, sex, national origin, creed, marital status,
age or the presence of any sensory, mental or physical
handicap. Such action shall include, but not be limited
to: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of
compensation; and programs for training including
apprenticeships.
The Contracting Organization specifically agrees to
abide by the Office of Federal Contract Compliance
Programs regulations, 41 CFR Part 60, Executive Order
11246 as amended by Executive Order 12086, and HUD Anti
Discrimination Requirements, 24 CFR 570.601.
XI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contracting Organization shall not, on the grounds
of race, color, sex, religion, national origin, creed,
marital status, or age:
1. Deny a qualified individual any facilities,
financial aid, services or other benefits provided
under this Contract;
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2. Provide any service(s) or other benefits to a
qualified individual which are different, or are
provided in a different manner, from those provided
to others under this Contract; separate treatment
in any manner related to his receipt of any
service(s) or other benefits provided under this
Contract;
3. Deny any qualified individual an opportunity to
participate in any program provided by this
Contract through the provision of service(s) or
otherwise, or will afford him an opportunity to do
so which is different from that afforded others
under this Contract.
B. The Contracting Organization shall abide by all
provisions of Section 504 of the HEW Rehabilitation Act
of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and/or subcontracting has been authorized,
said assignment or subcontract shall include appropriate
safeguards against discrimination in client services
binding upon each contractor or subcontractor. The
Contracting Organization shall take such action as may
be required to ensure full compliance with the
provisions of this clause, including sanctions for
noncompliance.
XII. LICENSING AND PROGRAM STANDARDS
The Contracting Organization agrees to comply with all
applicable Federal, State, County and Municipal standards for
licensing, certification and operation of facilities and
programs, and accreditation and licensing of individuals, and
any other standards or criteria as described in the Contract
to assure quality of services.
XIII.INSPECTION AND INFORMATION
A. At such times and on such forms as may be required, the
Contracting Organization shall furnish reports,
statements, records, data and information as may be
requested by the City of Yakima OND, State, United
States Government, or other funding agency pertaining to
matters covered by this Contract.
B. The Contracting Organization agrees that representatives
of the City of Yakima, State and United States
Government may make periodic evaluation/inspection of
the facilities, records, and general performance of this
Contract. The Contracting Organization further agrees
that such evaluation may be made on a quarterly basis or
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at other times deemed reasonable and proper by these
representatives.
C. The Contract Organization shall be required to make
reasonable changes in the services as completed or to be
completed if said services fall below the standards and
specifications set forth in the Special Terms and
Conditions, Project Description, or Statement of Work.
XIV. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential
information concerning a recipient or client for any purpose
not directly connected with the City's or the Contractor's
responsibilities with respect to services provided under this
Contract is prohibited except on written consent of the
recipient or client, his/her attorney or his/her responsible
parent or guardian or as otherwise provided by law.
XV. ASSIGNMENT AND/OR SUBCONTRACTING
The Contracting Organization shall not assign or subcontract
any portion of the services provided within the terms of this
Contract without obtaining prior written approval from the
City. All terms and conditions of this Contract shall apply
to any approved subcontract or assignment related to the
Contract.
XVI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contracting Organization agrees to maintain books,
records and documents and accounting procedures and
practices which accurately reflect all direct and
indirect costs related to the performance of this
Contract. Such fiscal books, records, documents,
reports and other data shall be retained in a manner
consistent with the "Budgeting, Accounting, Reporting
System for Counties and Cities, and Other Local
Governments", hereinafter referred to as "BARS", as
issued by the Office of State Auditor, State of
Washington. The Contracting Organization further agrees
that the City of Yakima OND shall have the right to
monitor and audit the fiscal components of the
organization to insure that actual expenditures remain
consistent with the terms of this Contract. The
Contracting Organization shall retain all books,records,
documents and other material relevant to the Contract
for seven (7) years after settlement of this Contract.
The Contracting Organization agrees that the City of
Yakima, the U.S.Department of Housing and Urban
Development, the Washington State Auditor, or their
designees, shall have full access to and a right to
examine any of said materials at all reasonable times
during said period.
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B. The Contracting Organization agrees that any
contributions or payments made for services furnished
under this agreement shall be used for the sole benefit
of this program.
XVII. PROGRAM PROPERTY
Any personal property having a useful life of more than one
year and purchased wholly or in part with sub -grant funds at
a cost of three hundred dollars ($300) or more per item,
shall upon its purchase or receipt become the property of the
City of Yakima and/or federal government. Final ownership
and disposition of such property shall be determined under
the provisions of Attachment N of OMB, A-102. The Contracting
Organization shall be responsible for all such property,
including its care and maintenance, and shall comply with
the following procedural requirements:
1. Property records shall be maintained accurately and
provide for: A description of the property;
manufacturer's serial number or other identification
number; acquisition date and cost; source of the
property; percentage of block grant funds used in the
purchase of property; location, use, and condition of
the property.
2. A physical inventory of property shall be taken and the
results reconciled with the property records at least
once every two years to verify the existence, current
utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate
safeguards to prevent lose, damage, or theft to the
property. Any loss, damage, or theft of the property
shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to
keep the property in good condition.
5. If the Contracting Organization elects to capitalize and
depreciate such nonexpendable personal property in lieu
of claiming the acquisition cost as a direct item of
cost, title to such property shall remain with the
Contracting Organization. An election to capitalize and
depreciate or claim acquisition cost as a direct item of
cost shall be irrevocable.
6. Nonexpendable personal property purchased by the
Contracting Organization under the terms of this
Contract, in which title is vested in the City of Yakima
or Federal Government shall not be rented, loaned, or
otherwise passed to any person,partnership, corporation,
association or organization without the prior express
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approval of the City of Yakima OND.
7. Any nonexpendable personal property furnished to, or
purchased by, the Contracting Organization, title to
which is vested in the City of Yakima OND or federal
government shall, unless otherwise provided herein or
approved by the Contracting Officer, be used only for
the performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the
purchase of nonexpendable personal property, title to
which shall vest in the City of Yakima OND or federal
government, the Contracting Organization agrees to
execute such security agreements and other documents as
shall be necessary for the City of Yakima OND or
federal government to perfect its interest in such
property in accordance with the "Uniform Commercial Code -
Secured Transactions" as codified in Article 9 of Title
62A, RCW.
9. The Contracting Organization shall be responsible for
any loss or damage to the property of the City of Yakima
OND or federal government (including expenses entered
thereunto) which results from negligence, willful
misconduct, or lack of good faith on the part of the
Contracting Organization to maintain and administer in
accordance with sound management practices that
property, to ensure that the property will be returned
to the City of Yakima OND or federal government in like
condition to that in which condition the property was
acquired by purchase, fair wear and tear accepted.
XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY
The Contracting Organization agrees to maintain program
records and reports including statistical information
and to make such records available for inspection by the
City or its designee in order for the City to be assured
that program services remain consistent with the terms
of this contract. The Contracting Organization further
agrees to provide written program statistical
information to the City of Yakima OND in a manner
prescribed by the Office at times as may be requested by
the Office.
XIX. RELATIONSHIP OF THE PARTIES
A. The parties intend that an independent contractor/city
relationship will be created by this Contract. The City
of Yakima OND is interested only in the results to be
achieved, the implementation of services will lie solely
with the Contracting Organization. No agent, employee,
or representatives of the Contracting Organization shall
be deemed to be an employee, agent, servant or
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representative of the City of Yakima for any purpose,
and the employees of the Contracting Organization are
not entitled to any of the benefits the City of Yakima
provides for City Employees. The Contracting
Organization will be solely and entirely responsible for
its acts and for the acts of its agents, employees,
servants, subcontractors, or otherwise during the
performance of this Contract.
XX. QUARTERLY REPORT
The Contracting Organization agrees to submit a written
quarterly report outlining the progress of Exhibit B, to the
City of Yakima.
XXI. INSURANCE
A. Public Liability and Property Damage. The Contractor
shall maintain during the life of this Contract public
liability and property damage insurance covering the
Contractor's services hereunder in the sum of not less
than twenty thousand dollars for injury or damage to
property and fifty thousand dollars for injury or
damage, including death, to any one person and one
hundred thousand dollars for injury or damage, including
death, to more than one person. Insurance shall cover
work done by the Contractor or subcontractors and shall
protect, as named insured, the City from suits or claims
for damages arising from operations under this Contract
or actions of the Contractor, subcontractors, and
employees either direct or indirect.
B. Workmans compensation. The Contractor agrees to pay
all premiums provided for by the Workman's Compensation
Act of the State of Washington.
XXII.INDEMNIFICATION
All services to be rendered or performed under this Contract
will be performed or rendered entirely at the Contracting
Organization's own risk and the Contracting Organization
expressly agrees to indemnify the City of Yakima and all of
its officers, agents, employees, or otherwise, from any and
all liability, loss or damage they may suffer as a result of
claims, demands, actions, or damages to any and all persons
or property, costs, or judgements against which result from,
arise out of, or are in any way connected with the services
to be performed by the Contracting Organization under this
Contract.
XXIII.HOLD HARMLESS
All services to be rendered or performed under this Contract
will be performed or rendered entirely at the Contracting
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Organization's own risk and the Contracting Organization
expressly agrees to indemnify and hold harmless the City of
Yakima and all of its officers, agents, employees, or
otherwise, from any and all liability, loss or damage,
inducing reasonable cost of defense they may suffer as a
result of claims, demands, actions, or damages to any and all
persons or property, costs or judgements against the City of
Yakima which result from, arise out of, or are in any way
connected with the services to be performed by the
Contracting Organization under this Contract.
XXIV.CONTRACT, TERMINATION AND CLOSE OUT
If the Contracting Organization fails to comply with the
terms and conditions of this Contract, the City of Yakima
OHNC may pursue such remedies as are legally available
including but not limited to, the termination of this
Contract in the manner specified herein.
A. Termination for Cause If the Contracting
Organization fails to comply with the terms and
conditions of this Contract and any of the following
conditions exist:
1. The lack of compliance with the provisions of this
Contract are of such scope and nature that the City
of Yakima OND deems continuation of this Contract
to be substantially non -beneficial to the public
interest;
2. The Contracting Organization has failed to take
satisfactory corrective action as directed by the
City of Yakima OND or its authorized
representative within the time specified by same;
3. The Contracting Organization has failed within the
time specified by the City of Yakima OND or its
authorized representative to satisfactorily
substantiate its compliance with the terms and
conditions of this Contract, then:
The City of Yakima OND may terminate this contract
in whole or in part, and thereupon shall notify the
Contracting Organization of the termination, the
reasons therefore and the effective date provided
such effective date shall not be prior to
notification to the Contracting Organization.
After this effective date, no charges incurred
under any terminated portions are allowable.
B. Terminations on Other Grounds This Contract may also be
terminated in whole or in part by mutual agreement of
the parties.
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C. Termination for Withdrawal, Reduction or Limitation of
Funding In the event that funding from the Federal
government is withdrawn, reduced or limited in any way
after the effective date of this contract, and prior to
its normal completion, the City of Yakima OHNC may
summarily terminate this Contract as to the funds
reduced or limited, nonwithstanding any other
termination provision of this contract. If the level
of funding so reduced or limited is so great that the
City of Yakima OND deems that the continuation of the
program covered by this contract is no longer in the
best interest of the public, the City of Yakima OND may
summarily terminate this contract in whole
nonwithstanding any other termination provisions of this
contract. Termination under this Section shall be
effective upon receipt of written notice by the
Contracting Organization or its representative.
The City of Yakima OHNC agrees to promptly notify the
Contracting Organization of any proposed reduction in
funding by Federal or other officials. The Contracting
Organization agrees that upon receipt of such notice it
shall take appropriate and reasonable action to reduce
its spending in the affected funding area so that
expenditures do not exceed the funding level which would
result if said proposed reduction became effective.
This agreement may further be terminated by the City of
Yakima upon written demand by the City of Yakima OND
for assurances that the terms of the Project Description
are being timely complied with, if such assurances are
not made to the City's satisfaction within thirty (30)
days of the date of such written demand.
D. Close-out In the event that this Contract is terminated
in whole or in part for any reason, the following
provisions shall apply:
1. Upon written request by the Contracting
Organization, the City of Yakima shall make or
arrange for payment to the Contracting Organization
of allowable reimbursable costs not covered by
previous payments;
2. The Contracting Organization shall submit within
thirty (30) days after the date of expiration of
this Contract, all financial, performance and other
reports required by this Contract, and in addition,
will cooperate in a program audit by the City of
Yakima or its designee.
3. In the event a financial audit has not been
performed prior to close-out of this Contract, the
City of Yakima OND retains the right to withhold a
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just and reasonable sum from the final payment to
the Contracting Organization after fully
considering the recommendation on disallowed costs
resulting from the final audit.
XXV. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this contract
upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide
employees or bona fide established commercial or selling
agency maintained by the Contractor for the purpose of
securing business. The City of Yakima OND shall have the
right, in the event of breach of this clause by the
Contractor, to annul this Contract without liability or, in
its discretion, to deduct from the Contract price or
consideration or otherwise recover the full amount of such
commission, percentage, brokerage or contingent fee.
XXVI.CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate the right of the Contractor to proceed under
this Contract if it is found, after due notice and
hearing, by the City that gratuities in the form of
entertainment, gifts, or otherwise offered or given by
the Contractor, or agent or representative of the
Contractor, to any officer or employee of the City of
Yakima, with a view towards securing this Contract or
securing favorable treatment with respect to the
awarding or amending or the making of any determinations
with respect to this contract.
B. In the event this Contract is terminated as provided in
(A) above, the City of Yakima shall be entitled to
pursue the same remedies against the Contractor as it
could pursue in the event of a breach of the Contract by
the Contractor. The rights and remedies of the City of
Yakima provided for in this clause shall not be
exclusive and are in addition to any other rights and
remedies provided by law. The existence of facts upon
which the City of Yakima makes any determination under
this clause shall be an issue and may be reviewed as
provided in the "Disputes" clause of this Agreement.
XXVII.RIGHTS IN DATA
The City of Yakima OHNC may duplicate, use and disclose in
any manner and for any purposes whatsoever, and have others
so do, all data delivered under this agreement. The
contractor hereby grants to the City of Yakima, a royalty -
free, non-exclusive, and irrevocable license to publish,
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translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so, all data now or hereinafter
covered by copyright: Provided, that with respect to data not
originated in the performance of this contract such license
shall be only to the extent that the Contractor has the right
to grant such license without becoming liable to pay
compensation to others because of such grant. The Contractor
shall exert all reasonable effort to advise the City of
Yakima OND, at the time of delivery of data furnished under
this agreement, of all invasions of the right of privacy
contained therein and of all portions of such data copied
from work not composed or produced in the performance of this
agreement and not licensed under this clause. The Contractor
shall report to the City of Yakima OND, promptly and in
written detail,each notice or claim of copyright infringement
received by the Contractor with respect to all data delivered
under this agreement. The Contractor shall not affix any
restrictive markings upon any data, and if such markings are
affixed, the City of Yakima OND shall have the right at any
time to modify, remove, obliterate, or ignore such markings.
XXIX.RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award
unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and
regulations including HUD Community Development Block
Grant Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein,
including the statement of work/project description,
approved HUD grant budget, in the order in which
attached, and
4. Any other provisions whether incorporated by reference
herein or otherwise provided that nothing herein shall
be construed as giving preference to provisions of this
contract/grant award over any provisions of law.
XXX. VENUE STIPULATION
This Contract has been and shall be construed as having been
entered into and delivered within the State of Washington,
and it is mutually understood and greed by each party hereto
that this Contract shall be governed by laws of the State of
Washington, both as to interpertation and performance.
Any action at law, suite in equity, or judicial proceeding
for the enforcement of this Contract or any provisions
thereof, shall be instituted and maintained only in any of
15
the courts of competent jurisdiction at Yakima in Yakima
County, Washington.
XXXI.MODIFICATION
Either party may request changes in this Contract, however,
no change or addition to this Contract shall be valid or
binding upon either party unless such change or addition be
in writing, and executed by both parties, except budget
adjustments as specified in Section IV of this Contract.
XXXII.SEVERABILITY
It is understood and agreed by the parties hereto that if any
part, term, or provision of this Contract is held by the
courts to be illegal, the validity of the remaining
provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as
if the Contract did not contain the particular provision held
to be invalid. If it should appear that any provision hereof
is in conflict with any statutory provision of the United
States or the State of Washington, said provision which may
conflict, therewith, and shall be deemed modified to conform
to such statutory provision.
XXXIII.PROGRAM INCOME
Any program income shall be accounted for by the Contractor,
over the contract time period, shall be reported to the City.
Income is to be used to continue or benefit the program, as
determined by the intent and purpose of the project.
XXXIV.CONFLICT OF INTEREST
No member, officer, or employee of the City of Yakima, or the
Contracting Organization, or assignees or agents, no member
of the governing body of the City of Yakima, and no other
public official of the City of Yakima or such other
localities who exercises any functions or responsibilities
with respect to the program during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with a City of Yakima
Block Grant funded program.
XXXV.REFUND OF CONTRACT PROCEEDS
The Contracting Organization shall return to the City all
monies provided hereunder by the City to the Contracting
Organization if either of the following occur:
1. The Contracting Organization materially changes the
primary purpose and scope of the Neighborhood Improvement
16
Project as described on Exhibit "B" to the contract; or
2. Within ten (10) years from the date of execution of the
Contract, the real property that is the subject of the
Neighborhood Improvement Project described on Exhibit "B" to
the Contract is sold or transferred in any way by the
Contracting Organization.
17
EXHIBIT "B"
SCOPE OF WORK
Youth Leadership Workshops
PROJECT TITLE
Asociacion de Barrios Hispanos
CONTRACTING ORGANIZATION:
1. DESCRIPTION OF PROJECT:
(Detailed description statement of the project/program,
purpose of project/program, needs to be addressed and
problems to be solved).
The Youth Leadership Institute is an interactive leadership
and employment skill building series of workshops that uses
the cultural strengths, values and traditions as a unifying
basis from which the participants begin to know who they are,
what their dreams and aspirations are and how to develop work
plans to realize their personal goals and to raise their
community consciousness.
2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM:
(How, by whom, when, indicators of progress/accomplishments).
3rd Quarter - July, August & September 1997
Develop training materials, identify instructors and
community facilitators. Identify and contract for site
facility. Announce and market Youth Leadership Institute
Program to the community. Select youth participants, sign
contracts with instructors and facilitators.
4th Quarter - October, November & December 1997
Hold intensive two day workshop during first week of October.
Hold one day follow up workshops on specific areas such as
leadership, public speaking, grooming for the workplace, ect.
Develop specific community project to be worked on during the
summer. Find employment for participants during the summer.
1st Quarter - January, February & March 1998
Carry out community project. Participants to hold summer
jobs. Hold one day workshop during March for feedback and
evaluation of program.
2nd Quarter - April, May & June 1998
Prepare written evaluation of overall program with
presentation to City Council.
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CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: YWCA Family Crisis Shelter
2. Address: 15 North Naches Avenue
Yakima, WA 98901
3. Phone: 248-7796
4. Contact Person:Patty Dion Executive Director/Peggy Baken-Weed Program
Manager
5. Title of Service or Program being Funded: YWCA Family Crisis Center
6. Time Period: Beginning May 6, 1997
Ending June 30, 1998
7. Amount of Contract/Grant Award:$14,602.00
8. This contract/grant award and the rights and obligations of both parties
hereto shall be subject to and governed by the following, incorporated
by reference herein as is fully set forth:
1) General terms and conditions attached hereto or Exhibit "A",
2) Scope of work attached hereto or Exhibit "B".
This contract constitutes the entire agreement between the parties.
Either party may request modification in the scope of services, project
duration, performance or reporting standards, or other terms or conditions
herein. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this contract signed by both parties.
The City and Contracting Organization agree that this contract shall be
modified if necessary to achieve compliance with requirements.
IN WITNESS THEREOF the parties have executed this contract as of the day
and year ,indeed below.
Glenn,J. Valenzuela,
_ r
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CED Director Date /
Z Ct Manager
5
R.A.Jr., City �
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Signatu e Fo Contracting Organization Date
Date
Title
1
ATTEST: City Clerk
cmc* 97-5-8
uscurtiog MC — 9-2 --79
TERMS AND CONDITIONS EXHIBIT "A"
I. DESIGNATION
The City of Yakima, as recipient of a housing and community
development grant from the U.S. Department of Housing and
Urban Development, hereby designates the Contracting
Organization to undertake, and the Contracting Organization
hereby agrees to undertake that certain community development
or housing assistance project described in Exhibit "A", Scope
of Work.
II. SUB -GRANT
A. Notice to Proceed
No work on the project shall occur prior to or without
written approval from the City of Yakima Office of
Neighborhood Development Services (ONDS) shall furnish
the Contracting Organization with written notice to
proceed upon release of funds from HUD related to the
project pursuant to 24 CFR Part 58.
B. The City hereby sub -grants to the Contracting
Organization $14,602.00 for said project.
III. GENERAL BUDGET PROVISIONS
The Contracting Organization agrees to the following
provisions in satisfying the teLms and conditions of this
contract:
A. Payment and Disbursements. Disbursements by the City
of Yakima from this contract/grant award shall be on a
reimbursement basis covering actual expenditures by the
Contracting Organization or obligation of the
Contracting Organization currently due and owing, but
not paid. Disbursements shall be limited to allowable
costs and so shall be made upon the occurrence of all
the following, in addition to any other conditions
contained herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written
reimbursement request on forms provided by the City
of Yakima ONDS supported by copies of vouchers,
invoices, salary and wage suyzaries, or other
acceptable documentation; and
2. Determination by the City of Yakima ONDS that the
expenditures or obligations for which reimbursement
is sought constitute allowable costs under the
principles set forth in Federal Management Circular
74-4 and come within the Project Budget.
2
B. No payment shall be made for any service rendered by the
Contracting Organization except for services within the
scope of a category set forth in the budget in Exhibit
"B" of this Contract, and all funds received must be
used for service as identified in Exhibit "B" of this
Contract.
C. 1. The Contracting Organization shall submit to the
City of Yakima OND a written request for approval
of budget revision when a proposed revision would
result in an increase or decrease of ten percent
(10%) or more in an approved budget subject
category. Written budget revision approval must be
received by the Contracting Organization prior to
the Contracting Organization incurring any
expenditures against the revised budget sub -object
categories.
2. When the revision of the Contracting Organization
budget does not exceed ten percent (10%) of an
approved budget sub -object category, the
Contracting Organization must submit a revised
budget to the City of Yakima OND prior to the
submittal of claims against the budget.
IV. COMMENCEMENT OF WORK
The City of Yakima OND shall furnish the Contracting
Organization with written notice to proceed upon release of
funds from HUD related to the project. No work on the
project shall occur prior to the notice to proceed without
written approval from the City of Yakima OND.
V. BILLING PROCEDURES
A. The Contracting Organization shall submit monthly
written claims for reimbursement of services performed
under this contract in the manner prescribed in
paragraph III above, and as prescribed in the City of
Yakima OND.
B. The City of Yakima OND, shall notify the Contracting
Organization in writing of a proposed transfer, at least
thirty (30) calendar days before the actual
transference occurs.
VII. LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to reduce substantially
the amount of local financial support for community
development activities below the level of such support prior
to the availability of such assistance.
3
VIII.BUDGET SURPLUS
The Contracting Organization agrees that funds determined by
the City of Yakima OND to be surplus at the end of the year
within the budget of this Contract will be subject to
cancellation by the City of Yakima OND and may be negotiated
if they are to be included in future contracts.
IX. COMPLIANCE WITH LAWS
A. GENERAL
The Contracting Organization, in performance of this
Contract, agrees to comply with all applicable Federal,
State and Local Laws and ordinances, and the rules and
regulations promulgated by the U.S. Department of
Housing and Urban Development, including but not limited
to, Federal Community Development Block Grant
Regulations; and other policies and guidelines
established by the City of Yakima OHNC.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS
The following federal provisions may apply, among
others, to this contract:
1. Office of Federal Contract Compliance Programs
regulations, 41 CFR Part 60, Executive Order 11246
as amended by Executive Order 12086, and 24 CFR
570.601 (Discrimination prohibited).
2. The Lead Based Paint Poisoning Prevention Act, 42
USC Section 4831 et seq., and HUD regulations
implementing the Act, 24 CFR Part 35, where,
residential structures are involved. The
Contracting Organization shall provide whatever
assistance is necessary to enable the City of
Yakima's Building Official to carry out its
inspection and certification responsibility under
those regulations.
3. Historic and Archaeological Preservation
requirements as set forth in 24 CFR Section
570.604.36 CFR Part 800, RCW 27.44.010 (Native
American Burial Law), RCW 27.53.010-.090
(Protection of Archaeological Resources), and RCW
43.51.750-.820 (Preservation of Historic
Properties).
4. Architectural Barriers Act of 1968 as amended, 42
USC Section 4151 et seq., implementing regulations,
and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC 1857 et seq; Water
Pollution Control Act, as amended, 33 USC Section
4
1251 et. seq.; and Environmental Protection Agency
regulations, 40 CFR Part 15.
6. Section 3 of the Housing and Urban Development Act
of 1968 (12 USC Section 1701u) and 24 CFR Part 135
(Employment opportunities for project area
businesses and low income persons).
7. Contract Work Hours and Safety Standards Act, 40
USC 327-333, (Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5,
and Chapter 3-.12 RCW (Prevailing Wage Rates).
9. Attachment 0 of the Office of Management and Budget
Circular, A-102 (Procurement Standards) and Federal
Management Circular, FMC 74-4.
10. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, and
regulations contained in 24 CFR Parts 42 and 570.
11. Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) as amended, and HUD regulations with respect
thereto including the regulations under 24 CFR Part
1. In the sale, lease or other transfer of land
acquired, cleared or improved with assistance
provided under this Agreement, the Contracting
Organization shall cause or require a covenant
running with the land to be inserted in the deed or
lease for such transfer, prohibiting discrimination
upon the basis of race, color, religion, sex, or
national origin, in the sale, lease or rental, or
in the use or occupancy of such land or any
improvements erected or to be erected thereon, and
providing that the Contracting Organization, the
County, and the United States are beneficiaries of
and entitled to enforce such covenant. The
Contracting Organization, in undertaking its
obligation in carrying out the program assisted
hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not
itself so discriminate.
12. Environmental Review
1. NEPA
The City of Yakima OHNC retains environmental
review responsibility for purposes of
fulfilling requirements of the National
Environmental Policy Act, under which the City
of Yakima OHNC may require the Contracting
Organization to furnish data, information and
assistance for the City's review and
assessment in determining whether the City
must prepare an Environmental Impact
Statement.
2. SEPA
The Contract Organization retains
responsibility for fulfilling the requirements
of the State Environmental Policy Act and
regulations and ordinance adopted thereunder.
3. Compliance as Pre -Condition
Performance by either the City of Yakima OND
or the Contracting Organization under this
Agreement shall be contingent upon
satisfaction of all applicable requirements of
the National and State Environmental Policy
Acts.
X. NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contracting Organization agrees that it shall not
discriminate against any employee or applicant on the
grounds of race, creed, color, religion, national
origin, sex, marital status, age, or the presence of any
sensory, mental or physical handicap. The Contracting
Organization shall ensure that applicants are employed,
and that employees are treated during employment,
without discrimination because of their race, color,
religion, sex, national origin, creed, marital status,
age or the presence of any sensory, mental or physical
handicap. Such action shall include, but not be limited
to: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of
compensation; and programs for training including
apprenticeships.
The Contracting Organization specifically agrees to
abide by the Office of Federal Contract Compliance
Programs regulations, 41 CFR Part 60, Executive Order
11246 as amended by Executive Order 12086, and HUD Anti
Discrimination Requirements, 24 CFR 570.601.
XI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contracting Organization shall not, on the grounds
of race, color, sex, religion, national origin, creed,
marital status, or age:
1. Deny a qualified individual any facilities,
financial aid, services or other benefits provided
under this Contract;
6
2. Provide any service(s) or other benefits to a
qualified individual which are different, or are
provided in a different manner, from those provided
to others under this Contract; separate treatment
in any manner related to his receipt of any
service(s) or other benefits provided under this
Contract;
3. Deny any qualified individual an opportunity to
participate in any program provided by this
Contract through the provision of service(s) or
otherwise, or will afford him an opportunity to do
so which is different from that afforded others
under this Contract.
B. The Contracting Organization shall abide by all
provisions of Section 504 of the HEW Rehabilitation Act
of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and/or subcontracting has been authorized,
said assignment or subcontract shall include appropriate
safeguards against discrimination in client services
binding upon each contractor or subcontractor. The
Contracting Organization shall take such action as may
be required to ensure full compliance with the
provisions of this clause, including sanctions for
noncompliance.
XII. LICENSING AND PROGRAM STANDARDS
The Contracting Organization agrees to comply with all
applicable Federal, State, County and Municipal standards for
licensing, certification and operation of facilities and
programs, and accreditation and licensing of individuals, and
any other standards or criteria as described in the Contract
to assure quality of services.
XIII.INSPECTION AND INFORMATION
A. At such tines and on such forms as may be required, the
Contracting Organization shall furnish reports,
statements, records, data and information as may be
requested by the City of Yakima OND, State, United
States Government, or other funding agency pertaining to
matters covered by this Contract.
B. The Contracting Organization agrees that representatives
of the City of Yakima, State and United States
Government may make periodic evaluation/inspection of
the facilities, records, and general performance of this
Contract. The Contracting Organization further agrees
that such evaluation may be made on a quarterly basis or
7
at other times deemed reasonable and proper by these
representatives.
C. The Contract Organization shall be required to make
reasonable changes in the services as completed or to be
completed if said services fall below the standards and
specifications set forth in the Special Terms and
Conditions, Project Description, or Statement of Work.
XIV. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential
information concerning a recipient or client for any purpose
not directly connected with the City's or the Contractor's
responsibilities with respect to services provided under this
Contract is prohibited except on written consent of the
recipient or client, his/her attorney or his/her responsible
parent or guardian or as otherwise provided by law.
XV. ASSIGNMENT AND/OR SUBCONTRACTING
The Contracting Organization shall not assign or subcontract
any portion of the services provided within the terms of this
Contract without obtaining prior written approval from the
City. All terms and conditions of this Contract shall apply
to any approved subcontract or assignment related to the
Contract.
XVI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contracting Organization agrees to maintain books,
records and documents and accounting procedures and
practices which accurately reflect all direct and
indirect costs related to the performance of this
Contract. Such fiscal books, records, documents,
reports and other data shall be retained in a manner
consistent with the "Budgeting, Accounting, Reporting
System for Counties and Cities, and Other Local
Governments", hereinafter referred to as "BARS", as
issued by the Office of State Auditor, State of
Washington. The Contracting Organization further agrees
that the City of Yakima OND shall have the right to
monitor and audit the fiscal components of the
organization to insure that actual expenditures remain
consistent with the terms of this Contract. The
Contracting Organization shall retain all books,records,
documents and other material relevant to the Contract
for seven (7) years after settlement of this Contract.
The Contracting Organization agrees that the City of
Yakima, the U.S.Department of Housing and Urban
Development, the Washington State Auditor, or their
designees, shall have full access to and a right to
examine any of said materials at all reasonable times
during said period.
8
B. The Contracting Organization agrees that any
contributions or payments made for services furnished
under this agreement shall be used for the sole benefit
of this program.
XVII. PROGRAM PROPERTY
Any personal property having a useful life of more than one
year and purchased wholly or in part with sub -grant funds at
a cost of three hundred dollars ($300) or more per item,
shall upon its purchase or receipt become the property of the
City of Yakima and/or federal government. Final ownership
and disposition of such property shall be determined under
the provisions of Attachment N of OMB, A-102. The Contracting
Organization shall be responsible for all such property,
including its care and maintenance, and shall comply with
the following procedural requirements:
1. Property records shall be maintained accurately and
provide for: A description of the property;
manufacturer's serial number or other identification
number; acquisition date and cost; source of the
property; percentage of block grant funds used in the
purchase of property; location, use, and condition of
the property.
2. A physical inventory of property shall be taken and the
results reconciled with the property records at least
once every two years to verify the existence, current
utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate
safeguards to prevent lose, damage, or theft to the
property. Any loss, damage, or theft of the property
shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to
keep the property in good condition.
5. If the Contracting Organization elects to capitalize and
depreciate such nonexpendable personal property in lieu
of claiming the acquisition cost as a direct item of
cost, title to such property shall remain with the
Contracting Organization. An election to capitalize and
depreciate or claim acquisition cost as a direct item of
cost shall be irrevocable.
6. Nonexpendable personal property purchased by the
Contracting Organization under the terms of this
Contract, in which title is vested in the City of Yakima
or Federal Government shall not be rented, loaned, or
otherwise passed to any person,partnership, corporation,
association or organization without the prior express
9
approval of the City of Yakima OND.
7. Any nonexpendable personal property furnished to, or
purchased by, the Contracting Organization, title to
which is vested in the City of Yakima OND or federal
government shall, unless otherwise provided herein or
approved by the Contracting Officer, be used only for
the performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the
purchase of nonexpendable personal property, title to
which shall vest in the City of Yakima OND or federal
government, the Contracting Organization agrees to
execute such security agreements and other documents as
shall be necessary for the City of Yakima OND or
federal government to perfect its interest in such
property in accordance with the "Uniform Commercial Code -
Secured Transactions" as codified in Article 9 of Title
62A, RCW.
9. The Contracting Organization shall be responsible for
any loss or damage to the property of the City of Yakima
OND or federal government (including expenses entered
thereunto) which results from negligence, willful
misconduct, or lack of good faith on the part of the
Contracting Organization to maintain and administer in
accordance with sound management practices that
property, to ensure that the property will be returned
to the City of Yakima OND or federal government in like
condition to that in which condition the property was
acquired by purchase, fair wear and tear accepted.
XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY
The Contracting Organization agrees to maintain program
records and reports including statistical infoimation
and to make such records available for inspection by the
City or its designee in order for the City to be assured
that program services remain consistent with the terms
of this contract. The Contracting Organization further
agrees to provide written program statistical
information to the City of Yakima OND in a manner
prescribed by the Office at times as may be requested by
the Office.
XIX. RELATIONSHIP OF THE PARTIES
A. The parties intend that an independent contractor/city
relationship will be created by this Contract. The City
of Yakima OND is interested only in the results to be
achieved, the implementation of services will lie solely
with the Contracting Organization. No agent, employee,
or representatives of the Contracting Organization shall
be deemed to be an employee, agent, servant or
10
representative of the City of Yakima for any purpose,
and the employees of the Contracting Organization are
not entitled to any of the benefits the City of Yakima
provides for City Employees. The Contracting
Organization will be solely and entirely responsible for
its acts and for the acts of its agents, employees,
servants, subcontractors, or otherwise during the
performance of this Contract.
XX. QUARTERLY REPORT
The Contracting Organization agrees to submit a written
quarterly report outlining the progress of Exhibit B, to the
City of Yakima.
XXI. INSURANCE
A. Public Liability and Property Damage. The Contractor
shall maintain during the life of this Contract public
liability and property damage insurance covering the
Contractor's services hereunder in the sum of not less
than twenty thousand dollars for injury or damage to
property and fifty thousand dollars for injury or
damage, including death, to any one person and one
hundred thousand dollars for injury or damage, including
death, to more than one person. Insurance shall cover
work done by the Contractor or subcontractors and shall
protect, as named insured, the City from suits or claims
for damages arising from operations under this Contract
or actions of the Contractor, subcontractors, and
employees either direct or indirect.
B. Workmans compensation. The Contractor agrees to pay
all premiums provided for by the Workman's Compensation
Act of the State of Washington.
XXII.INDEMNIFICATION
All services to be rendered or performed under this Contract
will be performed or rendered entirely at the Contracting
Organization's own risk and the Contracting Organization
expressly agrees to indemnify the City of Yakima and all of
its officers, agents, employees, or otherwise, from any and
all liability, loss or damage they may suffer as a result of
claims, demands, actions, or damages to any and all persons
or property, costs, or judgements against which result from,
arise out of, or are in any way connected with the services
to be performed by the Contracting Organization under this
Contract.
XXIII.HOLD HARMLESS
All services to be rendered or performed under this Contract
will be performed or rendered entirely at the Contracting
11
Organization's own risk and the Contracting Organization
expressly agrees to indemnify and hold halluless the City of
Yakima and all of its officers, agents, employees, or
otherwise, from any and all liability, loss or damage,
inducing reasonable cost of defense they may suffer as a
result of claims, demands, actions, or damages to any and all
persons or property, costs or judgements against the City of
Yakima which result from, arise out of, or are in any way
connected with the services to be performed by the
Contracting Organization under this Contract.
XXIV.CONTRACT, TERMINATION AND CLOSE OUT
If the Contracting Organization fails to comply with the
terms and conditions of this Contract, the City of Yakima
OHNC may pursue such remedies as are legally available
including but not limited to, the termination of this
Contract in the manner specified herein.
A. Termination for Cause If the Contracting
Organization fails to comply with the terms and
conditions of this Contract and any of the following
conditions exist:
1. The lack of compliance with the provisions of this
Contract are of such scope and nature that the City
of Yakima OND deems continuation of this Contract
to be substantially non -beneficial to the public
interest;
2. The Contracting Organization has failed to take
satisfactory corrective action as directed by the
City of Yakima OND or its authorized
representative within the time specified by same;
3. The Contracting Organization has failed within the
time specified by the City of Yakima OND or its
authorized representative to satisfactorily
substantiate its compliance with the terms and
conditions of this Contract, then:
The City of Yakima OND may terminate this contract
in whole or in part, and thereupon shall notify the
Contracting Organization of the termination, the
reasons therefore and the effective date provided
such effective date shall not be prior to
notification to the Contracting Organization.
After this effective date, no charges incurred
under any terminated portions are allowable.
B. Terminations on Other Grounds This Contract may also be
terminated in whole or in part by mutual agreement of
the parties.
12
C. Termination for Withdrawal, Reduction or Limitation of
Funding In the event that funding from the Federal
government is withdrawn, reduced or limited in any way
after the effective date of this contract, and prior to
its normal completion, the City of Yakima OHNC may
summarily terminate this Contract as to the funds
reduced or limited, nonwithstanding any other
termination provision of this contract. If the level
of funding so reduced or limited is so great that the
City of Yakima OND deems that the continuation of the
program covered by this contract is no longer in the
best interest of the public, the City of Yakima OND may
summarily terminate this contract in whole
nonwithstanding any other termination provisions of this
contract. Termination under this Section shall be
effective upon receipt of written notice by the
Contracting Organization or its representative.
The City of Yakima OHNC agrees to promptly notify the
Contracting Organization of any proposed reduction in
funding by Federal or other officials. The Contracting
Organization agrees that upon receipt of such notice it
shall take appropriate and reasonable action to reduce
its spending in the affected funding area so that
expenditures do not exceed the funding level which would
result if said proposed reduction became effective.
This agreement may further be terminated by the City of
Yakima upon written demand by the City of Yakima OND
for assurances that the terms of the Project Description
are being timely complied with, if such assurances are
not made to the City's satisfaction within thirty (30)
days of the date of such written demand.
D. Close-out In the event that this Contract is terminated
in whole or in part for any reason, the following
provisions shall apply:
1. Upon written request by the Contracting
Organization, the City of Yakima shall make or
arrange for payment to the Contracting Organization
of allowable reimbursable costs not covered by
previous payments;
2. The Contracting Organization shall submit within
thirty (30) days after the date of expiration of
this Contract, all financial, performance and other
reports required by this Contract, and in addition,
will cooperate in a program audit by the City of
Yakima or its designee.
3. In the event a financial audit has not been
performed prior to close-out of this Contract, the
City of Yakima OND retains the right to withhold a
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just and reasonable sum from the final payment to
the Contracting Organization after fully
considering the recommendation on disallowed costs
resulting from the final audit.
XXV. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this contract
upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide
employees or bona fide established commercial or selling
agency maintained by the Contractor for the purpose of
securing business. The City of Yakima OND shall have the
right, in the event of breach of this clause by the
Contractor, to annul this Contract without liability or, in
its discretion, to deduct from the Contract price or
consideration or otherwise recover the full amount of such
commission, percentage, brokerage or contingent fee.
XXVI.CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate the right of the Contractor to proceed under
this Contract if it is found, after due notice and
hearing, by the City that gratuities in the form of
entertainment, gifts, or otherwise offered or given by
the Contractor, or agent or representative of the
Contractor, to any officer or employee of the City of
Yakima, with a view towards securing this Contract or
securing favorable treatment with respect to the
awarding or amending or the making of any determinations
with respect to this contract.
B. In the event this Contract is terminated as provided in
(A) above, the City of Yakima shall be entitled to
pursue the same remedies against the Contractor as it
could pursue in the event of a breach of the Contract by
the Contractor. The rights and remedies of the City of
Yakima provided for in this clause shall not be
exclusive and are in addition to any other rights and
remedies provided by law. The existence of facts upon
which the City of Yakima makes any determination under
this clause shall be an issue and may be reviewed as
provided in the "Disputes" clause of this Agreement.
XXVII.RIGHTS IN DATA
The City of Yakima OHNC may duplicate, use and disclose in
any manner and for any purposes whatsoever, and have others
so do, all data delivered under this agreement. The
contractor hereby grants to the City of Yakima, a royalty -
free, non-exclusive, and irrevocable license to publish,
14
translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so, all data now or hereinafter
covered by copyright: Provided, that with respect to data not
originated in the performance of this contract such license
shall be only to the extent that the Contractor has the right
to grant such license without becoming liable to pay
compensation to others because of such grant. The Contractor
shall exert all reasonable effort to advise the City of
Yakima OND, at the time of delivery of data furnished under
this agreement, of all invasions of the right of privacy
contained therein and of all portions of such data copied
from work not composed or produced in the performance of this
agreement and not licensed under this clause. The Contractor
shall report to the City of Yakima OND, promptly and in
written detail,each notice or claim of copyright infringement
received by the Contractor with respect to all data delivered
under this agreement. The Contractor shall not affix any
restrictive markings upon any data, and if such markings are
affixed, the City of Yakima OND shall have the right at any
time to modify, remove, obliterate, or ignore such markings.
XXIX.RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award
unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and
regulations including HUD Community Development Block
Grant Regulations.
2. General TeLnLs and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein,
including the statement of work/project description,
approved HUD grant budget, in the order in which
attached, and
4. Any other provisions whether incorporated by reference
herein or otherwise provided that nothing herein shall
be construed as giving preference to provisions of this
contract/grant award over any provisions of law.
XXX. VENUE STIPULATION
This Contract has been and shall be construed as having been
entered into and delivered within the State of Washington,
and it is mutually understood and greed by each party hereto
that this Contract shall be governed by laws of the State of
Washington, both as to interpertation and performance.
Any action at law, suite in equity, or judicial proceeding
for the enforcement of this Contract or any provisions
thereof, shall be instituted and maintained only in any of
15
the courts of competent jurisdiction at Yakima in Yakima
County, Washington.
XXXI.MODIFICATION
Either party may request changes in this Contract, however,
no change or addition to this Contract shall be valid or
binding upon either party unless such change or addition be
in writing, and executed by both parties, except budget
adjustments as specified in Section IV of this Contract.
XXXII.SEVERABILITY
It is understood and agreed by the parties hereto that if any
part, term, or provision of this Contract is held by the
courts to be illegal, the validity of the remaining
provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as
if the Contract did not contain the particular provision held
to be invalid. If it should appear that any provision hereof
is in conflict with any statutory provision of the United
States or the State of Washington, said provision which may
conflict, therewith, and shall be deemed modified to conform
to such statutory provision.
XXXIII.PROGRAM INCOME
Any program income shall be accounted for by the Contractor,
over the contract time period, shall be reported to the City.
Income is to be used to continue or benefit the program, as
determined by the intent and purpose of the project.
XXXIV.CONFLICT OF INTEREST
No member, officer, or employee of the City of Yakima, or the
Contracting Organization, or assignees or agents, no member
of the governing body of the City of Yakima, and no other
public official of the City of Yakima or such other
localities who exercises any functions or responsibilities
with respect to the program during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with a City of Yakima
Block Grant funded program.
XXXV.REFUND OF CONTRACT PROCEEDS
The Contracting Organization shall return to the City all
monies provided hereunder by the City to the Contracting
Organization if either of the following occur:
1. The Contracting Organization materially changes the
primary purpose and scope of the Neighborhood Improvement
16
Project as described on Exhibit "B" to the contract; or
2. Within ten (10) years from the date of execution of the
Contract, the real property that is the subject of the
Neighborhood Improvement Project described on Exhibit "B" to
the Contract is sold or transferred in any way by the
Contracting Organization.
17
EXHIBIT "B"
SCOPE OF WORK
Renovation of Existing Shelter
PROJECT TITLE
YWCA of Yakima
CONTRACTING ORGANIZATION
1. DESCRIPTION OF PROJECT:
(Detailed description statement of the project/program,
purpose of project/program, needs to be addressed and
problems to be solved).
The facility is 41 years old and requires some capital
improvements to maintain the integrity of the structures.
Client needs and expanded programs also demand new equipment,
such as phones for counseling and follow-up, and computers to
maintain accurate records and to maximize program efficiency.
There is a need for interior and exterior paint on all of
the buildings.
2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM:
(How, by whom, when, indicators of progress/accomplishments).
3rd Quarter - July, August & September 1997
Install handicap accessible bathroom, vinyl floor in
children's house kitchen, prep and paint children's house
interior, install new phone system, wooden wall cabinet for
equipment, new couches for counseling room, computer desk,
purchase, install & network 2 Pentium computers.
4th Quarter - October, November & December 1997
Vinyl for (2) bedrooms in shelter, refinish shelter kitchen
cabinets & replace hardware, plant shrubs and sod in front of
property, lay bark in front of property, scrape and pressure
wash exterior of all buildings.
1st Quarter - January, February & March 1998
Scrape, prep, power wash, paint all (3) buildings, shrubbery
for front of property (20 X $10 ea.), Bark for front of
property (5 yds.), repair retaining wall and add sod to front
of property.
2nd Quarter - April, May & June 1998
Audio/visual cabinet for counseling sessions, prep and paint
interior counseling offices, pull old carpet and install new
in counseling office.
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CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization:Yakima Housing Authority Resident Council
2. Address: 801 Central Avenue, #73
Yakima, WA 98901
3. Phone: 452-0653
4. Contact Person:Margaret Gomez
5. Title of Service or Program being Funded: Neighborhood Newsletter
6. Time Period: Beginning May 6, 1997
Ending June 30, 1998
7. Amount of Contract/Grant Award:$5,360.00
8. This contract/grant award and the rights and obligations of both parties
hereto shall be subject to and governed by the following, incorporated
by reference herein as is fully set forth:
1) General terms and conditions attached hereto or Exhibit "A",
2) Scope of work attached hereto or Exhibit "B".
This contract constitutes the entire agreement between the parties.
Either party may request modification in the scope of services, project
duration, performance or reporting standards, or other terms or conditions
herein. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this contract signed by both parties.
The City and Contracting Organization agree that this contract shall be
modified if necessary to achieve compliance with requirements.
-iIN WITNESS THEREOF the parties have executed this contract as of the day
and year/indicated below.
/
Glenn J. Valenzuela, CED Director Date
-6 JA7ci./
R.A.. Zais, Jr., City Manager Date
.
Signature For Contracting Orgaization Date
Title(--/ /jX ! ")(,.X
1
ATTEST: City Clerk
CITY CONTRACT NO:. 7 -S7
RESOLUTION NO: 04Z -c3 7-70
TERMS AND CONDITIONS EXHIBIT "A"
I. DESIGNATION
The City of Yakima, as recipient of a housing and community
development grant from the U.S. Department of Housing and
Urban Development, hereby designates the Contracting
Organization to undertake, and the Contracting Organization
hereby agrees to undertake that certain community development
or housing assistance project described in Exhibit "B", Scope
of Work.
II. SUB -GRANT
A. Notice to Proceed
No work on the project shall occur prior to or without
written approval from the City of Yakima Office of
Neighborhood Development Services (OND) shall furnish
the Contracting Organization with written notice to
proceed upon release of funds from HUD related to the
project pursuant to 24 CFR Part 58.
B. The City hereby sub -grants to the Contracting
Organization $5,360.00 for said project.
III. GENERAL BUDGET PROVISIONS
The Contracting Organization agrees to the following
provisions in satisfying the terms and conditions of this
contract:
A. Payment and Disbursements. Disbursements by the City
of Yakima from this contract/grant award shall be on a
reimbursement basis covering actual expenditures by the
Contracting Organization or obligation of the
Contracting Organization currently due and owing, but
not paid. Disbursements shall be limited to allowable
costs and so shall be made upon the occurrence of all
the following, in addition to any other conditions
contained herein or in the special conditions:
1. Receipt by the City of Yakima OND of a written
reimbursement request on forms provided by the City
of Yakima OND supported by copies of vouchers,
invoices, salary and wage summaries, or other
acceptable documentation; and
2. Determination by the City of Yakima OND that the
expenditures or obligations for which reimbursement
is sought constitute allowable costs under the
principles set forth in Federal Management Circular
74-4 and come within the Project Budget.
2
B. No payment shall be made for any service rendered by the
Contracting Organization except for services within the
scope of a category set forth in the budget in Exhibit
"B" of this Contract, and all funds received must be
used for service as identified in Exhibit "B" of this
Contract.
C. 1. The Contracting Organization shall submit to the
City of Yakima OND a written request for approval
of budget revision when a proposed revision would
result in an increase or decrease of ten percent
(10%) or more in an approved budget subject
category. Written budget revision approval must be
received by the Contracting Organization prior to
the Contracting Organization incurring any
expenditures against the revised budget sub -object
categories.
2. When the revision of the Contracting Organization
budget does not exceed ten percent (10%) of an
approved budget sub -object category, the
Contracting Organization must submit a revised
budget to the City of Yakima OND prior to the
submittal of claims against the budget.
IV. COMMENCEMENT OF WORK
The City of Yakima OND shall furnish the Contracting
Organization with written notice to proceed upon release of
funds from HUD related to the project. No work on the
project shall occur prior to the notice to proceed without
written approval from the City of Yakima OND.
V. BILLING PROCEDURES
A. The Contracting Organization shall submit monthly
written claims for reimbursement of services performed
under this contract in the manner prescribed in
paragraph III above, and as prescribed in the City of
Yakima OND.
B. The City of Yakima OND, shall notify the Contracting
Organization in writing of a proposed transfer, at least
thirty (30) calendar days before the actual
transference occurs.
VII. LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to reduce substantially
the amount of local financial support for community
development activities below the level of such support prior
to the availability of such assistance.
3
VIII. BUDGET SURPLUS
The Contracting Organization agrees that funds determined by
the City of Yakima OND to be surplus at the end of the year
within the budget of this Contract will be subject to
cancellation by the City of Yakima OND and may be negotiated
if they are to be included in future contracts.
IX. COMPLIANCE WITH LAWS
A. GENERAL
The Contracting Organization, in performance of this
Contract, agrees to comply with all applicable Federal,
State and Local Laws and ordinances, and the rules and
regulations promulgated by the U.S. Department of
Housing and Urban Development, including but not limited
to, Federal Community Development Block Grant
Regulations; and other policies and guidelines
established by the City of Yakima OHNC.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS
The following federal provisions may apply, among
others, to this contract:
1. Office of Federal Contract Compliance Programs
regulations, 41 CFR Part 60, Executive Order 11246
as amended by Executive Order 12086, and 24 CFR
570.601 (Discrimination prohibited).
2. The Lead Based Paint Poisoning Prevention Act, 42
USC Section 4831 et seq., and HUD regulations
implementing the Act, 24 CFR Part 35, where,
residential structures are involved. The
Contracting Organization shall provide whatever
assistance is necessary to enable the City of
Yakima's Building Official to carry out its
inspection and certification responsibility under
those regulations.
3. Historic and Archaeological Preservation
requirements as set forth in 24 CFR Section
570.604.36 CFR Part 800, RCW 27.44.010 (Native
American Burial Law), RCW 27.53.010-.090
(Protection of Archaeological Resources), and RCW
43.51.750-.820 (Preservation of Historic
Properties).
4. Architectural Barriers Act of 1968 as amended, 42
USC Section 4151 et seq., implementing regulations,
and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC 1857 et seq; Water
Pollution Control Act, as amended, 33 USC Section
4
1251 et. seq.; and Environmental Protection Agency
regulations, 40 CFR Part 15.
6. Section 3 of the Housing and Urban Development Act
of 1968 (12 USC Section 1701u) and 24 CFR Part 135
(Employment opportunities for project area
businesses and low income persons).
7. Contract Work Hours and Safety Standards Act, 40
USC 327-333, (Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5,
and Chapter 3-.12 RCW (Prevailing Wage Rates).
9. Attachment 0 of the Office of Management and Budget
Circular, A-102 (Procurement Standards) and Federal
Management Circular, FMC 74-4.
10. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, and
regulations contained in 24 CFR Parts 42 and 570.
11. Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) as amended, and HUD regulations with respect
thereto including the regulations under 24 CFR Part
1. In the sale, lease or other transfer of land
acquired, cleared or improved with assistance
provided under this Agreement, the Contracting
Organization shall cause or require a covenant
running with the land to be inserted in the deed or
lease for such transfer, prohibiting discrimination
upon the basis of race, color, religion, sex, or
national origin, in the sale, lease or rental, or
in the use or occupancy of such land or any
improvements erected or to be erected thereon, and
providing that the Contracting Organization, the
County, and the United States are beneficiaries of
and entitled to enforce such covenant. The
Contracting Organization, in undertaking its
obligation in carrying out the program assisted
hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not
itself so discriminate.
12. Environmental Review
1. NEPA
The City of Yakima OHNC retains environmental
review responsibility for purposes of
fulfilling requirements of the National
Environmental Policy Act, under which the City
of Yakima OHNC may require the Contracting
Organization to furnish data, information and
assistance for the City's review and
assessment in determining whether the City
must prepare an Environmental Impact
Statement.
2. SEPA
The Contract Organization retains
responsibility for fulfilling the requirements
of the State Environmental Policy Act and
regulations and ordinance adopted thereunder.
3. Compliance as Pre -Condition
Performance by either the City of Yakima OND
or the Contracting Organization under this
Agreement shall be contingent upon
satisfaction of all applicable requirements of
the National and State Environmental Policy
Acts.
X. NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contracting Organization agrees that it shall not
discriminate against any employee or applicant on the
grounds of race, creed, color, religion, national
origin, sex, marital status, age, or the presence of any
sensory, mental or physical handicap. The Contracting
Organization shall ensure that applicants are employed,
and that employees are treated during employment,
without discrimination because of their race, color,
religion, sex, national origin, creed, marital status,
age or the presence of any sensory, mental or physical
handicap. Such action shall include, but not be limited
to: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of
compensation; and programs for training including
apprenticeships.
The Contracting Organization specifically agrees to
abide by the Office of Federal Contract Compliance
Programs regulations, 41 CFR Part 60, Executive Order
11246 as amended by Executive Order 12086, and HUD Anti
Discrimination Requirements, 24 CFR 570.601.
XI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contracting Organization shall not, on the grounds
of race, color, sex, religion, national origin, creed,
marital status, or age:
1. Deny a qualified individual any facilities,
financial aid, services or other benefits provided
under this Contract;
6
2. Provide any service(s) or other benefits to a
qualified individual which are different, or are
provided in a different manner, from those provided
to others under this Contract; separate treatment
in any manner related to his receipt of any
service(s) or other benefits provided under this
Contract;
3. Deny any qualified individual an opportunity to
participate in any program provided by this
Contract through the provision of service(s) or
otherwise, or will afford him an opportunity to do
so which is different from that afforded others
under this Contract.
B. The Contracting Organization shall abide by all
provisions of Section 504 of the HEW Rehabilitation Act
of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and/or subcontracting has been authorized,
said assignment or subcontract shall include appropriate
safeguards against discrimination in client services
binding upon each contractor or subcontractor. The
Contracting Organization shall take such action as may
be required to ensure full compliance with the
provisions of this clause, including sanctions for
noncompliance.
XII. LICENSING AND PROGRAM STANDARDS
The Contracting Organization agrees to comply with all
applicable Federal, State, County and Municipal standards for
licensing, certification and operation of facilities and
programs, and accreditation and licensing of individuals, and
any other standards or criteria as described in the Contract
to assure quality of services.
XIII. INSPECTION AND INFORMATION
A. At such times and on such forms as may be required, the
Contracting Organization shall furnish reports,
statements, records, data and information as may be
requested by the City of Yakima OND, State, United
States Government, or other funding agency pertaining to
matters covered by this Contract.
B. The Contracting Organization agrees that representatives
of the City of Yakima, State and United States
Government may make periodic evaluation/inspection of
the facilities, records, and general performance of this
Contract. The Contracting Organization further agrees
that such evaluation may be made on a quarterly basis or
7
at other times deemed reasonable and proper by these
representatives.
C. The Contract Organization shall be required to make
reasonable changes in the services as completed or to be
completed if said services fall below the standards and
specifications set forth in the Special Terms and
Conditions, Project Description, or Statement of Work.
XIV. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential
information concerning a recipient or client for any purpose
not directly connected with the City's or the Contractor's
responsibilities with respect to services provided under this
Contract is prohibited except on written consent of the
recipient or client, his/her attorney or his/her responsible
parent or guardian or as otherwise provided by law.
XV. ASSIGNMENT AND/OR SUBCONTRACTING
The Contracting Organization shall not assign or subcontract
any portion of the services provided within the terms of this
Contract without obtaining prior written approval from the
City. All terms and conditions of this Contract shall apply
to any approved subcontract or assignment related to the
Contract.
XVI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contracting Organization agrees to maintain books,
records and documents and accounting procedures and
practices which accurately reflect all direct and
indirect costs related to the performance of this
Contract. Such fiscal books, records, documents,
reports and other data shall be retained in a manner
consistent with the "Budgeting, Accounting, Reporting
System for Counties and Cities, and Other Local
Governments", hereinafter referred to as "BARS", as
issued by the Office of State Auditor, State of
Washington. The Contracting Organization further agrees
that the City of Yakima OND shall have the right to
monitor and audit the fiscal components of the
organization to insure that actual expenditures remain
consistent with the terms of this Contract. The
Contracting Organization shall retain all books,records,
documents and other material relevant to the Contract
for seven (7) years after settlement of this Contract.
The Contracting Organization agrees that the City of
Yakima, the U.S.Department of Housing and Urban
Development, the Washington State Auditor, or their
designees, shall have full access to and a right to
examine any of said materials at all reasonable times
during said period.
8
B. The Contracting Organization agrees that any
contributions or payments made for services furnished
under this agreement shall be used for the sole benefit
of this program.
XVII. PROGRAM PROPERTY
Any personal property having a useful life of more than one
year and purchased wholly or in part with sub -grant funds at
a cost of three hundred dollars ($300) or more per item,
shall upon its purchase or receipt become the property of the
City of Yakima and/or federal government. Final ownership
and disposition of such property shall be determined under
the provisions of Attachment N of OMB, A-102. The Contracting
Organization shall be responsible for all such property,
including its care and maintenance, and shall comply with
the following procedural requirements:
1. Property records shall be maintained accurately and
provide for: A description of the property;
manufacturer's serial number or other identification
number; acquisition date and cost; source of the
property; percentage of block grant funds used in the
purchase of property; location, use, and condition of
the property.
2. A physical inventory of property shall be taken and the
results reconciled with the property records at least
once every two years to verify the existence, current
utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate
safeguards to prevent lose, damage, or theft to the
property. Any loss, damage, or theft of the property
shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to
keep the property in good condition.
5. If the Contracting Organization elects to capitalize and
depreciate such nonexpendable personal property in lieu
of claiming the acquisition cost as a direct item of
cost, title to such property shall remain with the
Contracting Organization. An election to capitalize and
depreciate or claim acquisition cost as a direct item of
cost shall be irrevocable.
6. Nonexpendable personal property purchased by the
Contracting Organization under the terms of this
Contract, in which title is vested in the City of Yakima
or Federal Government shall not be rented, loaned, or
otherwise passed to any person,partnership, corporation,
association or organization without the prior express
9
approval of the City of Yakima OND.
7. Any nonexpendable personal property furnished to, or
purchased by, the Contracting Organization, title to
which is vested in the City of Yakima OND or federal
government shall, unless otherwise provided herein or
approved by the Contracting Officer, be used only for
the performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the
purchase of nonexpendable personal property, title to
which shall vest in the City of Yakima OND or federal
government, the Contracting Organization agrees to
execute such security agreements and other documents as
shall be necessary for the City of Yakima OND or
federal government to perfect its interest in such
property in accordance with the "Uniform Commercial Code -
Secured Transactions" as codified in Article 9 of Title
62A, RCW.
9. The Contracting Organization shall be responsible for
any loss or damage to the property of the City of Yakima
OND or federal government (including expenses entered
thereunto) which results from negligence, willful
misconduct, or lack of good faith on the part of the
Contracting Organization to maintain and administer in
accordance with sound management practices that
property, to ensure that the property will be returned
to the City of Yakima OND or federal government in like
condition to that in which condition the property was
acquired by purchase, fair wear and tear accepted.
XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY
The Contracting Organization agrees to maintain program
records and reports including statistical information
and to make such records available for inspection by the
City or its designee in order for the City to be assured
that program services remain consistent with the terms
of this contract. The Contracting Organization further
agrees to provide written program statistical
information to the City of Yakima OND in a manner
prescribed by the Office at times as may be requested by
the Office.
XIX. RELATIONSHIP OF THE PARTIES
A. The parties intend that an independent contractor/city
relationship will be created by this Contract. The City
of Yakima OND is interested only in the results to be
achieved, the implementation of services will lie solely
with the Contracting Organization. No agent, employee,
or representatives of the Contracting Organization shall
be deemed to be an employee, agent, servant or
10
representative of the City of Yakima for any purpose,
and the employees of the Contracting Organization are
not entitled to any of the benefits the City of Yakima
provides for City Employees. The Contracting
Organization will be solely and entirely responsible for
its acts and for the acts of its agents, employees,
servants, subcontractors, or otherwise during the
performance of this Contract.
XX. QUARTERLY REPORT
The Contracting Organization agrees to submit a written
quarterly report outlining the progress of Exhibit B, to the
City of Yakima.
XXI. INSURANCE
A. Public Liability and Property Damage. The Contractor
shall maintain during the life of this Contract public
liability and property damage insurance covering the
Contractor's services hereunder in the sum of not less
than twenty thousand dollars for injury or damage to
property and fifty thousand dollars for injury or
damage, including death, to any one person and one
hundred thousand dollars for injury or damage, including
death, to more than one person. Insurance shall cover
work done by the Contractor or subcontractors and shall
protect, as named insured, the City from suits or claims
for damages arising from operations under this Contract
or actions of the Contractor, subcontractors, and
employees either direct or indirect.
B. Workmans compensation. The Contractor agrees to pay
all premiums provided for by the Workman's Compensation
Act of the State of Washington.
XXII.INDEMNIFICATION
All services to be rendered or performed under this Contract
will be performed or rendered entirely at the Contracting
Organization's own risk and the Contracting Organization
expressly agrees to indemnify the City of Yakima and all of
its officers, agents, employees, or otherwise, from any and
all liability, loss or damage they may suffer as a result of
claims, demands, actions, or damages to any and all persons
or property, costs, or judgements against which result from,
arise out of, or are in any way connected with the services
to be performed by the Contracting Organization under this
Contract.
XXIII.HOLD HARMLESS
All services to be rendered or performed under this Contract
will be performed or rendered entirely at the Contracting
11
Organization's own risk and the Contracting Organization
expressly agrees to indemnify and hold harmless the City of
Yakima and all of its officers, agents, employees, or
otherwise, from any and all liability, loss or damage,
inducing reasonable cost of defense they may suffer as a
result of claims, demands, actions, or damages to any and all
persons or property, costs or judgements against the City of
Yakima which result from, arise out of, or are in any way
connected with the services to be performed by the
Contracting Organization under this Contract.
XXIV.CONTRACT, TERMINATION AND CLOSE OUT
If the Contracting Organization fails to comply with the
terms and conditions of this Contract, the City of Yakima
OHNC may pursue such remedies as are legally available
including but not limited to, the termination of this
Contract in the manner specified herein.
A. Termination for Cause If the Contracting
Organization fails to comply with the terms and
conditions of this Contract and any of the following
conditions exist:
1. The lack of compliance with the provisions of this
Contract are of such scope and nature that the City
of Yakima OND deems continuation of this Contract
to be substantially non -beneficial to the public
interest;
2. The Contracting Organization has failed to take
satisfactory corrective action as directed by the
City of Yakima OND or its authorized
representative within the time specified by same;
3. The Contracting Organization has failed within the
time specified by the City of Yakima OND or its
authorized representative to satisfactorily
substantiate its compliance with the terms and
conditions of this Contract, then:
The City of Yakima OND may terminate this contract
in whole or in part, and thereupon shall notify the
Contracting Organization of the termination, the
reasons therefore and the effective date provided
such effective date shall not be prior to
notification to the Contracting Organization.
After this effective date, no charges incurred
under any terminated portions are allowable.
B. Terminations on Other Grounds This Contract may also be
terminated in whole or in part by mutual agreement of
the parties.
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C. Termination for Withdrawal, Reduction or Limitation of
Funding In the event that funding from the Federal
government is withdrawn, reduced or limited in any way
after the effective date of this contract, and prior to
its normal completion, the City of Yakima OHNC may
summarily terminate this Contract as to the funds
reduced or limited, nonwithstanding any other
termination provision of this contract. If the level
of funding so reduced or limited is so great that the
City of Yakima OND deems that the continuation of the
program covered by this contract is no longer in the
best interest of the public, the City of Yakima OND may
summarily terminate this contract in whole
nonwithstanding any other termination provisions of this
contract. Termination under this Section shall be
effective upon receipt of written notice by the
Contracting Organization or its representative.
The City of Yakima OHNC agrees to promptly notify the
Contracting Organization of any proposed reduction in
funding by Federal or other officials. The Contracting
Organization agrees that upon receipt of such notice it
shall take appropriate and reasonable action to reduce
its spending in the affected funding area so that
expenditures do not exceed the funding level which would
result if said proposed reduction became effective.
This agreement may further be terminated by the City of
Yakima upon written demand by the City of Yakima OND
for assurances that the terms of the Project Description
are being timely complied with, if such assurances are
not made to the City's satisfaction within thirty (30)
days of the date of such written demand.
D. Close-out In the event that this Contract is terminated
in whole or in part for any reason, the following
provisions shall apply:
1. Upon written request by the Contracting
Organization, the City of Yakima shall make or
arrange for payment to the Contracting Organization
of allowable reimbursable costs not covered by
previous payments;
2. The Contracting Organization shall submit within
thirty (30) days after the date of expiration of
this Contract, all financial, performance and other
reports required by this Contract, and in addition,
will cooperate in a program audit by the City of
Yakima or its designee.
3. In the event a financial audit has not been
performed prior to close-out of this Contract, the
City of Yakima OND retains the right to withhold a
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just and reasonable sum from the final payment to
the Contracting Organization after fully
considering the recommendation on disallowed costs
resulting from the final audit.
XXV. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this contract
upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide
employees or bona fide established commercial or selling
agency maintained by the Contractor for the purpose of
securing business. The City of Yakima OND shall have the
right, in the event of breach of this clause by the
Contractor, to annul this Contract without liability or, in
its discretion, to deduct from the Contract price or
consideration or otherwise recover the full amount of such
commission, percentage, brokerage or contingent fee.
XXVI.CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate the right of the Contractor to proceed under
this Contract if it is found, after due notice and
hearing, by the City that gratuities in the form of
entertainment, gifts, or otherwise offered or given by
the Contractor, or agent or representative of the
Contractor, to any officer or employee of the City of
Yakima, with a view towards securing this Contract or
securing favorable treatment with respect to the
awarding or amending or the making of any determinations
with respect to this contract.
B. In the event this Contract is terminated as provided in
(A) above, the City of Yakima shall be entitled to
pursue the same remedies against the Contractor as it
could pursue in the event of a breach of the Contract by
the Contractor. The rights and remedies of the City of
Yakima provided for in this clause shall not be
exclusive and are in addition to any other rights and
remedies provided by law. The existence of facts upon
which the City of Yakima makes any determination under
this clause shall be an issue and may be reviewed as
provided in the "Disputes" clause of this Agreement.
XXVII.RIGHTS IN DATA
The City of Yakima OHNC may duplicate, use and disclose in
any manner and for any purposes whatsoever, and have others
so do, all data delivered under this agreement. The
contractor hereby grants to the City of Yakima, a royalty -
free, non-exclusive, and irrevocable license to publish,
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translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so, all data now or hereinafter
covered by copyright: Provided, that with respect to data not
originated in the performance of this contract such license
shall be only to the extent that the Contractor has the right
to grant such license without becoming liable to pay
compensation to others because of such grant. The Contractor
shall exert all reasonable effort to advise the City of
Yakima OND, at the time of delivery of data furnished under
this agreement, of all invasions of the right of privacy
contained therein and of all portions of such data copied
from work not composed or produced in the performance of this
agreement and not licensed under this clause. The Contractor
shall report to the City of Yakima OND, promptly and in
written detail,each notice or claim of copyright infringement
received by the Contractor with respect to all data delivered
under this agreement. The Contractor shall not affix any
restrictive markings upon any data, and if such markings are
affixed, the City of Yakima OND shall have the right at any
time to modify, remove, obliterate, or ignore such markings.
XXIX.RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award
unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and
regulations including HUD Community Development Block
Grant Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein,
including the statement of work/project description,
approved HUD grant budget, in the order in which
attached, and
4. Any other provisions whether incorporated by reference
herein or otherwise provided that nothing herein shall
be construed as giving preference to provisions of this
contract/grant award over any provisions of law.
XXX. VENUE STIPULATION
This Contract has been and shall be construed as having been
entered into and delivered within the State of Washington,
and it is mutually understood and greed by each party hereto
that this Contract shall be governed by laws of the State of
Washington, both as to interpertation and performance.
Any action at law, suite in equity, or judicial proceeding
for the enforcement of this Contract or any provisions
thereof, shall be instituted and maintained only in any of
15
the courts of competent jurisdiction at Yakima in Yakima
County, Washington.
XXXI.MODIFICATION
Either party may request changes in this Contract, however,
no change or addition to this Contract shall be valid or
binding upon either party unless such change or addition be
in writing, and executed by both parties, except budget
adjustments as specified in Section IV of this Contract.
XXXII.SEVERABILITY
It is understood and agreed by the parties hereto that if any
part, term, or provision of this Contract is held by the
courts to be illegal, the validity of the remaining
provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as
if the Contract did not contain the particular provision held
to be invalid. If it should appear that any provision hereof
is in conflict with any statutory provision of the United
States or the State of Washington, said provision which may
conflict, therewith, and shall be deemed modified to conform
to such statutory provision.
XXXIII.PROGRAM INCOME
Any program income shall be accounted for by the Contractor,
over the contract time period, shall be reported to the City.
Income is to be used to continue or benefit the program, as
determined by the intent and purpose of the project.
XXXIV.CONFLICT OF INTEREST
No member, officer, or employee of the City of Yakima, or the
Contracting Organization, or assignees or agents, no member
of the governing body of the City of Yakima, and no other
public official of the City of Yakima or such other
localities who exercises any functions or responsibilities
with respect to the program during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with a City of Yakima
Block Grant funded program.
XXXV.REFUND OF CONTRACT PROCEEDS
The Contracting Organization shall return to the City all
monies provided hereunder by the City to the Contracting
Organization if either of the following occur:
1. The Contracting Organization materially changes the
primary purpose and scope of the Neighborhood Improvement
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Project as described on Exhibit "B" to the contract; or
2. Within ten (10) years from the date of execution of the
Contract, the real property that is the subject of the
Neighborhood Improvement Project described on Exhibit "B" to
the Contract is sold or transferred in any way by the
Contracting Organization.
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EXHIBIT "B"
SCOPE OF WORK
Equipment to produce newsletters and flyers
PROJECT TITLE
Yakima Housing Authority Resident Council
CONTRACTING ORGANIZATION:
1. DESCRIPTION OF PROJECT:
(Detailed description statement of the project/program,
purpose of project/program, needs to be addressed and
problems to be solved).
Equipment to produce newsletters, meeting flyers and
information sheets for tenants. This equipment will enpower
the resident council to produce grant proposals, do the
necessary correspondence and store data independently.
Computer and monitor, printer, scanner, publishing software
36 mm zoom/panorama camera, film and developing costs.Funds
for printing, folding of: 4 issues-childrens newsletters, 6
issues -tenant household. Tenant survey to provide a solid
statistical base to tailor grant for the tenant population.
2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM:
(How, by whom, when, indicators of progress/accomplishments).
3rd Quarter - July, August & September 1997
Tenant Coucil sets policy on use of equipment, responsible
party(s) access/log in log out, age requirements, supervision
requirement, availability priority and hours. Find
editor/computer consultant as independent contractor for
childrens newsletter. Market research on equipment (prices
and upgrades occur monthly overnight), from local and
mailorder services and make purchases.
4th Quarter - October, November & December 1997
Tenant survey is written and performed. Results are
recorded. Tenant and children newsletters.
1st Quarter - January, February & March 1998
Tenant and children newsletters.
2nd Quarter - April, May & June 1998
Tenant and children newsletters.
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CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization:Greater Faith Baptist Church
2. Address: 87.2 - 814 South 6th Street
Yakima, WA 98901
3. Phone: 575-2437
4. Contact Person:Pat Brown
5. Title of Service or Program being Funded:penman Memorial Youth Park
6. Time Period: Beginning Mav 6, 1997
Ending June 30, 1998
7. Amount of Contract/Grant Award:$16,500.00
8. This contract/grant award and the rights and obligations of both parties
hereto shall be subject to and governed by the following, incorporated
by reference herein as is fully set forth:
1) General terms and conditions attached hereto or Exhibit "A",
2) Scope of work attached hereto or Exhibit "B".
This contract constitutes the entire agreement between the parties.
Either party may request modification in the scope of services, project
duration, performance or reporting standards, or other terms or conditions
herein Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this contract signed by both parties.
The City and Contracting Organization agree that this contract shall be
modified if necessary to achieve compliance with requirements.
IN WITNESS THEREOF the parties have executed this contract as of the day
and year indicated below.
Glenn J. Valenzuela, CED Director Date
R.A. Zais, Jr., City Manager
Date ATTEST: City Clerk
Signature For Contracting Organization Date
Title:
1
TERMS AND CONDITIONS EXHIBIT "A"
I. DESIGNATION
The City of Yakima, as recipient of a housing and community
development grant from the U.S. Department of Housing and
Urban Development, hereby designates the Contracting
Organization to undertake, and the Contracting Organization
hereby agrees to undertake that certain community development
or housing assistance project described in Exhibit "B", Scope
of Work.
II. SUB -GRANT
A. Notice to Proceed
No work on the project shall occur prior to or without
written approval from the City of Yakima Office of
Neighborhood Development Services (OND) shall furnish.
the Contracting Organization with written notice to
proceed upon release of funds from HUD related to the
project pursuant to 24 CFR Part 58.
B. The City hereby sub -grants to the Contracting
Organization $16 500.00 for said project.
III. GENERAL BUDGET PROVISIONS
The Contracting Organization agrees to the following
provisions in satisfying the terms and conditions of this
contract:
A. Payment and Disbursements. Disbursements by the City
of Yakima from this contract/grant award shall be on a
reimbursement basis covering actual expenditures by the
Contracting Organization or obligation of the
Contracting Organization currently due and owing, but
not paid. Disbursements shall be limited to allowable
costs and so shall be made upon the occurrence of all
the following, in addition to any other conditions
contained herein or in the special conditions:
1. Receipt by the City of Yakima OND of a written
reimbursement request on forms provided by the City
of Yakima OND supported by copies of vouchers,
invoices, salary and wage summaries, or other
acceptable documentation; and
2.
Determination by the City of Yakima OND that the
expenditures or obligations for which reimbursement
is sought constitute allowable costs under the
principles set forth in Federal Management Circular
74-4 and come within the Project I3udget.
2
B. No payment shall be made for any service rendered by the
Contracting Organization except for services within the
scope of a category set forth in the budget in Exhibit
"B" of this Contract, and all funds received must be
used for service as identified in Exhibit "B" of this
Contract.
C. 1. The Contracting Organization shall submit to the
City of Yakima OND a written request for approval
of budget revision when a proposed revision would
result in an increase or decrease of ten percent
(10%) or more in an approved budget subject
category. Written budget revision approval must be
received by the Contracting Organization prior to
the Contracting Organization incurring any
expenditures against the revised budget sub -object
categories.
2. When the revision of the Contracting Organization
budget does not exceed ten percent (10%) of an
approved budget sub -object category, the
Contracting Organization must submit a revised
budget to the City of Yakima OND prior to the
submittal of claims against the budget.
IV. COMMENCEMENT OF WORK
The City of Yakima OND shall furnish the Contracting
Organization with written notice to proceed upon release of
funds from HUD related to the project. No work on the
project shall occur prior to the notice to proceed without
written approval from the City of Yakima OND.
V. BILLING PROCEDURES
A. The Contracting Organization shall submit monthly
written claims for reimbursement of services performed
under this contract in the manner prescribed in
paragraph III above, and as prescribed in the City of
Yakima OND.
B. The City of Yakima OND, shall notify the Contracting
Organization in writing of a proposed transfer, at least
thirty (30) calendar days before the actual
transference occurs.
VII. LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to reduce substantially
the amount of local financial support for community
development activities below the level of such support prior
to the availability of such assistance.
3
VIII. BUDGET SURPLUS
The Contracting Organization agrees that funds determined by
the City of Yakima OND to be surplus at the end of the year
within the budget of this Contract will be subject to
cancellation by the City of Yakima OND and may be negotiated
if they are to be included in future contracts.
IX. COMPLIANCE WITH LAWS
A. GENERAL
The Contracting Organization, in performance of this
Contract, agrees to comply with all applicable Federal,
State and Local Laws and ordinances, and the rules and
regulations promulgated by the U.S. Department of
Housing and Urban Development, including but not limited
to, Federal Community Development Block Grant
Regulations; and other policies and guidelines
established by the City of Yakima OHNC.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REOUIREMENTS
The following federal provisions may apply, among
others, to this contract:
1. Office of Federal Contract Compliance Programs
regulations, 41 CFR Part 60, Executive Order 11246
as amended by Executive Order 12086, and. 24 CFR
570.601 (Discrimination prohibited).
2. The Lead Based Paint Poisoning Prevention Act, 42
USC Section 4831 et seq., and HUD regulations
implementing the Act, 24 CFR Part 35, where,
residential structures are involved. The
Contracting Organization shall provide whatever
assistance is necessary to enable the City of
Yakima's Building Official to carry out its
inspection and certification responsibility under
those regulations.
3. Historic and Archaeological Preservation
requirements as set forth in 24 CFR Section
570.604.36 CFR Part 800, RCW 27.44.010 (Native
American Burial Law), RCW 27.53.010-.090
(Protection of Archaeological Resources), and RCW
43.51.750-.820 (Preservation of Historic
Properties).
4. Architectural Barriers Act of 1968 as amended, 42
USC Section 4151 et seq., implementing regulations,
and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC 1857 et seq; Water
Pollution Control Act, as amended, 33 USC Section
4
1251 et. seq.; and Environmental Protection Agency
regulations, 40 CFR Part 15.
6. Section 3 of the Housing and Urban Development Act
of 1968 (12 USC Section 1701u) and 24 CFR Part 135
(Employment opportunities for project area
businesses and low income persons).
7. Contract Work Hours and Safety Standards Act, 40
USC 327-333, (Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5,
and Chapter 3-.12 RCW (Prevailing Wage Rates).
9. Attachment 0 of the Office of_ Management and Budget
Circular, A-102 (Procurement Standards) and Federal
Management Circular, FMC 74-4.
10. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, and
regulations contained in 24 CFR Parts 42 and 570.
11. Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) as amended, and HUD regulations with respect
thereto including the regulations under 24 CFR Part
1. In the sale, lease or other transfer of land
acquired, cleared or improved with assistance
provided under this Agreement, the Contracting
Organization shall cause or require a covenant
running with the land to be inserted in the deed or
lease for such transfer, prohibiting discrimination
upon the basis of race, color, religion, sex, or
national origin, in the sale, lease or rental, or
in the use or occupancy of such land or any
improvements erected or to be erected thereon, and
providing that the Contracting Organization, the
County, and the United States are beneficiaries of
and entitled to enforce such covenant. The
Contracting Organization, in undertaking its
obligation in carrying out the program assisted
hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not
itself so discriminate.
12. Environmental Review
1. NEPA
The City of Yakima OHNC retains environmental
review responsibility for purposes of
fulfilling requirements of the National
Environmental Policy Act, under which the City
of Yakima OHNC may require the Contracting
Organization to furnish data, information and
assistance for the City's review and
assessment in determining whether the City
must prepare an Environmental Impact
Statement.
2. SEPA
The Contract Organization retains
responsibility for fulfilling the requirements
of the State Environmental Policy Act and
regulations and ordinance adopted thereunder.
3. Compliance as Pre -Condition
Performance by either the City of Yakima ONI)
or the Contracting Organization under this
Agreement shall be contingent upon
satisfaction of all applicable requirements of
the National and State Environmental Policy
Acts.
X. NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contracting Organization agrees that it shall not
discriminate against any employee or applicant on the
grounds of race, creed, color, religion, national
origin, sex, marital status, age, or the presence of any
sensory, mental or physical handicap. The Contracting
Organization shall ensure that applicants are employed,
and that employees are treated during employment,
without discrimination because of their race, color,
:religion, sex, national origin, creed, marital status,
age or the presence of any sensory, mental or physical
handicap. Such action shall include, but not be limited
to: employment, upgrading, demotion or transfer;
:recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of
compensation; and programs for training including
apprenticeships.
The Contracting Organization specifically agrees to
abide by the Office of Federal Contract Compliance
Programs regulations, 41 CFR Part 60, Executive Order
11246 as amended by Executive Order 12086, and HUD Anti
Discrimination Requirements, 24 CFR 570.601.
XI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contracting Organization shall not, on the grounds
of race, color, sex, religion, national origin, creed,
:marital status, or age:
1. Deny a qualified individual any facilities,
financial aid, services or other benefits provided
under this Contract;
6
2. Provide any service(s) or other benefits to a
qualified individual which are different, or are
provided in a different manner, from those provided
to others under this Contract; separate treatment
in any manner related to his receipt of any
service(s) or other benefits provided under this
Contract;
3. Deny any qualified individual an opportunity to
participate in any program provided by this
Contract through the provision of service(s) or
otherwise, or will afford him an opportunity to do
so which is different from that afforded others
under this Contract.
B. The Contracting Organization shall abide by all
provisions of Section 504 of the HEW Rehabilitation Act
of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and/or subcontracting has been authorized,
said assignment or subcontract shall include appropriate
safeguards against discrimination in client services
binding upon each contractor or subcontractor. The
Contracting Organization shall take such action as may
be required to ensure full compliance with the
provisions of this clause, including sanctions for
noncompliance.
XII. LICENSING AND PROGRAM STANDARDS
The Contracting Organization agrees to comply with all
applicable Federal, State, County and Municipal standards for
licensing, certification and operation of facilities and
programs, and accreditation and licensing of individuals, and
any other standards or criteria as described in the Contract
to assure quality of services.
XIII.INSPECTION AND INFORMATION
A. At such times and on such forms as may be required, the
Contracting Organization shall furnish reports,
statements, records, data and information as may be
requested by the City of Yakima OND, State, United
States Government, or other funding agency pertaining to
matters covered by this Contract.
B. The Contracting Organization agrees that representatives
of the City of Yakima, State and United States
Government may make periodic evaluation/inspection of
the facilities, records, and general performance of this
Contract. The Contracting Organization further agrees
that such evaluation may be made on a quarterly basis or
7
at other times deemed reasonable and proper by these
representatives.
C. The Contract Organization shall be required tc> make
reasonable changes in the services as completed or to be
completed if said services fall below the standards and
specifications set forth in the Special Terms and
Conditions, Project Description, or Statement of Work.
XIV. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential
information concerning a recipient or client for any purpose
not directly connected with the City's or thje Contractor's
responsibilities with respect to services provided under this
Contract is prohibited except on written consent of the
recipient or client, his/her attorney or his/her responsible
parent or guardian or as otherwise provided :by law.
XV. ASSIGNMENT AND/OR SUBCONTRACTING
The Contracting Organization shall not assign or subcontract
any portion of the services provided within the terms of this
Contract without obtaining prior written approval from the
City. All terms and conditions of this Contract shall apply
to any approved subcontract or assignment related to the
Contract.
XVI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contracting Organization agrees to maintain books,
records and documents and accounting procedures and
practices which accurately reflect all direct and
indirect costs related to the performance of this
Contract. Such fiscal books, records, documents,
reports and other data shall be retained in a manner
consistent with the "Budgeting, Accounting, Reporting
System for Counties and Cities, and Other Local
Governments", hereinafter referred to as "BARS", as
issued by the Office of State Auditor, State of
Washington. The Contracting Organization further agrees
that the City of Yakima OND shall have the right to
monitor and audit the fiscal components of the
organization to insure that actual expenditures remain
consistent with the terms of this Contract. The
Contracting Organization shall retain all books,records,
documents and other material relevant to the Contract
for seven (7) years after settlement of this Contract.
The Contracting Organization agrees that the City of
Yakima, the U.S.Department of Housing and Urban
Development, the Washington State Auditor, or their
designees, shall have full access to and a right to
examine any of said materials at all reasonable times
during said period.
8
B. The Contracting Organization agrees that any
contributions or payments made for services furnished
under this agreement shall be used for the sole benefit
of this program.
XVII. PROGRAM PROPERTY
Any personal property having a useful life of more than one
year and purchased wholly or in part with sub -grant funds at
a cost of three hundred dollars ($300) or more per item,
shall upon its purchase or receipt become the property of the
City of Yakima and/or federal government. Final ownership
and disposition of such property shall be determined under
the provisions of Attachment N of OMB, A-102. The Contracting
Organization shall be responsible for all such property,
including its care and maintenance, and shall comply with
the following procedural requirements:
1. Property records shall be maintained accurately and
provide for: A description of the property;
manufacturer's serial number or other identification
number; acquisition date and cost; source of the
property; percentage of block grant funds used in the
purchase of property; location, use, and condition of
the property.
2. A physical inventory of property shall be taken and the
results reconciled with the property records at least
once every two years to verify the existence, current
utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate
safeguards to prevent lose, damage, or theft to the
property. Any loss, damage, or theft of the property
shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to
keep the property in good condition.
5. If the Contracting Organization elects to capitalize and
depreciate such nonexpendable personal property in lieu
of claiming the acquisition cost as a direct item of
cost, title to such property shall remain with the
Contracting Organization. An election to capitalize and
depreciate or claim acquisition cost as a direct item of
cost shall be irrevocable.
6. Nonexpendable personal property purchased by the
Contracting Organization under the terms of this
Contract, in which title is vested in the City of Yakima
or Federal Government shall not be rented, loaned, or
otherwise passed to any person,partnership, corporation,
association or organization without the prior express
9
approval of the City of Yakima OND.
7. Any nonexpendable personal property furnished to, or
purchased by, the Contracting Organization, title to
which is vested in the City of Yakima OND or federal
government shall, unless otherwise provided herein or
approved by the Contracting Officer, be used only for
the performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the
purchase of nonexpendable personal property, title to
which shall vest in the City of Yakima OND or federal
government, the Contracting Organization agrees to
execute such security agreements and other documents as
shall be necessary for the City of Yakima OND or
federal government to perfect its interest in such
property in accordance with the "Uniform Commercial Code -
Secured Transactions" as codified in Article 9 of Title
62A, RCW.
9. The Contracting Organization shall be responsible for
any loss or damage to the property of the City of Yakima
OND or federal government (including expenses entered
thereunto) which results from negligence, willful
misconduct, or lack of good faith on the part of the
Contracting Organization to maintain and administer in
accordance with sound management practices that
property, to ensure that the property will be returned
to the City of Yakima OND or federal government in like
condition to that in which condition the property was
acquired by purchase, fair wear and tear accepted.
XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY
The Contracting Organization agrees to maintain program
records and reports including statistical information
and to make such records available for inspection by the
City or its designee in order for the City to be assured
that program services remain consistent with the terms
of this contract. The Contracting Organization further
agrees to provide written program statistical
information to the City of Yakima OND in a manner
prescribed by the Office at times as may be requested :by
the Office.
XIX. RELATIONSHIP OF THE PARTIES
A. The parties intend that an independent contractor/city
relationship will be created by this Contract. The City
of Yakima OND is interested only in the results to be
achieved, the implementation of services will lie solely
with the Contracting Organization. No agent, employee,
or representatives of the Contracting Organization shall
be deemed to be an employee, agent, servant or
10
representative of the City of Yakima for any purpose,
and the employees of the Contracting Organization are
not entitled to any of the benefits the City of Yakima
provides for City Employees. The Contracting
Organization will be solely and entirely responsible for
its acts and for the acts of its agents, employees,
servants, subcontractors, or otherwise during the
performance of this Contract.
XX. QUARTERLY REPORT
The Contracting Organization agrees to submit a written
quarterly report outlining the progress of Exhibit B, to the
City of Yakima.
XXI. INSURANCE
A. Public Liability and Property Damage. The Contractor
shall maintain during the life of this Contract public
liability and property damage insurance covering the
Contractor's services hereunder in the sum of not less
than twenty thousand dollars for injury or damage to
property and fifty thousand dollars for injury or
damage, including death, to any one person and one
hundred thousand dollars for injury or damage, including
death, to more than one person. Insurance shall cover
work done by the Contractor or subcontractors and shall
protect, as named insured, the City from suits or claims
for damages arising from operations under this Contract
or actions of the Contractor, subcontractors, and
employees either direct or indirect.
B. Workmans compensation. The Contractor agrees to pay
all premiums provided for by the Workman's Compensation
Act of the State of Washington.
XXII.INDEMNIFICATION
11 services to be rendered or performed under this Contract
ti.L11 be performed or rendered entirely at the Contracting
Organization's own risk and the Contracting Organization
expressly agrees to indemnify the City of Yakima and all of
its officers, agents, employees, or otherwise, from any and
all liability, loss or damage they may suffer as a result of
claims, demands, actions, or damages to any and all persons
or property, costs, or judgements against which result from,
arise out of, or are in any way connected with the services
to be performed by the Contracting Organization under this
Contract.
XXIII.HOLD HARMLESS
All services to be rendered or performed under this Contract
will be performed or rendered entirely at the Contracting
11
Organization's own risk and the Contracting Organization
expressly agrees to indemnify and hold harmless the City of
Yakima and all of its officers, agents, employees, or
otherwise, from any and all liability, loss or damage,
inducing reasonable cost: of defense they may suffer as a
result of claims, demands, actions, or damages to any and all
persons or property, costs or judgements against the City of
Yakima which result from, arise out of, or are in any way
connected with the services to be performed by the
Contracting Organization under this Contract.
XXIV.CONTRACT, TERMINATION AND CLOSE QUI
If the Contracting Organization fails to comply with the
terms and conditions of this Contract, the City of Yakima
OHNC may pursue such remedies as are legally available
including but not limited to, the termination of this
Contract in the manner specified herein.
A. Termination for Cause If the Contracting
Organization fails to comply with the terms and
conditions of this Contract and any of the following
conditions exist:
:L. The lack of compliance with the provisions of this
Contract are of such scope and nature that the City
of Yakima OND deems continuation of this Contract
to be substantially non -beneficial to the public
interest;
2. The Contracting Organization has failed to take
satisfactory corrective action as directed by the
City of Yakima OND or its authorized
representative within the time specified by same;
:3. The Contracting Organization has failed within the
time specified by the City of Yakima OND or its
authorized representative to satisfactorily
substantiate its compliance with the terms and
conditions of this Contract, then:
The City of Yakima OND may terminate this contract
in whole or in part, and thereupon shall notify the
Contracting Organization of the termination, the
reasons therefore and the effective date provided
such effective date shall not be prior to
notification to the Contracting Organization.
After this effective date, no charges incurred
under any terminated portions are allowable.
B. Terminations on Other Grounds This Contract may also be
terminated in whole or in part by mutual agreement of
the parties.
12
C. Termination for Withdrawal, Reduction or Limitation of
Funding In the event that funding from the Federal
government is withdrawn, reduced or limited in any way
after the effective date of this contract, and prior to
its normal completion, the City of Yakima OHNC may
summarily terminate this Contract as to the funds
reduced or limited, nonwithstanding any other
termination provision of this contract. If the level
of funding so reduced or limited is so great that the
City of Yakima OND deems that the continuation of the
program covered by this contract is no longer in the
best interest of the public, the City of Yakima OND may
summarily terminate this contract in whole
nonwithstanding any other termination provisions of this
contract. Termination under this Section shall be
effective upon receipt of written notice by the
Contracting Organization or its representative.
The City of Yakima OHNC agrees to promptly notify the
Contracting Organization of any proposed reduction in
funding by Federal or other officials. The Contracting
Organization agrees that upon receipt of such notice it
shall take appropriate and reasonable action to reduce
its spending in the affected funding area so that
expenditures do not exceed the funding level which would
result if said proposed reduction became effective.
This agreement may further be terminated by the City of
Yakima upon written demand by the City of Yakima OND
for assurances that the terms of the Project Description
are being timely complied with, if such assurances are
not made to the City's satisfaction within thirty (30)
days of the date of such written demand.
D. Close-out In the event that this Contract is terminated
in whole or in part for any reason, the following
provisions shall apply:
1. Upon written request by the Contracting
Organization, the City of Yakima shall make or
arrange for payment to the Contracting Organization
of allowable reimbursable costs not covered by
previous payments;
2. The Contracting Organization shall submit within
thirty (30) days after the date of expiration of
this Contract, all financial, performance and other
reports required by this Contract, and in addition,
will cooperate in a program audit by the City of
Yakima or its designee.
3. In the event a financial audit has not been
performed prior to close-out of this Contract, the
City of Yakima OND retains the right to withhold a
13
just and reasonable sum from the final payment to
the Contracting Organization after fully
considering the recommendation on disallowed costs
resulting from the final audit.
XXV. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this contract
upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide
employees or bona fide established commercial or selling
agency maintained by the Contractor for the purpose of
securing business. The City of Yakima OND shall have the
right, in the event of breach of this clause by the
Contractor, to annul this Contract without liability or, in
its discretion, to deduct from the Contract price or
consideration or otherwise recover the full amount of such
commission, :percentage, brokerage or contingent fee.
XXVI .CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate the right of the Contractor to proceed under
this Contract if it is found, after due notice and
hearing, by the City th.t gratuities in the form of
entertainment, gifts, or otherwise offered or given by
the Contractor, or agent or representative of the
Contractor, to any officer or employee of the City of
Yakima, with a view towards securing this Contract or
securing favorable treatment with respect to the
awarding or amending or the making of any determinations
with respect to this contract.
B. In the event this Contract is terminated as provided in
(A) above, the City of Yakima shall be entitled to
pursue the same remedies against the Contractor as it
could pursue in the event of a breach of the Contract by
the Contractor. The rights and :remedies of the City of
Yakima provided for in this clause shall not be
exclusive and are in addition to any other rights and
remedies provided by law. The existence of facts upon
which the City of Yakima makes any determination under
this clause shall be an issue and may be reviewed as
provided in the "Disputes" clause of this Agreement.
XXVII.RIGHTS IN DATA
The City of Yakima OHNC may duplicate, use and disclose in
any manner and for any purposes whatsoever, and have others
so do, all data delivered under this agreement. The
contractor hereby grants to the City of Yakima, a royalty -
free, non-exclusive, and irrevocable :License to publish,
14
translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so, all data now or hereinafter
covered by copyright: Provided, that with respect to data not
originated in the performance of this contract such license
shall be only to the extent that the Contractor has the right
to grant such license without becoming liable to pay
compensation to others because of such grant. The Contractor
shall exert all reasonable effort to advise the City of
Yakima OND, at the time of delivery of data furnished under
this agreement, of all invasions of the right of privacy
contained therein and of all portions of such data copied
from work not composed or produced in the performance of this
agreement and not .licensed under this clause. The Contractor
shall report to the City of Yakima OND, promptly and in
written detail,each notice or claim of copyright infringement
received by the Contractor with respect to all data delivered
under this agreement. The Contractor shall not affix any
restrictive markings upon any data, and if such markings are
affixed, the City of Yakima OND shall have the right at any
time to modify, remove, obliterate, or ignore such markings.
XXIX.RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award
unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and
regulations including HUD Community Development Block
Grant Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein,
including the statement of work/project description,
approved HUD grant budget, in the order in which
attached, and
4. Any other provisions whether incorporated by reference
herein or otherwise provided that nothing herein shall
be construed as giving preference to provisions of this
contract/grant award over any provisions of law.
XXX. VENUE STIPULATION
This Contract has been and shall be construed as having been
entered into and delivered within the State of Washington,
and it is mutually understood and greed by each party hereto
that this Contract shall be governed by laws of the State of
Washington, both as to interpertation and performance.
Any action at law, suite in equity, or judicial proceeding
for the enforcement of this Contract or any provisions
thereof, shall be instituted and maintained only in any of
15
the courts of competent jurisdiction at Yakima in Yakima
County, Washington.
XXXI.MODIFICATION
Either party may request changes in this Contract, however,
no change or addition to this Contract: shall be valid or
binding upon either party unless such change or addition be
in writing, and executed by both parties, except budget
adjustments as specified in Section IV of this Contract.
XXXII.SEVERABILITY
It is understood and agreed by the parties hereto that if any
part, term, or provision of this Contract is held by the
courts to be illegal, the validity of the remaining
provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as
if the Contract did not contain the particular provision held
to be invalid. If it should appear that any provision hereof
is in conflict with any statutory provision of the United
States or the State of Washington, said provision which may
conflict, therewith, and shall be deemed modified to conform
to such statutory provision.
XXXIII.PROGRAM INCOME
Any program income shall be accounted for by the Contractor,
over the contract time period, shall be reported to the City.
Income is to be used to continue or benefit the program, as
determined by the intent and purpose of the project.
XXXIV.CONFL:ICT OF INTEREST
No member, officer, or employee of the City of Yakima, or the
Contracting Organization, or assignees or agents, no member
of the governing body of the City of Yakima, and no other
public official of the City of Yakima or such other
localities who exercises any functions or responsibilities
with respect to the program during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with a City of Yakima
Block Grant funded program.
XXXV.REFUND OF CONTRACT PROCEEDS
The Contracting Organization shall return to the City all
monies provided hereunder by the City to the Contracting
Organization if either of the following occur:
1. The Contracting Organization materially changes the
primary purpose and scope of the Neighborhood Improvement
16
Project as described on Exhibit "B" to the contract; or
2. Within ten. (10) years from the date of execution of the
Contract, the real property that is the subject of the
Neighborhood Improvement Project described on Exhibit "B" to
the Contract is sold or transferred in any way by the
Contracting Organization.
17
EXHIBIT "B"
Denman Memorial Youth Park
PROJECT TITLE
SCOPE OF WORK
Greater Faith Baptist Church
CONTRACTING ORGANIZATION:
1. DESCRIPTION OF PROJECT:
(Detailed description statement of the project/program,
purpose of project/program, needs to be addressed and
problems to be solved).
The Joe T. Denman Memorial Youth Park will be a visible
enhancement to this neighborhood, a positive addition to the
community and a development model for underserved
communities. It will also be a place where parents and young
children can play together.
2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM:
(How, :by whom, when, indicators of progress/accomplishments).
3rd Quarter - July, August & September 1997
Clear and grade property. Install fencing and gates.
Install sign.
4th Quarter - October, November & December 1997
None
1st Quarter - January, February & March 1998
None
2nd Quarter - April, May & June 1998
Landscape property, including site screening as per original
drawing and skill tracks. Install permanent signage.
18
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of May 6. 1997
ITEM TITLE: Contracts for 1997 Neighborhood Improvement Program
SUBMITTED BY: Glenn J. Valenzuela, Director of Community and Economic Develop
CONTACT PERSON/TELEPHONE: Marvin Miller, Acting Block Grant Manager 575-
/
SUMMARY EXPLANATION:
The City Council at its regular scheduled meeting of April 15, 1997, approved four Neighborhood
Improvement Program projects. The attached resolution authorizes the City Manager and
City Clerk to execute contracts with the four organizations to complete the projects as approved by
City Council. Council will note in accordance with their direction, language has been added to
Article 20 and Article 35 as follows:
XX. QUARTERLY REPORT:
The contracting organization agrees to submit a written quarterly report outlining the
progress of exhibit b, to the City of Yakima.
XXV. REFUND OF CONTRACT PROCEEDS
The Contracting Organization shall return to the City all monies provided hereunder
by the City to the Contracting Organization if either of the following occur:
1. The Contracting Organization materially changes the primary purpose and scope
of the Neighborhood Improvement Project as described on Exhibit "B" to the
contract; or
2. Within ten (10) years from the date of execution of the Contract, the real property
that is the subject of the Neighborhood Improvement Project described on Exhibit
"B" to the Contract is sold or transferred in any way by the Contracting Organization.
Resolution X Ordinance Contract Other (Specify)
Funding Source Community Development Block Grant funds
APPROVAL FOR SUBMITTAL: ``��
ity Manager
STAFF RECOMMENDATION:
BOARD RECOMMENDATION:
COUNCIL ACTION:
Approve Resolution