HomeMy WebLinkAboutR-2003-123 2003 Community Service Project w/ Federal Community Development Block Grant funds (Campfire, Yakima School District [DavRESOLUTION NO. R-2003- 123
A RESOLUTION authorizing and approving a total of $75,000 in grant requests to be funded
from Federal Community Development Block Grant (CDBG) funds for
community service projects in Yakima, Washington, and authorizing and
directing the City Manager to execute all necessary contracts, between the City
of Yakima and each of the approved community service agencies/entities.
WHEREAS, the City of Yakima is a recipient of 2002 Federal Community Service Block
Grant (CDBG) funds, which may be used, among other things, for qualifying community service
projects; and
WHEREAS, various non-profit agencies and entities have requested project funding from
CDBG program; and
WHEREAS, after review and evaluation of these project funding requests, the Neighborhood
Development Council Sub -Committee recommends that the City Council approve and authorize
$75,000 in CDBG funds for the following:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. Grants totaling $75,000 in CDBG funds are hereby authorized and approved for the
following Community Service Projects:
• $ 4,600 to Campfire USA for Barge for Lincoln Mega Club project
• $16,934 to Yakima School District for Davis Library after Hours project
> $23,466 to La Casa Hogar for Leadership Capacity Building project
$30,000 to Yakima Police Athletic Department for Youth Athletic and Non-
athletic programs project
2. The City Manager and the City Clerk are hereby authorized to execute all necessary
contracts approved as to form by the City Attorney between the City of Yakima and the
above listed applicants, for total allocation of $75,000.
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ADOPTED BY THE CITY COUNCIL this 16 day of September , 2003.
ATTEST:
City Clerk
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Mayor
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: Camp Fire USA Roqanunda Council (hereinafter
"Contractor")
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2. Address: 1001 South 3`d Street, Yakima, WA 98901
3. Phone: (509) 453-9151
4. Contact Person: Amy C. Neal, Executive Director
5. Title of Service or Program being Funded: Barqe-Lincoln Camp Fire Club
6. Amount of Contract Award: $4,600 (CDBG)
7. The term o tis Contract shall commence upon execution hereof and shall terminate at
midnight `, iiI ss sooner terminated by either party in accordance with Section XXII of
incorporated Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto shall be subject to and
governed by the following:
1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this
reference; and
2) Operating budget including sources and uses statement, work plan and all attached
hereto as Exhibit "B" and incorporated herein by this reference.
3) City of Yakima Resolution No.2003-123 , a copy of which is attached hereto as
Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of project described in
Exhibit B, Contractor/Subcontractor lien releases, and satisfaction of all contract terms and
conditions as stated in Exhibit "A" and Exhibit "C".
This written document and incorporated exhibits constitutes the entire Contract between the parties.
IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated
below.
Contractor
Title:
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City Clerk:
City Contract No.: aaa3 -79
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EXHIBIT "A"
TERMS AND CONDITIONS
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 Contractor to undertake,
and the Contractor 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 (ONDS) shall furnish the
Contractor with written notice to proceed upon release of funds from HUD related to
the project pursuant to 24 § CFR Part 58.
B. AMOUNT OF GRANT
The City hereby sub -grants to the Contractor $ 4,600 for said project.
III GENERAL BUDGET PROVISIONS
The Contractor 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 Contractor or obligation of
the Contractor 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 summaries, 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
OMB Circular A — 87 "eligible costs" and come within the Project Budget.
3. The contractor agrees to comply with 24 § CFR 610, Uniform Administrator
Requirements and Cost Principles. Contractors are to comply with policies,
guidelines, and requirements of 24 § CFR part 85 and OMB Circular A-87, A-
110, A-122, A-133 (implemented at 24 § CFR part 45), and A-128
(implemented at 24 § CFR Part 44), as applicable. The applicable section of
24 CFR Parts 84 and 85 are set forth at 24 § CFR 570.502.
B. No payment shall be made for any service rendered by the Contractor 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. 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
Contractor prior to the Contractor incurring any expenditures against the
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revised budget sub -object categories.
2. When the revision of the Contractor budget does not exceed ten percent (10%)
of an approved budget sub -object category, the Contractor must submit a
revised budget to the City of Yakima ONDS prior to the submittal of claims
against the budget.
IV COMMENCEMENT OF WORK
The City of Yakima ONDS shall furnish the Contractor 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 ONDS.
V BILLING PROCEDURES
A. The Contractor shall submit monthly written claims for reimbursement of services
performed under this contract in the manner prescribed in paragraph III above, and as
prescribed by the City of Yakima ONDS.
VI 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.
VII BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus at the
end of the project within the budget of this Contract will be subject to cancellation by the City of
Yakima ONDS and may be negotiated if they are to be included in future Contracts. Assets
purchased with CDBG funds shall continue to be used in accordance with its original purpose
as provided in 24 CFR § 570.503 (b)(8).
VIII COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, 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 CDBG Regulations including the uniform administrative
requirements listed in 24 CFR § 570.502, and in 24 § CFR 570, subpart K., and other
policies and guidelines established by the City of Yakima ONDS.
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 (570.608) Prevention Act, 42 USC Section
4831 et seq., and HUD regulations implementing the Act, 24 § CFR Part 35,
where, residential structures are involved.
The Contractor shall provide whatever assistance is necessary to enable the
City of Yakima's Building Official to carry out its inspection and certification
responsibility under the regulations including but
not limited to 24 CFR § 570.608.
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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 Section 1857 et seq; Water Pollution
Control Act, as amended, 33 USC Section 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 Sections 327-333,
(Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW
Chapter 3 —12 (Prevailing Wage Rates).
9. 24 CFR part 84, 85 and OMB Circular A-87, A-110, A-122, A-128, and A-133
as specified in 24 CFR § 570.502
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 (Pi. 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, and Contractor 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 Contractor, the County, and the United States are
beneficiaries of and entitled to enforce such covenant. The Contractor, 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. Age Discrimination Act of 1975 (24 CFR § 146).
13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1).
14. Housing Quality Standards (24 CFR § 882.109).
15. WBE/MBE (24 CFR § 85.36 (e)
16. ENVIRONMENTAL REVIEW
A. NEPA
As specified in 24 CFR 570.503(b)(5)(i) and (ii), the City of Yakima
ONDS retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under
which the City of Yakima ONDS may require the Contractor to furnish
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data, information and assistance for the City's review and assessment
in determining whether the City must prepare an Environmental Impact
Statement.
B. SEPA
The Contractor retains responsibility for fulfilling the requirements of
the State Environmental Policy Act and regulations and ordinance
adopted thereunder.
C. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the Contractor
under this Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State Environmental
Policy Acts.
IX NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor 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. 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 Contractor 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.
X NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR § 92.352), and 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;
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 Contractor 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 Contractor shall take
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such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
XI LICENSING AND PROGRAM STANDARDS
The Contractor 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.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as to
ensure compliance by Contractor with this Contractor agreement, with the CDBG
Compliance Documents, and with all other laws, regulations, and ordinances related to
the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary for
its effective fulfillment of its monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the United
States, or any of their authorized representatives, and shall permit City, HUD, the
Comptroller General of the United States, or any of their authorized representatives to
audit, examine, and make excerpts and/or copies of same. Contractor records shall
include, but shall not be limited to, the following: payroll, personnel and employment
records; procurement bidding documents; contracts; sales closing statements; and
invoices.
C. The Contractor 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.
XIII 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.
XIV ASSIGNMENT AND/OR SUBCONTRACTING
The Contractor 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.
XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. In order to comply with 24 CFR 570.503(b)(2), the Contractor agrees to provide project
line item draw requests, annual verification of rents, annual audited financial statement
to compare income and expenses, records, documents and accounting procedures
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 Contractor further
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agrees that the City of Yakima ONDS 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 Contractor shall retain all books,
records, documents and other material relevant to the Contract for seven (7) years
after settlement of this Contract. The Contractor 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.
B. The Contractor agrees that any contributions or payments made for services furnished
under this Contract shall be used for the sole benefit of this program.
XVI 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.
The Contractor 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 CDBG 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 Contractor 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 Contractor. 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 Contractor 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 approval of the City of Yakima
ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the Contractor,
title to which is vested in the City of Yakima ONDS 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 ONDS or federal
government, the Contractor agrees to execute such security agreements and other
documents as shall be necessary for the City of Yakima ONDS 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 RCW Chapter 62A.
9. The Contractor shall be responsible for any loss or damage to the property of the City
of Yakima ONDS or federal government (including expenses entered thereunto) which
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results from negligence, willful misconduct, or lack of good faith on the part of the
Contractor 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 ONDS or federal government in like condition to that in which condition the
property was acquired by purchase, fair wear and tear accepted.
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city relationship will be created by this
Contract. The City of Yakima ONDS is interested only in the results to be achieved, the
implementation of services will lie solely with the Contractor. No agent, employee, or
representatives of the Contractor shall be deemed to be an employee, agent, servant or
representative of the City of Yakima for any purpose, and the employees of the Contractor are
not entitled to any of the benefits the City of Yakima provides for City Employees. The
Contractor 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.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social security
tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Contract. In the event the City is assessed a tax or assessment as a result of this Contract,
Contractor shall pay the same before it becomes due.
XIX QUARTERLY REPORT
The Contractor agrees to submit a written quarterly report outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima.
XX INSURANCE
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the Contractor
and/or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the Contractor shall provide the City
with a certificate of insurance as proof of liability insurance in the amount of One Million
Dollars ($1,000,000.00) that clearly states who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder" shall be deleted).
Said policy shall be in effect for the duration of this Contract. The policy shall name
the City, its elected officials, officers, agents and employees as additional insureds,
and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written notice (any language
in the clause to the effect of "but failure to mail such notice shall impose no obligation
or liability of any kind upon the company" shall be crossed out and initiated by the
insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor shall
provide the City with a certificate of insurance as proof of commercial automobile
liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number, and when the
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policy and provisions provided are in effect (any statement in the certificate to the
effect of "this certificate is issued as a matter of information only and confers no right
upon the certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Contract. The policy shall name the City, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice (any language in the clause to the effect of "but
failure to mail such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The insurance
shall be with an insurance company or companies rated A -VII or higher in Best's Guide
and admitted in the State of Washington.
D. WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by the Workman's
Compensation Act of the State of Washington. Evidence of the contractors workers'
compensation coverage will be furnished to the City. The contractor holds the City
harmless for any injury or death to the contractor's employees while performing this
Contract.
E. INSURANCE PROVIDED BY SUBCONTRACTORS
The Contractor shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance
requirements.
XXI INDEMNIFICATION AND HOLD HARMLESS
All services to rendered or performed under this Contract will be performed or rendered entirely
to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold
harmless the City of Yakima and all of its officers, agents, employees and elected officials from
any and all liability, loss, fines, penalties 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 judgments against the City of Yakima which result from, arise out of, or are in
any way connected with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XXII CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City of
Yakima ONDS may pursue such remedies as are legally available including but not limited to,
the termination of this Contract in the manner specified herein. In accordance with 24 CFR §
85.43 and 44.
A. TERMINATION FOR CAUSE
If the Contractor 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 ONDS deems continuation of this Contract
to be substantially non -beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as directed by
the City of Yakima ONDS or its authorized representative within the time
specified by same;
3. The Contractor has failed within the time specified by the City of Yakima
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ONDS or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore and the
effective date provided such effective date shall not be prior to notification to the
Contractor. 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.
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 ONDS 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 ONDS
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 ONDS 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
Contractor or its representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed
reduction in funding by Federal or other officials. The Contractor 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 Contract may further be terminated by the City of Yakima upon written demand by
the City of Yakima ONDS 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 Contractor, the City of Yakima shall make or
arrange for payment to the Contractor of allowable reimbursable costs not
covered by previous payments.
2. The Contractor 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 ONDS retains the right to withhold a just and
reasonable sum from the final payment to the Contractor after fully considering
the recommendation on disallowed costs resulting from the final audit.
XXIII COVENANT AGAINST CONTINGENT FEES
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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 ONDS 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.
XXIV CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. In accordance with 24 CFR § 570.611, no member, officer, or employee of the City of
Yakima, or the contractor, 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 exercise 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 CDBG funded program
B. Terminate 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.
C. 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.
XXV RIGHTS IN DATA
The City of Yakima ONDS 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, 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 ONDS, 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 ONDS, 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 ONDS shall have the right at any time to modify, remove, obliterate,
or ignore such markings.
XXVI 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:
Page 11 of 14 09-25-03
1. Appropriate provisions of state and federal statutes and regulations including HUD
CDBG 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,
(Exhibit B),
4. City of Yakima Resolution No. 2003-123 (Exhibit C), and
5. 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.
XXVII GOVERNING LAW
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 agreed by each party hereto
that this Contract shall be governed by laws of the State of Washington, both as to
interpretation and performance.
XXVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of
Washington for Yakima County, Washington.
XXIX 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.
XXX 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.
XXXI PROGRAM INCOME
Program income, if any, shall be retained by the contractor. 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. Program income is to be used as specified in 24 § CFR 570.503(b)(3)
and 24 § CFR 570.504(c).
Page 12 of 14 09-25-03
Office of Neighborhood Development Services
2003 Community Services Request for Proposals
Application Form
Camp Fire USA Roganunda Council
Submitted by: Amy C. Neal, Executive Director
A.) PROPOSAL SUMMARY/PROJECT ABSTRACT
RECEIVED
AL 0 9 2003
OFF CE OF NEIGHe0RH00D
/DEVELOPMENT SERVICES
Barge -Lincoln Camp Fire Club
Camp Fire USA Roganunda Council is a chartered council of a national
organization. Our mission is to build caring, confident youth and future leaders.
The council serves boys and girls throughout Yakima and Kittitas Counties. We
serve over 1000 youth each year through our summer residential camp, baby-
sitting classes, Traditional Club program and Mega Club.
Mega Club is Camp Fire's after school program. We collaborate with agencies
that have youth they want to serve and are seeking a quality hands-on program.
Our mission is to enhance after school learning through informal mentoring,
engaging activities and caring adults. The sites are chosen based on areas
where youth are interested in participating, but whose parents either do not
readily step forward or are unable to volunteer. We also target neighborhoods
where poverty is prevalent and allows us to offer resources and opportunities.
Currently Mega Club is a much simpler version of our Traditional Club program.
Traditional Club provides field trips, education based curriculum, consistent youth
members and is led by adult volunteers. Mega Club takes the same concept of
Traditional club — youth engaged in fun activities with caring adults — and makes,
it fit within an after school setting. We instead have paid leadership, simpler
activities and larger group sizes.
The ONDS funding request of $4600 is to create a Mega Club at Barge -Lincoln
Elementary School that is more in line with Traditional Club. Instead of a drop-in
program consisting of one activity, Barge -Lincoln Camp Fire Club will give up to
20 youth all of the benefits of Traditional Club but with paid adult leadership.
The one year funding that we seek will allow us to pilot a new way of doing Mega
Club, while meeting needs of the school. Barge -Lincoln has sought out this type
of program but was not able to rally parent volunteers to lead the program. Our
model gives parents the opportunity to participate, but does not mandate it.
Currently United Way funding supports Mega Club in the drop-in format. After
one year of piloting the Barge -Lincoln Camp Fire Club model, we will apply for
United Way funding that will include two types of programs. Therefore, when
approaching a school or community site we can offer either the drop-in program
or the Barge -Lincoln Camp Fire Club model.
B.)ASSESSMENT OF NEED/PROBLEM STATEMENT
Barge Lincoln Youth
We have provided Mega Club at Barge -Lincoln Elementary School since 1998
and have had consistent participation between 25 — 40 youth. Since 2000 we
have evaluated the youth regarding outcome -based measurements. Our
evaluations have shown the needs of youth and how our program has addressed
them. We have learned that there is a need for programs like Camp Fire and
have therefore continued to serve through the traditional Mega Club format.
But recently, we learned that the school is seeking an enhanced program. There
is a need for youth to be engaged in after school programming within an
established group, with high quality programming and caring adults. The school
was struggling with acquiring volunteer parent leadership to facilitate this
program. The Barge -Lincoln Camp Fire Club will provide the program they seek,
but with paid leadership.
The school's desire for a more formal activity was a welcome message to Camp
Fire. Through our surveys of the Barge -Lincoln youth we learned that there were
areas of need that our current Mega Club program was not reaching. We
compared the surveys of Barge -Lincoln Mega Club participants with those in our
Traditional Club program. A sampling of the surveys follows:
Question asked of
youth:
Barge -Lincoln
Mega Club
Traditional
Club
Findings
I get to choose what I
do at Barge -Lincoln
Mega Club/Traditional
Club
50%
91%
We have learned that youth
benefit from choosing their
activities as it gives them a ;
sense of belonging and
responsibility.
I help people in my
neighborhood
71 %
86%
Traditional Club has a
component that teaches and
encourages community service.
Current Mega Club does not.
I tell an adult if my
friends are doing
something wrong
83%
92%
Curriculum teaches and
reinforces sound moral
decisions when it comes to
negative social behavior.
Percentages indicated a "yes" answer
The above showed us that by enhancing the current Mega Club to look more like
Traditional Club, youth would benefit. They would be exposed to opportunities
when they would choose their activities on a regular basis, participate in
community service and learn appropriate skills for dealing with conflict.
County Needs & Developmental Assets
Yakima County has areas of need that include a 17.9% teenage pregnancy rate
(compared to 10% for Washington state) and an 8.4 % high school drop out rate.
These figures indicate that youth may be lacking in achievement motivation, one
of the components of the Developmental Assets. The clarity of the research and
the philosophical similarity of the Search Institute's work to Camp Fire USA's
core values have led us to embrace the work of the Search Institute in
constructing our evaluation materials and our curriculum. The approach of
building assets is not a substitute for direct prevention programs that target areas
of need. Instead it is a different response to how to diminish community
problems. This approach focuses on strengths instead of weaknesses. Camp
Fire creates activities and opportunities for youth to gain more and varied
strengths.
Data via United Way Compass 2001 report and Developmental Assets by Peter C. Scales and
Nancy Leffert
Outcomes
A logic model is in place that outlines the short term, intermediate and long term
affects of Barge -Lincoln Camp Fire Club. Indicators point to concepts that will
show the impact made on youth. These surveys will be done once the group is
established, and then throughout the program. Results will allow changes to be
made in the curriculum so as to best meet the needs of students.
C.) PROGRAM GOALS AND OBJECTIVES
Goals
Our goals for the program are twofold. We will address the areas of need
seen in our survey process, as well as the needs shared by Barge -Lincoln.
Because Assets help youth grow and achieve, we will strive to increase
Assets in participating youth. We will also learn from the school which areas
the individual students and/or the school has for areas of concern. We will
then choose curriculum to address these needs.
The Camp Fire curriculum is designed to be fun and engaging, as well as
designed to adapt to an after school setting. Activities stimulate youth
through team building and problem solving. Educational standards are the
outlined skills that children normally have at different ages. While there is no
single national standard for these abilities, Camp Fire USA has adopted the
standards as outlined by McREL, which give benchmarks for children in
grades K-12 and outline educational milestones.
Objectives
The outcomes of the Barge -Lincoln Camp Fire Club include:
1) Objective: Develop a new way of providing Mega Club through paid
leadership and a structured Camp Fire program.
a. Outcome: 80% of youth will increase the level of assets and/or
educational skills.
2) Objective: Evaluate effectiveness of Barge -Lincoln Camp Fire Club
compared to traditional Mega Club format.
a. Outcome: Within one year compare surveys and information
between Barge -Lincoln Camp Fire Club and traditional Mega Club
to determine future format for Mega Club.
D.) METHODOLOGY
Selection of Youth: Barge -Lincoln will determine which youth are to be involved
in the Barge -Lincoln Camp Fire Club.
Assessment: We will learn what the educational and Asset needs are of the
youth to be involved in the Barge -Lincoln Camp Fire Club. This will help us tailor
activities based on their areas of need.
Activity Choice: Paid Leaders will design and carry out the weekly activities. The
Leaders are Camp Fire staff members with youth development experience and
Camp Fire training.
The following is an example of a format that will be typically followed during
weekly Barge -Lincoln Camp Fire Club meetings.
Early Bird Activity: Puzzles or games to engage early arrivers.
Opening: The group is pulled together with a flag ceremony, reciting the
"Pledge of Allegiance" or singing a song.
Business: Youth play a role as they take attendance and other planning.
Snack: Have a Tight afternoon snack with friends.
* Activities: The main focus of the meeting occurs. See below.
Clean Up: Children are involved in cleaning up after each activity.
Playback: Review the activities of the day. Reinforce what was learned and
how it applies to home, school or neighborhood.
Look Ahead: Make decisions with the children about the next meeting. This
might include choosing a typical snack, activity or game.
Closing: Plan a fun, quiet meaningful closing. It helps create a bond in the
group if you repeat the closing at each meeting.
Family Take Home Page: Activities include a handout the children take home.
They can then choose to continue the concept learned with family members.
* Activities: Activities will be chosen by the paid leaders with youth input. For
example, if it is determined that Language Arts skills is one of the areas of focus,
then youth may have helped select an activity that reinforces the skills learned in
Language Arts.
E.) EVALUATION
Surveys of the youth will be conducted that match a logic model for the Barge -
Lincoln Camp Fire Club. Surveys will measure short-term, intermediate and
long-term effects of the program. A survey will be conducted once the group has
been established, then later into the program year. Camp Fire's Outcome
Measurement Toolkit was designed to evaluate items specific to the outcomes.
We have utilized this survey since 2000, so it is ready to implement. An updated
survey that matches the new curriculum was introduced to Camp Fire councils in
the fall of 2002. Because our Traditional Club programs also use the new
curriculum, we have already piloted the updated survey. It is ready to implement
as soon as the Barge -Lincoln Camp Fire Club begins.
The survey format allows for ages 5 through high school to be surveyed. It can
be done verbally or written. There is also an observation component that gathers
data about group dynamics. Parent surveys will also be conducted, so we can
gather feedback on how the program is influencing youth from their parents'
perspective.
F.) COMMUNITY INVOLVEMENT
Citizen involvement in program development
Camp Fire USA is a grass roots program that began in 1913. As a volunteer
driven agency it would not exist without the time and energy of caring
community leaders. Over the years the Traditional Club program has stayed
strong, but also adapted. Mega Club is one of those adaptations. It was
realized that while youth continue to want to participate in Traditional Club,
parents might not be in a position to volunteer their time. These are frequently
the youth that Camp Fire can help the most.
The new curriculum that will be utilized in the Barge -Lincoln Camp Fire Club
was designed by after-school program leaders and staff with educational
experience. The curriculum was created by combining the needs of the youth
with the educational interests of the school.
Citizen involvement in program implementation
Traditional Club is implemented due to volunteers. We are utilizing their
opinions and expertise as we create Barge -Lincoln Camp Fire Club. Their
opinions will help shape how we do it. Paid staff will attend Volunteer Leader
meetings so as to brainstorm with them on how they do it with their clubs so we
can better learn how to improve Barge -Lincoln Camp Fire Club.
Citizen involvement in program evaluation
Because we are melting Traditional Club with Mega Club we will have some of
those club leaders evaluate our program and offer advice. The people
evaluating will be Camp Fire adult volunteers who currently lead Traditional
Clubs. They will review the activities used as well as the method of the
delivery.
Collaboration with other community organizations
Mega Club is funded by United Way of Yakima County. Because the Barge -
Lincoln Camp Fire Club is different than the traditional Mega Club format,
funding from United Way will not be used at Barge -Lincoln. But, United Way is
supportive of our efforts to enhance the program and meet the needs of youth.
They feel that after this year of ONDS funding we can then apply for United
Way funds differently. The United Way proposal will explain that Mega Club is
offered to schools and community centers in two ways: Drop-in Model or Club
Model.
Mega Club has thrived because of collaborating with community organizations.
Without these connections it would not exist. Collaborations include EPIC, La
Casa Hogar and other Yakima Schools. The work we will do with Barge -
Lincoln Camp Fire Club will help all other Mega Club sites and the collaborating
agencies. We will learn how to implement the new curriculum, a more
structured format and educational standards to the after school program.
G.) BUDGET
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
RFP FOR COMMUNITY SERVICES
BUDGET SHEET FOR 2003
ORGANIZATION: CAMP FIRE USA ROGANUNDA COUNCIL
PROJECT: BARGE -LINCOLN CAMP FIRE CLUB
Expense
Categories
CDBG Funds State, Federal or Applicant Share Total
Private Funds (Cash/ln-Kind
Personnel
2450
1000
3450
Fringe Benefits
Travel
250
250
Equipment
Supplies
1900
1900
Contractual
Other
(Specify)
1. Building
space at Barge -
Lincoln
* In -Kind
Total
$4600
$1000
$5600
Budget Narrative/Summary
Personnel: The above budget is based on 52 weeks of program. Staffing
includes two staff members both on-site with youth 2 hours a week. One of
those staff members is a coordinator who also provides 2 hours per week of
preparation. In-kind staffing includes time by the Camp Fire Executive Director
and the Administrative Assistant to assist with the program.
Travel: Mileage to and from the Camp Fire office to Barge -Lincoln School as well
as field trips with the youth participants. This includes field trips to Camp
Roganunda for outdoor education as well.
Supplies: The figure combines two categories:
• Activity Supplies: $500 total for supplies in order to carry out the activities
each week.
• Curriculum: $100 includes the purchase of curriculum for each level in
elementary school. This is a one-time purchase.
• Recognition and Record Books: $1300 total ($65 per youth for 20 youth).
Each youth will receive a Camp Fire vest and appropriate emblems when
activities are completed. Also, each youth will receive a record book that
will log their achievements.
In -Kind Building Space. Barge -Lincoln will provide the weekly meeting space
where the activities will be held.
H.) LEVERAGING AND PARTNERSHIPS
After this year of funding we will not need special funding to run Mega Club
using this different format. We will continue to seek United Way funding for
the entire Mega Club format. The application will describe a Mega Club
Program that includes a Drop-in option as well as the Club option. Schools
and community centers will have the option of choosing the format that best
meets the needs of youth. We will already have the curriculum books
purchased in order to carry out the substance of the activities. And other
activity supplies, personnel and mileage will come under the United Way
funding.
At the end of the year we will evaluate the impact of recognition items. If they
prove to be effective, then either additional funding will be requested from
United Way or outside sponsors will be sought. Currently in the Traditional
Club program we have had success in achieving corporate sponsors of clubs
to cover these items.
1) REQUIRED ADMINISTRATIVE INFORMATION
The following is attached:
• Resolution by governing body authorizing application.
• IRS Determination Letter
• Evidence of incorporation in the State of Washington
City of Yakima
Office of Neighborhood Development Services
Community Service Program Proposal
Agency: Camp Fire USA Roganunda Council
Program Proposal: Barge -Lincoln Camp Fire Club.
Concept: Executive Director, Amy C Neal will submit a proposal to the City of Yakima
Office of Neighborhood Development Services. The funding proposal will provide funds
to increase Mega Club's quality through enhanced curriculum. Funds utilised will be one
time so as to train the staff, purchase curriculum and materials.
I hereby certify that the above memorandum was read, considered, and approved by a
quorum of the board of directors of the Member Agency at a meeting held on June 26,
'2003.
r
Board President — Mavis Velkanje Board Secretary - Steve PiccCett
EXHIBIT "C"
(RESOLUTION)
RESOLUTION NO. R-2003- 123
A RESOLUTION authorizing and approving a total of $75,000 in grant requests to be funded
from Federal Community Development Block Grant (CDBG) funds for
community service projects in Yakima, Washington, and authorizing and
directing the City Manager to execute all necessary contracts, between the City
of Yakima and each of the approved community service agencies/entities.
WHEREAS, the City of Yakima is a recipient of 2002 Federal Community Service Block
Grant (CDBG) funds, which may be used, among other things, for qualifying community service
projects; and
WHEREAS, various non-profit agencies and entities have requested project funding from
CDBG program; and
WHEREAS, after review and evaluation of these project funding requests, the Neighborhood
Development Council Sub -Committee recommends that the City Council approve and authorize
$75,000 in CDBG funds for the following:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. Grants totaling $75,000 in CDBG funds are hereby authorized and approved for the
following Community Service Projects:
2
�i $ 4,600 to Campfire USA for Barge for Lincoln Mega Club project
$16,934 to Yakima School District for Davis Library after Hours project
• $23,466 to La Casa Hogar for Leadership Capacity Building project
d $30,000 to Yakima Police Athletic Department for Youth Athletic and Non-
athletic programs project
The City Manager and the City Clerk are hereby authorized to execute all necessary
contracts approved as to form by the City Attorney between the City of Yakima and the
above listed applicants, for total allocation of $75,000.
ADOPTED BY THE CITY COUNCIL this / /i2 day of T� �'��'I L , 2003.
Mayor
ATTEST:
Ad KAMA S. OKRT i, CMC
City Clerk
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: Yakima School District (hereinafter "Contractor")
2. Address: 104 North 4th Avenue, Yakima, WA 98902
3. Phone: (509) 573-2507
4. Contact Person: Lynne Greene, Director
5. Title of Service or Program being Funded: Davis High School Media Center
Community Service
6. Amount of Contract Award: $16,934 (CDBG)
7. The term of his Contract shall commence upon execution hereof and shall terminate at
midnight V unless sooner terminated by either party in accordance with Section
XXII of incorporate Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto shall be subject to and
governed by the following:
1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this
reference; and
2) Operating budget including sources and uses statement, work plan and all attached
hereto as Exhibit "B" and incorporated herein by this reference.
3) City of Yakima Resolution No.2003-123 , a copy of which is attached hereto as
Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of project described in
Exhibit B, Contractor/Subcontractor lien releases, and satisfaction of all contract terms and
conditions as stated in Exhibit "A" and Exhibit "C".
This written document and incorporated exhibits constitutes the entire Contract between the parties.
IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated
below.
Title: Superintendent
ATT ST:
City Clerk:
City Contract No.: 0,0 3 --90
/el -t io 3
Date
10/6/2003
Date
EXHIBIT "A"
TERMS AND CONDITIONS
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 Contractor to undertake,
and the Contractor 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 (ONDS) shall furnish the
Contractor with written notice to proceed upon release of funds from HUD related to
the project pursuant to 24 § CFR Part 58.
B. AMOUNT OF GRANT
The City hereby sub -grants to the Contractor $16,934 for said project.
III GENERAL BUDGET PROVISIONS
The Contractor 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 Contractor or obligation of
the Contractor 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 summaries, 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
OMB Circular A — 87 "eligible costs" and come within the Project Budget.
3. The contractor agrees to comply with 24 § CFR 610, Uniform Administrator
Requirements and Cost Principles. Contractors are to comply with policies,
guidelines, and requirements of 24 § CFR part 85 and OMB Circular A-87, A-
110, A-122, A-133 (implemented at 24 § CFR part 45), and A-128
(implemented at 24 § CFR Part 44), as applicable. The applicable section of
24 CFR Parts 84 and 85 are set forth at 24 § CFR 570.502.
B. No payment shall be made for any service rendered by the Contractor 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. 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
Page 2 of 14 09-25-03
Contractor prior to the Contractor incurring any expenditures against the
revised budget sub -object categories.
2. When the revision of the Contractor budget does not exceed ten percent (10%)
of an approved budget sub -object category, the Contractor must submit a
revised budget to the City of Yakima ONDS prior to the submittal of claims
against the budget.
IV COMMENCEMENT OF WORK
The City of Yakima ONDS shall furnish the Contractor 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 ONDS.
V BILLING PROCEDURES
A. The Contractor shall submit monthly written claims for reimbursement of services
performed under this contract in the manner prescribed in paragraph III above, and as
prescribed by the City of Yakima ONDS.
VI 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.
VII BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus at the
end of the project within the budget of this Contract will be subject to cancellation by the City of
Yakima ONDS and may be negotiated if they are to be included in future Contracts. Assets
purchased with CDBG funds shall continue to be used in accordance with its original purpose
as provided in 24 CFR § 570.503 (b)(8).
VIII COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, 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 CDBG Regulations including the uniform administrative
requirements listed in 24 CFR § 570.502, and in 24 § CFR 570, subpart K., and other
policies and guidelines established by the City of Yakima ONDS.
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 (570.608) Prevention Act, 42 USC Section
4831 et seq., and HUD regulations implementing the Act, 24 § CFR Part 35,
where, residential structures are involved.
The Contractor shall provide whatever assistance is necessary to enable the
City of Yakima's Building Official to carry out its inspection and certification
responsibility under the regulations including but
Page 3 of 14 09-25-03
not limited to 24 CFR § 570.608.
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 Section 1857 et seq; Water Pollution
Control Act, as amended, 33 USC Section 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 Sections 327-333,
(Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW
Chapter 3 — 12 (Prevailing Wage Rates).
9. 24 CFR part 84, 85 and OMB Circular A-87, A-110, A-122, A-128, and A-133
as specified in 24 CFR § 570.502
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, and Contractor 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 Contractor, the County, and the United States are
beneficiaries of and entitled to enforce such covenant. The Contractor, 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. Age Discrimination Act of 1975 (24 CFR § 146).
13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1).
14. Housing Quality Standards (24 CFR § 882.109).
15. WBE/MBE (24 CFR § 85.36 (e)
16. ENVIRONMENTAL REVIEW
A. NEPA
As specified in 24 CFR 570.503(b)(5)(i) and (ii), the City of Yakima
ONDS retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under
Page 4 of 14 09-25-03
which the City of Yakima ONDS may require the Contractor to furnish
data, information and assistance for the City's review and assessment
in determining whether the City must prepare an Environmental Impact
Statement.
B. SEPA
The Contractor retains responsibility for fulfilling the requirements of
the State Environmental Policy Act and regulations and ordinance
adopted thereunder.
C. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the Contractor
under this Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State Environmental
Policy Acts.
IX NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor 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. 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 Contractor 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.
X NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR § 92.352), and 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;
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 Contractor 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
Page 5 of 14 09-25-03
services binding upon each Contractor or Subcontractor. The Contractor shall take
such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
XI LICENSING AND PROGRAM STANDARDS
The Contractor 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.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as to
ensure compliance by Contractor with this Contractor agreement, with the CDBG
Compliance Documents, and with all other laws, regulations, and ordinances related to
the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary for
its effective fulfillment of its monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the United
States, or any of their authorized representatives, and shall permit City, HUD, the
Comptroller General of the United States, or any of their authorized representatives to
audit, examine, and make excerpts and/or copies of same. Contractor records shall
include, but shall not be limited to, the following: payroll, personnel and employment
records; procurement bidding documents; contracts; sales closing statements; and
invoices.
C. The Contractor 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.
XIII 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.
XIV ASSIGNMENT AND/OR SUBCONTRACTING
The Contractor 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.
XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. In order to comply with 24 CFR 570.503(b)(2), the Contractor agrees to provide project
line item draw requests, annual verification of rents, annual audited financial statement
to compare income and expenses, records, documents and accounting procedures
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",
Page 6 of 14 09-25-03
as issued by the Office of State Auditor, State of Washington. The Contractor further
agrees that the City of Yakima ONDS 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 Contractor shall retain all books,
records, documents and other material relevant to the Contract for seven (7) years
after settlement of this Contract. The Contractor 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.
B. The Contractor agrees that any contributions or payments made for services furnished
under this Contract shall be used for the sole benefit of this program.
XVI 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.
The Contractor 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 CDBG 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 Contractor 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 Contractor. 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 Contractor 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 approval of the City of Yakima
ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the Contractor,
title to which is vested in the City of Yakima ONDS 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 ONDS or federal
government, the Contractor agrees to execute such security agreements and other
documents as shall be necessary for the City of Yakima ONDS 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 RCW Chapter 62A.
9. The Contractor shall be responsible for any loss or damage to the property of the City
Page 7 of 14 09-25-03
of Yakima ONDS or federal government (including expenses entered thereunto) which
results from negligence, willful misconduct, or lack of good faith on the part of the
Contractor 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 ONDS or federal government in like condition to that in which condition the
property was acquired by purchase, fair wear and tear accepted.
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city relationship will be created by this
Contract. The City of Yakima ONDS is interested only in the results to be achieved, the
implementation of services will lie solely with the Contractor. No agent, employee, or
representatives of the Contractor shall be deemed to be an employee, agent, servant or
representative of the City of Yakima for any purpose, and the employees of the Contractor are
not entitled to any of the benefits the City of Yakima provides for City Employees. The
Contractor 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.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social security
tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Contract. In the event the City is assessed a tax or assessment as a result of this Contract,
Contractor shall pay the same before it becomes due.
XIX QUARTERLY REPORT
The Contractor agrees to submit a written quarterly report outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima.
XX INSURANCE
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the Contractor
and/or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the Contractor shall provide the City
with a certificate of insurance as proof of liability insurance in the amount of One Million
Dollars ($1,000,000.00) that clearly states who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder" shall be deleted).
Said policy shall be in effect for the duration of this Contract. The policy shall name
the City, its elected officials, officers, agents and employees as additional insureds,
and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written notice (any language
in the clause to the effect of "but failure to mail such notice shall impose no obligation
or liability of any kind upon the company" shall be crossed out and initiated by the
insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor shall
provide the City with a certificate of insurance as proof of commercial automobile
liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage. The certificate shall clearly
Page 8 of 14 09-25-03
state who the provider is, the amount of coverage, the policy number, and when the
policy and provisions provided are in effect (any statement in the certificate to the
effect of "this certificate is issued as a matter of information only and confers no right
upon the certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Contract. The policy shall name the City, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice (any language in the clause to the effect of "but
failure to mail such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The insurance
shall be with an insurance company or companies rated A -VII or higher in Best's Guide
and admitted in the State of Washington.
D. WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by the Workman's
Compensation Act of the State of Washington. Evidence of the contractors workers'
compensation coverage will be furnished to the City. The contractor holds the City
harmless for any injury or death to the contractor's employees while performing this
Contract.
E. INSURANCE PROVIDED BY SUBCONTRACTORS
The Contractor shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance
requirements.
XXI INDEMNIFICATION AND HOLD HARMLESS
All services to rendered or performed under this Contract will be performed or rendered entirely
to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold
harmless the City of Yakima and all of its officers, agents, employees and elected officials from
any and all liability, loss, fines, penalties 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 judgments against the City of Yakima which result from, arise out of, or are in
any way connected with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XXII CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City of
Yakima ONDS may pursue such remedies as are legally available including but not limited to,
the termination of this Contract in the manner specified herein. In accordance with 24 CFR §
85.43 and 44.
A. TERMINATION FOR CAUSE
If the Contractor 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 ONDS deems continuation of this Contract
to be substantially non -beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as directed by
the City of Yakima ONDS or its authorized representative within the time
specified by same;
Page 9 of 14 09-25-03
3. The Contractor has failed within the time specified by the City of Yakima
ONDS or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore and the
effective date provided such effective date shall not be prior to notification to the
Contractor. 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.
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 ONDS 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 ONDS
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 ONDS 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
Contractor or its representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed
reduction in funding by Federal or other officials. The Contractor 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 Contract may further be terminated by the City of Yakima upon written demand by
the City of Yakima ONDS 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 Contractor, the City of Yakima shall make or
arrange for payment to the Contractor of allowable reimbursable costs not
covered by previous payments.
2. The Contractor 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 ONDS retains the right to withhold a just and
reasonable sum from the final payment to the Contractor after fully considering
the recommendation on disallowed costs resulting from the final audit.
Page 10 of 14 09-25-03
XXIII 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 ONDS 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.
XXIV CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. In accordance with 24 CFR § 570.611, no member, officer, or employee of the City of
Yakima, or the contractor, 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 exercise 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 CDBG funded program
B. Terminate 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.
C. 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.
XXV RIGHTS IN DATA
The City of Yakima ONDS 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, 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 ONDS, 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 ONDS, 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 ONDS shall have the right at any time to modify, remove, obliterate,
or ignore such markings.
XXVI RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award unless otherwise provided herein,
Page 11 of 14 09-25-03
the inconsistency shall be resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and regulations including HUD
CDBG 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,
(Exhibit B),
4. City of Yakima Resolution No. 2003-123 (Exhibit C), and
5. 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.
XXVII GOVERNING LAW
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 agreed by each party hereto
that this Contract shall be governed by laws of the State of Washington, both as to
interpretation and performance.
XXVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of
Washington for Yakima County, Washington.
XXIX 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.
XXX 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.
XXXI PROGRAM INCOME
Program income, if any, shall be retained by the contractor. 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. Program income is to be used as specified in 24 § CFR 570 503(b)(3)
and 24 § CFR 570.504(c).
Page 12 of 14 09-25-03
Davis High School Media Center
Community Services
Proposal Summary/Project Abstract
The Yakima School District, Davis High School and Davis High School
Library/Media Center, in partnership with OIC, Providence Partnership and Rotary,
have for some years believed that the public school educational facilities should be
more accessible to the citizens of the city of Yakima after school hours. In part, this
belief stems from the changing face of the Yakima School District and the city of
Yakima. Davis High School is particularly aware of the needs of our low -economic
and bilingual public because of the make-up of our student body. (About half of
Davis High School students receive free or reduced lunch and about 55% are
bilingual. In general, Davis students work after school, do not have home access to
an environment conducive to good study habits, to computers in their homes, and,
often, if students have computers, they do not have printer availability.) These facts
are also true of the citizens of the city of Yakima.
Several years ago Yakima Rotary funded the first Davis Library Writing Lab to
fill the needs of not only the students but also of the citizens of Yakima. Since the
installation of that lab, the library and media center have been available to students
and community adults from the time school ends until 4:00 PM as well as for some
computer instruction by Davis teacher resource technicians (TRTs).
In July of 2003, a community committee was formed to find a solution that would
open the facility for late afternoon and evening hours, would move towards offering
tutoring and literacy classes in the evening and would be a place where community
organizations could offer classes and tutors. The Community Literacy Committee
includes the following individuals: Steve Mitchell (OIC), Karen Garrison (Heritage
College and Yakima Rotary), Lynne Greene (Davis High School Media Center), Lee
Maras Davis High School), Patricia Valdez-Sontek (Yakima School District), Bill
Cobabe (Yakima City) and Joe Scherschlight (Yakima Police Department SROs).
Linda Iasella (Providence Partnership) will be involved in Phase II of this project.)
The following "Community Service Proposal Grant" would help fill the gap
between the rich and the poor, literate and the illiterate, English-speaking and
Spanish-speaking, youth and adults and the educated and the uneducated by providing
the personnel to supervise this educational facility after-school hours and into the late
evening. The organizing partners will supply all other expenses, including
computers (...as well as other hardware), janitorial personnel, supplies, equipment
contracts and repair, utilities, software, supervisory personnel and security.
Davis High School Media Center Community Services Proposal 1
Davis High School Media Center
Community Services
Assessment of Need/Problem Statement
Yakima City serves an increasing number of low-income, migrant and minority
populations. With these changing demographics comes changing needs. This population
has a need for services which are not being offered at convenient, sufficient and, in many
cases, not even feasible times to fit the needs of close to half of our population. Some
examples of these needs follow:
• Hispanic adults who need to learn English but who are unable to attend
classes that begin at 6:30 PM.
• Low-income and migrant adults and teenagers who need to use
computers to create papers, projects, resumes and letters of application
but can not afford a computer and can't access current school and
public library computers because of lack of availability and lack of
convenient times for access.
• Disadvantaged elementary, middle -school and high-school students
who need tutoring but cannot afford to hire a tutor and who need more
access time than an hour after school.
• Elderly and/or disabled) adults who want and need instruction in the
basic use of computers to create family histories, search the subscription
Internet and produce documents for personal and community use.
Program Goals and Objectives
Davis High School Library, in conjunction with community partners, proposes extending
the Davis Media -center hours until 10:00 PM, Monday through Thursday, to accommodate the
research, recreational reading, employment preparation and word-processing needs of Yakima
city residents—particularly those who live in the inner-city area.
With financial and in-kind help from the members of the partnership, this proposal
would assist those in our community who are involved with senior citizens, youth
activities, youth mentoring, employment and training opportunities, violence and drug -
prevention programs and educational programs for all ages by providing computer,
research and educational programs offered at convenient times and at a convenient
location with ease of access and parking.
Methodology
Clientele
Davis Media Center will be open after 2:45 until 10:00 PM, Monday through Thursday to adults,
senior citizens, school-age children, college students and low-income/minority Yakima city
residents who need computer training and/or access to research or word processing.
Davis High School Media Center Community Services Proposal 2
Hours
• The Davis Media Center will open 7:30 A.M. until 10:00 PM Monday through Thursday.
• Community clients may use the media center and library after 2:45 when Davis
classes are not scheduled to use the facility.
Timeline
Phase I of the proposal will consist of hiring and training a retired certified teacher and
an adult assistant (one or both would need to be bilingual) to manage the facility in the
afternoons and evenings four days a week (September 2003).
Phase II of the proposal will involve partnering with Yakima community organizations
to implement tutoring, education and literacy programs (February 2004).
Phase III of the proposal will expand the service to include Friday and Saturday access
to the Davis High School Media Center and extended services (September 2005).
Evaluation
The effectiveness of opening the Davis Library to the public in the evening will be
measured by the number of classes offered by community groups and by the number of
afternoon or evening clientele who utilize, individually or in class settings, the following
educational, research or recreational programs:
Employment Opportunities
• Resumes
• Job Applications
• Interviewing Techniques
• Dressing for Success
Computer Instruction
• Word Processing
• Database
• Powerpoint
Research Opportunities
• Filtered Internet
o Subscription Databases
o Periodicals (Magazines)
o Newspapers
o Newswires (AP Releases and Photos)
o TV and Radio Transcripts
o Thesis and Dissertations
o Scholarly Journals
o Encyclopedias
o Maps
o Government Documents
o Career Tnformation
• Catalogued Materials
o Books
o Periodicals
o Encyclopedias
Davis High School Media Center Community Services Proposal 3
o Maps
o Atlases
Literacy Classes and Tutoring
• English
• Spanish
• Adult
• Teenage
• Children
Recreational Opportunities
• Fiction and non-fiction reading
• Chess, checkers and other board games
• Coloring, dot -to -dot, and puzzle activities
• On-line genealogy access
Community Involvement
Organizing Partners—these groups have or will have committed actual or in-kind
resources to this project.
• OIC
• The City of Yakima
• Yakima School District
• Providence Partnership
• Rotary
Potential Organizational Beneficiaries (a partial list) these groups will have access
to the facility and can offer individual or small and/or large group instruction in the
afternoons or evenings. The Davis Media Center contains about 75 on-line, filtered,
Internet -accessible computers, two computer labs and three separate small -group meeting
areas which can be used individually or for class instruction.)
• Yakima City Police
• Aging and Long-term Care
• YWCA and YMCA
• People for People
• EPIC
• Union Gap School District
• Farm Workers
• Boy Scouts of America
• Yakima Valley Barrios Unidos
• Substance Abuse Coalition
• La Casa Hogar
• Hispanic Chamber of Commerce
• Southeast Community Center
• OIC
• Heritage College
• Yakima Valley Community College
Davis High School Media Center Community Services Proposal 4
Leveraging and Partnerships
The Davis High School Media Center has a long-term commitment with O.I.C. to provide
administrative support. Providence Partnership has also committed to providing necessary
tutoring coordination with other city and county agencies. Yakima Rotary's past monetary
support to the Davis Media Center and commitment to literacy will also be ongoing.
If the first year/18 months of the project supervisor position is funded through the
Community Service Program, the Davis Media Center will solicit long-term funding through
other grants and community partnerships for that position.
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
RFP FOR COMMUNITY SERVICES
BUDGET SHEET FOR 2003
ORGANIZATION: YAKIMA SCHOOL DISTRICT NO. 7
PROJECT: DAVIS HIGH SCHOOL MEDIA CENTER COMMUNITY
SERVICE
Expense
Categories
CDBG Funds
State, Federal
or
Private Funds
Applicant Share
(Cash/In-Kindl
Total
Personnel
Coordinator
0
0
$12,000
Supervisor
$15,120
0
0
$27,120
Fringe Benefits
$1,814
0
0
$1,814
Travel
0
, 0
0
0
Equipment
Computers
$100,000
On-line Software
0
0
$10,000
$110,000
Supplies
0
0
$2,000
$2,000
Contractual
0
0
$1,500
$1,500
Other
Facility/Utilities
0
0
$4,300
$4,300
Security/Custodial
0
0
$8,500
$8,500
Administrative
Advisor
0
$4,000
0
$4,000
Total
$16,934
$4,000
$138,300
$159,634
Davis High School Media Center Community Services Proposal
Budget Narrative
Personnel: The personnel needed to open the Davis Media Center to the
public from 3:00 tO 10:00 p.m. includes two positions.
• The supervisor will be onsite during open hours for a total of 28 hours
a week at $15.00 an hours for 36 weeks. $15,120.
• The coordinator will assume the oversight of the project as part of
her Davis High School duties. This will be a YSD in-kind contribution. $12,000.
Fringe Benefits: Benefits at the rate of 12%. $1,814.
Travel: None
Equipment: Equipment includes 86 computers, five printers and a
copy machine totaling $100,000.
On-line software $10,000.
Supplies: YSD in-kind contribution of paper, toner, and discs $2,000.
Contractual: YSD in-kind contribution for repair and use of copier $1,500.
Other:
• Facility/Utilities: YSD in-kind contribution $4,000.
• Security/Custodial: YSD in-kind contribution $8,500.
• Partner Advisory: Administrative advisor from O.I.C. $4,300.
EXHIBIT "C"
(RESOLUTION)
RESOLUTION NO. R-2003- I2 3
A RESOLUTION authorizing and approving a total of $75,000 in grant requests to be funded
from Federal Community Development Block Grant (CDBG) funds for
community service projects in Yakima, Washington, and authorizing and
directing the City Manager to execute all necessary contracts, between the City
of Yakima and each of the approved community service agencies/entities.
WHEREAS, the City of Yakima is a recipient of 2002 Federal Community Service Block
Grant (CDBG) funds, which may be used, among other things, for qualifying community service
projects; and
WHEREAS, various non-profit agencies and entities have requested project funding from
CDBG program; and
WHEREAS, after review and evaluation of these project funding requests, the Neighborhood
Development Council Sub -Committee recommends that the City Council approve and authorize
$75,000 in CDBG funds for the following:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. Grants totaling $75,000 in CDBG funds are hereby authorized and approved for the
following Community Service Projects:
V $ 4,600 to Campfire USA for Barge for Lincoln Mega Club project
$16,934 to Yakima School District for Davis Library after Hours project
• $23,466 to La Casa Hogar for Leadership Capacity Building project
$30,000 to Yakima Police Athletic Department for Youth Athletic and Non-
athletic programs project
The City Manager and the City Clerk are hereby authorized to execute all necessary
contracts approved as to form by the City Attorney between the City of Yakima and the
above listed applicants, for total allocation of $75,000.
ADOPTED BY THE CITY COUNCIL this I/O day of
ATTEST:
:.!
KARR S. iiiigiTTS, CMC
City Clerk
';:1914, -6T1 , 2003.
Mayor
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: La Casa Hogar/Yakima Interfaith Coalition (hereinafter
"Contractor")
2. Address: 106 South 6th Street, Yakima, WA 98901
3. Phone: (509) 457-5058
4. Contact Person: Carole Folsom -Hill, Executive Director
5. Title of Service or Program being Funded: Leadership Capacity Building Project
6. Amount of Contract Award: $23,466 (CDBG)
7. The term of this Contract shall commence upon execution hereof and shall terminate at
midnight/1 s 1. _'s unless sooner terminated by either party in accordance with Section
XXII of inc po ated Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto shall be subject to and
governed by the following:
1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this
reference; and
2) Operating budget including sources and uses statement, work plan and all attached
hereto as Exhibit "B" and incorporated herein by this reference.
3) City of Yakima Resolution No.2003-123 , a copy of which is attached hereto as
Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of project described in
Exhibit B, Contractor/Subcontractor lien releases, and satisfaction of all contract terms and
conditions as stated in Exhibit "A" and Exhibit "C".
This written document and incorporated exhibits constitutes the entire Contract between the parties.
IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated
below.
R.A. Zais, Jr., City Mana,ger
l '
Contractor
Titlds-- -1 / E
/&
ATTEST:
2
City Clerk:
City Contract No.: ,26O3-9/
D6 7
at
io/7/03
Date
Date
EXHIBIT "A"
TERMS AND CONDITIONS
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 Contractor to undertake,
and the Contractor 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 (ONDS) shall furnish the
Contractor with written notice to proceed upon release of funds from HUD related to
the project pursuant to 24 § CFR Part 58.
B. AMOUNT OF GRANT
The City hereby sub -grants to the Contractor $ 23,466 for said project.
III GENERAL BUDGET PROVISIONS
The Contractor 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 Contractor or obligation of
the Contractor 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 summaries, 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
OMB Circular A — 87 "eligible costs" and come within the Project Budget.
3. The contractor agrees to comply with 24 § CFR 610, Uniform Administrator
Requirements and Cost Principles. Contractors are to comply with policies,
guidelines, and requirements of 24 § CFR part 85 and OMB Circular A-87, A-
110, A-122, A-133 (implemented at 24 § CFR part 45), and A-128
(implemented at 24 § CFR Part 44), as applicable. The applicable section of
24 CFR Parts 84 and 85 are set forth at 24 § CFR 570.502.
B. No payment shall be made for any service rendered by the Contractor 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. 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
Contractor prior to the Contractor incurring any expenditures against the
Page 2 of 14 09-25-03
revised budget sub -object categories.
2. When the revision of the Contractor budget does not exceed ten percent (10%)
of an approved budget sub -object category, the Contractor must submit a
revised budget to the City of Yakima ONDS prior to the submittal of claims
against the budget.
IV COMMENCEMENT OF WORK
The City of Yakima ONDS shall furnish the Contractor 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 ONDS.
V BILLING PROCEDURES
A. The Contractor shall submit monthly written claims for reimbursement of services
performed under this contract in the manner prescribed in paragraph III above, and as
prescribed by the City of Yakima ONDS.
VI 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.
VII BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus at the
end of the project within the budget of this Contract will be subject to cancellation by the City of
Yakima ONDS and may be negotiated if they are to be included in future Contracts. Assets
purchased with CDBG funds shall continue to be used in accordance with its original purpose
as provided in 24 CFR § 570.503 (b)(8).
VIII COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, 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 CDBG Regulations including the uniform administrative
requirements listed in 24 CFR § 570.502, and in 24 § CFR 570, subpart K., and other
policies and guidelines established by the City of Yakima ONDS.
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 (570.608) Prevention Act, 42 USC Section
4831 et seq., and HUD regulations implementing the Act, 24 § CFR Part 35,
where, residential structures are involved.
The Contractor shall provide whatever assistance is necessary to enable the
City of Yakima's Building Official to carry out its inspection and certification
responsibility under the regulations including but
not limited to 24 CFR § 570.608.
Page 3 of 14 09-25-03
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 Section 1857 et seq; Water Pollution
Control Act, as amended, 33 USC Section 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 Sections 327-333,
(Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW
Chapter 3 — 12 (Prevailing Wage Rates).
9. 24 CFR part 84, 85 and OMB Circular A-87, A-110, A-122, A-128, and A-133
as specified in 24 CFR § 570.502
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, and Contractor 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 Contractor, the County, and the United States are
beneficiaries of and entitled to enforce such covenant. The Contractor, 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. Age Discrimination Act of 1975 (24 CFR § 146).
13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1).
14. Housing Quality Standards (24 CFR § 882.109).
15. WBE/MBE (24 CFR § 85.36 (e)
16. ENVIRONMENTAL REVIEW
A. NEPA
As specified in 24 CFR 570.503(b)(5)(i) and (ii), the City of Yakima
ONDS retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under
which the City of Yakima ONDS may require the Contractor to furnish
Page 4 of 14 09-25-03
data, information and assistance for the City's review and assessment
in determining whether the City must prepare an Environmental Impact
Statement.
B. SEPA
The Contractor retains responsibility for fulfilling the requirements of
the State Environmental Policy Act and regulations and ordinance
adopted thereunder.
C. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the Contractor
under this Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State Environmental
Policy Acts.
IX NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor 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. 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 Contractor 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.
X NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR § 92.352), and 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;
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 Contractor 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 Contractor shall take
Page 5 of 14 09-25-03
such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
XI LICENSING AND PROGRAM STANDARDS
The Contractor 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.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as to
ensure compliance by Contractor with this Contractor agreement, with the CDBG
Compliance Documents, and with all other laws, regulations, and ordinances related to
the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary for
its effective fulfillment of its monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the United
States, or any of their authorized representatives, and shall permit City, HUD, the
Comptroller General of the United States, or any of their authorized representatives to
audit, examine, and make excerpts and/or copies of same. Contractor records shall
include, but shall not be limited to, the following: payroll, personnel and employment
records; procurement bidding documents; contracts; sales closing statements; and
invoices.
C. The Contractor 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.
XIII 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.
XIV ASSIGNMENT AND/OR SUBCONTRACTING
The Contractor 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.
XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. In order to comply with 24 CFR 570.503(b)(2), the Contractor agrees to provide project
line item draw requests, annual verification of rents, annual audited financial statement
to compare income and expenses, records, documents and accounting procedures
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 Contractor further
Page 6 of 14 09-25-03
agrees that the City of Yakima ONDS 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 Contractor shall retain all books,
records, documents and other material relevant to the Contract for seven (7) years
after settlement of this Contract. The Contractor 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.
B. The Contractor agrees that any contributions or payments made for services furnished
under this Contract shall be used for the sole benefit of this program.
XVI 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.
The Contractor 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 CDBG 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 Contractor 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 Contractor. 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 Contractor 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 approval of the City of Yakima
ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the Contractor,
title to which is vested in the City of Yakima ONDS 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 ONDS or federal
government, the Contractor agrees to execute such security agreements and other
documents as shall be necessary for the City of Yakima ONDS 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 RCW Chapter 62A.
9. The Contractor shall be responsible for any loss or damage to the property of the City
of Yakima ONDS or federal government (including expenses entered thereunto) which
Page 7 of 14 09-25-03
results from negligence, willful misconduct, or lack of good faith on the part of the
Contractor 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 ONDS or federal government in like condition to that in which condition the
property was acquired by purchase, fair wear and tear accepted.
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city relationship will be created by this
Contract. The City of Yakima ONDS is interested only in the results to be achieved, the
implementation of services will lie solely with the Contractor. No agent, employee, or
representatives of the Contractor shall be deemed to be an employee, agent, servant or
representative of the City of Yakima for any purpose, and the employees of the Contractor are
not entitled to any of the benefits the City of Yakima provides for City Employees. The
Contractor 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.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social security
tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Contract. In the event the City is assessed a tax or assessment as a result of this Contract,
Contractor shall pay the same before it becomes due.
XIX QUARTERLY REPORT
The Contractor agrees to submit a written quarterly report outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima.
XX INSURANCE
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the Contractor
and/or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the Contractor shall provide the City
with a certificate of insurance as proof of liability insurance in the amount of One Million
Dollars ($1,000,000.00) that clearly states who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder" shall be deleted).
Said policy shall be in effect for the duration of this Contract. The policy shall name
the City, its elected officials, officers, agents and employees as additional insureds,
and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written notice (any language
in the clause to the effect of "but failure to mail such notice shall impose no obligation
or liability of any kind upon the company" shall be crossed out and initiated by the
insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor shall
provide the City with a certificate of insurance as proof of commercial automobile
liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number, and when the
Page 8 of 14 09-25-03
policy and provisions provided are in effect (any statement in the certificate to the
effect of "this certificate is issued as a matter of information only and confers no right
upon the certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Contract. The policy shall name the City, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice (any language in the clause to the effect of "but
failure to mail such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The insurance
shall be with an insurance company or companies rated A -VII or higher in Best's Guide
and admitted in the State of Washington.
D. WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by the Workman's
Compensation Act of the State of Washington. Evidence of the contractors workers'
compensation coverage will be furnished to the City. The contractor holds the City
harmless for any injury or death to the contractor's employees while performing this
Contract.
E. INSURANCE PROVIDED BY SUBCONTRACTORS
The Contractor shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance
requirements.
XXI INDEMNIFICATION AND HOLD HARMLESS
All services to rendered or performed under this Contract will be performed or rendered entirely
to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold
harmless the City of Yakima and all of its officers, agents, employees and elected officials from
any and all liability, loss, fines, penalties 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 judgments against the City of Yakima which result from, arise out of, or are in
any way connected with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XXII CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City of
Yakima ONDS may pursue such remedies as are legally available including but not limited to,
the termination of this Contract in the manner specified herein. In accordance with 24 CFR §
85.43 and 44.
A. TERMINATION FOR CAUSE
If the Contractor 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 ONDS deems continuation of this Contract
to be substantially non -beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as directed by
the City of Yakima ONDS or its authorized representative within the time
specified by same;
3. The Contractor has failed within the time specified by the City of Yakima
Page 9 of 14 09-25-03
ONDS or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore and the
effective date provided such effective date shall not be prior to notification to the
Contractor. 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.
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 ONDS 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 ONDS
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 ONDS 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
Contractor or its representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed
reduction in funding by Federal or other officials. The Contractor 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 Contract may further be terminated by the City of Yakima upon written demand by
the City of Yakima ONDS 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 Contractor, the City of Yakima shall make or
arrange for payment to the Contractor of allowable reimbursable costs not
covered by previous payments.
2. The Contractor 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 ONDS retains the right to withhold a just and
reasonable sum from the final payment to the Contractor after fully considering
the recommendation on disallowed costs resulting from the final audit.
XXIII COVENANT AGAINST CONTINGENT FEES
Page 10 of 14 09-25-03
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 ONDS 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.
)XIV CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. In accordance with 24 CFR § 570.611, no member, officer, or employee of the City of
Yakima, or the contractor, 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 exercise 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 CDBG funded program
B. Terminate 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.
C. 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.
XXV RIGHTS IN DATA
The City of Yakima ONDS 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, 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 ONDS, 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 ONDS, 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 ONDS shall have the right at any time to modify, remove, obliterate,
or ignore such markings.
XXVI 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:
Page 11 of 14 09-25-03
1. Appropriate provisions of state and federal statutes and regulations including HUD
CDBG 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,
(Exhibit B),
4. City of Yakima Resolution No. 2003-123 (Exhibit C), and
5. 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.
XXVII GOVERNING LAW
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 agreed by each party hereto
that this Contract shall be governed by laws of the State of Washington, both as to
interpretation and performance.
XXVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of
Washington for Yakima County, Washington.
XXIX 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.
XXX 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.
XXXI PROGRAM INCOME
Program income, if any, shall be retained by the contractor. 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. Program income is to be used as specified in 24 § CFR 570.503(b)(3)
and 24 § CFR 570.504(c).
Page 12 of 14 09-25-03
A. Proposal Summary/Project Abstract
1. Introduction of Organization: La Casa Hogar/Yakima Interfaith Coalition is a
faith based neighborhood non-profit organization (501 3c) serving immigrant
women and their children through educational services. Women initially seek
educational service to learn English and to further their educational goals of
obtaining a GED. While women participate in a variety of class options, a
structured school readiness program is available for preschool aged children. This
year during spring quarter La Casa Hogar expanded service to include school age
children through providing academic enhancement and support two evenings per
week. Essentially a homework center staffed by a volunteer teacher and high
school students was available to neighborhood children and the school age
children of the women we serve.
The staff coordinating and supporting services at La Casa Hogar include 4
women who are former program participates and the Executive Director, a total
FTE of 3.5.
Emergency outreach services and a clothing bank are also provided to any one
in need on behalf of 25 faith communities. This year the organization is
celebrating its 15th anniversary. The primary funding sources for the programs are
the faith communities, United Way of Yakima County, and fund raising. While
our annual operating budget is just over $100,000, services are provided and
enhanced through significant partnerships and collaborations. For example,
Yakima Valley Community College provides two instructors ESL & ABE. Bill &
Melinda Gates Foundation along with 12 other partners have provided funds to
establish a Computer Technology Center.
The Board of Directors has recently completed a 5 year strategic plan the
goals of which lay the foundation for replicating totally the current program in 2-3
neighborhood sites within five years. To accomplish this, a significant strategic
goal is to develop and enhance leadership capacity at all levels of the
organization: students, staff and board.
2. Scope of Proiect: Leadership capacity building at all levels of the
organization and beyond. This is a unique opportunity to build a process that
addresses leadership capacity building specifically among first and second
generation Hispanic immigrants, students (adult and youth), star and board of
directors. Through this project La Casa Hogar/YIC will actively research,
develop implement and evaluate a leadership development model which considers
language, cultural, educational and other community barriers that affect
leadership development in the community. The primary outcomes will be two
fold: 1) increased leadership capacity at all level of this organization and 2) a
leadership development model that can be replicated by other community
organizations who are interested in building Hispanic leadership capacity within
their organizations. It is anticipated that overtime this process would result in
larger numbers of Hispanic leaders available to serve in community leadership
roles.
3. Cost : $ 62194 (total value) $35,000 request CDBG
B. Assessment of Need/Problem Statement
1. The need identified for this project is the lack of an effective leadership
capacity building model designed to addresses issues of disparity in community
leadership. Skilled Hispanic leaders are few in number and therefore unavailable
to bring adequate voice to the community, representing the unique needs and
perspective of the immigrant community. In the recent past few years throughout
the community there has been an increasing amount of conversation, and
concerned expressed regarding access to the input from the Hispanic community.
While organizations struggle with increasing desire to include the Hispanic voice
there is little access and/or availability to Hispanic community leaders at the
grassroots level. Examples of this are activities related to endeavors such as For a
Better Tomorrow and the Northwest Areas Foundation community planning
processes . There is high demand for the existing Hispanic leaders to serve on
community board with those who are available often serving on several different
community boards at the same time. Even within this organization, an
organization with ready access to the Hispanic community, the experience is
similar. The conclusion can be drawn that the supple of leaders is far less than the
demand required. During the For a Better Tomorrow process the need for
increased Hispanic leadership capacity was described in a variety of arenas such
as the business community, service organizations, educational institutions, health
and faith communities.
In addition, language, educational and cultural barriers require the presences
of unique understanding and learning opportunities in both the Hispanic and non
Hispanic communities. These factors contribute to the need to identify and
develop leadership development models that can accommodate the barriers,
building on them and the assets contained in diverse community leadership.
Community capacity for leadership development is limited. Leadership Yakima
private sector leadership model, addresses the professional and midlevel manager
where there remains large gaps in Hispanic representation. Leadership Yakima
tends to follow a charity perspective, maintaining the status quo.
What is needed is the empowerment of a more diverse and active participation in
public life by the Hispanic community.
Nearly half or the county population is represented by the Hispanic
community yet our civic life participatory process do not even closely reflect the
population. Our community experiences a great loss for lack of inclusion of the
total community.
La Casa Hogar represents an organization that is keenly aware and connected
to the Hispanic community. It is a natural avenue to develop and built the
framework the will lead to effective empowerment, participation and involvement
of the immigrant community leaders. Building Hispanic leadership capacity is a
complex, and long term process. The organization's experience, cultural
knowledge and sensitive and the seeds of four Hispanic staff leaders and their
commitment to the long enhance the potential for a successful project.
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C. Program Goals and Objectives: The primary outcome is that La Casa Hogar
will set the standard locally for modeling leadership capacity building among first
and second generation Hispanic immigrants at all level of the organization:
students (adults & youth), staff, and Board of Directors. The outcome will be
expanded to the larger community through the sharing of their process and
experience and enhanced capability in service delivery to the community.
Goal 1. Clearly defined leadership development model based on
understanding what is currently utilized both locally and nationally
Objectives:
1. Investigate and identify leadership models locally and nationally
which are consistent with best practices for the audience being served.
2. Define leadership development model to be use in conjunction with
project
3. Identify and secure minimum 2-3 potential community collaborators
and partners for implementing model
4. Develop plan for implementation and evaluation of the model
Goal 2: Implement leadership development model at all levels within
organization
Objectives:
1. 8-12 staff and students will participate in ongoing capacity building
leadership training
2. 2-4 staff of collaborating partners will be invited to participate in the
training
3. 12 board members will actively engage the process of leadership
capacity building for themselves and support the staff and student training
process
Goal 3: Implement evaluation of process and outcomes
Objectives:
1. Assess and analyze effectiveness of the model for first six month
implementation period
2. Make adjustments in leadership capacity building plan based on
assessment
3. Continue on going process within the organization as set forth in the
five year strategic plan
Goal 4: Highlight leadership capacity building model and experience with
community at large
Objectives:
1. Provide to the community through Office of Neighborhood Service
written materials documenting process, outcomes and recommendations
2. Provide community access to information and resources through staff
and board sharing their experiences
3. Actively pursue additional resources from organizations such as the
Kellogg Foundation to develop and implement a community wide
• •0$1.1 ®) Mi z@x
conference focusing on leadership capacity building among first and
second generation Hispanic immigrants.
D. Methodology:
1. A full time contracted staff will be hired for a 4 month period to investigate
best practices both locally and nationally, produce appropriate documentation and
develop the Leadership Capacity Building Plan. They will work in conjunction
with the Board of Directors and be responsible to the Executive Director to
develop and implement the work plan for the project. Additionally for the
equivalent of a two month period they will assist with the coordination of the
Leadership Capacity Building Plan implementation.
2. Training resources needed for the implementation of the plan will be
identified in the process of developing the plan and will utilize both local and
national/regional resources. The training will be integrated into the normal work
experience whenever possible. The training will be scheduled and conducted for
a 6-8 month period.
3. Identified collaborators and partners will be invited to contribute resources
and in-kind support when ever appropriate and possible and be included as an
active partner in the implementation process.
4. The outcomes and experiences of this project will be made available through
printed materials and technologically, i.e. through CD Rom disks and on the
organizations web site.
5. A community wide conference focusing on Leadership Capacity Building will
be planned and implemented if resources can be aqurired.
E. Evaluation: The entire process , the plan and it's implementation will be evaluated
according to the process prescribed in the plan at the in of one year (plan development (4-
6 plus 6-8 months) Appropriate adjustment will be made based on the evaluation and the
organization will continue utilizing a built in evaluation assessment process as on-going
work with the model continues.
F. Community Involvement
1. Citizen Involvement in program development: This proposed project
comes as a result of a strategic planning process by a committee of the Board of
Directors. This committee is composed of staff, students and community
members.
2. Citizen Involvement in program implementation: This will be considered
and described in the Leadership Capacity Building Plan and the plan itself will
incorporate community input in it's development.
3. Citizen Involvement in program evaluation: All participants in the
implementation process will be included in the evaluation as will community
collaborators and partners.
4. Collaborations and other community organizations: Several potential
partners and collaborator have been consulted and have expressed interest in this
project. For a Better Tomorrow, YWCA, Central Washington Comprehensive
Mental Health, and the Central Washington Dispute Resolution Center have
provided letters of support which are attached. It is anticipated that as the
development of the plan proceeds other community partners will present
themselves to be included.
G. Budget: The budget presented with is proposal reflect a general idea for
expenditure of funds. La Casa Hogar/YIC support the project with22/578
a. Personal and fringe benefit costs $8000 represent contribution to
internal staff cost to coordinate and oversee the contracted staff.
b. Travel: $2500 anticipates the possibility of site visits to investigate
potential leadership models
c. Equipment: No new equipment is anticipated
d. Supplies/printing: $1500 is available for printing and technological
materials costs.
e. Contractual; $13000 represent the dollars available to support for staff
full time, 4-6 months
f. Training Costs. $10000 support direct costs for training and 50% of staff
training time costs.
g. In-kind: La Casa will support the project it is anticipated that addition in-
kind support will develop as the plan develops.
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CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
RFP FOR COMMUNITY SERVICES
BUDGET SHEET FOR 2003
ORGANIZATION: -4 t' fk6�a t�kC�vh�
tc, . �' r-(; c c �.� C.)t�l i tyre
PROJECT:
Expense
Categories
da".
CDBG Funds State, Federal Applicant Share Total
or Private Funds (Cash/In-Kind)
Personnel
6, pl
,Ig 578
88O
Fringe Benefits
!` '(a 0
s''oe..) ca
6 26 O
Travel
r 5D 0
/s D 0
Equipment
Supplies
Cy, a
50 v
10a (.)
Contractual
0466
/.0 j11
% .J 0 .6
Other
-T--
(Specify)0&:)-1
10,000
/-;?..5?) o
1.
2.
Total
EXHIBIT "C"
(RESOLUTION)
RESOLUTION NO. R-2003- 12 3
A RESOLUTION authorizing and approving a total of $75,000 in grant requests to be funded
from Federal Community Development Block Grant (CDBG) funds for
community service projects in Yakima, Washington, and authorizing and
directing the City Manager to execute all necessary contracts, between the City
of Yakima and each of the approved community service agencies/entities.
WHEREAS, the City of Yakima is a recipient of 2002 Federal Community Service Block
Grant (CDBG) funds, which may be used, among other things, for qualifying community service
projects; and
WHEREAS, various non-profit agencies and entities have requested project funding from
CDBG program; and
WHEREAS, after review and evaluation of these project funding requests, the Neighborhood
Development Council Sub -Committee recommends that the City Council approve and authorize
$75,000 in CDBG funds for the following:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. Grants totaling $75,000 in CDBG funds are hereby authorized and approved for the
following Community Service Projects:
$ 4,600 to Campfire USA for Barge for Lincoln Mega Club project
$16,934 to Yakima School District for Davis Library after Hours project
$23,466 to La Casa Hogar for Leadership Capacity Building project
$30,000 to Yakima Police Athletic Department for Youth Athletic and Non-
athletic programs project
The City Manager and the City Clerk are hereby authorized to execute all necessary
contracts approved as to form by the City Attorney between the City of Yakima and the
above listed applicants, for total allocation of $75,000.
ADOPTED BY THE CITY COUNCIL this //0 day of -' a'1 , 2003.
ATTEST:
KARR S. iii.HOITS, DAC
City Clerk
:;' 1
%,)1
1 f v'1 A
Mayor
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1 Contracting Organization: Yakima Police Department (hereinafter "Contractor")
2. Address: 200 South 3rd Street, Yakima WA 98901
3. Phone: (509) 576-6343
4. Contact Person: Officer Reynaldo Garza
5. Title of Service or Program being Funded: Yakima Police Athletic League
6. Amount of Contract Award: $30,000 (CDBG)
eRa 23
7. The term ofhis Contract shall commence upon execution hereof and shall terminate at
midnight /0/7/2'/ , unless sooner terminated by either party in accordance with Section
XXII of incorporated Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto shall be subject to and
governed by the following:
1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this
reference; and
2) Operating budget including sources and uses statement, work plan and all attached
hereto as Exhibit "B" and incorporated herein by this reference.
3) City of Yakima Resolution No.2003-123 , a copy of which is attached hereto as
Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of project described in
Exhibit B, Contractor/Subcontractor lien releases, and satisfaction of all contract terms and
conditions as stated in Exhibit "A" and Exhibit "C".
This written document and incorporated exhibits constitutes the entire Contract between the parties.
IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated
below.
Willie Cook, CSD Directorti -
ontractor
Title:
ATTEST:
City Clerk:
City Contract No.: �ao3-9-Z
X0/7/03
Date /
/0/7 / 0
Date
EXHIBIT "A"
TERMS AND CONDITIONS
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 Contractor to undertake,
and the Contractor 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 (ONDS) shall furnish the
Contractor with written notice to proceed upon release of funds from HUD related to
the project pursuant to 24 § CFR Part 58.
B. AMOUNT OF GRANT
The City hereby sub -grants to the Contractor $30,000 for said project.
III GENERAL BUDGET PROVISIONS
The Contractor 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 Contractor or obligation of
the Contractor 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 summaries, 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
OMB Circular A — 87 "eligible costs" and come within the Project Budget.
3. The contractor agrees to comply with 24 § CFR 610, Uniform Administrator
Requirements and Cost Principles. Contractors are to comply with policies,
guidelines, and requirements of 24 § CFR part 85 and OMB Circular A-87, A-
110, A-122, A-133 (implemented at 24 § CFR part 45), and A-128
(implemented at 24 § CFR Part 44), as applicable. The applicable section of
24 CFR Parts 84 and 85 are set forth at 24 § CFR 570.502.
B. No payment shall be made for any service rendered by the Contractor 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. 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
Contractor prior to the Contractor incurring any expenditures against the
Page 2 of 14 09-25-03
revised budget sub -object categories.
2. When the revision of the Contractor budget does not exceed ten percent (10%)
of an approved budget sub -object category, the Contractor must submit a
revised budget to the City of Yakima ONDS prior to the submittal of claims
against the budget.
IV COMMENCEMENT OF WORK
The City of Yakima ONDS shall furnish the Contractor 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 ONDS.
V BILLING PROCEDURES
A. The Contractor shall submit monthly written claims for reimbursement of services
performed under this contract in the manner prescribed in paragraph III above, and as
prescribed by the City of Yakima ONDS.
VI 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.
VII BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus at the
end of the project within the budget of this Contract will be subject to cancellation by the City of
Yakima ONDS and may be negotiated if they are to be included in future Contracts. Assets
purchased with CDBG funds shall continue to be used in accordance with its original purpose
as provided in 24 CFR § 570.503 (b)(8).
VIII COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, 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 CDBG Regulations including the uniform administrative
requirements listed in 24 CFR § 570.502, and in 24 § CFR 570, subpart K., and other
policies and guidelines established by the City of Yakima ONDS.
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 (570.608) Prevention Act, 42 USC Section
4831 et seq., and HUD regulations implementing the Act, 24 § CFR Part 35,
where, residential structures are involved.
The Contractor shall provide whatever assistance is necessary to enable the
City of Yakima's Building Official to carry out its inspection and certification
responsibility under the regulations including but
not limited to 24 CFR § 570.608.
Page 3 of 14 09-25-03
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 Section 1857 et seq; Water Pollution
Control Act, as amended, 33 USC Section 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 1701 u) 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 Sections 327-333,
(Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW
Chapter 3 —12 (Prevailing Wage Rates).
9. 24 CFR part 84, 85 and OMB Circular A-87, A-110, A-122, A-128, and A-133
as specified in 24 CFR § 570.502
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, and Contractor 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 Contractor, the County, and the United States are
beneficiaries of and entitled to enforce such covenant. The Contractor, 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. Age Discrimination Act of 1975 (24 CFR § 146).
13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1).
14. Housing Quality Standards (24 CFR § 882.109)
15. WBE/MBE (24 CFR § 85.36 (e)
16. ENVIRONMENTAL REVIEW
A. NEPA
As specified in 24 CFR 570.503(b)(5)(i) and (ii), the City of Yakima
ONDS retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under
which the City of Yakima ONDS may require the Contractor to furnish
Page 4 of 14 09-25-03
data, information and assistance for the City's review and assessment
in determining whether the City must prepare an Environmental Impact
Statement.
B. SEPA
The Contractor retains responsibility for fulfilling the requirements of
the State Environmental Policy Act and regulations and ordinance
adopted thereunder.
C. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the Contractor
under this Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State Environmental
Policy Acts.
IX NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor 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. 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 Contractor 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.
X NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR § 92.352), and 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;
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 Contractor 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 Contractor shall take
Page 5 of 14 09-25-03
such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
XI LICENSING AND PROGRAM STANDARDS
The Contractor 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.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as to
ensure compliance by Contractor with this Contractor agreement, with the CDBG
Compliance Documents, and with all other laws, regulations, and ordinances related to
the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary for
its effective fulfillment of its monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the United
States, or any of their authorized representatives, and shall permit City, HUD, the
Comptroller General of the United States, or any of their authorized representatives to
audit, examine, and make excerpts and/or copies of same. Contractor records shall
include, but shall not be limited to, the following: payroll, personnel and employment
records; procurement bidding documents; contracts; sales closing statements; and
invoices.
C. The Contractor 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.
XIII 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.
XIV ASSIGNMENT AND/OR SUBCONTRACTING
The Contractor 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.
XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. In order to comply with 24 CFR 570.503(b)(2), the Contractor agrees to provide project
line item draw requests, annual verification of rents, annual audited financial statement
to compare income and expenses, records, documents and accounting procedures
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 Contractor further
Page 6 of 14 09-25-03
agrees that the City of Yakima ONDS 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 Contractor shall retain all books,
records, documents and other material relevant to the Contract for seven (7) years
after settlement of this Contract. The Contractor 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.
B. The Contractor agrees that any contributions or payments made for services furnished
under this Contract shall be used for the sole benefit of this program.
XVI 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.
The Contractor 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 CDBG 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 Contractor 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 Contractor. 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 Contractor 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 approval of the City of Yakima
ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the Contractor,
title to which is vested in the City of Yakima ONDS 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 ONDS or federal
government, the Contractor agrees to execute such security agreements and other
documents as shall be necessary for the City of Yakima ONDS 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 RCW Chapter 62A.
9. The Contractor shall be responsible for any loss or damage to the property of the City
of Yakima ONDS or federal government (including expenses entered thereunto) which
Page 7 of 14 09-25-03
results from negligence, willful misconduct, or lack of good faith on the part of the
Contractor 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 ONDS or federal government in like condition to that in which condition the
property was acquired by purchase, fair wear and tear accepted.
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city relationship will be created by this
Contract. The City of Yakima ONDS is interested only in the results to be achieved, the
implementation of services will lie solely with the Contractor. No agent, employee, or
representatives of the Contractor shall be deemed to be an employee, agent, servant or
representative of the City of Yakima for any purpose, and the employees of the Contractor are
not entitled to any of the benefits the City of Yakima provides for City Employees. The
Contractor 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.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social security
tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Contract. In the event the City is assessed a tax or assessment as a result of this Contract,
Contractor shall pay the same before it becomes due.
XIX QUARTERLY REPORT
The Contractor agrees to submit a written quarterly report outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima.
XX INSURANCE
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the Contractor
and/or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the Contractor shall provide the City
with a certificate of insurance as proof of liability insurance in the amount of One Million
Dollars ($1,000,000.00) that clearly states who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder" shall be deleted).
Said policy shall be in effect for the duration of this Contract. The policy shall name
the City, its elected officials, officers, agents and employees as additional insureds,
and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written notice (any language
in the clause to the effect of "but failure to mail such notice shall impose no obligation
or liability of any kind upon the company" shall be crossed out and initiated by the
insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor shall
provide the City with a certificate of insurance as proof of commercial automobile
liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number, and when the
Page 8 of 14 09-25-03
policy and provisions provided are in effect (any statement in the certificate to the
effect of "this certificate is issued as a matter of information only and confers no right
upon the certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Contract. The policy shall name the City, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice (any language in the clause to the effect of "but
failure to mail such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The insurance
shall be with an insurance company or companies rated A -VII or higher in Best's Guide
and admitted in the State of Washington.
D. WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by the Workman's
Compensation Act of the State of Washington. Evidence of the contractors workers'
compensation coverage will be furnished to the City. The contractor holds the City
harmless for any injury or death to the contractor's employees while performing this
Contract.
E. INSURANCE PROVIDED BY SUBCONTRACTORS
The Contractor shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance
requirements.
XXI INDEMNIFICATION AND HOLD HARMLESS
All services to rendered or performed under this Contract will be performed or rendered entirely
to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold
harmless the City of Yakima and all of its officers, agents, employees and elected officials from
any and all liability, loss, fines, penalties 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 judgments against the City of Yakima which result from, arise out of, or are in
any way connected with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XXII CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City of
Yakima ONDS may pursue such remedies as are legally available including but not limited to,
the termination of this Contract in the manner specified herein. In accordance with 24 CFR §
85.43 and 44.
A. TERMINATION FOR CAUSE
If the Contractor 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 ONDS deems continuation of this Contract
to be substantially non -beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as directed by
the City of Yakima ONDS or its authorized representative within the time
specified by same;
3. The Contractor has failed within the time specified by the City of Yakima
Page 9 of 14 09-25-03
ONDS or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore and the
effective date provided such effective date shall not be prior to notification to the
Contractor. 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.
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 ONDS 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 ONDS
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 ONDS 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
Contractor or its representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed
reduction in funding by Federal or other officials. The Contractor 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 Contract may further be terminated by the City of Yakima upon written demand by
the City of Yakima ONDS 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 Contractor, the City of Yakima shall make or
arrange for payment to the Contractor of allowable reimbursable costs not
covered by previous payments.
2. The Contractor 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 ONDS retains the right to withhold a just and
reasonable sum from the final payment to the Contractor after fully considering
the recommendation on disallowed costs resulting from the final audit.
XXIII COVENANT AGAINST CONTINGENT FEES
Page 10 of 14 09-25-03
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 ONDS 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.
XXIV CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. In accordance with 24 CFR § 570.611, no member, officer, or employee of the City of
Yakima, or the contractor, 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 exercise 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 CDBG funded program
B. Terminate 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.
C. 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.
XXV RIGHTS IN DATA
The City of Yakima ONDS 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, 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 ONDS, 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 ONDS, 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 ONDS shall have the right at any time to modify, remove, obliterate,
or ignore such markings.
XXVI 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:
Page 11 of 14 09-25-03
1. Appropriate provisions of state and federal statutes and regulations including HUD
CDBG 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,
(Exhibit B),
4. City of Yakima Resolution No. 2003-123 (Exhibit C), and
5. 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.
XXVII GOVERNING LAW
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 agreed by each party hereto
that this Contract shall be governed by laws of the State of Washington, both as to
interpretation and performance.
XXVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of
Washington for Yakima County, Washington.
XXIX 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.
XXX 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.
XXXI PROGRAM INCOME
Program income, if any, shall be retained by the contractor. 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. Program income is to be used as specified in 24 § CFR 570.503(b)(3)
and 24 § CFR 570.504(c).
Page 12 of 14 09-25-03
YAKIMA POLICE
ATHLETIC LEAGUE
APPLICATION FORM
RECEIVED
Jul- 0 9 2003
OFFICE OF NEIGHBORHOOD
ENT
Subject: 2003 COMMUNITY SERVICES REQUEST FOR PRA SERVICES
OFFICER: REYNALDO GARZA
DATE: i/</0�
A.) PROPOSAL SUMMARY/PROJECT ABSTRACT
The Yakima Police Athletic League was formed as a public benefit corporation under the Washington
Nonprofit Corporation Act. The corporation is organized and shall be operated exclusively for charitable
purposes including:
1) Sponsorship of amateur athletic and non -athletic programs to offer opportunities to
youngsters for constructive and satisfying use of leisure time; and
2) Promotion of both police personnel and parental involvement in the corporation's
programs in order to foster wholesome relationships between the youngsters and adults
participating in these programs.
Y.P.A.L. is a sport oriented, crime prevention program that relies on athletics, educational and
recreational activities to form a bond between police officers and the youth of the community. This
relationship will help prevent gang violence and other criminal activity in our city. All programs in the
P.A.L. activities will be run by police officers themselves. Y.P.A.L. is a member of the National
Association of Police Athletic League. Y.P.A.L. has been awarded a $25,000 grant through that
organization to help make expenditures related to PAL chapter start-up costs.
The purpose for which this corporation, a nonprofit charitable organization, is formed are; To develop
character and usefulness of its members and to improve the mental, social and physical condition of
young men and women; to promote ability of youth to do things for themselves and others; tb train them
in athletics and to teach them self reliance, cooperation with others and kindred virtues.
B.) ASSESSMENT OF NEED/PROBLEM STATEMENT
The Yakima area youths need an after school facility that offers structured recreational activities,
increasing a youths sense of belonging in his/her community and increasing a youth's opportunities for
after school activities. This program will provide youth's between the ages of 7 and 17 a safe haven to
avoid the influence of gangs and criminal activities. The characteristics of the population to be served
will include youth being of limited English proficiency, living in poverty, youth's that have been
involved in the criminal justice system, involved in/or being recruited into gang related activities,
involved in/or experimenting with illegal substances and alcohol, youth who have little or low parental
involvement due to the fact they are from single parent -household, and/or family with language, cultural
and social barriers, but not limited to them, all youth's wanting in will be welcomed.
In 2001, Yakima County's juvenile probation performed 785 risk assessments. An outstanding fifty-one
percent of those juveniles are at a high risk to re -offend criminally. Some of the common risk factors
contributing to this high number of re -offenders are the fact that juveniles feel they have no one they can
trust in the community or a place to go during non -school hours. 2001 statistics show that the eighty-two
percent of the juveniles assessed committed their first crimes between the ages of twelve and fifteen.
The statistics also show that The Yakima Police Dept. experiences its highest volume of calls between
the hours of three and six in the afternoon.
Another big concern that we are looking at is one of the programs that are currently open for our youth's
may be closing. Without another program like the one we are proposing would be very damaging, not
only to our youths but also to our community.
C.) PROGRAM GOALS AND OBJECTIVES
1. GOALS
The Y.P.A.L. is going to target the relationship between the youth and police and build a
solid bond. Y.P.A.L. is looking at a facility in the Northeast side of Yakima. Almost 100
percent of our youth gangs reside in the eastside and central districts of Yakima. The eastside
of Yakima consists of mostly low-income families and the gang presence is evident with
graffiti throughout this area. This area accounts for thirty-nine percent of the 11,000 reported
incidents in Yakima, and juveniles account for twenty-eight percent of the 6,417 total arrests.
Most juveniles in this area leave school and go home to no parental supervision. The non -
school hours breed the opportunity for unsafe acts by unsupervised youth. The Y.P.A.L. will
hopefully be located in this area and will be easily accessible by the targeted youth of this
community. The targeted ages for P.A.L. are ten to seventeen, but it will support youth as
young as seven. The facility to be utilized will reach over 2,100 youths in its surrounding
school district and is located near a city transit line.
The entire objective is to give youths a reason to stay out of trouble and be productive
citizens of our community, and to let them know that police officers are here to not only to
enforce the law but also to make sure our youths succeed in life.
2. OBJECTIVES
The Yakima P.A.L. will offer activities during non -school hours that will develop both
academic and social skills. P.A.L. is to be an after school safe haven for children between the
ages of 7-17.
All scheduled activities will be geared to improve self-esteem and to build leadership
characteristics for girls and boys, and to improve the relationship between police officers and
juveniles. P.A.L. will offer activities that will keep youth off the streets and prevent crime.
P.A.L. will function with athletics as the primary source of entertainment with a strong
influence by professional police officers and volunteers as mentors and role models.
D.) METHODOLOGY
Boys and girls from the targeted group will be mentored and developed via participating in scheduled
and supervised activities including basketball, boxing, karate, bible study and wrestling. Other
activities will be added as the organization and resources will allow such as dance, handball, golf,
soccer, theatrics, police explorers and other faith -based programs. PAL desires to build a tutoring
program that will help with student's performance in the classroom.
The activities mentioned above will be supervised and lead by police employees and community
volunteers. Police officers will be in full uniform unless the activity requires other attire. In those
cases, police officers will still be required to wear specific attire that will allow them to perform the
activity they are involved in while still maintaining an unmistakable police officer presence. The
purpose for maintaining a police presence is to maintain structure and develop solid relationships
between youths and officers based on respect and trust. Officers will at all times conduct themselves in
the most professional manner possible with consideration given to the age and development of the
youth(s) being mentored.
The officers involved with Y -PAL will only be those who have volunteered to work within the
guidelines of PAL and who have demonstrated a desire to mentor youth. The youth involved with PAL
must at all times see that the officers teaching, coaching or mentoring them care for them and have
their best interests in mind. The best way to assure that is to only involve officers with PAL who have
come forward expressing their desire to work with the youth of our community.
E.) EVALUATION
Yakima is in the process of building a new Senior Center and the City is looking for a non-profit
juvenile program to take the place of the old center. The current Senior Center is approximately 10,000
square feet and borders a city park. The center also has it's own outdoor basketball court and is adjacent
to a city pool. This building will become available at the end of this year. The groups we have partnered
with will allow us to use their facilities while construction of the new center is under way. Y.P.A.L. has
already been in the process of looking into purchasing equipment that will be used by youth members.
We also have been contacting members of the community for support of our program, which has been a
positive response. A few programs are getting started this summer at other sites just to get P.A.L. going,
so the plan has already been implemented and is on its way.
The Yakima police Department has a history of working with and mentoring youth. The department has
had an explorer Post (#275) since 1988. The explorer program is open to youth between 16 and 21 years
of age. Currently the post is comprised of 16 Explorers. In 2002 the Yakima Police Department
celebrated its 10 -year anniversary of teaching DARE. The department has been working with students of
the 3rd and 5th grades. During the summer of 1993, the Yakima Police Department implemented the
Summer Park Patrol Program. The department hires four youth who must be 18 years of age or older to
patrol the city parks and riverfront Greenway, observing and reporting any criminal or suspicious
activity they may witness during the summer months. In 1995 the Yakima P.D. partnered with the
Yakima School District. Three School Resource Officers are now assigned to two high schools and one
middle school.
As you can tell, The Yakima Police Department has been involved with the youth in a positive role for a
long time. Y.P.A.L. will further enhance the department's outreach to a larger and more diverse group of
young people. Numerous officers have already committed themselves to the program. Everyone is
looking forward to implementing this program. We all know it will be a great success with the help of
this grant and support of the community.
The National Police Athletic League has been in existence since 1910. It started with the dream of one
police officer in New York City and has grown to the nation wide organization of today. It has been a
great influence on numerous youth throughout its existence all over our great nation of ours. Several big
name celebrities and athletic super stars started in P.A.L.
F.) COMMUNITY INVOLVEMENT
Grant funds as well as public and private resources, will be utilized to support The Y.P.A.L. Program.
Coordinator who will be responsible for administering and coordinating the activities of the proposed
youth recreational center. These duties will also include recruitment of law enforcement officers and
representatives, parents and community volunteers. The management plan will include all the necessary
management elements and control functions to ensure an effective and efficient program. Assurance of
on-going activities will be based on long-term planning and establish a governance structure, which will
consist of the community working together as a cohesive group to identify common needs, to
strategically seek out resources and to obtain additional resources to meet those needs.
One of the community's involvements with the program will be a citizen's advisory board. The board
will be made up of citizens and officers. This board will look into what the program is doing and what it
is looking to do in the future. The board will also look at what is happening in the program.
Y.P.A.L. has a strong support within the community. Several organizations have already advised they
would be willing to support our program. The Yakima Farm workers Clinic have offered their services
and will provide the youth participants with sports physicals at a very minimal fee. Several local
churches have also stated they would be willing to support the program in different ways. Northwest
Community Action Center has also given their support of the program. OIC has stated they would be
willing to let P.A.L. use their gym until we get the building we obtain a facility. We are in the process at
this time in getting other groups to commit to P.A.L. Yakima Parks and Recreation has stated they
would be backing the program. Several citizens have already contacted us willing to coach, teach and
help at the center because they stated Yakima needs a program like P.A.L.
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
RFP FOR COMMUNITY SERVICES
BUDGET SHEET FOR 2003
ORGANIZATION:
PROJECT:
Expense
Categories
YAKIMA POLICE ATHLETIC LEAGUE
CDBG Funds State, Federal Applicant Share Total
or Private Funds (Cash/In-Kind)
Personnel
$8,000
$10,000
$18,000
Fringe Benefits
Travel
Equipment
$8,200
$11,000
$15,000
$34,200
Supplies
$1,000
$2,595
$3;595
Contractual
$15.000
$15,000
Other
(Specify)
utilities
$7,500
printing
$995
$8,495
1.
insurance
$2,300
$2,700
$5,000
2.membership
dues
$3,000
$1,000
$4,000
Total
$30,000
$33,290
$25,000
$88,290
G.) Budget Narrative
YPAL will staff a program director that will work 20 hours a week. YPAL intends to
provide a paid program director for two years. YPAL will pay the program director
eight dollars an hour to compensate him/her for their time. No fringe benefits will be
offered for the program director or any of the YPAL volunteers.
YPAL recently purchased $17,000 worth of recreational equipment for the program.
With in-kind contributions, YPAL has in excess of $25,000 worth of equipment.
YPAL would like to sponsor its own youth teams and will need more equipment to
manage these teams. YPAL is looking to sponsor girl's fast pitch softball, boys and
girls soccer and many other sports and we need additional equipment to accomplish
this. YPAL needs soccer goals, softball equipment, volleyball equipment, basketball
goals and other equipment to sponsor these youth teams. YPAL realizes its targeted
youth is from low-income families and parents may not be able to provide the youth
with the required equipment to participate in sports. YPAL would like to provide the
proper equipment for each player on the sponsored youth teams.
YPAL is to be a safe haven for juveniles during non -school hours. Arts and Crafts,
and bible study will also be provided as an alternative to athletics. Currently YPAL
has no supplies to accommodate these activities. YPAL needs to purchase bible study
materials, easels, painting supplies, cabinets, desks, tables and other arts and crafts
supplies.
YPAL may acquire a city building in northeast Yakima. If this building is acquired
money will be required to pay for the utilities. The juvenile probation department has
offered the services of their offenders to provide maintenance of the building as their
community service hours. If acquired the Northwest Community Action Center has
offered to establish a site within the building and share in the cost of utilities. The
Building will not be available until January of 2004 and monies will be needed to
assist with the initial cost of utilities. YPAL will also partner with other non-profit
corporations to assist in utilizing the proposed building and sharing in the cost of
utilities. When this site is acquired YPAL will provide services for hundreds of the
targeted youth who reside in northeast and central Yakima. 100 percent of our youth
gangs reside in Eastern and central Yakima. This location will support those youth
and is also located near a city transit line, and is adjacent to a park and swimming
pool.
YPAL currently paid $2300 for insurance coverage. This coverage covers an
unlimited amount of members and volunteers. YPAL is requesting funds to support
the same coverage next year when the current insurance coverage expires. YPAL is
fee based, but realizes that some youth cannot afford the membership dues. In these
instances YPAL is requesting money to sponsor those youth who cannot afford the
membership fee.
H.) Leveraging and Partnerships
YPAL is staffed by volunteers and requires no money for payment of staff. YPAL
will staff a program Director for the first two years, and will replace the program
director with interns from Yakima Valley Community College in the years that
follow. YPAL is a fee-based program that also relies on grants and community
donations. YPAL belongs to the National Association of Police Athletic Leagues,
which offers yearly grants to chapters around the nation. YPAL received its first
yearly grant in April of 2003 and it will be followed up by other grants from the
National program. The board members actively search for youth oriented grants to
maintain the finances of YPAL. YPAL has established a fundraising board to
organize and host fundraising events to support the program.
YPAL has partnered with several organizations including the YMCA, Southeast
Community Center, Northwest Connnunity Action Center and Boy Scouts of
America, to provide year around services to the youth of Yakima. The Wilkinson
Corporation has also volunteered their services to assist YPAL. YPAL has
partnered with a local boxing organization and it has donated it's equipment and
services to the YPAL program. Several churches have also volunteered their
facilities to the program and YPAL is currently conducting its submission wrestling
at the Trinity Nazarene church and basketball at the OIC gym.
YPAL will continue to use city parks and other donated facilities to host events and
provide after school activities for the youth of Yakima.
EXHIBIT "C"
(RESOLUTION)
RESOLUTION NO. R-2003- 123
A RESOLUTION authorizing and approving a total of $75,000 in grant requests to be funded
from Federal Community Development Block Grant (CDBG) funds for
community service projects in Yakima, Washington, and authorizing and
directing the City Manager to execute all necessary contracts, between the City
of Yakima and each of the approved community service agencies/entities.
WHEREAS, the City of Yakima is a recipient of 2002 Federal Community Service Block
Grant (CDBG) funds, which may be used, among other things, for qualifying community service
projects; and
WHEREAS, vanous non-profit agencies and entities have requested project funding from
CDBG program; and
WHEREAS, after review and evaluation of these project funding requests, the Neighborhood
Development Council Sub -Committee recommends that the City Council approve and authorize
$75,000 in CDBG funds for the following:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. Grants totaling $75,000 in CDBG funds are hereby authorized and approved for the
following Community Service Projects:
• $ 4,600 to Campfire USA for Barge for Lincoln Mega Club project
• $16,934 to Yakima School District for Davis Library after Hours project
• $23,466 to La Casa Hogar for Leadership Capacity Building project
$30,000 to Yakima Police Athletic Department for Youth Athletic and Non-
athletic programs project
2. The City Manager and the City Clerk are hereby authorized to execute all necessary
contracts approved as to form by the City Attorney between the City of Yakima and the
above listed applicants, for total allocation of $75,000.
f//
ADOPTED BY THE CITY COUNCIL this /l0 day of , 2003.
fp t t
Mayor
ATTEST:
i i KAMEN S. i) R3 T S, CMC
City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of September 16, 2003
ITEM TITLE: 2003 Community Service Projects with CDBG funds
7
SUBMITTED BY: . i ° obabe, Office Of Neighborhood Development Services
CONTACT PERSON/TELEPHONE: Bill Cobabe, Neighborhood Development Manager
(509) 575-6101
SUMMARY EXPLANATION: Each year the City of Yakima funds a variety of Community
Service Projects with CDBG funds. After the Request for Proposals (RFP), this year's
applications were evaluated by the Public Service Evaluation Committee and then approved by
the Council Neighborhood Development Sub -Committee. A selection of projects is now
forwarded to the full Council for consideration and approval. Recommended funding as follows:
Applicant
Campfire USA
Yakima School Dist
La Casa Hogar
Yakima Police Athletic League
Project
Barge -Lincoln Mega Club
Davis Library after Hours
Leadership Capacity Building
Youth Athletic -Non -Athletic Programs
Total
$Amount
$ 4,600
$16,934
$23,466
$30,000
$75,000
This resolution would authorize and direct the City Manager and the City Clerk to execute all
necessary contacts (as written by City Legal), between the City of Yakima and the above listed
applicants, for total allocation of $75,000.
Resolution X Ordinance
Other (Specify) Contract
Mail to (name and address): Phone:
Funding Source
ONDS: CDBG Community Service (RFP) Funds
APPROVED FOR SUBMITTAL:
City Manager
STAPP RECOMMENDATION:
Approval
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-123