Loading...
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. th ADOPTED BY THE CITY COUNCIL this 16 day of September , 2003. ATTEST: City Clerk ,79.,da_ Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Camp Fire USA Roqanunda Council (hereinafter "Contractor") aV38'7 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: #C(*te: �L ATT T: City Clerk: City Contract No.: aaa3 -79 1i 1 Dat /0/7/0 3 Date lair/o3 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 $ 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 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 (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 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 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. =z=ui nLA8E1 -iA=c=u1u111A8Elf0 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. ® ua ♦4*ado ATZO-rWOd414PD4-}#TOTMo♦ ®iQaTOtufww 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