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HomeMy WebLinkAboutR-2003-152 2004 Annual Action PlanRESOLUTION NO. R-2003- 152 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to submit an Annual Action Plan to the United States Department of Housing and Urban Development. WHEREAS, the City of Yakima receives Community Development Block Grant funds through the United States Department of Housing and Urban Development and is required to file an Annual Action Plan each year as part of the Consolidated Plan; and WHEREAS, the Annual Action Plan is developed using a citizen input process, under the direction of the Yakima City Council; and WHEREAS, the Annual Action Plan includes the 2004 Community Development Block Grant (CDBG) and HOME budgets, activities and expenditures as projected by the Office of Neighborhood Development Services; and attached hereto; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to submit the Annual Action Plan to the United States Department of Housing and Urban Development as required by federal regulation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized to execute the CDBG and HOME application documents, including certifications and submit them to United States Department of Housing and Urban Development as required by the Consolidated Plan. The City Manager is hereby designated as the official representative of the City of Yakima to act in connection with the application and the Annual Action Plan. ADOPTED BY THE CITY COUNCIL this 16th day of December , 2003. ATTEST: City Clerk City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan CDBG EXPENDITURES Key: 2004 ADOPTED BUDGET Eligible Categories: Programs within Those Categories Sub -sets of Programs (Activities) I. Economic Development Jobs 570.203 (b) A. ClientLogic 142,500 II. Community / Public Services 570.201 (e) A. Services - Economic Development (Educational / Training) 1. Downtown Development 35,500 2. Business Development Training / Workshops 26,000 B. Services - Community / Public 91,822 IV. CDBG Single Family Housing 570.202 (b) A. Senior & Disabled Rehab 153,500 B. Exterior Paint 30,000 C. Lead -Based Paint Abatement 570.202 (f) 31,000 D. Professional Svcs: ie, property transfers, legal, etc 36,045 V. CDBG Interim Assistance 570.201 (f) (1) (ii) A. Neighborhood Cleanup Campaigns 21,500 B. Street & Alley Cleanup (Dept of Corrections) 5,300 C. Graffiti Abatement 28,579 VI. Infrastructure 570.201 (c ) A. Irrigation - 308 * 222,500 B. Other 1. Fruitvale Water & Wastewater Connections 24,000 2. Hathaway & N 30th Avenue Area Water & Wastewater 3. Sidewalks 50,000 vu. Public Facilities 570.201 (c ) A. Community Center (Renovation & Support) 62,834 VIII, Affirmatively Furthering Fair Housing (HUD requirement) 507.201 (k) 16,212 viii. Salaries / Benefits for Grants Writer (90% = $59,074) 570.206 (f) and Code Compliance Officer (100% = $50,166) 570.202 ( c ) Code Administration Permit Technicial (64% = $26,662) 570.202 (c) 135,902 Proposed Program Delivery Costs for CDBG - Other Delivery Costs: Proposed Planning/Admin Costs for CDBG - Sal / Benes & Other Admin Costs: Volunteers for Program Delivery: hundreds of hours / thousands of $'s worth: 50,000 276,806 Grand Total Estimated 2004 CDBG Budget Expenditures 1,440,000 Each line includes Program costs and Program Delivery Costs * Any unallocated dollars to Irrigation - 308 not used in 2004 will be used in other infrastructure activities. 12/11/2003 mag City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan HOME EXPENDITURES All activity is eligible under 92.205 (a) (1) Key: Categories: Programs within Those Categories 2004 ADOPTED BUDGET Eligible I. First -Time Homeowner Assistance (up to $30,000 each = 3) 146,000 II. Down Payment Assistance (up to $6,000 and $4,000 each) 154,000 III. HOME Single Family, Owner -Occupied A. Rehab Revolving Loan (up to $30,000 each = 2) 125,000 B. Senior & Disabled (up to $5,000 each = 6) * 60,000 C. Professional Services: ie, property transfers, legal, etc. 12,875 197,875 IV. Community Housing Development Organization (CHDO) 123,125 (HUD Requirement, 15% of HOME dollars) Proposed Administration Costs for HOME - Salaries / Benefits & Other Admin Costs: 66,500 Grand Total Estimated 2004 HOME Budget Expenditures 687,500 Each line includes Program costs and Program Delivery Costs * If qualified homes are not found, these dollars will go towards Down Payment Assistance. 12/11/2003 mag City of Yakima Office of Neighborhood Development Services (ONDS) Community Development Block Grant (CDBG) and HOME Investment Partnerships 2004 Annual Action Plan December 16, 2004 OVERVIEW This document constitutes the City of Yakima 2004 Annual Action Plan for the use of funds for two federal programs. Congress created the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs with the primary purpose of providing assistance to persons of low or moderate income. The City of Yakima (City) participates in these programs as an entitlement community. This means that we receive this funding directly from the U.S. Department of Housing and Urban Development (HUD). The amount of funds the City of Yakima receives each year is determined during the Federal Budget process and according to a formula described in federal law. (Estimates of the amounts expected to be received are contained in the budget portion of this document.) Federal laws and regulations guide expenditure of these funds. The Yakima City Council makes final determination of the use of CDBG and HOME funds. Oversight of the investment of the funds is through the City Office of Neighborhood Development Services. The same law that created the program also provides for a specific planning process that must be followed to determine how best to invest these funds. This process requires broad opportunities for public input from as many sources as practical, as well as coordination with adjoining jurisdictions, and other public agencies and non-profit organizations that have similar missions. This public process helps assure a carefully balanced approach, one that helps meet as many priority community needs as possible. Unfortunately, the limited amount of these funds received also means that few if any needs will be entirely met exclusively with CDBG and HOME funds. This fact makes leveraging of these funds with other sources another important part of the planning process. When Congress authorized the CDBG and HOME programs, it outlined specific activities that are eligible for funding, and other things that are not eligible. Some uses are limited to a specific maximum percentage of the City's annual entitlement; others are limited to a specific minimum. The law also recognizes the need for a balanced use of the funds. It states in part, "the nation's cities face critical social, economic, and environmental problems". The law also observes that these problems stem from inadequate public and private investment in housing and other physical facilities, and related public and social services. This leads to the three -fold purpose of the programs: to develop "viable urban communities, by providing decent housing, a suitable living environment, and expanding economic opportunities principally for persons of low and moderate income." The approach to investing these funds as detemiined by the City Council has traditionally recognized the need to balance funding for each of these three goals; this year is no exception. 2 THE PLANNING PROCESS Federal regulations require entitlement communities such as Yakima to prepare both long-term and short-term plans. The long-term plan is referred to as the Consolidated Plan; it covers a 5 - year period. The short-term plan is called the Annual Action Plan. Functionally, the Action Plan is a subset of the Consolidated Plan, which sets long-telin goals and strategies while the Action Plan implements specific steps, programs, and actions to accomplish the goals of the plan. In fact, in order to be eligible for funding each activity must address a specific need as identified in the Consolidated plan. The one-year Action Plan for 2004 is the last of the current Consolidated plan; we will be writing a new 5 -year plan in 2004 to cover the period from 2005 through 2009. Additionally, the law provides that CDBG expenditures must address one of three national objectives: 1. Benefit to low/moderate income persons 2. Prevention of slum or blight 3. Urgent health or welfare community needs (emergencies) So in the process of planning activities or projects, it is necessary to make sure one of the three objectives is met. The law also delineates specific categories of eligible activities, and several prohibited activities. All activities must address one of the goals of the Consolidated Plan, meet a national objective, and be identified as an eligible activity. Another emphasis has recently been added, as directed by Congress: all activities must be able to demonstrate a specific quantifiable benefit to local citizens. While the requirement is an attempt to move toward better accountability for the use of funds in all federally funded programs, just what this will mean and how we will implement it remains somewhat unclear. As we gain better understanding of how to comply with this new mandate we will take the necessary steps to assure compliance. The goals identified in the 2000 through 2004 Consolidated Plan are: • Housing • Infrastructure • Youth Programs and Community Services • Economic Development All 2004 programs will meet the benefit to low and moderate income persons, as well as one of the Consolidated Plan Goals. On the basis of Census 2000 data, the entire City qualifies under the low/moderate income area benefit designation. However, specific areas of service for individual projects will be identified in this plan. In addition, the description of each activity will cite the eligible activity and refer to the portion of the regulation that authorizes it. Finally, we will attempt to outline, for each activity, how we will measure its success. The Annual Action Plan must also contain: • A list of activities to be undertaken (Programs and Activities) • Resources to be used (Budget) 3 • Reference to coordination with the Housing Authority when relevant • Standard Form 424 (Application for Federal Assistance CITIZEN INPUT HUD regulations call for a minimum of two public meetings during the development of the Action Plan. The first is held early in the process, and is intended to provide an opportunity for local citizens to make suggestions about the use of CDBG funds during the coming year. The second meeting is to be held after the draft version of the Plan has been written, and allows people to comment on the final proposal. All comments must be responded to, either during the meeting when the comment is made, or in writing at a later time if the comment cannot be adequately addressed during the meeting. It may not be possible to implement all suggestions. If this is the case, there must also be an explanation of the reason for not implementing the suggestion. In all cases the Yakima City Council makes the decision regarding allocation of CDBG and HOME funds. The City of Yakima has made a significant commitment to the idea that the Public Input process must be the paramount component in the planning process in order to ensure good outcomes for all of it programs. The Citizen Input Process for developing the 2004 Annual Action Plan involved more than the minimum number of meetings and discussion with Target Area residents. A total of 9 meetings were held, with a total combined meeting time of more than 20 hours of intense public discussion. Nearly 40 people attended some of the first meetings; there were close to 20 still participating by the conclusion of the process. This represented a significant increase in participation over past years. A consultant was hired to facilitate the initial meetings. The intent in doing this was to address the possible concern that City staff might be seen to influence or control the process and input. During the first meetings, those attending were divided into small groups, each with a trained volunteer facilitator. Each group first identified areas where they felt CDBG funds could be used to address target area concerns. Then they were asked to identify specific programs that could be used to meet these needs. At the third meeting, based on the earlier discussions, a vote was taken: each person in attendance at the meeting had the opportunity to participate in selecting activities in two ways. First they were given a blank pie chart and were asked to indicate, by dividing the pie what amount of the total should be expended in the areas of concern previously identified. Then they had the opportunity to vote, by placing up to four dots on large posters. Each person in attendance had one dot for a first choice, and other dots for each of their second through fourth choices. The results of the voting were then tallied, and at the fourth meeting a proposed budget, based on these scores, was presented by staff. This served as a starting point for continuing discussion of current ONDS programs, as well as staff and delivery costs. At the conclusion of this process a consensus budget was arrived at. This budget varied somewhat from the original budget produced as a result of the voting. It should be noted that the attendance at the meetings dropped off during the process. 4 During the meetings, citizens expressed concerns about many different issues. Careful notes were kept and most of the meetings were videotaped. The consultant prepared a summary, which was reviewed at the beginning of the next meeting. A copy of the final summary document prepared by the consultant is attached. It was ultimately agreed that the budget contained in this document represents a reasonable compromise. There was also a commitment by City staff that some of the issues or concerns would be further addressed during the upcoming process of writing a new 5 -year Consolidated Plan. It is important to note that, while many more people attended several more meetings than in prior years, there still were only a small fraction of Target Area Citizens participating. (The CDBG Target Area, according to the US Census Bureau, is home to 44,007 of the City's 79,960 residents.) In recognition of the fact that the vast majority of Target Area Residents do not attend our input meetings, we also conduct regular surveys. The most recent of these surveys was conducted during the summer of 2002. Nearly 1,000 target area residents responded to the door-to-door survey. Their top 18 concerns are listed below in order of the total number of respondents who said this issue was of concern. ❖ Crime prevention ❖ Recreational programs ❖ Continuing education ❖ Community programs ❖ Social Activities ❖ Health insurance ❖ Community buildings/centers ❖ Medical or Dental attention ❖ Sidewalk repairs or improvements ❖ Translation and interpretation ❖ Code enforcement ❖ Improving reading or math skills ❖ Help finding a job ❖ Assistance with utility bills ❖ Home repairs ❖ Affordable and permanent home ❖ Parenting information ❖ Irrigation improvements Not all of the above issues are eligible for CDBG funding; information on these concerns has been shared with appropriate agencies. Other concerns can be combined so one program may address multiple concerns. (For example, recreational programs for youth can also be crime prevention and social activities). But it is important to note that, with a few variations, these concerns are consistent with those expressed in the Public Meeting process. Additional input, as required by CDBG planning regulations, was gathered from the business community, from other government agencies and non-profit organizations that serve low/moderate income populations, the local Housing Authority, and the Yakima City Council. 5 On the basis of input from all sources, the following activities were selected for inclusion in the 2004 Annual Action Plan. It is important to note that this final proposed budget only varies slightly from what was adopted by vote in the input process. This was done where it was determined that there was a conflict with Federal law regarding Community Service caps (15%) or City management were unable to find alternate funds for staff salaries. ACTIVITIES HUD requires certain very specific information be included in a description of each activity undertaken with CDBG and HOME funds. In the following descriptions we will include the specific regulation that allows this activity, a location or area served, and information on the nature of the project and what it will accomplish (how we will measure its success.) ECONOMIC DEVELOPMENT JOB CREATION 570.203 (b) This category is restricted to activities that either directly create or preserve jobs, or activities that support direct job creation. For the year 2004, at the time this document is being written, only one activity fits here. The City Council, as part of an incentive package that helped bring Client Logic to Yakima, committed $140,000 per year for 5 years if the company met specific job creation goals. The goal for 2004 is to maintain at least 400 jobs. Client Logic, a telephone call center, is on target to do this. This year will be the fourth of the five committed. The majority of the 400 jobs have gone to low-income persons, many of whom live in the target area. Ongoing reporting and monitoring visits continue to verify the success of this job creation program. PUBLIC SERVICES 570.201 (e) This category authorizes funds for programs that provide a number of public services, including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare, homebuyer downpayment assistance, or recreational needs. It is subject to a 15% cap; not more than that amount of the current entitlement and program income can be spent for these services each year. All of these services will be provided to benefit low and moderate income persons, and, unless otherwise identified, are an area benefit activity. Items identified for funding under this category for 2004 include: DOWNTOWN DEVELOPMENT: These approved funds will be used by the Yakima Downtown Partnership primarily to hire a consultant who will develop the organization to the point that they will have a permanent funding mechanism and can hire a full time manager. The area of service for this organization is from the Interstate on the East, two blocks North and South of Yakima Ave, to 7th Avenue on the West. This corresponds to a large portion of Census Tract 1, which has a poverty rate of over 40%. The success of this program will be determined by the creation of the organization, the implementation of a funding organization, and the hiring of a full time manager. 6 SMALL BUSINESS DEVELOPMENT TRAINING: During 2004, the Office of Neighborhood Development Services will conduct a series of workshops and seminars. Using local partners, these trainings will help new or expanding small businesses with subjects like business plans and financing, Renewal Community Tax Incentives, HUB Zone, Historic Preservation, Federal, State and Local government contracts and more. Participants will come from anywhere in the City, with a special emphasis on Target Area Residents (see attached map). Success will be measured by business workshops attendance, and ultimately by the creation of new businesses. Community Services: Four projects have been approved for funding during 2004: 1. EPIC Ways to Work is a program that will assist low-income persons, especially those working to become independent of welfare, with purchasing their own car, or repairs to the car, so they have reliable means of getting to work. The program will loan funds to these individuals. The service area is the entire City again with a focus on the Target Area. The result of this program will be measured in the number of jobs filled or retained as a result of the loan program. 2. Central Washington Oral Health SMILE Program will provide dental services to Target Area children and youth. Local dentists will volunteer their time to assist those who are not eligible for other public programs, or who cannot find local dentists who will accept medical cards. Other programs like this have noted better school performance and better overall health as a result of these efforts. This will be the measurement used to determine success here. 3. OIC of Washington, in partnership with Adult Literacy Services, is offering a program for adult literacy to be operated from the Davis High School Library. This became possible because of a 2003 CDBG grant, which enabled the library to stay open until 10:00 in the evening. The program will use volunteers to teach adult literacy and Spanish as a second language. Illiterate adults are presumed eligible under CDBG guidelines. Students will come from throughout the City of Yakima. Measurable improvement in literacy by program clients will indicate the success of the program. 4. Yakima County Best SELF is sponsoring a new program to combat bullying at Adams Elementary, in the Target Area. Best SELF has operated summer education programs for elementary school students for many years; they have identified bullying as a significant issue. The problem has been growing in recent years, and this program will provide victims and potential victims with the means of overcoming bullying. The improved coping skills of program participants will enable them to be more functional at school. SINGLE FAMILY HOUSING 570.202 (b) One of the primary goals of the CDBG program is to help provide safe, decent, affordable housing to persons of low and moderate incomes. The City of Yakima has chosen to assist with this goal in several ways: 7 1. Senior and Disabled home repair is a program that allows very low-income elderly or disabled persons to continue living in their own home. These persons are also presumed eligible, but ONDS requires proof of income for all applicants. Small grants are made to make needed repairs or deal with emergency issues like a broken furnace. There is a lifetime cap of $5,000 for those participating in this program. This program assists seniors and disabled persons citywide. 2. Exterior Paint is also a senior/disabled person program. Using volunteers, the program assists the most needy and least able of our citizens to re -paint the outside of their homes. Homeowners must meet low-income guidelines. The program is also citywide. This program benefits the individual clients by improving their self-image, and the neighborhood benefits from the improved appearance of homes. This directly aids in neighborhood revitalization. 3. Lead -Based Paint is an unfunded mandate of the Federal government. When Congress began requiring lead paint testing and remediation for any housing repairs where Federal funds are involved, there was no provision paying for the additional cost of these measures. The measures taken depend on the type and cost of the needed repairs. By placing expenses associated with this mandate in a separate category we can better track the cost. This program is available to any home where ONDS is involved in any type of housing repair or remodel citywide. While it may not be possible to state that an individual cleanup effort has changed any person or family, the goal of the program to reduce the incidence of lead poisoning will be realized over time. 4. Professional Services provides support of the CDBG housing programs such as title insurance, recording fees, legal services etc. INTERIM ASSISTANCE 570.201 (f) Block Grant regulations provide for a category of expenditures called interim assistance. In order to utilize this category, the program must meet certain requirements: 1. The area served must be exhibiting objectively determinable signs of physical deterioration. 2. There must have been a determination that immediate action is necessary to arrest the deterioration. 3. Permanent improvements will be carried out as soon as practicable. Special garbage, trash, and debris removal, including neighborhood cleanup campaigns, are specifically identified as eligible under the interim assistance portion of CDBG regulations. The City of Yakima provides funds for such services in two ways: 1. Neighborhood Cleanup Campaigns organized by citizen groups and others. 2. Street and Alley Cleanup using Department of Corrections Crews. The program area will initially be the entire CDBG Target Area, and as specific neighborhood groups apply for funds provided, the area of their cleanup project will be identified and recorded. 8 The only eligible national objective for such activities is low/moderate income area benefit. The net result of these programs is better living conditions for neighborhood residents. While permanent garbage, trash, and debris removal are currently beyond the capacity of the City of Yakima to affect, ONDS will also participate in educational efforts to help Target Area residents understand their individual responsibility in this arena. Graffiti Abatement is clearly within the intent of this provision. No one would disagree that it is a form of physical deterioration. Experts agree that immediate action to paint over new graffiti is essential. In response to repeated calls for measures to eradicate the problem, ONDS has designed and implemented a program of painting over the graffiti, almost all of which is located within the target area. And the program is part of a comprehensive attempt to create a permanent cure. (The other two components of the permanent solution are an education effort in partnership with the Yakima School District, and a new anti -graffiti ordinance.) Graffiti abatement is funded as an area benefit, Target Area wide activity serving the low-income community. Abatement of graffiti results in an immediate benefit to the neighborhood by halting deterioration and may result over time in reduced criminal activity. INFRASTRUCTURE 570.201(c) IRRIGATION: Irrigation systems in Yakima are very different, for historical reasons, from those that exist in most other communities. We began as an agricultural community, and the influence of that history is very strongly felt by many area residents. Because of the agricultural history, many areas of the City have traditionally been provided unmetered and low cost yard irrigation water as a service that is seen as a property right by these residents. The oldest portion of the system that delivers this water, known as the 308 System, has deteriorated to the point that it is not functional. Water pressure is low, and about as much water is lost through leaks as actually goes to customers. The system needs to be replaced. The 308 System also serves many of the lowest income neighborhoods. After considerable debate, and finally a successful petition effort, the City Council voted to rebuild the 308 System, with financing provided through a revenue bond. Additionally they have approved funds from CDBG to make the necessary replacement of the individual service portions of the system: the pipelines and fixtures on the individual lots. This will be done for qualifying low/moderate income homeowners. The result will be a return to the greener and healthier lawns, shrubs, and trees that help make a neighborhood an attractive place to live and invest. The project is at least a year away from being started; it is just beginning the design stage. So, while there is money in the budget for 2004 for the above-described work, it may not be realistic to expect much to be done yet. Therefore, those citizens concerned that the Council commitment for these funds be included in the plan also agreed that they could be diverted to other infrastructure projects if not needed in 2004. It is anticipated that this will be done. 9 Replacement of in -yard components of the irrigation system will be completed as individual applications are received and work on irrigation mains warrant such work. WATER AND WASTEWATER CONNECTIONS: CDBG funds are also available to target -area residents to connect to the city water and sewer lines. There are portions of the City still not served by water and sewer. Individual lots have septic systems and private wells. This poses a potential health and pollution problem, and renders undeveloped lots useless. (The County Health Department does not currently allow new wells and septic systems to be installed on standard sized lots. In some cases they will not allow replacement of existing systems upon their failure.) One such area could be served by a relatively modest investment of CDBG funds, identified in the budget (although unfunded) as the Hathaway area. This is one alternate use of the irrigation funds. The benefit to the area will be health, developability, and enhanced property values. PUBLIC FACILITIES 570.201 (c) The City of Yakima owns two public facilities that have reached a point where they are in need of renovation. They are the Southeast Community Center and the Senior Center. In addition, for differing reasons, the role that both facilities will play in their respective neighborhoods is currently being re-examined. The City Council has directed ONDS to budget funds to assist in the renovation of either or both of these facilities once the decision as to their role has been made. ONDS is also participating in the process of defining these roles. AFFIRMATIVELY FURTHERING FAIR HOUSING 570.201(k) During 2004 the City of Yakima will address issues of Fair Housing Choice in several areas: 1. We will review all documents currently used to assist in furthering fair housing choice for accuracy and find any additional information that may be available. This information will continue to be disseminated as described below. In addition, the information will be made available on the City's website, and through the 4 people.org website. One of the primary efforts of the City of Yakima in this category continues to be the provision of counseling services for both landlords and tenants. To the maximum allowed by law, we provide assistance, forms, and referrals for persons involved in rental housing. This provides both landlords and tenants with the opportunity to better understand their rights and responsibilities under the law. 2. It appears from ONDS research that there is not, at this time, a City resolution endorsing fair housing laws. During 2004 we will make sure that such a resolution is adopted. There are no local fair housing agencies. Persons who wish to file a formal complaint must do so with agencies that are very far from Yakima. Two legal 10 assistance entities, Columbia Legal Services, and Northwest Justice, serve our population, but there is no local entity with which to file a complaint. This, in part, may be the reason that very few actual complaints are filed under either state or federal law. 3. During 2004 ONDS will work to find ways to bring better services to our community in order to protect the rights of our local citizens. We will begin developing a fair housing coalition, made up of the various agencies that work in this arena. The purpose of the coalition will be to better educate and assist local citizens. Fair housing information will be available at all local agencies and local events such as the annual Homeownership Fair. The coalition will also begin lobbying for the creation of a State and Federally funded fair housing agency. 4. Language can also provide a barrier to fair housing choice. During 2004 ONDS will continue to assist in the translation of infolinational and educational literature into Spanish, which will be available throughout the City. 5. Since the Consolidated Plan will be re -written during 2004, we will include an update and revision of the Affirmatively Furthering Fair Housing study in the process. 6. In keeping with the City Council goal of promoting homeownership (and that of President George Bush), the ONDS down payment assistance program has served approximately 200 families since its inception. To date, 80% of the clients served are Hispanic. We believe that this program, therefore, is also assisting in furthering fair housing choice. GRANTSWRITER 570.206 (f), CODE COMPLIANCE OFFICER, AND CODE PERMIT TECHNICIAN 570.202 (c) CDBG funds are currently used to pay 90% of the grantswriter salary and 64% of a code enforcement staff person. The grantswriter secures additional funds for the City each year, generally an amount many times his annual salary. A new position for a third Code Compliance Officer was authorized by the City Council. This position will be responsible for code enforcement issues within the CDBG Target Area. The code compliance person provides code enforcement assistance to Target Area residents, specifically through the Code Enforcement Hotline. This program has resulted in a measurable reduction in the deterioration of the Target Area. SECTION 108 REVOLVING LOAN PROGRAM: In addition to grant -funded programs, HUD regulations require that cities participating in the Section 108 Loan Program include notice of their participation in the Action Plan. This is because of the provision that CDBG funds provide the final security for repayment of any loans that may default. 11 At this point, the City is considering requesting authorization from HUD for an additional $3 million from the 108 program. The current authorization stands at $4 million. If the request is made the amount will be included in an amended budget. 12 HOME SINGLE FAMILY PROGRAMS 92.205a)(1) While the HOME program can provide a variety of housing assistance programs, the City of Yakima has determined that all HOME funds will be invested in homeownership efforts. As a result of this, there are four HOME funded single-family homeownership programs in Yakima. PLEASE BE AWARE THAT THE ESTIMATED NUMBERS OF PERSONS OR PROJECTS ASSISTED BY THESE PROGRAMS MAY CHANGE WITHOUT FURTHER NOTICE. THESE ESTIMATES ARE FOR ILLUSTRATION PUROPSES ONLY. ACTUAL NUMBERS FOR EACH PROGRAM WILL DEPEND ON THE APPLICATIONS THAT ARE SUBMITTED, PERSONS WHO QUALIFY UNDER PROGRAM GUIDELINES, AND SEVERAL OTHER POSSIBLE VARIABLES. First -Time Homeowner Assistance provides loans of up to $30,000 to new homebuyers. These affordable loans help up to 3 buyers a year, and serve to make financing more affordable. By reducing the amount owed to the first mortgage lender, the total monthly payment is reduced which permits people with lower incomes to buy a home. Payments are set at a level affordable to the buyer and are generally subject to a 5 -year review by ONDS for increased payment affordability. Down Payment Assistance is a very popular program. In 2004 up to $6,000 will be provided for homes east of First Street and $4,000 west of First Street as a forgivable second loan. After the buyer has lived in the home for 5 years, the loan is forgiven. If they move prior to that time the loan must be repaid. It is anticipated that the amount budgeted will assist about 25 purchases in 2004. Single Family Rehabilitation Revolving Loan Project loans assist with repairs to a Target Area home where the applicant /owner is low/moderate income. Required repairs include any building code violations. If available funds permit, other work to enhance appearance and livability may be completed. We anticipate completing two of these projects in 2004. Senior and Disabled Repairs is the same program described in the CDBG descriptions. Since each year a few homes are eligible for HOME funds, this item is made available to allow other uses of the Block Grant funds. As many as 6 homes are budgeted. Community Housing Development Organization (CHDO) funds are made available according to HOME program regulations. A minimum of 15% of HOME dollars available each year must be allocated to a community organization that has as part of it's mission to provide affordable housing to low income individuals. This year, subject to a citizen committee's review and recommendation, it is anticipated that two organizations will be funded: OIC, which is building new homes on lots owned by the City near Race and 6th Street and Habitat for Humanity, which is developing a subdivision near 12th Street and Viola in Southeast Yakima. 13 OTHER STATUTATORY REQUIREMENTS: A further requirement for developing this report is that we consider other groups and needs that may not be directly served under the plan. ONDS is required, at a minimum, to coordinate efforts with these groups, and provide assistance whenever possible. One such area is that of homelessness. ONDS provides necessary leadership and support in coordinating, planning, and delivering services for area homeless persons. This effort is called the Continuum of Care for the Homeless. ONDS provides the needed efforts to make local homeless groups eligible to apply for McKinney homeless funds from the federal government. These efforts include an annual planning project, a quarterly coordinators meeting, and assistance in preparing the annual McKinney application. Typically this process brings over $500,000 to the City for various homeless programs each year. ONDS is also required to identify underserved populations and engage in efforts to provide and coordinate services for such persons. ONDS assists in these efforts on behalf of developmentally disabled persons, provides significant efforts in assisting with area literacy programs, and assists in efforts to help prepare preschool children for kindergarten. In the area of affordable housing, this office continues to play a regional leadership role. ONDS formed, and continues to meet, with several groups, including affordable housing developers, housing providers, and a lead paint abatement group. One direct result of this effort in 2003 was the Affordable Housing Fair, which had nearly 2,000 attendees. During 2004 we will provide additional assistance for planning, education, and coordination. The down payment assistance program has leveraged over 12 million in private investment in affordable housing mortgages since its inception. During 2004 we expect to leverage an additional $1,300,000 from this program alone. HOME funds loaned each year are secured by promissory notes and trust deeds. The forgivable down payment assistance loans, if sold prematurely, and all other loans, require repayment. Regular payments as affordable by the buyer are planned. All loans contain due -on -sale provisions. This plan has been coordinated with other local plans, including those of the local Housing Authority, the Continuum of Care, and other agencies that engage in planning efforts. 14 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I For Meeting Of Dec. 16, 2003 ITEM TITLE: Approval of 2004 CDBG and HOME Annual Action Plan SUBMITTED BY: Bill Cook, CED Director CONTACT PERSON/TELEPHONE: Bill Cobabe, Neighborhood Development Manager (509) 575-6101 This resolution will approve the 2004 Annual Action Plan for the Community Development Block Grant and HOME Investment Partnerships Programs. The plan consists of a narrative portion and budget information. Upon approval the plan will be submitted to the Seattle office of the US Department of Housing and Urban Development (HUD) for their review and approval. (A copy of the plan with the budget set by the Yakima City Council is attached. The narrative has been modified from the draft version to reflect final Council decisions on programs. The budget page has combined the program delivery costs with program costs to simplify the presentation: the totals are as approved by the Council on Dec. 9, 2003. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source US Departm f HUD APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approval BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-152 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Yakima County Best SELF (hereinafter "Contractor') 2. Address: 128 North 2nd Street, Room 102 Yakima, WA 98901 3. Phone: (509) 574-1522 4. Contact Person: Judy Jacobson, Manager 5. Title of Service or Program being Funded: Bullying Prevention Program 6. Amount of Contract Award: $32.000 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 4� zlo,sunless 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 "Bfl and incorporated herein by this reference. 3) City of Yakima Resolution No.2003-152 , 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. q ate ate 7/4)4 R. • . Zais, ity Managerto (1/` ZIO Co Dat ATTEST: , tA.-w City Clerk: City Contract No.: adtj.y—� CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Central Washington (hereinafter "Contractor") Oral Health Foundation 2. Address: 3. Phone: 107 So. 7th Avenue, Suite 205 Yakima, WA 98902 (509) 248-1305 4. Contact Person: Steven Fuhriman, Administrator 5. Title of Service or Program being Funded: SMILE Program 6. Amount of Contract Award: $19,832 (CDBG) 7. The term f this Contract shall commence upon execution hereof and shall terminate at midnight 27 0$ -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.2003-152 , 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. 4it 4 D e 'qI9 o- R.A. Zais, Jr., City Manager Dat .11/2 Contractor ate ATTEST: nom,_, City Clerk: City Contract No.:,46,41413-.05. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Enterprise for Progress in the Community (EPIC) (hereinafter "Contractor") 2. Address: 3. Phone: 2902 Castlevale Road, Suite A Yakima. WA 98909-0279 (509) 248-3950 4. Contact Person: Ed Ferguson, Executive Director 5. Title of Service or Program being Funded: Ways to Work 6. Amount of Contract Award: $15,1100 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 14-7.../..-0V, 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 shalt 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.2003-152 , a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9')Final Contract payment shalt 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. ililam Cook, Sko R.A. Zais, Jr., ity M Contractor Title: C.. - ager At t tST: 1/v p City Clerk: City Contract No.: Roo 4/.....1-1 N 4i1e4 D to 1711 9/011 ate t t zz-/ay D to CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: OIC of Washington (hereinafter "Contractor") 2. Address: 815 Fruitvale Blvd. Yakima. WA 98902-1467 3. Phone: (509) 454-4610 4. Contact Person: Nancy Luenn, Program Director 5. Title of Service or Program being Funded: Protect Literacy 6. Amount of Contract Award: .$17,094 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight i b,Sunless sooner terminated by either party in accordance with Section >all of incorporated hibit "A". 8. This contract award and the rights and obligations of both parties hereto shalt 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.2003-152 , 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, ContractorlSubcontractor lien releases, and satisfaction of alt 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. CED .1tZtra1 Vd e Zais, Jr., City or 62 v Title: nager birce,-try. *— SEAL ATTEST: p64-41ti y0l City Clerk: City Contract No.: "��HI N .„ 4IDa(ealt- cit, of vat. Office of Neighborhood Development Services (ONOS) 112 So. 8* Street, Yakima WA 98901 Development Block Grant � csscorOlw4and . HOME FINAL manual Action Ply 2004 City of Yakima Representatives Mary Place, Mayor Richard A. Zais, City Manager William R. Cook, CED Director William F. Cobabe, ONDS Manager December 23, 2003 APPLICATION FOR OMB Approval No. 0348-0043 I- UtRAL ASSISTANCE 2. DATE SUBMITTED December 23, 2003 Applicant Identifier 91-6001293 1. TYPE OF SUBMISSION: i A plication �Preapplication [] Constructi1on Q Construction 3. DATE RECEIVED BY STATE State Application Identifier f ❑ Non -Construction l❑ Non -Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier B 9 8 – MC – 5 3– 00 5. APPLICANT INFORMATION 0 8 Legal Name: City of Yakima Organizational Unit: Office of Neighborhood Development Services Address (give city, county, State, and zip code): 112 S. Eighth St., Yakima, WA 98901 Name and telephone number of person to be contacted on matters involvins this application (give area code) Bill Cobabe (509)575-6101 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) — C A. State H. Independent School Dist. 8. TYPE OF APPLICATION: ❑ New Continuation If Revision, enter appropriate letter(s) in box(es) A. Increase Award B. Decrease Award C. Increase Duration ❑ Revision B. County I. State Controlled Institution of Higher Leaming C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) D. Decrease Duration Other(speciiy): 9. NAME OF FEDERAL AGENCY: Housing and Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 1 4— 2 1 8 Community Development Block Grant TITLE: 14.218 12. AREAS AFFECTED BY PROJECT(Cities, Counties, States, etc.): City of Yakima, WA 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date 1/1/04 Ending Date 12/31 /04 a. Applicant 4th b. Project 4th 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: DATE a. Federal $ 00 1, 3 4 5, 2 0 0 b. Applicant $ 00 c. State $ 00 d. Local $ 00 3 0 0 b. No. 2 PROGRAM IS NOT COVERED BY E. 0 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e. Other $ 00 f. Program Income $ 00 9 4 , 5 0 0°° 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL ❑ Yes if "Yes," attach an explanation. DEBT? V No g. TOTAL $ 1 , 44 0 ,_ 0 00' 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Name of Authorized Representative Richard A. Zais b. Title City Manager c. Telephone Number (509) 575-6270 d. Signature ofAuthorized -Representative Oro.nnnc Ci+i+in.. 1 I..-.4.1.. e. Date Signed Authorized for Local Reproduction Standard Form 424 (Rev. 7-97) Prescribed by OMB Circular A-102 APPLICATION FOR OMB Approval No. 0348-0043 FEDERAL ASSISTANCE 2. DATE SUBMITTED December 23, 2003 Applicant Identifier 91-6001293 1. TYPE OF SUBMISSION: j; A plication ;Preapplication [� Construction ' ❑ 3. DATE RECEIVED BY STATE State Application Identifier Construction ❑ Non -Construction 10 Non -Construction 4. DATE RECEIVED BY FEDERAL AGENCY _ Federal Identifier B-95 –M53-0008 5. APPLICANT INFORMATION Legal Name: City of Yakima Organizational Unit: Office of Neighborhood Development Services Address (give city, county, State, and zip code): 112 S. Eighth St., Yakima, WA 98901 Name and telephone number of person to be contacted on matters involving this application (give area code) Bill Cobabe (509)575-6101 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) LJU — C A. State H. Independent School Dist. 8. TYPE OF APPLICATION: If Revision, enter appropriate A. Increase Award • B. New MI Continuation letter(s) in box(es) Decrease Award C. Increase Duration 0 Revision B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) D. Decrease Duration Other(specify): 9. NAME OF FEDERAL AGENCY: Housing and Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 1 4-21 1 4— 2 1 9 HOME Investment Partnership 9 TITLE: 1449- 12. AREAS AFFECTED BY PROJECT(Cities, Counties, States, etc.): City of Yakima, WA 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date 1/1/04 Ending Date 12/31 /04 a. Applicant 4th b. Project 4th 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: DATE a. Federal $ 00 665,000* b. Applicant $ 00 c. State $ 00 d. Local $ 00 b. No. 0 PROGRAM IS NOT COVERED BY E. O. 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e. Other $ 0° f. Program Income $ 00 2 2 5 0 0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL 0 Yes If "Yes," attach an explanation. DEBT? M No g. TOTAL $ 00 6 8 7 50 0 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Name of Authorized Representative Richard A. Zais b. Title City Manager c. Telephone Number (509) 575-6270 d. Signature of Authorized Representative e. Date Signed Authorized for Local Reproduction Standard Form 424 (Rev. 7-97) Prescribed by OMB Circular A-102 OVERVIEW This document constitutes the City of Yakima 2004 Annual Action Plan for the use of funds for two federal programs. Congress created the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs with the primary purpose of providing assistance to persons of low or moderate income. The City of Yakima (City) participates in these programs as an entitlement community. This means that we receive this funding directly from the U.S. Department of Housing and Urban Development (HUD). The amount of funds the City of Yakima receives each year is determined during the Federal Budget process and according to a formula described in federal law. (Estimates of the amounts expected to be received are contained in the budget portion of this document.) Federal laws and regulations guide expenditure of these funds. The Yakima City Council makes final determination of the use of CDBG and HOME funds. Oversight of the investment of the funds is through the City Office of Neighborhood Development Services. The same law that created the program also provides for a specific planning process that must be followed to determine how best to invest these funds. This process requires broad opportunities for public input from as many sources as practical, as well as coordination withadjoining jurisdictions, and other public agencies and non-profit organizations that have similar missions. This public process helps assure a carefully balanced approach, one that helps meet as many priority community needs as possible. Unfortunately, the limited amount of these funds received also means that few if any needs will be entirely met exclusively with CDBG and HOME funds. This fact makes leveraging of these funds with other sources another important part of the planning process. When Congress authorized the CDBG and HOME programs, it outlined specific activities that are eligible for funding, and other things that are not eligible. Some uses are limited to a specific maximum percentage of the City's annual entitlement; others are limited to a specific minimum. The law also recognizes the need for a balanced use of the funds. It states in part, "the nation's cities face critical social, economic, and environmental problems". The law also observes that these problems stem from inadequate public and private investment in housing and other physical facilities, and related public and social services. This leads to the three -fold purpose of the programs: to develop "viable urban communities, by providing decent housing, a suitable living environment, and expanding economic opportunities principally for persons of low and moderate income." The approach to investing these funds as determined by the City Council has traditionally recognized the need to balance funding for each of these three goals; this year is no exception. 2 THE PLANNING PROCESS Federal regulations require entitlement communities such as Yakima to prepare both long-term and short-term plans. The long-term plan is referred to as the Consolidated Plan; it covers a 5 - year period. The short-term plan is called the Annual Action Plan. Functionally, the Action Plan is a subset of the Consolidated Plan, which sets long-term goals and strategies while the Action Plan implements specific steps, programs, and actions to accomplish the goals of the plan. In fact, in order to be eligible for funding each activity must address a specific need as identified in the Consolidated plan. The one-year Action Plan for 2004 is the last of the current Consolidated plan; we will be writing a new 5 -year plan in 2004 to cover the period from 2005 through 2009. Additionally, the law provides that CDBG expenditures must address one of three national obj ectives: 1. Benefit to low/moderate income persons 2. Prevention of slum or blight 3. Urgent health or welfare community needs (emergencies) So in the process of planning activities or projects, it is necessary to make sure one of the three objectives is met. The law also delineates specific categories of eligible activities, and several prohibited activities. All activities must address one of the goals of the Consolidated Plan, meet a national objective, and be identified as an eligible activity. Another emphasis has recently been added, as directed by Congress: all activities must be able to demonstrate a specific quantifiable benefit to local citizens. While the requirement is an attempt to move toward better accountability for the use of funds in all federally funded programs, just what this will mean and how we will implement it remains somewhat unclear. As we gain better understanding of how to comply with this new mandate we will take the necessary steps to assure compliance. The goals identified in the 2000 through 2004 Consolidated Plan are: • Housing • Infrastructure • Youth Programs and Community Services • Economic Development All 2004 programs will meet the benefit to low and moderate income persons, as well as one of the Consolidated Plan Goals. On the basis of Census 2000 data, the entire City qualifies under the low/moderate income area benefit designation. However, specific areas of service for individual projects will be identified in this plan. In addition, the description of each activity will cite the eligible activity and refer to the portion of the regulation that authorizes it. Finally, we will attempt to outline, for each activity, how we will measure its success. The Annual Action Plan must also contain: • A list of activities to be undertaken (Programs and Activities) • Resources to be used (Budget) 3 • Reference to coordination with the Housing Authority when relevant • Standard Form 424 (Application for Federal Assistance CITIZEN INPUT HUD regulations call for a minimum of two public meetings during the development of the Action Plan. The first is held early in the process, and is intended to provide an opportunity for local citizens to make suggestions about the use of CDBG funds during the coming year. The second meeting is to be held after the draft version of the Plan has been written, and allows people to comment on the final proposal. All comments must be responded to, either during the meeting when the comment is made, or in writing at a later time if the comment cannot be adequately addressed during the meeting. It may not be possible to implement all suggestions. If this is the case, there must also be an explanation of the reason for not implementing the suggestion. In all cases the Yakima City Council makes the decision regarding allocation of CDBG and HOME funds. The City of Yakima has made a significant commitment to the idea that the Public Input process must be the paramount component in the planning process in order to ensure good outcomes for all of it programs. The Citizen Input Process for developing the 2004 Annual Action Plan involved more than the minimum number of meetings and discussion with Target Area residents. A total of 9 meetings were held, with a total combined meeting time of more than 20 hours of intense public discussion. Nearly 40 people attended some of the first meetings; there were close to 20 still participating by the conclusion of the process. This represented a significant increase in participation over past years. A consultant was hired to facilitate the initial meetings. The intent in doing this was to address the possible concern that City staff might be seen to influence or control the process and input. During the first meetings, those attending were divided into small groups, each with a trained volunteer facilitator. Each group first identified areas where they felt CDBG funds could be used to address target area concerns. Then they were asked to identify specific programs that could be used to meet these needs. At the third meeting, based on the earlier discussions, a vote was taken: each person in attendance at the meeting had the opportunity to participate in selecting activities in two ways. First they were given a blank pie chart and were asked to indicate, by dividing the pie what amount of the total should be expended in the areas of concern previously identified. Then they had the opportunity to vote, by placing up to four dots on large posters. Each person in attendance had one dot for a first choice, and other dots for each of their second through fourth choices. The results of the voting were then tallied, and at the fourth meeting a proposed budget, based on these scores, was presented by staff. This served as a starting point for continuing discussion of current ONDS programs, as well as staff and delivery costs. At the conclusion of this process a consensus budget was arrived at. This budget varied somewhat from the original budget produced as a result of the voting. It should be noted that the attendance at the meetings dropped off during the process. 4 During the meetings, citizens expressed concerns about many different issues. Careful notes were kept and most of the meetings were videotaped. The consultant prepared a summary, which was reviewed at the beginning of the next meeting. A copy of the final summary document prepared by the consultant is attached. It was ultimately agreed that the budget contained in this document represents a reasonable compromise. There was also a commitment by City staff that some of the issues or concerns would be further addressed during the upcoming process of writing a new 5 -year Consolidated Plan. It is important to note that, while many more people attended several more meetings than in prior years, there still were only a small fraction of Target Area Citizens participating. (The CDBG Target Area, according to the US Census Bureau, is home to 44,007 of the City's 79,960 residents.) In recognition of the fact that the vast majority of Target Area Residents do not attend our input meetings, we also conduct regular surveys. The most recent of these surveys was conducted during the summer of 2002. Nearly 1,000 target area residents responded to the door-to-door survey. Their top 18 concerns are listed below in order of the total number of respondents who said this issue was of concern. ❖ Crime prevention ❖ Recreational programs ❖ Continuing education ❖ Community programs ❖ Social Activities ❖ Health insurance ❖ Community buildings/centers ❖ Medical or Dental attention ❖ Sidewalk repairs or improvements ❖ Translation and interpretation ❖ Code enforcement ❖ Improving reading or math skills ❖ Help finding a job ❖ Assistance with utility bills ❖ Home repairs ❖ Affordable and permanent home ❖ Parenting information ❖ Irrigation improvements Not all of the above issues are eligible for CDBG funding; information on these concerns has been shared with appropriate agencies. Other concerns can be combined so one program may address multiple concerns. (For example, recreational programs for youth can also be crime prevention and social activities). But it is important to note that, with a few variations, these concerns are consistent with those expressed in the Public Meeting process. Additional input, as required by CDBG planning regulations, was gathered from the business community, from other government agencies and non-profit organizations that serve low/moderate income populations, the local Housing Authority, and the Yakima City Council. 5 On the basis of input from all sources, the following activities were selected for inclusion in the 2004 Annual Action Plan. It is important to note that this final proposed budget only varies slightly from what was adopted by vote in the input process. This was done where it was determined that there was a conflict with Federal law regarding Community Service caps (15%) or City management were unable to find alternate funds for staff salaries. ACTIVITIES HUD requires certain very specific information be included in a description of each activity undertaken with CDBG and HOME funds. In the following descriptions we will include the specific regulation that allows this activity, a location or area served, and information on the nature of the project and what it will accomplish (how we will measure its success.) ECONOMIC DEVELOPMENT JOB CREATION 570.203 (b) This category is restricted to activities that either directly create or preserve jobs, or activities that support direct job creation. For the year 2004, at the time this document is being written, only one activity fits here. The City Council, as part of an incentive package that helped bring Client Logic to Yakima, committed $140,000 per year for 5 years if the company met specific job creation goals. The goal for 2004 is to maintain at least 400 jobs. Client Logic, a telephone call center, is on target to do this. This year will be the fourth of the five committed. The majority of the 400 jobs have gone to low-income persons, many of whom live in the target area. Ongoing reporting and monitoring visits continue to verify the success of this job creation program. PUBLIC SERVICES 570.201 (e) This category authorizes funds for programs that provide a number of public services, including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare, homebuyer downpayment assistance, or recreational needs. It is subject to a 15% cap; not more than that amount of the current entitlement and program income can be spent for these services each year. All of these services will be provided to benefit low and moderate income persons, and, unless otherwise identified, are an area benefit activity. Items identified for funding under this category for 2004 include: DOWNTOWN DEVELOPMENT: These approved funds will be used by the Yakima Downtown Partnership primarily to hire a consultant who will develop the organization to the point that they will have a permanent funding mechanism and can hire a full time manager. The area of service for this organization is from the Interstate on the East, two blocks North and South of Yakima Ave, to 7th Avenue on the West. This corresponds to a large portion of Census Tract 1, which has a poverty rate of over 6 40%. The success of this program will be determined by the creation of the organization, the implementation of a funding organization, and the hiring of a full time manager. SMALL BUSINESS DEVELOPMENT TRAINING: During 2004, the Office of Neighborhood Development Services will conduct a series of workshops and seminars. Using local partners, these trainings will help new or expanding small businesses with subjects like business plans and financing, Renewal Community Tax Incentives, HUB Zone, Historic Preservation, Federal, State and Local government contracts and more. Participants will come from anywhere in the City, with a special emphasis on Target Area Residents (see attached map). Success will be measured by business workshops attendance, and ultimately by the creation of new businesses. Community Services: Four projects have been approved for funding during 2004: 1. EPIC Ways to Work is a program that will assist low-income persons, especially those working to become independent of welfare, with purchasing their own car, or repairs to the car, so they have reliable means of getting to work. The program will loan funds to these individuals. The service area is the entire City again with a focus on the Target Area. The result of this program will be measured in the number of jobs filled or retained as a result of the loan program. 2. Central Washington Oral Health SMILE Program will provide dental services to Target Area children and youth. Local dentists will volunteer their time to assist those who are not eligible for other public programs, or who cannot find local dentists who will accept medical cards. Other programs like this have noted better school performance and better overall health as a result of these efforts. This will be the measurement used to determine success here. 3. OIC of Washington, in partnership with Adult Literacy Services, is offering a program for adult literacy to be operated from the Davis High School Library. This became possible because of a 2003 CDBG grant, which enabled the library to stay open until 10:00 in the evening. The program will use volunteers to teach adult literacy and Spanish as a second language. Illiterate adults are presumed eligible under CDBG guidelines. Students will come from throughout the City of Yakima. Measurable improvement in literacy by program clients will indicate the success of the program. 4. Yakima County Best SELF is sponsoring a new program to combat bullying at Adams Elementary, in the Target Area. Best SELF has operated summer education programs for elementary school students for many years; they have identified bullying as a significant issue. The problem has been growing in recent years, and this program will provide victims and potential victims with the means of overcoming bullying. The improved coping skills of program participants will enable them to be more functional at school. 7 SINGLE FAMILY HOUSING 570.202 (b) One of the primary goals of the CDBG program is to help provide safe, decent, affordable housing to persons of low and moderate incomes. The City of Yakima has chosen to assist with this goal in several ways: 1. Senior and Disabled home repair is a program that allows very low-income elderly or disabled persons to continue living in their own home. These persons are also presumed eligible, but ONDS requires proof of income for all applicants. Small grants are made to make needed repairs or deal with emergency issues like a broken furnace. There is a lifetime cap of $5,000 for those participating in this program. This program assists seniors and disabled persons citywide. 2. Exterior Paint is also a senior/disabled person program. Using volunteers, the program assists the most needy and least able of our citizens to re -paint the outside of their homes. Homeowners must meet low-income guidelines. The program is also citywide. This program benefits the individual clients by improving their self-image, and the neighborhood benefits from the improved appearance of homes. This directly aids in neighborhood revitalization. 3. Lead -Based Paint is an unfunded mandate of the Federal government. When Congress began requiring lead paint testing and remediation for any housing repairs where Federal funds are involved, there was no provision paying for the additional cost of these measures. The measures taken depend on the type and cost of the needed repairs. By placing expenses associated with this mandate in a separate category we can better track the cost. This program is available to any home where ONDS is involved in any type of housing repair or remodel citywide. While it may not be possible to state that an individual cleanup effort has changed any person or family, the goal of the program to reduce the incidence of lead poisoning will be realized over time. 4. Professional Services provides support of the CDBG housing programs such as title insurance, recording fees, legal services etc. INTERIM ASSISTANCE 570.201 (f) Block Grant regulations provide for a category of expenditures called interim assistance. In order to utilize this category, the program must meet certain requirements: 1. The area served must be exhibiting objectively determinable signs of physical deterioration. 2. There must have been a determination that immediate action is necessary to arrest the deterioration. 3. Permanent improvements will be carried out as soon as practicable. Special garbage, trash, and debris removal, including neighborhood cleanup campaigns, are specifically identified as eligible under the interim assistance portion of CDBG regulations. The City of Yakima provides funds for such services in two ways: 8 1. Neighborhood Cleanup Campaigns organized by citizen groups and others. 2. Street and Alley Cleanup using Department of Corrections Crews. The program area will initially be the entire CDBG Target Area, and as specific neighborhood groups apply for funds provided, the area of their cleanup project will be identified and recorded. The only eligible national objective for such activities is low/moderate income area benefit. The net result of these programs is better living conditions for neighborhood residents. While permanent garbage, trash, and debris removal are currently beyond the capacity of the City of Yakima to affect, ONDS will also participate in educational efforts to help Target Area residents understand their individual responsibility in this arena. Graffiti Abatement is clearly within the intent of this provision. No one would disagree that it is a form of physical deterioration. Experts agree that immediate action to paint over new graffiti is essential. In response to repeated calls for measures to eradicate the problem, ONDS has designed and implemented a program of painting over the graffiti, almost all of which is located within the target area. And the program is part of a comprehensive attempt to create a permanent cure. (The other two components of the permanent solution are an education effort in partnership with the Yakima School District, and a new anti -graffiti ordinance) Graffiti abatement is funded as an area benefit, Target Area wide activity serving the low-income community. Abatement of graffiti results in an immediate benefit to the neighborhood by halting deterioration and may result over time in reduced criminal activity. INFRASTRUCTURE 570.201(c) IRRIGATION: Irrigation systems in Yakima are very different, for historical reasons, from those that exist in most other communities. We began as an agricultural community, and the influence of that history is very strongly felt by many area residents. Because of the agricultural history, many areas of the City have traditionally been provided unmetered and low cost yard irrigation water as a service that is seen as a property right by these residents. The oldest portion of the system that delivers this water, known as the 308 System, has deteriorated to the point that it is not functional. Water pressure is low, and about as much water is lost through leaks as actually goes to customers. The system needs to be replaced. The 308 System also serves many of the lowest income neighborhoods. After considerable debate, and finally a successful petition effort, the City Council voted to rebuild the 308 System, with financing provided through a revenue bond. Additionally they have approved funds from CDBG to make the necessary replacement of the individual service portions of the system: the pipelines and fixtures on the individual lots. This will be done for qualifying low/moderate income homeowners. The result will be a return to the greener and healthier lawns, shrubs, and trees that help make a neighborhood an attractive place to live and invest. 9 The project is at least a year away from being started; it is just beginning the design stage. So, while there is money in the budget for 2004 for the above-described work, it may not be realistic to expect much to be done yet. Therefore, those citizens concerned that the Council commitment for these funds be included in the plan also agreed that they could be diverted to other infrastructure projects if not needed in 2004. It is anticipated that this will be done. Replacement of in -yard components of the irrigation system will be completed as individual applications are received and work on irrigation mains warrant such work. WATER AND WAS I'hWA1.ER CONNECTIONS: CDBG funds are also available to target -area residents to connect to the city water and sewer lines. There are portions of the City still not served by water and sewer. Individual lots have septic systems and private wells. This poses a potential health and pollution problem, and renders undeveloped lots useless. (The County Health Department does not currently allow new wells and septic systems to be installed on standard sized lots. In some cases they will not allow replacement of existing systems upon their failure.) One such area could be served by a relatively modest investment of CDBG funds, identified in the budget (although unfunded) as the Hathaway area. This is one alternate use of the irrigation funds. The benefit to the area will be health, developability, and enhanced property values. PUBLIC FACILITIES 570.201 (c) The City of Yakima owns two public facilities that have reached a point where they are in need of renovation. They are the Southeast Community Center and the Senior Center. In addition, for differing reasons, the role that both facilities will play in their respective neighborhoods is currently being re-examined. The City Council has directed ONDS to budget funds to assist in the renovation of either or both of these facilities once the decision as to their role has been made. ONDS is also participating in the process of defining these roles. AFFIRMATIVELY FURTHERING FAIR HOUSING 570.201(k) During 2004 the City of Yakima will address issues of Fair Housing Choice in several areas: 1. We will review all documents currently used to assist in furthering fair housing choice for accuracy and find any additional information that may be available. This information will continue to be disseminated as described below. In addition, the information will be made available on the City's website, and through the 4 people.org website. One of the primary efforts of the City of Yakima in this category continues to be the provision of counseling services for both landlords and tenants. To the maximum allowed by law, we provide assistance, forms, and referrals for persons involved in rental housing. This provides both landlords and tenants with the opportunity to better understand their rights and responsibilities under the law. 10 2. It appears from ONDS research that there is not, at this time, a City resolution endorsing fair housing laws. During 2004 we will make sure that such a resolution is adopted. There are no local fair housing agencies. Persons who wish to file a formal complaint must do so with agencies that are very far from Yakima. Two legal assistance entities, Columbia Legal Services, and Northwest Justice, serve our population, but there is no local entity with which to file a complaint. This, in part, may be the reason that very few actual complaints are filed under either state or federal law. 3. During 2004 ONDS will work to find ways to bring better services to our community in order to protect the rights of our local citizens. We will begin developing a fair housing coalition, made up of the various agencies that work in this arena. The purpose of the coalition will be to better educate and assist local citizens. Fair housing information will be available at all local agencies and local events such as the annual Homeownership Fair. The coalition will also begin lobbying for the creation of a State and Federally funded fair housing agency. 4. Language can also provide a barrier to fair housing choice. During 2004 ONDS will continue to assist in the translation of informational and educational literature into Spanish, which will be available throughout the City. 5. Since the Consolidated Plan will be re -written during 2004, we will include an update and revision of the Affirmatively Furthering Fair Housing study in the process. 6. In keeping with the City Council goal of promoting homeownership (and that of President George Bush), the ONDS down payment assistance program has served approximately 200 families since its inception. To date, 80% of the clients served are Hispanic. We believe that this program, therefore, is also assisting in furthering fair housing choice. GRANTSWRITER 570.206 (f), CODE COMPLIANCE OFFICER, AND CODE PERMIT TECHNICIAN 570.202 (c) CDBG funds are currently used to pay 90% of the grantswriter salary and 64% of a code enforcement staff person. The grantswriter secures additional funds for the City each year, generally an amount many times his annual salary. A new position for a third Code Compliance Officer was authorized by the City Council. This position will be responsible for code enforcement issues within the CDBG Target Area. The code compliance person provides code enforcement assistance to Target Area residents, specifically through the Code Enforcement Hotline. This program has resulted in a measurable reduction in the deterioration of the Target Area. 11 SECTION 108 REVOLVING LOAN PROGRAM: In addition to grant -funded programs, HUD regulations require that cities participating in the Section 108 Loan Program include notice of their participation in the Action Plan. This is because of the provision that CDBG funds provide the final security for repayment of any loans that may default. At this point, the City is considering requesting authorization from HUD for an .additional $3 million from the 108 program. The current authorization stands at $4 million. If the request is made the amount will be included in an amended budget. 12 HOME SINGLE FAMILY PROGRAMS 92.205(a)(1) While the HOME program can provide a variety of housing assistance programs, the City of Yakima has determined that all HOME funds will be invested in homeownership efforts. As a result of this, there are four HOME funded single-family homeownership programs in Yakima. PT FASE BE AWARE THAT THE ESTIMATED NUMBERS OF PERSONS OR PROJECTS ASSISTED BY THESE PROGRAMS MAY CHANGE WITHOUT FURTHER NOTICE. THESE ESTIMATES ARE FOR ILLUSTRATION PURPOSES ONLY. ACTUAL NUMBERS FOR EACH PROGRAM WILL DEPEND ON THE APPLICATIONS THAT ARE SUBMIITLD, PERSONS WHO QUALIFY UNDER PROGRAM GUIDELINES, AND SEVERAL OTHER POSSIBLE VARIABLES. - First -Time Homeowner Assistance provides loans of up to $30,000 to new homebuyers. These affordable loans help up to 3 buyers a year, and serve to make financing more affordable. By reducing the amount owed to the first mortgage lender, the total monthly payment is reduced which permits people with lower incomes to buy a home. Payments are set at a level affordable to the buyer and are generally subject to a 5 -year review by ONDS for increased payment affordability. Down Payment Assistance is a very popular program. In 2004 up to $6,000 will be provided for homes east of First Street and $4,000 west of First Street as a forgivable second loan. After the buyer has lived in the home for 5 years, the loan is forgiven. If they move prior to that time the loan must be repaid. It is anticipated that the amount budgeted will assist about 25 purchases in 2004. Single Family Rehabilitation Revolving Loan Project loans assist with repairs to a Target Area home where the applicant /owner is low/moderate income. Required repairs include any building code violations. If available funds permit, other work to enhance appearance and livability may be completed. We anticipate completing two of these projects in 2004. Senior and Disabled Repairs is the same program described in the CDBG descriptions. Since each year a few homes are eligible for HOME funds, this item is made available to allow other uses of the Block Grant funds. As many as 6 homes are budgeted. Community Housing Development Organization (CHDO) funds are made available according to HOME program regulations. A minimum of 15% of HOME dollars available each year must be allocated to a community organization that has as part of it's mission to provide affordable housing to low income individuals. This year, subject to a citizen committee's review and recommendation, it is anticipated that two organizations will be funded: OIC, which is building new homes on lots owned by the City near Race and 6th Street and Habitat for Humanity, which is developing a subdivision near 12th Street and Viola in Southeast Yakima. 13 City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan CDBG EXPENDITURES Key: 2004 ADOPTED BUDGET Citizen Participation Categories: Programs within Those Categories Sub -sets of Programs (Activities) I. Economic Development Jobs 570.203 (b) A. ClientLogic - Program 140,000 Program Delivery Sal / Benes (Monitoring, etc) 2,500 142,500 II. Community / Public Services 570.201 (e) A. Services - Economic Development (Educational / Training) 1. Downtown Development 35,000 Program Delivery Sal / Benes 500 2. Business Development Training / Workshops 14,000 Program Delivery Sal / Benes (Assisting in Program Dev / Oper) 12,000 B. Services - Community / Public 1. EPIC "Ways to Work" 15,000 2. Central Washington Oral Health Foundation "SMILE Program" 19,832 3. OIC of Washington "Adult Literacy Services Project" 17,090 4. Yakima County Best SELF "Bullying Prevention Program" 32,000 Program Delivery Sal / Benes (Monitoring, recordkeeping, etc) 7,900 (15% of 1,440,000 = $216,000) ($153,322 = 10.64%) 153,322 IV. CDBG Single Family Housing 570.202 (b) A. Senior & Disabled Rehab Program 123,500 Program Delivery Sal / Benes (Application, specs, contracts,etc) 30,000 B. Exterior Paint 20,000 Program Delivery Sal / Benes (Application, specs, contracts,etc) 10,000 C. Lead -Based Paint Abatement 570.202 (f) 25,000 Program Delivery Sal / Benes (Application, specs, contracts,etc) 6,000 D. Professional Svcs: ie, property transfers, legal, etc 24,045 Program Delivery Sal / Benes (Document Prep, Recording, etc) 12,000 250,545 V. CDBG Interim Assistance 570.201 (f) (1) (ii) A. Neighborhood Cleanup Campaigns 20,000 Program Delivery Sal / Benes (Contract, auditing) 1,500 B. Street & Alley Cleanup (Dept of Corrections) 4,800 Program Delivery Sal / Benes (Contract, auditing) 500 C. Graffiti Abatement 13,000 Program Delivery Sal / Benes 15,579 55,379 12/23/2003 mag Page 1 of 2 City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan CDBG EXPENDITURES Kev: 2004 ADOPTED BUDGET Eligible Categories: Programs within Those Categories Sub -sets of Programs (Activities) 1. Economic Development Jobs 570.203 (b) A. ClientLogic 142,500 II. Community / Public Services 570.201 (e) A. Services - Economic Development (Educational / Training) 1. Downtown Development 35,500 2. Business Development Training / Workshops 26,000 B. Services - Community / Public 91,822 IV. CDBG Single Family Housing 570.202 (b) A. Senior & Disabled Rehab 153,500 B. Exterior Paint 30,000 C. Lead -Based Paint Abatement 570.202 (f) 31,000 D. Professional Svcs: ie, property transfers, legal, etc 36,045 V. CDBG Interim Assistance 570.201 (f) (1) (ii) A. Neighborhood Cleanup Campaigns 21,500 B. Street & Alley Cleanup (Dept of Corrections) 5,300 C. Graffiti Abatement 28,579 VI. Infrastructure 570.201 (c ) A. Irrigation - 308 * 222,500 B. Other 1. Fruitvale Water & Wastewater Connections 24,000 2. Hathaway & N 30th Avenue Area Water & Wastewater 3. Sidewalks 50,000 vu. Public Facilities 570.201 (c ) A. Community Center (Renovation & Support) 62,834 VIII. Affirmatively Furthering Fair Housing (HUD requirement) 507.201 (k) 16,212 Viii. Salaries / Benefits for Grants Writer (90% = $59,074) 570.206 (f) and Code Compliance Officer (100% = $50,166) 570.202 ( c ) Code Administration Permit Technicial (64% = $26,662) 570.202 ( c) 135,902 Proposed Program Delivery Costs for CDBG - Other Delivery Costs: Proposed Planning/Admin Costs for CDBG - Sal / Benes & Other Admin Costs: Volunteers for Program Delivery: hundreds of hours / thousands of $'s worth: 50,000 276,806 Grand Total Estimated 2004 CDBG Budget Expenditures 1,440,000 Each line includes Program costs and Program Delivery Costs * Any unallocated dollars to Irrigation - 308 not used in 2004 will be used in other infrastructure activities. 12/23/2003 mag City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan HOME EXPENDITURES All activity is eligible under 92.205 (a) (1) Key: Categories: Programs within Those Categories 2004 ADOPTED BUDGET Eligible I. First -Time Homeowner Assistance (up to $30,000 each = 3) 146,000 II. Down Payment Assistance (up to $6,000 and $4,000 each) 154,000 III. HOME Single Family, Owner -Occupied A. Rehab Revolving Loan (up to $30,000 each = 2) 125,000 B. Senior & Disabled (up to $5,000 each = 6) * 60,000 c. Professional Services: ie, property transfers, legal, etc. 12,875 197,875 IV. Community Housing Development Organization (CHDO) 123,125 (HUD Requirement, 15% of HOME dollars) Proposed Administration Costs for HOME - Salaries / Benefits & Other Admin Costs: 66,500 Grand Total Estimated 2004 HOME Budget Expenditures 687,5001 Each line includes Program costs and Program Delivery Costs * If qualified homes are not found, these dollars will go towards Down Payment Assistance. 12/23/2003 mag MIIIIIIIMIE hi "4111.1110MONEE Ellin 14111.111. I WM Mill EOM 0 i= 111=alilli ! L1 r,Af� 14 .!I.A.r, trahlil nik Illaalianii ��1,-�, 1(!« Tl��li � i�All Illllu� ����m �► ��ii�Ili I X111111'Ir 111II IIIA 1��m�,mm!ri►�� 1 -row III.WM E1111L�1�1 1�1l� r 11� ,ou 1!1!!IIIIIAm ��I ®��h. 'A ' _ fS nlinulllllll 11111111 1 !P !J!_ Id 1111111 !!Hiiillllll to Irl . - -III''�� MN �a I III -- _ _ _-� III IL.1 � X1111. III s1 I�ItdiAhii1i.INim!diu111111 id!tLJflI o1p r . �---t7.: one 16111114 .I+L� INEI11111,1 ,._111 PI i UIllllfiii II °�' II11.1111111III 1t CDBG Target Area Lakes / Reservoirs ® City Limits Railroad Line ESE Census Tracts 1 Oi Yqk4811:,. w N 4 *41011 I/64 Scale —lin = 3500ft 0 1750 3500 Created: June 19, 2003 OTHER STATUTORY REQUIREMENTS: A further requirement for developing this report is that we consider other groups and needs that may not be directly served under the plan. ONDS is required, at a minimum, to coordinate efforts with these groups, and provide assistance whenever possible. One such area is that of homelessness. ONDS provides necessary leadership and support in coordinating, planning, and delivering services for area homeless persons. This effort is called the Continuum of Care for the Homeless. ONDS provides the needed efforts to make local homeless groups eligible to apply for McKinney homeless funds from the federal government. These efforts include an annual planning project, a quarterly coordinators meeting, and assistance in preparing the annual McKinney application. Typically this process brings over $500,000 to the City for various homeless programs each year. ONDS is also required to identify underserved populations and engage in efforts to provide and coordinate services for such persons. ONDS assists in these efforts on behalf of developmentally disabled persons, provides significant efforts in assisting with area literacy programs, and assists in efforts to help prepare preschool children for kindergarten. In the area of affordable housing, this office continues to play a regional leadership role. ONDS formed, and continues to meet, with several groups, including affordable housing developers, housing providers, and a lead paint abatement group. One direct result of this effort in 2003 was the Affordable Housing Fair, which had nearly 2,000 attendees. During 2004 we will provide additional assistance for planning, education, and coordination. The down payment assistance program has leveraged over 12 million in private investment in affordable housing mortgages since its inception. During 2004 we expect to leverage an additional $1,300,000 from this program alone. HOME funds loaned each year are secured by promissory notes and trust deeds. The forgivable down payment assistance loans, if sold prematurely, and all other loans, require repayment. Regular payments as affordable by the buyer are planned. All loans contain due -on -sale provisions. This plan has been coordinated with other local plans, including those of the local Housing Authority, the Continuum of Care, and other agencies that engage in planning efforts. 14 DETAILED BUDGETS City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan CDBG EXPENDITURES Key: 2004 ADOPTED BUDGET Citizen Participation Categories: Programs within Those Categories Sub -sets of Programs (Activities) VI. Infrastructure 570.201 (c ) A. Irrigation - 308 * 200,000 Program Delivery Sal / Benes (Applications, inspections, etc) 22,500 B. Other 1. Fruitvale Water & Wastewater Connections 20,000 Program Delivery Sal / Benes (Apps, inspections, contracts, etc.) 4,000 2. Hathaway & N 30th Avenue Area Water & Wastewater 3. Sidewalk Program 42,750 Program Delivery Sal / Benes (Apps, inspections, bids, etc.) 7,250 296,500 vii. Public Facilities 570.201 (c ) A. Community Center (Renovation & Support) 55,084 Program Delivery Sal / Benes 7,750 62,834 VIII. Affirmatively Furthering Fair Housing (HUD requirement) 507.201 (k) Program Delivery Sal / Benes (Help on Telephone, in person with info and referrals, etc.) 4,313 11,899 16,212 viii. Salaries / Benefits for Grants Writer (90% = $59,074) 570.206 (f) and Code Compliance Officer (100% = $50,166) 570.202 ( c ) Code Administration Permit Technicial (64% = $26,662) 570.202 (c) 135,902 Proposed Program Delivery Costs** for CDBG - Other Delivery Costs: Proposed Planning/Admin Costs for CDBG - Sal / Benes & Other Admin Costs: Volunteers for Program Delivery: hundreds of hours / thousands of $'s worth: 50,000 276,806 Grand Total Estimated 2004 CDBG Budget Expenditures 1,440,000 * Any unallocated dollars to Irrigation - 308 not used in 2004 will be used in other infrastructure activities. ** These costs are directly related to the programs selected by Citizen Input during Public Process. 12/23/2003 mag Page 2 of 2 City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan HOME EXPENDITURES All activity is eligible under 92.205 (a) (1) Key: Participation Categories: Programs within Those Categories 2004 ADOPTED BUDGET Citizen I. First -Time Homeowner Assistance (up to $30,000 each = 3) 90,000 Program Delivery Sal / Benes (Applications,inspections,contracts,designs,etc) 56,000 146,000 11. Down Payment Assistance (up to $6,000 and $4,000 each) 124,000 Program Delivery Sal / Benes (Applications, inspections, contracts, etc) 30,000 154,000 III. HOME Single Family, Owner -Occupied A. Rehab Revolving Loan (up to $30,000 each = 2) 60,000 Program Delivery Sal / Benes (Apps, inspections, design, contracts, etc) 65,000 B. Senior & Disabled (up to $5,000 each = 6) * 30,000 Program Delivery Sal / Benes (Applications, inspections, contracts, etc) 30,000 C. Professional Services: ie, property transfers, legal, etc. 2,497 Program Delivery Sal / Benes (Document Prep, Recording, etc) 10,378 197,875 IV. Community Housing Development Organization (CHDO) 103,125 (HUD Requirement, 15% of HOME dollars) Program Delivery Sal / Benes (Apps, inspections, design, contracts, etc) 20,000 123,125 Proposed Administration Costs for HOME - Salaries / Benefits & Other Admin Costs: 66,500 Grand Total Estimated 2004 HOME Budget Expenditures 687,5001 * If qualified homes are not found, these dollars will go towards Down Payment Assistance. * * These costs are directly related to the programs selected by Citizen Input at Public Process. 12/23/2003 mag PUBLIC INPUT PUBLIC INPUT RESPONSES As outlined previously in this document, the public input process this year was much more involved and longer than it has been in previous years. As a result, a great deal of information was given, and many opinions were expressed. This portion of the document represents an attempt by ONDS staff to respond to some of the comments. In particular, this is an attempt to explain why notevery recommendation was acted upon. We have chosen to include a summary of the comments that were heard at the initial meetings. A professional facilitator who was not an employee of the City of Yakima conducted these meetings. Matt Fairbank is the Director of the local Dispute Resolution Center. Matt prepared the attached summary based upon his perception of the first three meetings. While additional comment was received in subsequent meetings, it did not include any new topics or concerns. The last meetings were more concerned with budgeted amounts for specific programs than they were with programmatic questions. So the Fairbank summary is considered to be accurately representative of many of the public comments. The Fairbank summary finds concerns in several specific categories. These were: 1. Rebuild of the 308 Irrigation System. This system serves a large portion of the Target Area. It was the subject of a petition drive and a great deal of discussion. Many of the citizens who participated in the input process felt that as much as $300,000 should be allocated from CDBG funds for the 308 rebuild. The City Council approved $200,000 for FY 2004. The reason for this reduction was the council saw other needs as needing support in addition to irrigation. 2. Economic Development, particularly within the Target Area for small businesses. The City Council approved a proposal to begin providing opportunities with a series of workshops intended to provide a variety of information. 3. Concern was expressed that the very successful Senior programs continue. The City Council approved funding for this to do so. 4. Youth serving programs also continues to receive support from both the public and the City Council. 5. A final area of strong concern was for the amount of funds that are used locally on staff salaries in support of the CDBG and HOME programs. As a result of these concerns the system for charting staff salaries was changed to allow citizens to see the specific program that benefits from staffing. A good deal of time was spent explaining that government programs like CDBG require additional work. Time was taken to compare ONDS staffing levels with other organizations that have similar labor-intensive programs. Many citizens still think too much is spent on staff. The Council chose for this year to continue staffing as it currently stands; further investigation into this topic is planned for the new 5 year Consolidated Plan beginning in 2004. The end result of the input process was that a number of programs were influenced, either through implementation of new programs or changes in funding priorities. Additional input was received that is more appropriate to the Consolidated Plan process. It is the opinion of ONDS staff that, while it is likely that no single individual or group got everything they wanted, the input process worked successfully this year. The changes that were made in response to citizen input were significant. 1 Matt Fairbank's notes to summarize input from first three CDBG public input meetings. Over the course of the past 3 meetings, people have shared their hopes and dreams for the city of Yakima and how its neighborhoods, business climate and infrastructure can be improved. We have been able to participate in a couple of processes that share our individual priorities about how the city's Community Development Block Grant Funds should be spent in the year 2004. Those priorities have differed in degree and intensity of the fire we hold for them and often are in direct conflict with others' priorities. Overall though, people have shared a common goal of making a difference for Yakima and seeing that the federal funding that comes our way through the Community Development Block Grant and HOME programs make a positive difference in improving our lives and those of our fellow city residents. Through this process, people have voiced anger and frustration that for many years, they had been told that the city could not spend money on the irrigation system rebuilding. Now when word comes that it is okay to use CDBG under the infrastructure category for the irrigation system rebuild, advocates wonder why money hasn't been spent all these years to help keep the system from needing to be completely replaced. (The Aquavella litigation that was ongoing for over 25 years and was recently settled had set the restriction on spending $ on the irrigation system.) There is a sense that the CDBG funds should now be spent predominately 2 for irrigation system rebuild to make up for lost time and incorrect information over the years. Others have expressed dissatisfaction that too little CDBG money is being spent on economic development that makes a difference for Yakima's target area population. People have expressed concerns that the City Council decision's to provide 5 years of funding for Client Logic at $140,000 per year is money not wisely spent. They are concerned that since Client Logic is from outside the community, that it may leave when the city's financial support ends. They also have expressed concern that they think the jobs are low paying and are not career positions and that many of the Client Logic employees are from outside the community. People have expressed a desire to have the higher level of funding for Economic Development go to help grow locally based companies. In addition, people would like to see the block grant dollars go to leveraging and capturing federal, state and other governmental contracts for local CDBG target area businesses. People have expressed support for the CDBG and Home programs that help seniors and disabled individuals with home repairs and giving first time home buyers the additional boost they need to be able to buy their first homes. There has been widespread support for the utilization of CDBG funds to leverage low cost and volunteer labor to improve our community, from Dept. of Corrections residents cleaning up downtown and the Americorp Graffiti team 3 painting over graffiti to the preparation of homes for painting and minor home repairs by church youth groups and other concerned folks. The loan programs that help people rehab their own homes or capture other loans are seen as useful investments of CDBG funds. While there is high interest in making a difference for youth in the target area, and helping keep them out of gang activity, there has not been wide agreement on how to do that. One area of significant concern for people is that from the outside, the amount of CDBG and HOME funds spent on program administration and service delivery has seemed way too high. There is interest in having the city find ways of reducing the amount and percentage of funds that go to these areas. People have shown a high degree of dedication and commitment to helping improve Yakima and making sure their ideas and input are heard and incorporated into the 2004 CDBG annual plan. They have appreciated the chance to meet more frequently than has been offered in the past and the attempts to gather their input. At the same time there have been some aggravations with the input process and the degree to which their input has been incorporated into the annual plan draft budget. People appear committed to continuing the dialogue and investing time and energy into the upcoming CDBG consolidated 5 year plan. City of Yakima Office of Neighborhood Development Services REVENUES: Account No. & Description Estimated 2004 CDBG: 124.330.0000.33114.2 CY CD Block Grant -Current Year 1,345,200 124.330.0000.33114.2PY CD Block Grant -Prior Year 0 124.699.0000.36140. P I I CDBG-Program Interest Income 8,500 124.699.0000.38500. P RG CD Block Grant -Program Income 86,000 124.699.0000.36110.INT 300 Interest from Investments CDBG Totals: 1,440,000 HOME: 124.337.0000.33114.2 HM HUD HOME Program 124.337.0000.33114.2 H P HOME Program -Prior Year 124.337.0000.36140 . H M I HOME Program Interest Income 124.337.0000.38500. HMP HOME Program Income 665,000 0 7,500 15,000 HOME Totals: 687,500 12/23/2003 mag BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No0 For Meeting Of Dec. 16, 2003 ITEM TITLE Approval of 2004 CDG and HOME Annual Action Plan SUBMITTED BY Bill Cook, CED Director CONTACT PERSON/TELEPHONE. Bill Coabe, Neighborhood Development Manager (509) 57b5-6101 lution will a prove the 2004 Annual Action Plan for the Community Development Block This reso P Grant and HOME Investment Partnerships Programs. The plan consists of a narrative portion and budget information. Upon approval the plan will be submitted to the Seattle office of the US Department of Housing and Urban Development (HUD) for their review and approval (A copy of theP lan with the budget set by the Yakima City Council is attached The narrative has been modified from the draft version to reflect final Council decisions on programs. The budge pthep ge has combined the program delivery costs with program costs to simplify the presentatio totals areas approved by the Council on Dec 9, 2003 Resolution' X__-- Ordinance _ Other (Specify) Mail to (name and address). Contract Funding Source US 'De • artm - \ • f HUD APPROVED FOR SUBMITTAL Phone STAFF RECOMMENDATION Approval BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION Cit Mana:er ONDS 2004 CAPER DRAFT For 30 years the City of Yakima has been the recipient of funds through a Federal program known as Community Development Block Grant (CDBG). The program allows the City Council to make decisions about how to invest these funds, according to a list of priorities they determine in consultation with the citizens of Yakima. During the 30 -year life of this program, much has been accomplished, and much remains to be accomplished. The funds are invested according to a five -year -strategic plan, known as the Consolidated Plan. This plan is divided into annual action steps, known as the Annual Action Plan. Each Action Plan contains a narrative description of the programs and actions to be taken that year, as well as a budget depicting the use of funds in support of these programs and the goals they will meet. At the end of each year, the City of Yakima Office of Neighborhood Development Services (ONDS) prepares a report on the activities undertaken during that year. This report is known as the Consolidated Annual Performance and Evaluation Report (CAPER). It is submitted to the US Department of Housing and Urban Development (HUD) not more than 30 days after the end of the program year (Dec. 31). The report is used to meet three basic purposes: • Provide HUD with necessary information to assess the City's ability to carry out its programs in compliance with applicable regulations and requirements; • Provide information necessary for HUD to report to Congress; and • Provide the City with an opportunity to describe its program achievements to our citizens. Much of the information needed for HUD and Congress is now provided electronically through a reporting system known as the Integrated Disbursement and Information System (IDIS). These IDIS reports are not reproduced in the written CAPER document, but may be summarized in charts and graphs, and described in narrative form. In addition, there are specific narrative requirements that must be included in the CAPER. This document is intended to meet these HUD narrative requirements; they will be identified as "bolded" section headings. However, in order for the document to be most useful to the Yakima City Council and local citizens, the narrative will strive to be readily understood by those not fluent in "governmentspeak." Therefore, this document is divided into the narrative components mandated in the reporting requirement, but the narrative itself is intended for use primarily by Yakima residents and elected officials. Additionally, although not specifically required by HUD regulations, it is important to note that this annual report is also the last year of the 2000-2004 Consolidated Plan. Additional information such as 5 -year summaries and totals will be provided. Assessment of Five -Year Goals and Objectives The ONDS 2000-2004 Consolidated Plan identified goals in four specific areas. These were: Housing (New and Rehabilitation) Infrastructure and Economic Development Youth programs and other Community Services Leadership Development These goals, in retrospect, did a decent job of describing the needs that were most urgent. Both CDBG and HOME funds were invested annually in projects and activities that were consistent with these goals. FY 2004 was no exception. Significant economic development funds were invested in bringing Adaptis, Inc. to Yakima. This will ultimately result in the creation of 200 living wage jobs. Each year nearly $5,000 was invested in the annual Job Fair, in partnership with Job Source. This last year alone there were more than 100 jobs filled on the spot at the Job Fair. During 2004 Community Service funds were utilized to assist with the Epic "Ways to Work" program, a School based bullying prevention program, leadership development through La Casa Hogar, Campfore After School Programs, and the Yakima Police Athletic League Youth Programs. Block Grant funds provided invaluable services to City Senior Citizens, through housing rehabilitation and exterior painting. The City of Yakima has developed a highly effective Anti -Graffiti Program, leveraging CDBG dollars with donated paint and material and countless hours of volunteer labor. In 2004 the program saw the development a welcome partnership with the Yakima Police Department and the use of volunteer labor by City jail inmates. There were enough volunteers that work was also done cleaning alleys and other public rights of way. Money budgeted for 308 Irrigation Improvements was used as a float loan to Adaptis to help create new jobs. When the irrigation system is completed to the point that the ONDS assistance is needed, the loan will be paid back and the improvements made. Several Water and Wastewater connections were made for low income residents with CDBG funds. Improvements were made to the Miller Park Activities Center as well as the Southeast Community Center. And Fair Housing funds were used to provide Landlord/Tenant Assistance. Affirmatively Furthering Fair Housing During 2004 CDBG funds were used to provide advice and referral services to literally hundreds of landlords and tenants. In many cases this helped avoid more serious disputes. Frequent referrals ere made to the Landlords Association. And on occasion tenants whose rights may have been violated were referred for free or reduced cost legal assistance. In addition, during 2004 a new assessment of issues of concern for local Fair Housing was completed as part of the new Consolidated Plan. Finally, during 2004 the ONDS office assisted in securing a grant from the State Attorney Generals office to put on a Predatory Lending Workshop. This workshop will be held in April, 2005. Affordable Housing Nearly all affordable housing in Yakima is done using HOME funds, and will be discussed below. The Senior and Disabled Home Repair Program, discussed above, does use CDBG funds in this effort. Continuum of Care for the Homeless No local CDBG funds other than staff time were used during 2004 for Homeless support. However, through partnerships with local homeless providers, during 2004 a 10 -Year Plan to End Chronic Homelessness was completed and other efforts begun to expand local services to homeless persons. Other Actions Significant effort was expended in 2004 to help educate the public, and in some cases to remove problems with Lead Based Paint. Leveraged Resources During 2004 ONDS Federal Funds were leveraged with an additional $2,455,072 for a total invested of more than $3.7 million. Citizen Comments Concerns expressed regarding the use of CDBG funds. They included the thought that too much is spent on City Salaries. Others wanted greater support for things like code enforcement, which is done with City salaries/ Self Evaluation There is tremendous room for growth and greater efficiency in the use of these City resources. So much remains to be done that it is always important to explore new opportunities and partnerships. In spite of this, ONDS, under the direction of the Yakima City Council invested the CDBG and HOME funds in a manner that served literally hundreds of low/moderate income families and individuals. During the coming 5 -year period a greater emphasis will be placed on leveraging and partnerships, as well as on projects that have a stronger impact on neighborhoods. CDBG Specific Activities and Five -Year Goals Please refer to above. Changes made during the Five -Year Plan None were made. Efforts in Carrying out the Planned Actions Please see above CDBG Housing Rehabilitation Please see affordable housing above. Categories of HOME Funded Projects The City Council of the City of Yakima has determined that the best use of HOME funds is to promote home ownership. In keeping with this policy, HOME funds were invested in Down Payment Assistance, First Time Homebuyer New Construction, and in Homeowner Rehabilitation. HOME Match (Leveraged Funds) Please see leveraged funds above. Activity City of Yakima Office of Neighborhood Development Services ACTUAL 2004 EXPENDITURES FOR CDBG 2004 2003 Carry 2004 Actual Adopted Forwards Actual Dollars Spent Budget to 2004 Budget in 2004 1. Economic Development - Jobs 570.203 (b) 140,000 163,542 303,542 A. Client Logic B Adaptis Inc 200,000 C Section 108 Technical Assistance 174 D Work Source Job Fair 4,584 E. LaCasa Hogar Job Creation (2002) 3,542 F Expenditure Reduction -15,000 0. Community / Public Services 570.201 (e) A. Services - Economic Development 49,000 49,000 1 Business Development / Training 1,828 B Services - Community / Public 83,922 68,754 152,676 1 EPIC "Ways to Work" 11,720 2. Yakima Co Best Self "Bullying Prevention" 32,000 3. Camp Fire "Barge -Lincoln Mega Camp" 3,880 4 La Casa Hogar "Leadership Capacity Bldg" 16,691 5 Yakima Police Athletic League - YPAL 21,062 6 Yakima Public Schools "Davis Media Center" 13,092 III. CDBG Single Family Housing 570.202 (b) A. Senior / Disabled Rehabilitation 123,500 123,500 136,017 B. Senior / Disabled Exterior Paint 20,000 20,000 24,447 C Lead -Based Paint Abatement 25,000 25,000 20,508 D Professional Services 24,045 24,045 30,312 IV. Interim Assistance 570.201 (f) (1) (ii) A. Neighborhood Cleanup / Improvement 20,000 20,000 4,652 B Street & Alley Cleanup 4,800 4,800 3,419 C Graffiti Abatement 13,000 8,722 21,722 14,632 V. Infrastructure 570.201 (c ) A. Irrigation - 308 (deferred due to Float Loan: Adaptis) 200,000 * B Water / Wastewater Connections 20,000 C Sidewalks 42,750 200,000 20,000 42,750 57,521 VI. Public Facilities 570.201 (c) 55,084 55,084 A. Southeast Community Center 117 B Miller Park Activity Center - MPAC 13,540 VII. Affirmatively Furthering Fair Housing 570.201 (e) 4,313 4,313 4,366 VIII. Program Delivery Costs 337,780 337,780 286,201 CDBG Administrative Costs 276,806 286,307 332,955 CDBG Expenditures for Year 2004 1,440,000 241,018 1,690,519 1,222,260 The $200,000 for Irrigation - 308 was deferred for 2004, and used as a Float Loan to Adaptis Inc, an Economic Development Activity 2/22/2005 mag 2004 CAPER City of Yakima Office of Neighborhood Development Services SUMMARY OF ACTIVITIES FOR FIVE YEARS 2000 - 2004 Performance Statistics: 5 Year Totals 2000 2001 2002 2003 2004 CDBG: Economic Development - Jobs Created 40 76 130 200 57 503 Community / Public Services Programs - Groups 4 31 16 0 0 189 0 0 6 9 3 9 23 16 2 0 416 2,473 n/a 5 3 3 5 32 15 18 1 325 2,616 n/a 5 3 1 7 36 19 23 1 388 3,179 5,284 11 1 1 4 45 24 28 6 930 4,938 5,426 10 0 2 29 167 90 71 8 2,248 13,206 10,710 37 16 10 Senior / Disabled Rehabilitation - Homes Senior / Disabled Exterior Paint - Homes Lead -Based Paint Clearance - Properties Neighborhood Cleanup / Improvement - Sites Street & Alley Cleanup - City Blocks (includes DOC*) Graffiti Abatement - Volunteer Hours Graffiti Abatement - Locations Water / Wastewater Connections - Homes Sidewalks - Households Public Facilities - Units Affirmatively Furthering Fair Housing - Individuals *Dept of Corrections began May 2000 n/a = not available HOME: First -Time Homeowner Assistance - Families 23,400 2 5,236 7 9,842 4 13,458 1 2,967 4 54,903 18 Down Payment Assistance - Families 72 9 0 0 2 18 4 0 4 1 18 2 0 2 1 28 2 0 2 1 21 1 2 3 2 157 18 2 11 7 Single Family Rehabilitation - Homes Senior / Disabled Rehabilitation - Homes New Construction - Homes CHDOs (Community Housing Development Org) - Agencies 2/22/2005 mag 2004 CAPER City of Yakima Office of Neighborhood Development Services SUMMARY OF ACTIVITIES BY COST FOR FIVE YEARS 2000 - 2004 Performance Statistics: CDBG: Economic Development Community / Public Services Programs Senior / Disabled Rehabilitation Senior / Disabled Exterior Paint Lead -Based Paint Clearance Neighborhood Cleanup / Improvement Street & Alley Cleanup (includes Dept of Corrections) Graffiti Abatement Water / Wastewater Connections Sidewalks Public Facilities Affirmatively Furthering Fair Housing HOME: First -Time Homeowner Assistance Down Payment Assistance Single Family Rehabilitation Senior / Disabled Rehabilitation New Construction CHDOs (Community Housing Development Organizations) 5 Year 2000* 2001* 2002 2003 2004 Totals 32,500 245,080 286,341 368,017 244,751 $1,176,689 93,471 149,959 118,562 123,297 109,136 $594,424 76,962 170,676 161,901 161,039 224,186 $794,764 11,069 16,610 33,238 27,827 35,255 $123,999 0 54,341 57,193 34,575 29,021 $175,130 0 0 10,071 6,996 99,323 $116,390 2,424 3,328 2,974 2,597 3,643 $14,967 0 9,368 31,651 88,739 70,459 $200,217 19,245 24,722 159,582 244,091 67,806 $515,446 75,885 69,797 37,583 6,792 0 $190,057 80,531 7,915 48,459 5,076 17,168 $159,149 11,017 16,790 32,963 24,406 47,979 $133,155 142,272 109,228 107,532 22,428 106,574 $488,034 269,563 64,996 77,521 122,648 109,589 $644,317 236,252 57,741 83,844 333,291 47,691 $758,819 0 0 0 0 31,001 $31,001 0 78,460 207,174 219,993 11,415 $517,042 121,439 84,746 200,829 89,971 142,000 638,985 *Year 2000 CDBG & HOME and Year 2001 HOME do not include Program Delivery 2/22/2005 mag 2004 CAPER Performance Statistics: City of Yakima Office of Neighborhood Development Services SUMMARY OF ACTIVITIES WITH ASSOCIATED COST FOR FIVE YEARS 2000 - 2004 PEOPLE HELPED / LOCATIONS WORKED* 5 Year Totals PROGRAM / DELIVERY COSTS* 5 Year Totals CDBG: Economic Development 503 $1,176,689 Community / Public Services Programs 29 $594,424 Senior / Disabled Rehabilitation 167 $794,764 Senior / Disabled Exterior Paint 90 $123,999 Lead -Based Paint Clearance 71 $175,130 Neighborhood Cleanup / Improvement 8 $116,390 Street & Alley Cleanup (includes Dept of Corrections) 2,248 $14,967 Graffiti Abatement 13,206 $200,217 Infrastructure / Water & Wastewater Connections 37 $515,446 Sidewalks 16 $190,057 Public Facilities 10 $159,149 Affirmatively Furthering Fair Housing 54,903 $133,155 HOME: First -Time Homeowner Assistance 18 $488,034 Down Payment Assistance 157 $644,317 Single Family Rehabilitation 18 $758,819 Senior / Disabled Rehabilitation 2 $31,001 New Construction CHDOs (Community Housing Development Organizations) 11 7 *Please refer to details on Summary of Activities and Summary of Activities by Cost for Five Years 2000 - 2004 Reports 2/22/2005 mag 2004 CAPER $517,042 $638,985 The Impact of CDBG in Yakima, WA The Community Development Block Grant (CDBG) is an essential part of Yakima's future. With CDBG, we support efforts to create new economic opportunity, provide for public infrastructure, and ensure the availability of safe, decent, affordable housing both now and in the future. • CDBG is a jobs creator : In Yakima, CDBG has created literally hundreds of new jobs through partnership with new and expanding area businesses. Major impact has come through companies such as Client Logic, Adaptis, and Praeclarent. • CDBG is a powerful economic engine: Yakima has used CDBG and the Renewal Community Tax Incentives as well as Section 108 loans to leverage millions in new commercial construction in our vital downtown corridor. Projects benefitting include hotels, restaurants, and retail stores. • CDBG is a catalist for creating and preserving affordable housing: Yakima has assisted in the preservation of the homes of approximately 2050 Senior and Disabled low/moderate income families. Approximately one third of these families had incomes less than 50% of the median income for our area, and two thirds were of minority groups. Most of these Senior Citizens would have been unable to continue living in their homes were it not for the CDBG assistance. There is no alternate local source for this assistance. • CDBG is a mechanism for building public infrastructure: In just the last 5 years more than $3.09 million dollars in total funds has been combined with CDBG funds for infrastructure projects that include street lighting, curb and gutter, recycling, park improvements, community gardens, canal improvements, neighborhood clean up, water and sewer, and irrigation lines. • CDBG is a facilitator of public services: In Yakima more than $2,142,000 has helped provide important public services such as literacy programs, employment training, youth programs, and more than 30 other services. • CDBG is an enabler of City of Yakima services: Code enforcement, planning, graffiti abatement, and grantwriting assisted with CDBG paid salaries have provided direct services to low/moderate income City residents and resulted in more than $25 million in additional dollars for important municipal needs. • CDBG is a leader in local homeless efforts: As a leader of the local continuum of care, the CDBG office has been responsible for millions in McKinney and other homeless funding, a just completed 10 year plan to end homelessness, and provision of services to the areas more than 1,000 homeless adults and children. If Not for CDBG in Yakima 1. Paint Out Graffiti 2. Alley Clean -Up 3. Senior Disabled Home Repair 4. Infrastructure Match 5. City Grant Writer 6. Economic Development Business Promotion 7. SE Community Center Programs and Renovation 8. Affirmatively Furthering Fair Housing 9. Landlord Tenant Hotline 10. Community Services 11. City Facilities (Parks and Buildings) 12. Expanded Code Enforcement 13. Code Complaint Hotline 14. Expanded Planning Services 15. Fire Cadet Training School 16. Utility Connection Fees 17. Emergency Yard Cleanup 18. Infrastructure Connection Assistance 19. Sidewalk Replacement 20. Lead Paint Abatement 21. Small Business Education 22. Business Loans 23. 108 Loan Guarantees 24. Renewal Community Program Assistance 25. HOME Program Support 26. Historic Preservation 27. Hispanic Serving Institutions Assisting Communities Family Center at YVCC 28. Continuum of Care for the Homeless 29. Downtown Revitalization 30. Senior -Disabled Exterior Paint 31. Youth Summer School 32. Adult Literacy Classes 33. Davis High School Library Extended Hours 34. Youth Financial Education 35. Relocation Assistance 36. Burned Out Home Demolition 37. Irrigation Replacement 38. Vacant Lot Cleanup 39. Microenterprise Development $6,000,000.00 $5,000,000.00 $4,000,000.00 $3,000,000.00 $2,000,000.00 $1,000,000.00 $0.00 City of Yakima ONDS Leveraged Dollars Total leveraged ($18,488,684) does not include grant writing efforts. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Yakima County Best SELF (hereinafter "Contractor") 2. Address: 128 North 2nd Street, Room 102 Yakima, WA 98901 3. Phone: (509) 574-1522 4. Contact Person: Judy Jacobson, Manager 5. Title of Service or Program being Funded: Bullying Prevention Program 6. Amount of Contract Award: $32,000 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 4°z z-je,cunless 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.2003-152 , 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 Manager City Clerk: City Contract No.: ij4/—g 7 ate/04 to (-/P ?Ie)¥ Dat 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. I1 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 $ 32,000 for said project. 111 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 04-16-04 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 04-16-04 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 04-16-04 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 04-16-04 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 04-16-04 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 fumished 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 04-16-04 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 -VH 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 04-16-04 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 04-16-04 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 04-16-04 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. Page 11 of 14 04-16-04 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: 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. 2003-152 (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 04-16-04 Proposal Summary/Project Abstract: Yakima County Best SELF (Summer Education and Learning Fun) program is filling the gap for supervised out-of-school time programming for youth. This program pulls together community resources with the common vision of improving the quality of life of families living within the target area of Yakima. It is a unique program unlike any other available in Yakima County that addresses literacy through continued education, positive recreation activities, provides employment and training to staff, and incorporates violence and drug prevention programs. Best SELF program cares about lifting lives of youth and families through its commitment to fulfilling the five "America's Promise". Best SELF provides: 1. caring adults as mentors; 2. secure and safe places with activities for youth to learn and grow; 3. a healthy start and healthy future to all children through education; 4. children with an effective education that equips them with skills from many community based prevention programs; 5. encourages youth to give back to their communities each week through service projects. All of this is delivered in a quality program during a 10 -hour day (7:30 AM -5:30 PM) each summer (June 14 -August 13, 2003 * varies with school releases). Best SELF has earned three National Awards from the National Association of Counties since its launch in 1999. The advisory board comprised of local school districts, area governments, and "helping" agencies can be proud to be called a "Model Youth Literacy Mentoring Program". The County manager directs fiscal and program operations in 6 communities throughout Yakima County using 8 different schools as facilities. Adams Elementary hosts Best SELF to maximize support to families of low -to moderate -income. Four classes comprised of 25 kids are mentored by a certified teacher, 2 assistants and 1-2 associates. This is a part of the total 185 staff of the total County program and part of the 33 classrooms it serves. The rich curriculum is presented in and out of the classroom with positive fun hands-on lessons. Teachers maximize student success through personal gains teaching the three core components of academics, recreation and service learning. Best SELF staff enrich students' lives with the prevention and self help programs they do not have access to including nutritional education, dental care, personal safety, violence prevention, anger management and substance abuse prevention. Academics Children become motivated to learn through traditional and technological advanced curriculum lessons with an emphasis on reading. The outcome is an average gain as high as two reading grade levels. Recreational activities and weekly field trips promote social development and positive life choices for recreation while reducing risky behaviors. A survey of students reported that 49% percent of youth had not been to the mountains before and 50% did not know how to swim. Weekly community service projects build positive links to the community and develop a sense of pride to build self-esteem in youth (e.g. Volunteerism: clean public parks, read to shut-in seniors, graffiti removal, fund raising for Habitat for Humanity and Humane Society, waste recycling and packaging at the food bank). ENHANCED PROGRAM -Best SELF is taking action against bullying! We plan to purchase and pilot "Steps To Respect: A Bullying Prevention Program" at Adams Elementary Best SELF. Adams is situated in a part of town plagued with violence, crime, bullying through peer pressure, high gang activity, and low academic achievement due to the poverty rates. This pilot program will give these low- income students the tools to best deal with life making them caring citizens. The grant request of $39,572.00 will purchase four sets of teaching materials, train staff and implement daily lessons, and engage staff in modeling an:I monitoring of students for 10 hours each day. Parents will receive a weekly bulletin with family discussion ideas and practical applications. This is an enhancement to the existing program curriculum and will not be possible without the funds. Due to a decline in state and federal support, Adams Best SELF may not serve 100 families of high need without a new collaboration like this one. 1 Assessment of Need/Problem Statement: Nearly every indicator of drug and criminal behavior of the youth and adults in the target area are significantly higher than other areas of Yakima County and Washington State. The target community is challenged by high poverty rates, which reduces the quality of life while increasing gang activity, drug abuse, violence, criminal activity and low education achievement. Both juveniles and adults in the target area use drugs at substantially higher rates as compared to similar populations in the state. The rate of youth in alcohol and other drug treatment programs in the Yakima area is over six times greater than that of the state rate. Arrest rates for drug and alcohol violations are more than twice the state rate. Both violent crime and property crime rates are at least twice the average rates in Washington State. Best SELF will assist the community to break the cycles that plague them through a daily lesson and practice. Students and parents will improve their interpersonal relationships and improve their skills to positively deal with bullying while becoming caring citizens of our community. Best SELF is responding to the needs identified by the community of the United Way Community Assessment Project of 1997, the 2002 "For A Better Tomorrow", the Washington State WASL test scores and the Law Enforcement Crime Reports. Best SELF supports families and fills the out-of-school time gap of youth services improving the QUALITY OF LIFE through a continuance of summer education, recreation activities, safe child care, drug prevention programs, literacy improvement, development of multicultural appreciation, community upkeep, linking families and social services. Now is the time to give children and families tools that will empower them to be respectful citizens and put a stop to the acts of bullying. Table 1. Drui and Alcohol Use Indicators Juvenile (10-17) arrests for Service Areas Yakima County WA State Alcohol Violations 21.572 11.983 8.98 Drug Violations 9.245 5.847 2.68 Vandalism/Disorderly Conduct 23.112 14.945 3.93 Violent Crimes 8.475 5.847 2.18 Property Crimes (10-14) 64.713 38.823 30.45 Adolescents in AOD '; reatment 40.472 29.063 6.87 Adult Alcohol Related Arrests 51.095 14.890 12.03 Adult Drug Related Arrests 10.757 4.108 3.96 Adults m AOD Treatment 34.313 17.363 7.51 Source: Local, County, and State Law Enforcement Uniform Crime Reports Yakima County Poverty Rate, Overall from Northwest Area Foundation 1979 1989 1997 ❑Yakima County 9 Washington 9 United States 2 Program Goals & Objectives: It is the goal of Best SELF to provide services to 100 students (4 classes) and their parents with fun learning and social development skills to improve the quality of life and success rates to positively deal with "Bullying" and/or peer pressure. It is our hope to improve the community in a small way. The program will operate for 7 weeks, June -August 2004, 7:30 AM to 5:30 PM, Monday through Friday. A teaching team of four or five in each classroom of 25 students will plan and implement the program and introduce daily the "Steps to Respect: A Bullying Prevention Program". Parents will receive weekly newsletters with reinforcement materials for family discussions. The objectives of the program are new and measurable. The three measurable outcomes are: 1. increase academic reading; 2. increase developmental assets social skills; and 3. increase students' skills in non-violent conflict resolution through an improved respect for others. Best SELF will accomplish 5 goals of "America's Promises" as being our focus of implementation: AMERICA'S PROMISE HOW WE IMPLEMENT Fostering ongoing relationships with caring adults. Hire a teacher, 2 assistants and 2 associates to administer lessons in a caring, nurturing manner. Lots of positive input received by students. Ensuring safe places with structured activities and supervised recreational activities during non -school hours. Using school facilities to administer a l0 -hour day program with academics, recreation and service learning. Model "Respect" daily and support it through "Bully Prevention Program". Building is safe. Daily activities are supervised. Promoting a healthy start and future. Build children's personal skills to build healthy successful citizens. Presentations from Smile Savers -Dental Care; WSU Nutritional Education; Risk Watch -3 Safety Skills; Straight Talk -Substance Abuse Prevention Program; CWCMH presents 2nd Steps -Violence Prevention Program and Staff will model and present Steps to Respect -Bullying Prevention Program to students and support materials to parents. Invest in marketable skills through effective education. Provide program teachers and assistants with marketable skills through on-going training and practice during the summer. Staff is evaluated on how they meet the Best SELF quality standards in communications, teamwork, good work ethics and how they model healthy citizens. Providing opportunities for service to the community. Best SELF will have each class participate in one service project each week. Projects and hours will be measured from the lesson plans. Students are given the opportunity to model their Respect to the Community Outcomes: A post reflective survey given to parents, students and staff shows a 50% average gain in violence prevention skills, an 88% average gain in social development skills and an average of 12% average increase in reading grade level skills. The enhanced lessons in Respect -Bullying Prevention will be reflected on the daily lesson plans and weekly parent support materials that go home. Methodology: Who is Responsible For What Activity Why It Is Being Done Community Advisory Board Develops program mission, policies, procedures and time lines. Program activities are accountable to the community. Program staff: site coordinators, teachers, and assistants. Direct fun hands-on lessons incorporating "Steps to Respect", reading, service projects. Includes weekly field trips and daily recreation. Staff acts as role models and mentors. Because their parents are working and children need positive role models. Staff establishes a caring nurturing atmosphere. Develop a sense of safety and love for all students. Prepare students to succeed on WASL tests, increase their self- esteem and support families. Community Partners: WSU Extension, Triumph Treatment Center, Risk Watch of the City of Yakima, CWCMH, US Forest Service and staff presentation of "Steps to Respect" Present the programs to students on personal health; how and why not to use drugs, alcohol or substances; how to be safe in 8 different ways; how to deal with violence in a non-violent way and develop empathy and be come stewards of the land; and modeling respect for others. We bring in these wonderful outside programs to maximize the resources of the community that will benefit each child's development of self. These programs and presenters are helping to build successful students capable of giving back to their communities in a positive way. Our effort is to leave no student behind. 3 Evaluation: The program evaluation will involve the collection and analysis of qualitative and quantitative data. This data will provide basic comparatives to the project goals and the desirable and measurable outcomes. Data will also enable us to measure the community involvement through financial and in-kind support. It is our goal to measure the Steps to Respect -Bullying Prevention Program Knowledge and how students model respect through a post reflective survey taken by parents, staff and students. The goal is to have parents, staff and students increase their knowledge and skills to respectfully put a stop to "Bullying" by 90%. The staff survey and post behavior reports show an increase in student behavior and respect for others as they learn and model. The true measurement will be during the school year for the regular staff. We know from past experience Best SELF children model what they have gained over the summer. They emerge as the leaders. It is our ultimate goal to assist schools by producing caring and respectful children who will model and lead others to positive relationships and cultivate a desire to learn. Outcome Measurement 1. Increase Reading: Teachers will self access each student's starting and ending reading levels. Teachers will gather student reading indicators on June 2nd -25th and ending indicators on August 131h and 14th. They will use the STARS program and the "San Diego Quick" test. 2. Increase Developmental Assets: Parents, staff and students will provide feedback from the post reflective survey that will measure the growth of the seven identified developmental assets. We expect an average of 88% increase reported by students and a comparative increase to be reported from staff and parents. Parents, staff and students will have a specific question on Respect and the skills to deal with Bullying. Our goal is to show 90% gain in knowledge and modeling. Community Involvement: Best SELF is a community wide program involving state agencies, local governments, private non-profit organizations, volunteer organizations, local businesses, and private citizens. This program is successful because people who care and pull their weight make this a better place for children. It is the synergy created by many that makes the difference in how a child develops. Best SELF was recognized by the National Association of Counties as an exemplary program and given the only award in the nation for "Youth Literacy Mentoring Award" for more than 14,462 hours of volunteerism contributed by the community. Organizations Contribution Community Advisory Board Develop policies, direction & support. Program Development Parents of Best SELF students Feedback supports areas improvements to meet needs. Program Development City of Yakima Bussing for youth on Wednesday for service. Program Implementation City of Yakima Fire Department Risk Watch -safety program. Program Development Tri -County Workforce Development Recruitment, training. Program Implementation Yakuna School District Facilities, food service, transportation. Program Implementation/Planning ESD105 Educational resources. Program Development/Implement OSPI Eliminated the financial barrier to migrant students. Program Development/Implement Camp Fire/United Way United Way grant to Camp Fire to host kids for a day. Program Collaboration Catholic Family and Child Services Referral for families and a grant umbrella. Program Development/Implement CWCMH Consultations/ training on behavior management and "2^" Steps -A Violence Prevention Program." Program Development/Implement Yakima Memorial Hospital Technical Support and health programs. Program Development/Implement KIMA TV Support ads and promotion. Program Development Yakima Herald Support ads and promotion. Program Development YPAC Support ads and promotion. Program Development US Forest Service/Yakima Greenway Urban watershed center. Program Development/Collaboration Many community businesses Field trips, presenters, and service projects. Program Implementation W.S.U. Cooperative Extension Nutritional Education classes to all students. Program Implementation 4 Budget CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET ORGANIZATION: Yakima County PROJECT: New Best SELF 2004 -Taking Action Against Bullying Showing Direct Services Related To Adams Elementary Expense Categories CDBG Funds State, Federal Applicant Share Total or Private Funds In -Kind Personnel $30,000.00 $12,380.00 $580.00 542,960.00 Fringe Benefits $0 $2,792.00 $2,792.00 $5,584.00 Travel $0 $400.00 $400.00 $800.00 Equipment Supplies $0 $1,000.00 $1,000.00 $2,000.00 Contractual Other Spanish Printing $0 $2,000.00 $2,000.00 $4,000.00 1.Program Steps to Respect: A Bullying Prevention Program 4 sets @$700.00 each $2,000.00 $800.00 $2,800.00 Total $32,000 $19,372.00 $6,772.00 $58,144.00 Revised 12/30/2003 after award reduction 5 BUDGET NARRATIVE The total budget of the Adams Best SELF is $58,144.00 funded by user fees, community grants and donations. The CDBG Grant is to fund 66% of the total budget to purchase, train staff and implement the new and very much needed "Steps to Respect --Bullying Prevention Program" in and out of the classroom. This curriculum is necessary to bridge the gap and improve the quality of life for children living in the targeted area. Adams will pilot this program with future expansion of the program to all the Best SELF sites the following years. The budget only represents Adams Best SELF. Personnel: $30,580.00 will be funded by the CDBG Grant. $12,380.00 will be funded by private user fees and Yakima School District grant community contributions. SALARY 1. 1/2 Site Coordinator's Salary: Training and spending 1/2 time to monitor and implement program. 180 hours x $19/hour = $ 3,420.00 2. 4 Teachers' Salaries: Training and implementation of program in and out of classroom. 280 hours x $16.25/hour = $4,550.00 x 4 teachers = $18,200.00 3. 4 of the 8 Program Assistants Salaries: To model and implement program daily. 280 hours x $8.00/hour = $2,2400.00 x 4 = $ 8,960.00 $30,580.00 BENEFITS $2,792.00 Grant funded and $2,792.00 through private user fees, in part from the Yakima School District grant and partners contributions. Total Benefits $2,792.00 TRAVEL $400.00 The CDBG Grant will fund travel costs associated with program implementation. This will be matched by $400.00 from total budget. $400.00 SUPPLIES $2,000.00 The CDBG Grant will fund. $2000.00 will be funded through user fees. These are necessary support materials that give hands-on learning in the classroom, giving students practice with real experiences to deal with interpersonal skills they have learned. $2,000.00 OTHER $2,000.00 The CDBG Grant will fund printing in Spanish. $2,000.00 will be funded through user fees. $2,000.00 $2,800.00 The CDBG Grant will fund the "Steps to Respect: Anti Bullying Program". $2,800.00 Leveraging/Partnerships to include future and other necessary funding. The total budget for Adams Best SELF in the target area is $58,144.00. We are leveraging $18,172.00 with support from the School District at $5,250.00. The remaining support $12,922.00 comes from the families that use the program. Many of these families make up the poverty rate of Yakima yet, they believe in a continuance in education and care so they scraped up between $50 and $75 to enroll their children. About 2/3 of these families are DSHS subsidized for childcare paying for Best SELF. Without the funding from a partnership of the City of Yakima and the CDBG Grant, 100 children may not receive the services from Best SELF and the tools to succeed in life through the "Steps to Respect: Anti Bullying Prevention Program" daily reinforcement and learning. 6 Future projections: We plan to reach all the Best SELF children with this program. Develop partners to secure more materials. It is our hope we will have a trained teacher rove between each site to assist the classroom teachers model this respectful behavior. In short, Best SELF will only survive if our community becomes strong financial partners committing to LEAVE NO CHILD BEHIND. 100 students that attend Adams Best SELF will not get service unless we can leverage all partners to support the program. EVERY CHILD DESERVES TO BE THEIR BEST SELF. TOGETHER, WE CAN PULL OUR WEIGHT TO BUILD SECURE AND SUCCESSFUL CHILDREN. Thank you for your consideration in being our partner. 7 RESOLUTION NO. R-2003-.1.5 2 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to submit an Annual Action Plan to the United States Department of Housing and Urban Development. WHEREAS, the City of Yakima receives Community Development Block Grant funds through the United States Department of Housing and Urban Development and is required to file an Annual Action Plan each year as part of the Consolidated Plan; and WHEREAS, the Annual Action Plan is developed using a citizen input process, under the direction of the Yakima City Council; and WHEREAS, the Annual Action Plan includes the 2004 Community Development Block Grant (CDBG) and HOME budgets, activities and expenditures as projected by the Office of Neighborhood Development Services; and attached hereto; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to submit the Annual Action Plan to the United States Department of Housing and Urban Development as required by federal regulation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized to execute the CDBG and HOME application documents, including certifications and submit them to United States Department of Housing and Urban Development as required by the Consolidated Plan. The City Manager is hereby designated as the official representative of the City of Yakima to act in connection with the application and the Annual Action Plan. ADOPTED BY THE CITY COUNCIL this / (I^ day of�'�'.�.�-�'/� , 2003. Si MARY Sa P LAC �'_.� ATTEST: s .Ja Mayor w e G O`, "�. HTS, CkV C City Clerk City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan CDBG EXPENDITURES Ked: 2004 ADOPTED BUDGET Citizen Participation Categories: Programs within Those Categories Sub -sets of Programs (Activities) I. Economic Development Jobs 570.203 (b) A. ClientLogic - Program 140,000 Program Delivery Sal / Benes (Monitoring, etc) 2,500 142,500 II. Community / Public Services 570.201 (e) A. Services - Economic Development (Educational / Training) 1. Downtown Development 35,000 Program Delivery Sal / Benes 500 2. Business Development Training / Workshops 14,000 Program Delivery Sal / Benes (Assisting in Program Dev / Oper) 12,000 B. Services - Community / Public 1. EPIC "Ways to Work" 15,000 2. Central Washington Oral Health Foundation "SMILE Program" 19,832 3. OIC of Washington "Adult Literacy Services Project" 17,090 4. Yakima County Best SELF 'Bullying Prevention Program" 32,000 Program Delivery Sal / Benes (Monitoring, recordkeeping, etc) 7,900 (15% of 1,440,000 = $216,000) ($153,322 = 10.64%) 153,322 IV. CDBG Single Family Housing 570.202 (b) A. Senior & Disabled Rehab Program 123,500 Program Delivery Sal / Benes (Application, specs, contracts,etc) 30,000 B. Exterior Paint 20,000 Program Delivery Sal / Benes (Application, specs, contracts,etc) 10,000 C. Lead -Based Paint Abatement 570.202 (f) 25,000 Program Delivery Sal / Benes (Application, specs, contracts,etc) 6,000 D. Professional Svcs: ie, property transfers, legal, etc 24,045 Program Delivery Sal / Benes (Document Prep, Recording, etc) 12,000 250,545 V. CDBG Interim Assistance 570.201 (f) (1) (ii) A. Neighborhood Cleanup Campaigns 20,000 Program Delivery Sal / Benes (Contract, auditing) 1,500 B. Street & Alley Cleanup (Dept of Corrections) 4,800 Program Delivery Sal / Benes (Contract, auditing) 500 C. Graffiti Abatement 13,000 Program Delivery Sal / Benes 15,579 55,379 1/12/2004 mag Page 1 of 2 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: OIC of Washington (hereinafter "Contractor") 2. Address: 815 Fruitvale Blvd. Yakima, WA 98902-1467 3. Phone: (509) 454-4610 4. Contact Person: Nancy Luenn, Program Director 5. Title of Service or Program being Funded: Project Literacy 6. Amount of Contract Award: $17,090 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight i ,Sunless sooner terminated by either party in accordance with Section XX11 of incorporated hibit "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.2003-152 , 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. Zais, Jr., City : nager n or Title: EX �, k M4'\\,,k, `\\,,k, ATTEST: /moi` City Clerk: City Contract No.: 18/11 / 11 5f7eat 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. 11 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 $ 17,090 for said project. 111 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 04-16-04 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 fumish 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 04-16-04 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 04-16-04 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 04-16-04 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 AQQSIGNMENT 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 04-16-04 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 govemment 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 04-16-04 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 govemment 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 -VH 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 04-16-04 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 04-16-04 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 04-16-04 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. Page 11 of 14 04-16-04 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: 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. 2003-152 (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 govemed 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 04-16-04 EXHIBIT "B" A) PROPOSAL SUMMARY/PROJECT ABSTRACT Project Literacy: Adult Literacy Services at Davis High School Media Center Organization: Project Literacy is a volunteer literacy tutoring service that helps parents and other adults in Yakima achieve the literacy skills they need to participate in their children's education, gain better employment, and contribute their skills to the community. This project serves adults who are at the lowest levels of literacy. These adults do not read, write, or speak English well enough to help their children with schoolwork, read street signs, call 911, understand a firefighter, fill out a job application, read safety instructions, or write an accident report. Low literacy skills among adults have a negative impact on Yakima as a community. Project Literacy recruits volunteers from the community and trains them to tutor illiterate adults. Each tutor makes a minimum 6 -month commitment to work with student(s) two times a week in individual or small group sessions. Since the project began in 1999, we have provided training for 170 tutors, including 34 from other local literacy programs. Our tutors have contributed more than 10,000 volunteer hours. Of our students, 92% are Hispanic, 68% are women, and 78% are raising families. Many of them work seasonally in orchards, fields and fruit -packing houses. The parent organization of Project Literacy is OIC of Washington. OIC provides our program with administrative oversight, office space, and 501(c)(3) non-profit status. The state Office of Adult Literacy recognizes Project Literacy as an exemplary volunteer literacy program and supports us with grant funding, program evaluation, technical assistance, and tutor training. The Project: The proposed project will expand upon the community resource made possible by the Community Development Block Grant awarded to Davis High School in 2003. This grant will allow Davis High School to open its library to the public four evenings a week. Working in partnership with Davis Media Center Director, Lynne Greene, Project Literacy will recruit volunteer tutors, match them with adult students, and assign these volunteers to the Davis High School Media Center as their tutoring site. This partnership will meet Ms. Greene's goal of offering literacy tutoring during the media center's extended hours. The requested grant funding will allow Project Literacy to expand the number of tutors in our program. Project Literacy will provide the volunteer tutors with training, instructional materials, and ongoing supervision. Davis High School will provide the media center facility, including use of the computer labs, as an in-kind donation. Ms. Greene has agreed to donate time to coordinate with Project Literacy, whose staff will have primary responsibility for project administration. In addition to literacy tutoring, the project will provide computer-based literacy instruction, and English/Spanish conversation sessions that are open to the public. A part-time tutor supervisor will be responsible for supervising Project Literacy tutors at Davis High School, computer-based literacy instruction, English/Spanish conversation sessions, and related publicity. The Adult Literacy Services Project 'svill expand the opportunities for adults in the CDBG target area who are unable to attend basic skills and English as a Second Language classes. It will provide a cultural bridge between English-speaking and Spanish-speaking residents of Yakima. Cost: CDBG Funds: $17,090. State Funds: $2,955. Applicant share: $12,805. Total: $32,850. Project Literacy Adult Literacy Services Project at Davis High School 2 B) ASSESSMENT OF NEED/PROBLEM STATEMENT Low literacy skills among adults have a negative impact on Yakima as a community. The high percentage of undereducated and illiterate adults in the Yakima Valley affects schoolchildren, health care providers, emergency personnel, employers, and public safety. Everyone suffers from the impacts of illiteracy, not just adults who can't read, write, or speak fluent English. In Yakima County, over 30% of adults ages 25+ did not graduate from high school (US Census 2000). Adults with little education may also be illiterate in English. The National Institute for Literacy estimated in its most recent National Adult Literacy Survey that 23% of adults in Yakima County are at Level 1 literacy (the lowest on a scale of 1 — 5). Adults at literacy Levels 1 and 2 total 52% of the population. These adults cannot perform necessary tasks like helping their children with schoolwork, reading street signs, calling 911, filling out a job application, reading safety instructions, or writing an accident report. Low levels of education and literacy contribute to an unskilled workforce and elevated poverty rates, which are the second highest in Washington state (US Census 2000). Many illiterate adults in Yakima work long hours during the growing and harvest seasons. Some have work schedules that frequently change. These adults are unable to attend classes that lack flexibility. A free tutoring service in a convenient location gives them the opportunity to learn. Adults who passed through the American public school system without learning to read and write often cannot acquire these skills in a classroom. They need a different learning situation in order to achieve the literacy skills all adults must have to function in the 21st century. One-on- one tutoring gives these adults the individual support and confidence they need to learn. C) PROGRAM GOALS AND OBJECTIVES Goals: The purpose of Project Literacy is to raise literacy levels in Yakima by providing a free volunteer tutoring service to parents and other adults. The goals of the program are: • Provide literacy instruction to adult students whose basic skills are at the lowest levels of literacy as determined by state and federal standards • Target the needs of students on an individual basis • Offer a free program to benefit the economically poor Objectives: The Adult Literacy Services Project at Davis High School Media Center will: • Expand Project Literacy's services by offering tutoring for adults at Davis High School Media Center in basic literacy skills and English as a Second Language • Provide tutoring services at times that are convenient for low-income working adults • Provide a supportive learning environment that will help adults gain literacy skills • Offer computer-based literacy instruction two nights a week • Host English/Spanish conversation sessions open to the public D) METHODOLOGY Project Literacy will recruit ten volunteer tutors with the goal of having six volunteers tutoring at Davis High School Media Center on an ongoing basis during the term of the project. Project Literacy staff will provide these volunteer tutors with training in teaching literacy skills and/or English as a Second Language, and match them with adult students. Tutors in the Adult Literacy Project Literacy Adult Literacy Services Project at Davis High School 3 Services Project will be assigned to Davis High School Media Center as their tutoring site. Project Literacy will provide instructional materials and ongoing supervision for these tutors. Students will be recruited through word-of-mouth, agency referrals, and Davis High School publicity channels as approved by the school's administration. Prior to matching them with a tutor, students will be interviewed regarding their goals, education level, and the best times for them to study. They will be given an assessment test to determine their level of literacy. Interviews will be offered in Spanish if the student is unable to speak English. Students will study twice a week with their assigned tutor in either individual or small group sessions. Davis High School will provide the media center facility, including use of the computer labs, as an in-kind donation. Project Literacy tutors will be assigned to teach during the extended hours that Davis High School Media Center is open to the public. Individual tutoring sessions will be held at times convenient to both the tutor and his/her student. Tutoring services in the Adult Literacy Services Project will be enhanced by: 1. Computer-based Literacy Instruction: The project will offer English as a Second Language instruction two nights a week in the Davis High School Media Center using a free interactive program, `English for All", which is currently available on the Internet. These computer lab sessions will also provide an opportunity for low -literacy adults to gain basic computer skills. A part-time Project Literacy tutor supervisor will provide instruction and computer lab supervision during these sessions. 2. English/Spanish Conversation Sessions: Adults who are learning English as a Second Language need opportunities to practice their new skills. Many of these adults work in places where Spanish is the primary language spoken, and are unable to practice during the workday. Family dynamics or fatigue may prevent them from practicing at home. English -speakers who wish to practice and improve their Spanish skills often lack opportunities to do so. By hosting monthly English/Spanish conversation sessions at Davis High School Media Center, the Adult Literacy Services Project will give both of these groups the opportunity to share language skills with each other, and build a cultural bridge between English-speaking and Spanish-speaking residents of Yakima. A part-time tutor supervisor will be responsible for supervising Project Literacy tutors at Davis High School Media Center, computer-based literacy instruction, English/Spanish conversation sessions, and publicity related to the Adult Literacy Services Project. Timeline: The project will begin in 2004 and span approximately nine months during the school year. It will take place during the extended hours that the Davis High School Media Center is open to the public (3:00 — 10:00 p.m. Monday — Thursday). Project Literacy plans to assign some tutors to the media center as soon as its extended hours begin (probably in November 2003). Additional project services will be offered once CDBG grant funding is available and a part-time tutor supervisor has been hired. If funding is not available until spring or summer 2004, the project will be extended into 2005. E) EVALUATION The success of the Adult Literacy Services Project will be measured by: • Number of volunteer tutors • Number of tutoring hours Project Literacy Adult Literacy Services Project at Davis High School 4 • Progress of the students being tutored • Number of adults attending computer lab sessions • Community participation in the English/Spanish conversation sessions Project Literacy receives a volunteer literacy program grant from the Office of Adult Literacy of the Washington State Board of Community and Technical Colleges. Under the terms of this funding, our program is evaluated under the standards set by Washington State for volunteer literacy programs. These standards include: • Reporting requirements for the numbers of students and tutors in the program, the number of preparation and tutoring hours, training provided, and demographics • Quarterly reports of student attendance and progress • Standardized testing as mandated by the state and federal government • Ability to meet program quality standards for volunteer adult literacy programs* State evaluation standards will be followed during the Adult Literacy Services Project. * Project Literacy received 89 points out of 90 possible points during a program quality site review conducted by the Office of Adult Literacy on September 5, 2003. The reviewers recognized Project Literacy as an exemplary volunteer literacy program. F) COMMUNITY INVOLVEMENT Involvement in Program Development: These organizations have or will have committed actual or in-kind resources to the development of this project: • Project Literacy • Davis High School • OIC of Washington • Office of Adult Literacy, Washington State Board of Community and Technical Colleges Involvement in Program Implementation: Volunteer tutors from the Yakima community will be central to implementation of this project. Equally important are the adult students, who commit their free time and best efforts to improve their English literacy skills. Other community members who will contribute to the success of the project are adults participating in computer lab sessions, and members of the public attending English/Spanish conversation sessions. Involvement in Program Evaluation: Volunteer tutors, literacy students, and participants in the computer lab and English/Spanish conversation sessions will have the opportunity to evaluate their experience with the Adult Literacy Services Project. Collaboration with Other Community Organizations: Project Literacy is collaborating with Davis High School and OIC of Washington to develop and implement this project. The Tacoma Community House Training Project will provide tutor training through a contract with the state Office of Adult Literacy. G) BUDGET Budget Summary: See page 5 Budget Narrative: See page 6 Project Literacy Adult Literacy Services Project at Davis High School 5 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET FOR 2004 ORGANIZATION: PROJECT LITERACY (OIC OF WASHINGTON) PROJECT: ADULT LITERACY SERVICES AT DAVIS HIGH SCHOOL MEDIA CENTER Expense Categories CDBG Funds State, Federal or Private Funds Applicant Share (Cash/In-Kind) Total Personnel: Literacy Director $2,868 $1,300 0 $4,168 Asst. Director $3,845 935 0 $4,780 Tutor Supervisor $6,502 0 0 $6,502 Volunteer Tutors 0 0 $6,965 $6,965 Davis HS Media Center Director 0 0 $1,000 $1,000 Fringe Benefits: Literacy Director $855 $270 0 $1,125 Tutor Supervisor $1,430 0 0 $1,430 Travel $105 $55 $640 $800 Equipment 0 0 0 0 Supplies $220 $100 0 $320 Contractual 0 0 0 0 Other: 1. Facility 0 0 $2,700 $2,700 2. Instructional $900 $215 0 $1,115 Books/Supplies 3. Tutor Training $120 0 $1,500 $1,620 4. Communication $160 $80 0 $240 5. Publicity $85 0 0 $85 Total $17,090 $2,955 $12,805 $32,850 Project Literacy Adult Literacy Services Project at Davis High School 6 BUDGET NARRATIVE Personnel: To provide English literacy tutoring, computer-based literacy instruction, and English/Spanish conversation sessions at the Davis High School Media Center, these personnel are needed: • Program Director, Project Literacy: Responsible for project oversight, grant management, tutor recruitment and training. 7.4 hours a week at $14.53 an hour for 9 -month school year. $4,168 • Assistant Director, Project Literacy: Responsible for student intake and assessment, snatching students with tutors, coordinating tutor supervision, and student progress testing. 6.8 hours a week at $14.53 an hour for 9 -month school year. $4,780 • Tutor Supervisor: Responsible for supervising Project Literacy tutors at Davis High School, computer-based literacy instruction, English/Spanish conversation sessions, and related publicity. 12 hours a week at $14.00 an hour for 9 -month school year. $6,502 • Volunteer tutors: Average of six volunteers tutoring 3 hours a week. In-kind donation of volunteer time at $10.00 an hour. $6,965 • Davis High School Media Center Director: Coordination of project with Project Literacy. In-kind donation. $1,000 Fringe Benefits: • Program Director: Payroll taxes and benefits @ 27% $1,125 • Assistant Director: No payroll taxes or benefits are paid due to the assistant director's status as a member of the Dominican Sisters. • Tutor Supervisor: Payroll taxes and benefits @ 22%. $1,430 Travel: Local travel to/from Davis High School by volunteers and Project Literacy staff for the purposes of literacy tutoring and supervising tutors. $800 Equipment: None. Supplies: Office supplies, copies, and postage related to project. $320 Contractual: None. Other: 1. Facility: Davis High School Media Center use. In-kind donation. $2,700 2. Instructional Books/Supplies: Textbooks and teaching materials. $1,115 3. Tutor training: Training costs for 10 tutors over the term of the project. Includes in-kind donation for tutor training from Tacoma Community House and the state Office of Adult Literacy. $1,620 4. Communication: Phone and email service related to the project. $240 5. Publicity: Costs of publicizing the availability of adult literacy services at Davis High School Media Center. $85 Total: $32,850 Project Literacy Adult Literacy Services Project at Davis High School 7 H) LEVERAGING AND PARTNERHIPS Davis High School Media Center Director Lynne Greene has stated her commitment to offer literacy tutoring during the media center's extended hours, and welcomes the opportunity to work with Project Literacy as a provider of these services. Steve Mitchell, Deputy Director of OIC of Washington, has affirmed his commitment to continuing the adult literacy tutoring service provided by Project Literacy. Project Literacy has received a Volunteer Literacy Program grant from the state Office of Adult Literacy for each of the last four years. A portion of the funding received for 2003-2004 will be allocated to the Adult Literacy Services Project. In addition, the Office of Adult Literacy will provide training for volunteer tutors through its contract with Tacoma Community House. Volunteer tutors have given generously of their time since Project Literacy began in October 1999. Their willingness to help other adults gain literacy skills makes this project possible as an ongoing community service. It is estimated that volunteer tutors will give more than 695 hours to the Adult Literacy Services Project over a 9 -month period, an in-kind donation valued at $6,965. If the first 9 -month term of the Adult Literacy Services Project is funded through the City of Yakima's 2004 Community Development Block Grant, Project Literacy will work with Davis High School Media Center and OIC of Washington to solicit long-term funding for the project. This fall, Project Literacy is applying for funding through the Rotary Club of Yakima, Yakima Valley Zonta Club, and the Catholic Campaign for Human Development. We are exploring partnerships with Starbucks and the Adrian Dominicans (Dominican Sisters of Edmonds). We have already approached the United Way of Yakima about applying for funding when their next grant cycle begins. In spring 2004, we plan to apply for an English Language Civics grant through the state Office of Adult Literacy. We will also apply for renewal of our 3 -year Volunteer Literacy Program (VLP) grant. Given Project Literacy's recent high score (89 out of 90) on the VLP site review, we anticipate continuing to receive state funding. I) REQUIRED ADMINISTRATIVE INFORMATION 1. Resolution by governing body authorizing application: Enclosed 2. Letters of commitment from other organizations contributing financially to the project: a. Letter from the Davis High School Media Center Director: Enclosed b. Letter from the Office of Adult Literacy Director: Enclosed 3. IRS Determination Letter: Enclosed 4. Evidence of incorporation in the State of Washington: Enclosed Supplemental Materials • Project Literacy Program Description with Photos • Flyer: "Children get left behind...when their parents are illiterate" RESOLUTION NO. R-2003-1 52 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to submit an Annual Action Plan to the United States Departutent of Housing and Urban Development. WHEREAS, the City of Yakima receives Community Development Block Grant funds through the United States Department of Housing and Urban Development and is required to file an Annual Action Plan each year as part of the Consolidated Plan; and WHEREAS, the Annual Action Plan is developed using a citizen input process, under the direction of the Yakima City Council; and WHEREAS, the Annual Action Plan includes the 2004 Community Development Block Grant (CDBG) and HOME budgets, activities and expenditures as projected by the Office of Neighborhood Development Services; and attached hereto; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to submit the Annual Action Plan to the United States Department of Housing and Urban Development as required by federal regulation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized to execute the CDBG and HOME application documents, including certifications and submit them to United States Department of Housing and Urban Development as required by the Consolidated Plan. The City Manager is hereby designated as the official representative of the City of Yakima to act in connection with the application and the Annual Action Plan. 7f ADOPTED BY THE CITY COUNCIL this / day of 4_, , 2003. Si MARY r t;CE ATTEST: �a1i 4.rri w e RE TITS, CM City Clerk Mayor City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan CDBG EXPENDITURES Kev:, Citizen Participation Categories: Programs within Those Categories Sub -sets of Programs (Activities) 2004 ADOPTED BUDGET . Economic Development Jobs A. ClientLogic - Program 570.203 (b) Program Delivery Sal / Benes (Monitoring, etc) 140,000 2,500 142,500 II. Community / Public Services 570.201 (e) A. Services - Economic Development (Educational / Training) 1. Downtown Development Program Delivery Sal / Benes 35,000 500 2. Business Development Training / Workshops 14,000 Program Delivery Sal / Benes (Assisting in Program Dev / Oper) B. Services - Community / Public 1. EPIC "Ways to Work" 2. Central Washington Oral Health Foundation "SMILE Program" 3. OIC of Washington "Adult Literacy Services Project" 4. Yakima County Best SELF "Bullying Prevention Program" Program Delivery Sal / Benes (Monitoring, recordkeeping, etc) (15% of 1,440,000 = $216,000) ($153,322 = 10.64%) 12,000 15,000 19,832 17,090 32,000 7,900 153,322 IV. CDBG Single Family Housing 570.202 (b) A. Senior & Disabled Rehab Program Program Delivery Sal / Benes (Application, specs, contracts,etc) B. Exterior Paint 123,500 Program Delivery Sal / Benes (Application, specs, contracts,etc) C. Lead -Based Paint Abatement 570.202 (f) 30,000 20,000 Program Delivery Sal / Benes (Application, specs, contracts,etc) D. Professional Svcs: ie, property transfers, legal, etc 10,000 25,000 Program Delivery Sal / Benes (Document Prep, Recording, etc) 6,000 24,045 12,000 V. CDBG Interim Assistance 570.201 (f) (1) (ii) A. Neighborhood Cleanup Campaigns 250,545 Program Delivery Sal / Benes (Contract, auditing) 20,000 1,500 B. Street & Alley Cleanup (Dept of Corrections) Program Delivery Sal / Benes (Contract, auditing) C. Graffiti Abatement Program Delivery Sal / Benes 1/12/2004 mag Page 1 of 2 4,800 500 13,000 15,579 55,379 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Central Washington (hereinafter "Contractor") Oral Health Foundation 2. Address: 107 So. 7th Avenue, Suite 205 Yakima, WA 98902 3. Phone: (509) 248-1305 4. Contact Person: Steven Fuhriman, Administrator 5. Title of Service or Program being Funded: SMILE Program 6. Amount of Contract Award: $19,832 (CDBG) 7. The term f this Contract shall commence upon execution hereof and shall terminate at midnight 27 o,5 -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.2003-152 , 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 "0". 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 Manager Contractor 4,11114 ) i 4 D e ATTEST: ,< City Clerk: �J City Contract No.: aw,y 5;5. /oy Dat ate 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 $ 19,832 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 04-16-04 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 04-16-04 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 04-16-04 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 04-16-04 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 04-16-04 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 04-16-04 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 04-16-04 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. 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 Alt 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 04-16-04 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 04-16-04 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. Page 11 of 14 04-16-04 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: 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. 2003-152 (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 04-16-04 EXHIBIT "B" CDBG Grant Proposal Central Washington Oral Health Foundation Expanded Smiles Program A. PROPOSAL SUMMARY/PROJECT ABSTRACT The number 1 chronic preventable disease in America is dental decay. This "silent epidemic" affects "our most vulnerable citizens — poor children, the elderly, and many members of racial and ethnic minority groups" (Government Accounting Office, 2000). There are striking disparities in dental disease by income. "Poor children suffer twice as much dental caries as their more affluent peers, and their disease is more likely to be untreated" ("Oral Health in America: A Report of the Surgeon General", 2000, p. 2). For these reasons, Central Washington Oral Health Foundation (CWOHF) - the grant applicant - was founded in 2000 to deal with the issues of education, access and preventive dental care to children and youth. The foundation operates two programs: 1) Mom & Me Dental Care (an Access to Baby and Child Dentistry demonstration project) program for children under six years of age, and, 2) a "Smiles" program where local, private -practicing dentists, hygienists and assistants within the county volunteer services for children and youth 6 to 19 years old. This proposal is designed to implement an expanded "Smiles" program with Sealant -Restoration Days to be held at the YVCC Dental Hygiene Department facility in February, May and September. This never -before, collaborative effort with YVCC will be undertaken in the city, with the expectation of continuing the Sealant - Restoration Days each and every year thereafter. Funding for this expanded program will be shared by the Central Washington Oral Health Foundation and the CDBG grant from the city of Yakima's Office of Neighborhood Development Services. Projected cost is $34,414 - with $19,832 coming from the CDBG grant, and $14,582 from other sources. B. ASSESSMENT OF NEEDS/PROBLEM STATEMENT Yakima is two and one-half hours from Seattle, three and one-half hours from Spokane, and three and one-half hours from Portland. This distance acts as a buffer with Yakima as the major city in this predominately rural, agricultural area. The 2000 U.S. Census depicts the city of Yakima as a high at -risk community. Population and income data are presented below: Population Race: Caucasian Hispanic Median Household Income Median Family Income Per Capita Income % of families below FPL City of Yakima Yakima Co Washington State 71,845 222,581 5,894,121 59.8 33.7 $29,475 $34,798 $15,920 17.1 1 56.5 78.9 35.9 7.5 $34,828 $45,776 $39,746 $53,760 $15,606 $22,973 14.8 7.3 Based on this data, the city of Yakima has significant economic issues — low family income and a large number of families below the federal poverty level (FPL). Also, the metropolitan city of Yakima has 34,737 children and youth under the age of nineteen on medical coupons. In a fiscal year 2002, only 2,067 of them used dental care services — or, 6.0 percent. Interestingly, the city of Yakima has 72.8 percent of the county's Medicaid population under 19 (Source: DSHS Report for Fiscal Year 2002). Another interesting statistic that impacts dental health is the number of dentists per 1,000 population. Yakima County has .36 dentists per 1,000 population while Washington State has .67 dentists per 1,000 population. Yakima County has almost half the number of dentists per 1,000 population as other places in the state. This translates into higher number of individuals per dentist, increasing the difficulty to access dental care. A lack of dental treatment often result in children who: 1) suffer from toothaches, 2) have low self-esteem due to missing or blackened teeth, 3) are fidgety in the classroom or at home, 4) experience higher absenteeism from school. Greater dental care emphasis must be placed within the boundary of the city of Yakima to find and provide dental care to this underserved population. While CWOHF implemented the Mom & Me Dental Care program with over 8,700 enrollments since June 1999 and provided preventive and restorative care to over 600 children in the volunteer "Smiles" program, much more can be done. For this purpose, CWOHF wishes to collaborate with YVCC dental hygiene department in utilizing their facility and personnel for this expanded "Smile" program. C. PROGRAM GOALS AND OBJECTIVES The foundation's mission statement reads: "A non-profit organization dedicated to promoting improved oral health through education and increased access to oral health care in Central Washington." The primary objective of the expanded "Smile" program is to improve dental care access for children of low -to -moderate income families. This objective is accomplished by the Sealant - Restoration Days offered by volunteer dentists and staff, and YVCC dental hygiene students and staff. The goal is see 120 children and perforin 320 sealants, 40 exams and have 150 teeth restored during the first event. The second and third events of the year are estimated to see 180 children and youth at each event, to have the same number of sealants, with 60 exams and 200 teeth restored. This represents 480 children and youth of low -to -moderate income families in the first year. A second objective of the Sealant -Restoration Day is to bring together the dentists and dental hygiene students into a professional working relationship where observing and teaching can take 2 place. When dental hygiene students observe and participate in real-world experiences like dental restorations, the educational process is enhanced, and student learning increases. For the students, the goal of this day will be to bring 80 percent or 29 dental hygiene students together to learn and observe dental techniques of full restoration services used in dentistry. For the dentists, a goal is to have 12 dentists volunteer for each of the Sealant -Restoration Days. Two shifts of 6 dentists each will oversee dentistry. D. METHODOLOGY Sealant -Restoration Days With the continuation of volunteerism in the past, volunteers will be an important aspect of this program, including Y.V.C.C. dental hygiene students and staff, dentists and their staff, and staff of the Central Washington Oral Health Foundation. CWOHF staff includes 2 full-time individuals, and YVCC dental hygiene school has 36 students and 6 instructors. The Yakima Valley Dental Society has an executive board of 4 local dentists who will provide support in recruiting dentists. YVCC dental hygiene school has nineteen (19) operatories available for treating patients at a single time. A successful Sealant -Restoration Day occurs in a sequential manner. These steps include, but not limited to: 1) YVCC dental hygiene staff, YVDS dentists and CWOHF board and staff will plan the event and develop a daily patient schedule. 2) CWOHF staff will find (through promotion with posters and flyers) and enroll low -to -moderate income children and youth and set an appointment time, with the appropriate forms filled out and signed by parents. Community agencies and organizations will be approached for fmding patients, similar to the way they are currently working with CWOHF in the Mom & Me Dental Care program. 3) CWOHF staff will recruit dentists, hygienists, assistants and students for each of the events. 4) CWOHF staff with the cooperation of the dental hygiene school will seek the necessary equipment, supplies and instruments (where necessary) through donations, purchases, and temporary usage from dental offices. 5) The Sealant -Restoration Day will be held, and services rendered by volunteer dental professionals. 6) Evaluations will be performed for public input from families as well as from the volunteers. 7) A report will be generated for each Sealant -Restoration Day, with a final report to the city of Yakima officials for the entire year of activities. E. EVALUATION The success of the program is not measured so much in how many children were seen, but in the procedures performed and the family's feelings as a result of accessing dental care. While numbers will be tallied on patients seen, hours of volunteerism, and types of procedures, parents and patients will be surveyed as they exit the event to determine satisfaction of accessed dental care. Charts will be reviewed to gather information on procedures performed. The charts will remain the property of CWOHF, the same as currently done in both the Mom & Me and Smiles volunteer programs. 3 YVCC dental hygiene staff and students, dentists and other volunteers will be asked to participate in a survey to determine strengths and weaknesses and volunteer satisfaction. The program will be adjusted or modified based on the results of these surveys. F. COMMUNITY INVOLVEMENT Citizen Involvement in program development — Program development will involve the Yakima Valley Dental Society dentists, CWOIIF board and staff, and YVCC Dental Hygiene Department staff. Citizen involvement in program implementation — Citizens will be asked through promotions to participate by signing their children and/or youth to participate in these events. Dentists, hygienists, assistants, students and instructors will participate as volunteers. Citizen involvement in program evaluation - A simple exit survey of participants or parents will be conducted as the patient/parent leaves the Sealant -Restorative Day event. Students and volunteer dental professionals will also be asked to complete a program evaluation form. Collaboration with other community organizations - Central Washington Oral Health Foundation currently serves on the Yakima County Children's Oral Health Coalition, the Yakima Healthcare Coalition and Yakima Anti -Tobacco Alliance. Various healthcare professionals are present at these different meetings, and will be important contacts for continued program support. Schools east of 16th Avenue, businesses, organizations and agencies will be given flyers and posters announcing the event, and the necessary information to sign-up the respective age categories and socio -economics of the children and youth. G. BUDGET The CDBG budget request of $19,832 is outlined on the following page, depicting $19,832 of requested funds: 4 City of Yakima Office of Neighborhood Development Services Proposal for Community Services Budget Sheet for 2004 Organization: Central Washington Oral Health Foundation Project: Expanded Smiles Program State. Fed Applicant Share Expense Category CDBG Fiords Or Priv. Funds (Cash/In-Kind) Total Personnel $ 6,000 5,100 11,100 Fringe Benefits $ 700 600 1,300 Travel $ 432 432 864 Equipment $ 2,000 3,000 5,000 Supplies $10,000 5,000 15,000 Contractual $ - - - Other: Printing $ 700 300 1,000 Office Supplies $ - 150 150 TOTAL $19,832 8,000 6,582 $34,414 Budget Narrative Personnel — The CWOHF Administrator will oversee the daily operations of the project, and meet regularly with YVCC staff, dentists and board members to plan, implement and evaluate the program. Administrator is projected to be $2,000 (74 hours). An Outreach Manager will promote and sign-up children and youth - projected at $4,000 (222 hours). Payroll expenses will partially be paid by applicant share (CWOHF). Fringe Benefits - includes medical and dental for the Administrator and Outreach Manager, and necessary tax deductions. Travel — 1,200 miles (at .36 cents per mile) are expected to be traveled in visiting schools, attending meetings, signing up volunteer dentists, hygienists and assistants, transferring supplies and equipment from offices to event site for three events. Applicant will share in expenses. Equipment — High speed handpieces, burs, discs, mandrels, polishing points, curing lights, etc. A grant from another source (e.g. Washington Dental Service Foundation) will be used to secure additional equipment needs in early 2004, along with donated equipment from offices. Supplies — Sealant and Restoration supplies include: instruments, crowns, fluoride varnish, sealants, amalgams, syringes, rubber dams, shades of dyract, wedges, bonding agents, anesthetics, cleansers, sealant materials, gauze, gloves, etc. Additional supplies like toothbrushes, paste and floss will be donated. Other grant money of $5,000 will fund supplies. Printing — Posters and flyers will be printed for local printer. 5 Reasonableness of Budget Without the dental hygiene student participation, sealant -restorative days would be next to impossible to implement. Dental care is very labor intensive, requiring up to three or four dental professionals to care for one patient. Equipment, instruments and supplies are costly to purchase and maintain. Where possible, donated supplies and equipment will be used. However, it is anticipated that some equipment and supplies will be purchased from another grant resource (e.g. Washington Dental Service Foundation) totaling $8,000. LEVERAGE and PARTNERSHIP Future Funding The funds requested in this proposal is "seed money" for starting the Sealant -Restoration Day for the first year. Thereafter, with a successful first year program, funds will be generated by billing DSHS for services rendered in order to conduct three Sealant -Restoration Days in each succeeding year. Projected revenue for the second year with three Sealant -Restorative Days is $45,000. Partnerships The success of the Central Washington Oral Health Foundation has been the dedication of the staff and board members, and the interaction with many community organizations and agencies. The invaluable partnership with YVCC dental hygiene department is invaluable to this program. From the beginning, every conceivable agency and organization will be approached for patient referrals. A listing of organizations to be collaborated include: EPIC, Yakima Regional Hospital, Memorial Hospital, DSHS, First Steps, Yakima Housing Authority, Planned Parenthood, churches, daycare centers, treatment centers, including Triumph; alternative schools, various public and private schools, YV-Tech, many businesses, including fruit processing and storage, packing and shipping companies, Wal-Mart, K -Mart, Target, Fred Meyer, etc. The Sealant -Restoration Days will be a community -oriented project for Medicaid -eligible children and youth ages 6 through 18 years old. Central Washington Oral Health Foundation seeks to enhance and improve the quality of life for low -to -moderate income children and youth in the city of Yakima. 6 IT "C" RESOLUTION NO. R-2003-.1.52 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to submit an Annual Action Plan to the United States Department of Housing and Urban Development. WHEREAS, the City of Yakima receives Community Development Block Grant funds through the United States Department of Housing and Urban Development and is required to file an Annual Action Plan each year as part of the Consolidated Plan; and WHEREAS, the Annual Action Plan is developed using a citizen input process, under the direction of the Yakima City Council; and WHEREAS, the Annual Action Plan includes the 2004 Community Development Block Grant (CDBG) and HOME budgets, activities and expenditures as projected by the Office of Neighborhood Development Services; and attached hereto; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to submit the Annual Action Plan to the United States Department of Housing and Urban Development as required by federal regulation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized to execute the CDBG and HOME application documents, including certifications and submit them to United States Department of Housing and Urban Development as required by the Consolidated Plan. The City Manager is hereby designated as the official representative of the City of Yakima to act in connection with the application and the Annual Action Plan. ADOPTED BY THE CITY COUNCIL this / day of ..., 2003. ATTEST: Si MARY PLACE Mayor City Clerk City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan CDBG EXPENDITURES Key: 2004 ADOPTED BUDGET Citizen Participation Categories: Programs within Those Categories Sub -sets of Programs (Activities) . Economic Development Jobs 570.203 (b) A. ClientLogic - Program 140,000 Program Delivery Sal / Benes (Monitoring, etc) 2,500. 142,500 II. Community / Public Services 570.201 (e) A. Services - Economic Development (Educational / Training) 1. Downtown Development 35,000 Program Delivery Sal / Benes 500 2. Business Development Training / Workshops 14,000 Program Delivery Sal / Benes (Assisting in Program Dev / Oper) 12,000 B. Services - Community / Public 1. EPIC "Ways to Work" 15,000 2. Central Washington Oral Health Foundation "SMILE Program" 19,832 3. OIC of Washington "Adult Literacy Services Project" 17,090 4. Yakima County Best SELF "Bullying Prevention Program" 32,000 Program Delivery Sal / Benes (Monitoring, recordkeeping, etc) 7,900 (15% of 1,440,000 = $216,000) ($153,322 = 10.64%) 153,322 IV. CDBG Single Family Housing 570.202 (b) A. Senior & Disabled Rehab Program 123,500 Program Delivery Sal / Benes (Application, specs, contracts,etc) 30,000 B. Exterior Paint 20,000 Program Delivery Sal / Benes (Application, specs, contracts,etc) 10,000 C. Lead -Based Paint Abatement 570.202 (f) 25,000 Program Delivery Sal / Benes (Application, specs, contracts,etc) 6,000 D. Professional Svcs: ie, property transfers, legal, etc 24,045 Program Delivery Sal / Benes (Document Prep, Recording, etc) 12,000 250,545 V. CDBG Interim Assistance 570.201 (f) (1) (ii) A. Neighborhood Cleanup Campaigns 20,000 Program Delivery Sal / Benes (Contract, auditing) 1,500 B. Street & Alley Cleanup (Dept of Corrections) 4,800 500 Program Delivery Sal / Benes (Contract, auditing) C. Graffiti Abatement 13,000 Program Delivery Sal / Benes 15,579 55,379 1/12/2004 mag Page 1 of 2 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: Enterprise for Progress in the Community (EPIC) (hereinafter "Contractor") 2. Address: 2902 Castlevale Road, Suite A Yakima. WA 98909-0279 3. Phone: (509) 248-3950 4. Contact Person: Ed Ferguson, Executive Director 5. Title of Service or Program being Funded: Ways to Work 6. Amount of Contract Award: $15.000 (CDBG) 7. The term of this Contract shall commence upon execution hereof and shall terminate at midnight 1-4-1.4,..•eV , 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.2003-152 , 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 clay and year indicated below. Contractor Title: g ATTEST: City Clerk: City Contract No.: Rod y 1"-i/ SI/lld�� 1 4 ile D to t9//OL/ z7aq D to 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. 11 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 fumish 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 $ 15,000 for said project. II! 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 04-16-04 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 04-16-04 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. !n 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 (1i), 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 04-16-04 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 01 14 04-16-04 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 Ferieral, 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 0416.04 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 Govemment 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 govemment 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 govemment, the Contractor agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima ONDS or federal govemment 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 04-16-04 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 He 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 04-16-04 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 fumished 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 Ail 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 04-16-04 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 04-16-04 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. Page 11 of 14 04-16-04 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: 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. 2003-152 (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 04-16-04 EXHIBIT "B" Office of Neighborhood Development Services 2004 Community Services Request for Proposals Application Form for EPIC Ways To Work Program A. PROPOSAL SUMMARY/PROJECT ABSTRACT: Enterprise for Progress in the Community (EPIC), is requesting funds in the amount of $15,000 to aid with implementation of the Ways to Work Program in our area. The goal of Ways to Work is to provide small loans to low-income families to support the parents' employment or allow them to pursue education that will lead to employment. These families are not presently credit worthy for a variety of reasons—some Hispanic families have never used a bank before and thus have not established a credit history; many low-income single mothers have experienced bad debt or bankruptcies during a divorce; others have had medical problems that temporarily affected their ability to keep up with bills and, as a result, have a negative credit history. This program gives those with the desire to succeed a second chance. Ways to Work loans are available for purchase or repair of a vehicle, mortgage or housing expenses, childcare, and other purposes relating to keeping families employed. Loans cannot be used for travel, taxes, fines, credit card bills, tuition or books, or business expenses. Loans range from $500 to $4,000, depending on the purpose. The majority of loans through Ways to Work are made for transportation needs. Borrowers are required to pay loans back within two years at an interest rate of up to 8%. Ways to Work was developed in 1984 by the Minnesota McKnight Foundation, and was so successful that the program itself was incorporated as a nonprofit organization in 1998 and is now being replicated throughout the country. Ways to Work program sites have operated in more than 20 states. Ways to Work has a proven track record, having successfully assisted more than 18,000 families with $23 million in loans. Locally, EPIC will administer this program in partnership with Consumer Credit Counseling Service of Yakima Valley and Yakima Federal Savings and Loan. EPIC has obtained a federal earmark in the amount of $496,000 for this program. EPIC is a private nonprofit, 501(c)3 organization that has been serving communities in Central Washington since 1965. Headquartered in Yakima, Wash., each year EPIC serves 7,850 children, youth and families throughout an eight county region from 18 facilities. With a budget of $18,000,000, EPIC provides Head Start, Seasonal Head Start, Migrant Head Start, Early Head Start, Medicaid Therapeutic Child Care, Early Childhood Education Assistance Program, Crisis Nursery, Youth Crisis Centers, Foster Care, Residential Group Behavioral Rehabilitation, and Family Counseling Services. EPIC is one of only four agencies in the nation to provide all four types of Head Start programs. We are dedicated to the mission of working with children, youth and families to provide services that strengthen communities. Ways to Work recognizes that it takes more than willingness on the part of a low-income person to assume the responsibilities of gainful employment. We know that for someone at this economic level, providing the basics such as reliable transportation and appropriate attire or equipment can contribute to long-term success. Without these "practical needs" being met, people are simply not able to achieve job stability. EPIC and its Ways to Work partners will coordinate $496,000 in loans and will match that with $496,000 cash and in-kind. Our goal is to use the $15,000 requested here to provide loan capital. B. ASSESSMENT OF NEED/PROBLEM STATEMENT: Jenny is a young single woman who found herself pregnant right out of high school. She lives in Zillah, Wash., and receives no support from the baby's father, who has moved to another state and wishes no contact with the child. After he left, it 1 looked like Jenny would become another Department of Social and Health Services public assistance statistic. She dreamed of continuing her education and becoming a nurse, but had no way to pursue this goal. About this time, Jenny's grandfather died, leaving her mother an inheritance. Jenny's mother, realizing the importance of a college education, loaned her the funds to obtain a vehicle. Having a car that runs connects Jenny with a world of opportunity. Today, she works part-time in Yakima and attends the local community college with the goal of obtaining a nursing degree. Childcare for her 16 -month-old daughter is provided at the college, but she has to get herself and the baby there each morning. She can now see her dream within reach. With school, work and parenting, Jenny's days are very long, but she is determined, and her teachers, counselors and employer believe she can succeed. However, without the car provided for her, this young "A" student would not have as bright a future. We know there are hundreds of others in the county with the same problem who are not so fortunate as to have a relative in a position to help, as this young lady's mother was. This is where Ways to Work comes in. As Transportation Secretary Rodney Slater said at the Department of Transportation and Welfare to Work Partnership's Transportation summit (September 1998) "Transportation is the 'to' in `Welfare to Work.' Low-income families trying to become more economically independent can be completely derailed by unexpected expenses that disrupt their lives and threaten their ability to support their children. In many cases, the unexpected crisis involves a car. Many families trying to move into permanent work need to buy or fix a car, arrange for day care for their children, or have reliable telephone service. Financial assistance to cover these important expenditures can help families get beyond the crisis and move forward toward a more stable financial situation, away from welfare and dependency. As welfare reform is implemented across the nation, an increasing number of independent studies highlight the critical role that car ownership plays in the successful transition from welfare to work (Brown, Buck & Skinner, 1998, Ong. 1996, Waller & Hughes, 1999). Federal statistics show that 94% of families on welfare do not own or have access to cars, and Yakima County has many living in poverty. Washington State's Department of Social and Health Services (DSHS) says 42.1% of Yakima County's 224,500 citizens (94,510 individuals) receive some sort of public assistance. Census 2000 revealed that 19.7% of Yakima County live below the federal poverty level. Single parents, particularly moms, are especially vulnerable -46.2% of all families with a female head of household (no husband present) with children under 18 live below the federal poverty level. This increases to 58.5% with children under age 5. Seventy-three percent of children under the age of 18 receive some sort of assistance from the state. Seventy-one percent of all births in Yakima County are paid for by the state's Medicaid program (1991-1996 birth statistics). Many low-income people, individuals who are willing to work, don't have a car. In Eastern Washington, where mass transit is limited, these people have few options. The U.S. Census reports that 96% of Yakima County workers required some kind of transportation to the job in 2000, because they did not work at home. While 2% of all workers walked, a full 91% of workers in Yakima County drove a car, truck or van to work in 2000. Sixty-one percent of these workers had a more than 15 - minute commute to the job. Yakima County is a large geographical area, encompassing 4,296 square miles. Fifty percent of the population lives within the metropolitan Yakima area that includes Yakima, Moxee, Selah, and Union Gap. There are few employers in the area that employ more then 50 people in more than one place. Orchards, fruit packing warehouses, dairies, food processors, and manufacturing facilities are dispersed throughout the county, making it difficult for public transit to provide transportation to and 2 from many of these employers. Agricultural work is problematic in that is located outside of any areas served by public transportation and is often seasonal in nature, with long hours in various locations. Less than 1% of the county's 86,583 workers utilize public transportation, according to Census 2000. Public transportation services are limited to the City of Yakima proper, and very limited service along Highway 97 from Selah to Sunnyside. Yakima Transit buses only run from 6:15 a.m. to 6:30 p.m. Monday through Friday, and 8:45 a.m. to 6:30 p.m. Saturdays. There is no Sunday service. Because of this, many workers who live in the City of Yakima are unable to get public transportation to agricultural jobs located outside of the city. Those who live in smaller cities and unincorporated areas are without public transportation options. Ways to Work partner People for People offers a "Selah to Union Gap Connector" that operates weekdays from 7:45 a.m. until 5:56 p.m. with three visits per day to 6 stops. Their "Yakima to Prosser Connector" operates weekdays from 6:15 a.m. to 6:03 p.m. with three visits to 9 stops. In addition to these public systems, People for People provides transportation to select clients receiving Temporary Aid to Needy Families (TANF) benefits and are enrolled in job training. Seven taxicab services are available in the area for local travel. Greyhound Bus Service and Alaska Airlines are available for out of area travel. Major employers of low-income individuals in Yakima County include: Wal-Mart Retail (Yakima), Wal-Mart Distribution Center (Grandview), Yakama Legends Casino (Toppenish), EPIC (Various), Jack Frost Fruit (Various), Zirkle Fruit (Various), Client Logic (Yakima), Alexandria Molding (Moxee), Darigold (Sunnyside), Yakama Forest Products (White Swan), Snowkist Growers (Various), Tree Top (Selah), Washington Beef (Toppenish), Western Recreational Vehicles (Yakima), Del Monte Foods (Yakima/Toppenish). Independent Food Processors (Sunnyside). Many of these employers operate 24 hours a day, seven days per week, making many shifts impossible to get to without private transportation. Low-income housing is very limited in the City of Yakima, pushing many low-income families into smaller communities or unincorporated areas of the county with no access to public transportation. There is currently nothing in the Transportation Improvement Plan that addresses the transportation needs of these people. Private transportation is their only option. C. PROGRAM GOALS AND OBJECTIVES: Goals: According to Yakirna County Critical Indicators (For A Better Tomorrow Call To Action Report 2002), Yakima County's unemployment rate has been 5 to 6% above the Washington state rate; personal per capita income declined 23.1% as a percent since 1975, and the percentage of individuals living in poverty in Yakima County was 8% above the Washington state rate in 1997. If Yakima is to improve its economic development picture, we must increase the number of residents empowered to pursue an improved socio-economic status. For low-income individuals, this means providing them with the means to maintain steady employment and increase their marketable skills and experience. The ultimate goal of the Ways to Work program is the stabilization or improvement of the financial condition of participating households. The intermediate goal is to remove barriers to employment by ensuring availability of the participant at the workplace and contributing to the job readiness of the participant. The immediate goals of this program are to: ti Protect current employment and enhance employability by resolving transportation problems that impede a participant's availability for work 3 ■ Prepare participants to arrive at work mentally ready to be there ■ Allow participants to gain access to job skills training; ▪ Equip participants to arrive at work with appropriate equipment, footwear, tools, etc. ■ Help participants fulfill critical household functions prior to work Objectives: Over a two-year time period, EPIC's Ways to Work program will have provided 157 families with $496,000 in loans to stabilize their employment and/or education towards employment. The average loan will be $3,200 and 85 to 95% of these loans will be paid back within a 24 -month term. The Ways to Work program impacts communities on a variety of broader levels. For the community at large, Ways to Work brings together partnerships to strengthen the socio-economic infrastructure. For the borrower, the outcome will be reliable transportation leading to a stabilized or improved financial/employment picture, as well as enhanced credit status, not to mention the increased self- esteem from making one's own way, and the example for their children to follow. D. METHODOLOGY: Ways To Work will be operated in all of Yakima County in Washington State. The program will be administered by Frank Rowland, (B.A.- Business Administration), an administrator for EPIC for the past six years. Day-to-day operations will by performed by a yet -to -be - hired program manager (who will report to the Administrator) and assistant. Funds and reporting will be done through EPIC's accounting department, which handles more than $18,000,000 in federal, state, and private billing annually. EPIC will help families apply for loans. To be eligible, a borrower must: be either employed or pursuing post -high school education that will lead to employment; have exhausted other conventional loan sources; have sufficient disposable income; be the custodial parent of a child 17 years old or younger (18 if the child is in high school); and have a household income that does not exceed 80 percent of the area's median income (about $26,000 in 2002 inflation-adjusted dollars). Loan processing will begin with a preliminary review of the application by the Ways To Work Program Manager. Applicants will then establish a budget with the help of staff from Yakima County Consumer Credit Counseling Service and a credit check will be performed to ensure reliability. Applications that meet basic criteria are forwarded to the Ways to Work Loan committee. The community-based volunteer loan committee evaluates and approves loan applications on a weekly or biweekly basis. i he committee is comprised of representatives from financial institutions, human service organizations, and employers from the community). Those approved will be forwarded to Yakima Federal Savings and Loan, who will issue and service the loan. Loans in default will be returned to the Ways To Work Program manager who will act as a collection agent for the loan. Nationally, Ways to Work's experience is that the default rate is less than 15%. Ways to Work will employ a simple, straightforward approach to reaching potential clients in need of small loans. EPIC has joined with local non -profits, businesses, banks and others who come in contact with low-income persons. Promotional posters, flyers and other items will be distributed to a variety of agencies throughout the Yakima Valley. We currently have agreements to work with staff and place material at People for People (a transportation agency); Consumer Credit Counseling Service of Yakima Valley; Horizons, Inc. (a work retraining and assistance agency); Washington State Migrant Council (a Head Start provider); Yakima Federal Savings and Loan, and EPIC Head Start centers. Each agency will receive current information and will be continuously stocked with promotional materials. EPIC will make monthly contact with key staff at these agencies and others. 4 EPIC reaches 2,000 families every year through its early childhood development programs (Head Start, Migrant Head Start, Seasonal Head Start, Early Head Start, Washington State Early Childhood Education Assistance Program, (ECEAP), etc. These programs serve low-income families who are trying to improve their standard of living for themselves and their children. Our Family Home Advocates (FHA's) meet with every Head Start family member in the home, helping them with health, nutritional, parenting and other issues (such as finances) that affect the success of the family as a whole. All of our FHA's will be trained in the Ways To Work program and will present it to their client families. Thus far the general public is also quite interested in the program—Frank Rowland has received an average of one call per week inquiring about it since plans were announced last fall. E. EVALUATION: In 1999, Ways to Work launched an outcome evaluation initiative for the program, including software designed to assist local program staff in the collection of data. EPIC will utilize this software as part of its service as a Ways to Work site. The evaluation assesses the critical outcomes of the program in the lives of borrowers over time, capturing data at program entry, six months post entry, program exit and six months post -exit. The critical outcomes that will be assessed are: 1) loan repayment; 2) gross earned income; 3) public assistance utilization; 4) credit rating; 5) work absences; 6) time in transit to work, and 7) attendance in job related education. In addition, Ways to Work national staff will do on-site training in the software for EPIC staff, training in evaluation procedures, etc. as well as conducting reviews of the EPIC program at quarterly, one-year and two-year intervals. The purpose of these reviews is to develop a report that will be issued to the Department of Transportation. Reporting will include the number of loans, average amount of the loans, number of defaults, etc. F. COMMUNITY INVOLVEMENT: Several agencies are partnering together to provide clients with their specialized expertise. For example, as a client comes in, he or she will meet with EPIC first to determine program eligibility. EPIC will then connect potential loan recipients with the other agencies as follows: ■ Consumer Credit Counseling Services- Provide credit checks, budget counseling and credit counseling to all applicants, provide a member for the volunteer loan review committee. ■ Yakima Federal Savings and Loan – Process and service all loans and provide a member of the volunteer loan review committee. ■ People For People – Make referrals, provide driver's education, job training coordination and provide a member for the volunteer loan review committee. • Horizons Inc – Provide referrals and a member for the volunteer loan review committee. • Yakima County Conference of Governments – Provide a member for the loan review committee. Washington State Migrant Council - Provide a member for the loan review committee. We feel this model, unique to our area, will meet the needs of Yakima people in a stronger way than others because we have the combined talents of all these agencies working together. All of the current partners in Ways to Work of Yakima County are involved in the current application and will be involved in further planning for the program. G. BUDGET (Budget summary attached). Budget Narrative: Thanks to Senator Patty Murray and Congressman Richard "Doc" Hastings, EPIC was provided with a $496,000 federal earmark to start a Ways to Work program in Central Washington. The earmark is located in the Department of Transportation Budget. To access this money, EPIC must match every federal dollar with a local dollar in cash or in-kind. This match is 5 reflected in the summary budget, which contains grant, in-kind and agency matching dollars. The money requested from this application would be part of that dollar -for -dollar match and appears in the loan pool funding line item. Personnel costs consist of one full-time loan coordinator in year one, three coordinators in year two to expand the program to the north and south, a part-time receptionist, part of the program administrator's salary, and a small amount of in-kind time for home visitors to meet with potential clients. Fringe benefits were calculated at the average rate of benefits for current EPIC staff, which is approximately 33% of salary at present. Travel expenses are estimated using current average miles driven per month by EPIC staff in similar positions. No new equipment will be required and supplies are nominal. Contractual services will be provided through in-kind services by Consumer Credit Counseling of Yakima Valley (credit counseling and personal budgeting) and Yakima Federal Savings and Loan (loan servicing). Utilities and rent are based on one office in year one and three in year two on current rental rates. Training and technical support is based on numbers provided to us from the national Ways to Work organization that will provide that support. The indirect rate is for overhead and is based on 11 % of actual expenditures for the program itself. This rate is set by contract with the federal government. The loan pool consists of all the money to be loaned out to clients. H. LEVERAGING AND PARTNERSHIPS: The partnerships mentioned above will provide the following in total contributed expenses to this self-perpetuating loan fund over the two-year period: Yakima Federal Savings and Loan: $78,500; Consumer Credit Counseling of Yakima Valley: $58,850. EPIC is the recipient of a federal earmark in the amount of $496,000 from the Department of Transportation. EPIC will match this amount with in kind and cash. The key aspect of this program is that it is self-perpetuating-- the dollars that are spent (on loans) will return to the program (as loans repaid) to be made available to be spent again (on more loans). The requested $15,000 will allow the City of Yakima to provide support to the Ways to Work program as follows: Funding received as CDBG dollars will go to the "loan pool" to be loaned out to families in our community as part of Ways to Work. This will "release" $15,000 of the federal dollars to be used for operating expenses. It is Ways to Work's experience that sustaining the program depends on the administering agency's ability to manage the program well and to nurture its local supporters. EPIC has the necessary experience and expertise to do this. In addition to 38 years of successful program management, EPIC has the support of the Alliance for Children and Families, which created Ways to Work. In fact, Ways to Work, a Community Development Financial Institution (CDFI) is an arm of the Alliance, dedicated to helping member agencies (such as EPIC) replicate the loan program successfully. Ways to Work accomplishes the end goal by offering training, customized technical assistance on fundraising, and long-term access to low-interest capital to qualified Alliance members. Since 1996, Ways to Work, Inc. has helped Alliance members obtain more than $22 million in local funding from federal welfare reform related initiatives, state TANF programs, lenders, and foundations, as well as $3 million in direct congressional appropriations (not including EP1C's earmark). I. REQUIRED ADMINISTRATIVE INFORMATION: Attached. 6 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES RFP FOR COMMUNITY SERVICES BUDGET SHEET FOR 2004 ORGANIZATION: Enterprise for Progress in the Community (EPIC) PROJECT: Ways to Work Expense Categories CDBG Funds State, Federal or Private Funds Applicant Share (Cash/In Kind) Total Personnel $102,598 $103,820 $206,418 Fringe Benefits $64,634 $64,634 Travel $8,400 $8,400 Equipment Supplies $3,000 $3,000 Contractual ■ Yakima Federal $78,500 $78,500 Consumer Counseling $58,850 $58,850 Other (Specify) ■ Loan pool $15,000 $481,000 $496,000 Utilities/Rent $12,600 $12,600 Training, tech support $38,000 $38,000 Indirect $34,511 $34,511 TOTAL: $15,000 $583,598 $402,315 $1,000,913 7 RESOLUTION NO. R-2003-1 5 2 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to submit an Annual Action Plan to the United States Department of Housing and Urban Development. WHEREAS, the City of Yakima receives Community Development Block Grant funds through the United States Department of Housing and Urban Development and is required to file an Annual Action Plan each year as part of the Consolidated Plan; and WHEREAS, the Annual Action Plan is developed using a citizen input process, under the direction of the Yakima City Council; and WHEREAS, the Annual Action Plan includes the 2004 Community Development Block Grant (CDBG) and HOME budgets, activities and expenditures as projected by the Office of Neighborhood Development Services; and attached hereto; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to submit the Annual Action Plan to the United States Department of Housing and Urban Development as required by federal regulation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized to execute the CDBG and HOME application documents, including certifications and submit them to United States Department of Housing and Urban Development as required by the Consolidated Plan. The City Manager is hereby designated as the official representative of the City of Yakima to act in connection with the application and the Annual Action Plan. ADOPTED BY THE CITY COUNCIL this day of _ �f. 3 r �'l^'f� , 2003. Si MARY 'L.; CF ATTEST: fy'�"�+L��rti;=�E�`S �(-��� CIMC Y I a.�3 fl �S , CIMC City Clerk Mayor City of Yakima Office of Neighborhood Development Services 2004 Annual Action Plan CDBG EXPENDITURES Key: Citizen Participation Categories: Programs within Those Categories Sub -sets of Programs (Activities) 2004 ADOPTED BUDGET . Economic Development Jobs 570.203 (b) A. ClientLogic - Program 140,000 Program Delivery Sal / Benes (Monitoring, etc) 2,500 142,500 II. Community / Public Services 570.201 (e) A. Services - Economic Development (Educational / Training) 1. Downtown Development 35,000 Program Delivery Sal / Benes 500 2. Business Development Training / Workshops 14,000 rogram uel'very Sal / Benes (Assisting in Program Dev / Oper) B. Services - Community / Public 1. EPIC "Ways to Work" 2. Central Washington Oral Health Foundation "SMILE Program" 3. OIC of Washington "Adult Literacy Services Project" 4. Yakima County Best SELF "Bullying Prevention Program" Program Delivery Sal / Benes (Monitoring, recordkeeping, etc) 12,000 15,000 19,832 17,090 32,000 7,900 (15% of 1,440,000 = $216,000) ($153,322 = 10.64%) IV. CDBG Single Family Housing A. Senior & Disabled Rehab Program 570.202 (b) 153,322 Program Delivery Sal / Benes (Application, specs, contracts,etc) B. Exterior Paint 123,500 Program Delivery Sal / Benes (Application, specs, contracts,etc) C. Lead -Based Paint Abatement 570.202 (f) Program Delivery Sal / Benes (Application, specs, contracts,etc) D. Professional Svcs: ie, property transfers, legal, etc 30,000 20,000 10,000 25,000 Program Delivery Sal / Benes (Document Prep, Recording, etc) 6,000 24,045 12,000 V. CDBG Interim Assistance 570.201 (f) (1) (ii) A. Neighborhood Cleanup Campaigns 250,545 Program Delivery Sal / Benes (Contract, auditing) 20,000 B. Street & Alley Cleanup (Dept of Corrections) 1,500 4,800 Program Delivery Sal / Benes (Contract, auditing) C. Graffiti Abatement 500 Program Delivery Sal / Benes 1/12/2004 mag Page 1 of 2 13,000 15,579 55,379