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.
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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)
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• 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.
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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.
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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.
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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:
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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.
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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.
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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
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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.
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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.
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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
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CDBG Target
Area
Lakes / Reservoirs
® City Limits
Railroad Line
ESE Census Tracts
1 Oi Yqk4811:,.
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*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.
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3. Historic and Archaeological Preservation requirements as set forth in 24 CFR
Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial
Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and
RCW 43.51.750-.820 (Preservation of Historic Properties).
4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq.,
implementing regulations, and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution
Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental
Protection Agency regulations, 40 CFR Part 15.
6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC
Section 1701u) and 24 CFR Part 135 (Employment opportunities for project
area businesses and low income persons).
7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333,
(Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW
Chapter 3 —12 (Prevailing Wage Rates).
9. 24 CFR part 84, 85 and OMB Circular A-87, A-110, A-122, A-128, and A-133
as specified in 24 CFR § 570.502
10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended, and regulations contained in 24 CFR Parts 42 and §
570.
11. Title VI of the Civil Rights Act of 1964 (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
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data, information and assistance for the City's review and assessment
in determining whether the City must prepare an Environmental Impact
Statement.
B. SEPA
The Contractor retains responsibility for fulfilling the requirements of
the State Environmental Policy Act and regulations and ordinance
adopted thereunder.
C. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the Contractor
under this Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State Environmental
Policy Acts.
IX NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor agrees that it shall not discriminate against any employee or applicant
on the grounds of race, creed, color, religion, national origin, sex, marital status, age,
or the presence of any sensory, mental or physical handicap. Such action shall
include, but not be limited to: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and programs for training including apprenticeships.
The Contractor specifically agrees to abide by the Office of Federal Contract
Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24
CFR § 570.601.
X NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR § 92.352), and shall not, on the grounds of race, color, sex, religion,
national origin, creed, marital status, or age:
1. Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Contract;
2. Provide any service(s) or other benefits to a qualified individual which are
different, or are provided in a different manner, from those provided to others
under this Contract; separate treatment in any manner related to his receipt of
any service(s) or other benefits provided under this Contract;
3. Deny any qualified individual an opportunity to participate in any program
provided by this Contract through the provision of service(s) or otherwise, or
will afford him an opportunity to do so which is different from that afforded
others under this Contract.
B. The Contractor shall abide by all provisions of Section 504 of the HEW Rehabilitation
Act of 1973 prohibiting discrimination against handicapped individuals either through
purpose or intent.
C. If assignment and/or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in client
services binding upon each Contractor or Subcontractor. The Contractor shall take
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such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
XI LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable Federal, State, County and Municipal
standards for licensing, certification and operation of facilities and programs, and accreditation
and licensing of individuals, and any other standards or criteria as described in the Contract to
assure quality of services.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as to
ensure compliance by Contractor with this Contractor agreement, with the CDBG
Compliance Documents, and with all other laws, regulations, and ordinances related to
the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary for
its effective fulfillment of its monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the United
States, or any of their authorized representatives, and shall permit City, HUD, the
Comptroller General of the United States, or any of their authorized representatives to
audit, examine, and make excerpts and/or copies of same. Contractor records shall
include, but shall not be limited to, the following: payroll, personnel and employment
records; procurement bidding documents; contracts; sales closing statements; and
invoices.
C. The Contractor shall be required to make reasonable changes in the services as
completed or to be completed if said services fall below the standards and
specifications set forth in the Special Terms and Conditions, Project Description, or
Statement of Work.
XIII SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a recipient or
client for any purpose not directly connected with the City's or the Contractor's responsibilities
with respect to services provided under this Contract is prohibited except on written consent of
the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise
provided by law.
XIV 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.
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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.
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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
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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).
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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