HomeMy WebLinkAboutR-2005-142 Washington State Archaeology & Historic Preservation Grant AgreementRESOLUTION NO. R 2005-142
A RESOLUTION authorizing and directing the City Manager to execute a grant agreement
with the Washington State Department of Archaeology and Historic
Preservation for the receipt of state funds for a historical survey of
downtown Yakima and the Central Washington Fairgrounds; and authorizing
and directing the City Manager to execute a contract for professional
services to carry out the survey.
WHEREAS, the Washington State Department of Archaeology and Historic Preservation
("Department") has selected the City of Yakima's historical survey and inventory project for
receipt of state funds in the amount of $13,000.00; and
WHEREAS, the Department is willing to make such funds available in accordance with
terms and conditions substantially similar to the terms and conditions of the attached agreement,
including a match of City funds in the amount of at least $8,667.00; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of
the City of Yakima to enter into a contract with the Department for the receipt of said state funds
and proceed with the historical survey work, now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute a contract substantially
similar to the attached and incorporated "Grant Agreement Between Washington State
Department of Archaeology and Historic Preservation and City of Yakima" for the receipt of state
funds for a historical survey of downtown Yakima and the Central Washington Fairgrounds; and
the City Manager is hereby authorized and directed to execute a contract for professional services
to carry out the survey.
ADOPTED BY THE CITY COUNCIL this 20`h day of September, 2005.
Paul P. George, Mayor
ATTEST:
Ka A 44 -
City Clerk
STATE OF WASHINGTON
Department of Archaeology and Historic Preservation
1063 S. Capitol Way, Suite 106 • PO Box 48343 • Olympia, Washington 98504-8343
(360) 586-3065 • Fax Number (360) 586-3067 • www.dahp.wa.gov
2005-/32-
DAHP Contract # FY06-61016-010
Grant Agreement
Between
Washington State
Department of Archaeology and Historic Preservation
And
City of Yakima
Grant No.: FY06-61016-DRAFT
Contact Person:
Federal Grant No.:
CFDA No.:
Grant Title:
Effective Date:
Expiration Date:
Loren Doolittle (360) 586-3072
N/A
15-904
City of Yakima
October 1, 2005
September 30, 2007
Downtown Survey / Inventory — Central Washington Fairgrounds — Survey / Inventory.
This agreement is made between The Department of Archaeology and Historic
Preservation hereinafter referred to as the DEPARTMENT, and the City of Yakima,
hereinafter referred to as the GRANTEE.
Section 1. Responsibilities of the Grantee
A. The GRANTEE will perform or cause others to perform the work described in the
"Scope of Work" (Attachment 2). Additional special conditions or specifics about
the work required by this agreement, if any, are in attachments as enumerated and
described in Section 3. The GRANTEE agrees to perform the work in accordance
with any such special conditions or specifics.
B. The GRANTEE understands that the work called for under this agreement must
conform to federal administrative requirements as they relate to the
DEPARTMENT, and the GRANTEE agrees to comply with all such
DAHP Contract # FY06-61016-010
requirements. The following documents summarize some of these requirements
and are incorporated herein and made a part hereof as though set forth in full:
(1) The requirements of OMB Circular A-133 for States, Local Governments,
and Non-profit organizations.
(2) The "Secretary of Interior Standards and Guidelines for Archaeology and
Historic Preservation." All products under this contract must be in
compliance with the relevant Secretary's Standards and Guidelines e.g.
Preservation Planning, Identification, Evaluation, Registration, Historic
Research and Documentation, Architectural and Engineering
Documentation, Archeological Investigation, Historic Preservation
Projects, and Preservation Terminology.
(3)
The "Historic Preservation Fund Grants Manual." - Latest Revision,
February 2003.
(4) "Grants in Aid Manual." Department of Community Trade and Economic
Development, Office of Archaeology and Historic Preservation.
(5)
"Fiscal Year 2006 Historic Preservation Fund Annual Grant Application
and Budget Changes / Special Conditions."
(6) "43 CFR 17 Civil Rights, Subpart A, Implementing Title VI of the Civil
Rights Act of 1964; and Subpart B, Implementing Section 504 of the
Rehabilitation Act of 1973; and Subpart C, Implementing the Age
Discrimination Act of 1975; and subpart E, Enforcement of
Nondiscrimination on the Basis of Handicap in Programs or Activities
Conducted by the Department of the Interior."
(7)
"Americans with Disabilities Act of 1990," 42 U.S.C. 1201 et seg. (ADA)
provides comprehensive civil rights to individuals with disabilities in the
areas of employment, public accommodations, state and local government
services, and telecommunications.
c. The GRANTEE agrees to comply with the restrictions of 18 U.S.C. 1913
concerning lobbying with appropriated funds: "No part of the money appropriated
by any enactment of Congress shall, in the absence of express authorization by
Congress, be used directly or indirectly to pay for any personal service,
advertisement, telegram, telephone, letter, printed or written matter, or other
device, intended or designed to influence in any manner a Member of Congress, to
favor or oppose, by vote or otherwise, any legislation or appropriation by
Congress, whether before or after the introduction of any bill or resolution
DAHP Contract # FY06-61016-010
proposing such legislation or appropriation; but this shall not prevent officers or
employees of the United States or its departments or agencies from
communicating to Members of Congress at the request of any Member, or to
Congress through the proper official channels, requests for legislation or
appropriations which they deem necessary for the efficient conduct of the public
business."
D. The GRANTEE agrees to maintain records in a manner which will provide an
audit trail to all expenditures reported to the DEPARTMENT. The GRANTEE
agrees to keep these records for at least four years following the ending date of the
grant. In the event that an audit of the GRANTEE or of the DEPARTMENT
should take exception to any expenditures by the GRANTEE, the GRANTEE
agrees to refund to the DEPARTMENT on demand the amount determined by the
audit as due. In the event that the DEPARTMENT is required to institute legal
proceedings to enforce this repayment provision, the DEPARTMENT shall be
entitled to its costs thereof, including reasonable attorney's fees. When arranging
for an audit, the DEPARTMENT should contact:
Michael Morales at: (509) 575-3533
129 North 2nd Street
Yakima, WA 98901
E. The GRANTEE agrees to pay all the costs involved in carrying out the terms of
this agreement prior to seeking reimbursement as provided for in Section 2. a.
When seeking reimbursement, the GRANTEE will submit a completed
reimbursement form in writing to the DEPARTMENT and provide such
documents as an affidavit of publication for newspaper advertising soliciting bids,
contracts, photocopies of canceled checks and invoices, and other documents as
may be requested by the DEPARTMENT. The DEPARTMENT will provide the
GRANTEE with the reimbursement form and guidelines for financial reporting
procedures. The GRANTEE agrees to submit its request for reimbursement within
forty-five (45) days following completion of the work.
F. The GRANTEE agrees to provide the DEPARTMENT with a completion report
following a form provided by the DEPARTMENT. The GRANTEE will submit
this report on or before the end date. The GRANTEE agrees that the
DEPARTMENT shall have the right to withhold all or part of the payment
required in Section 2.a. pending receipt of this completion report.
G. The GRANTEE agrees that the "Budget" (Attachment 1) shall be a financial guide
for the work called for by this agreement. The GRANTEE may exceed the
budgeted amounts, but this shall in no way obligate the DEPARTMENT for a
DAHP Contract # FY06-61016-010
greater amount than that stipulated as DEPARTMENT share. In the event that the
GRANTEE should spend less than the budgeted amount on an object or element in
the budget, the DEPARTMENT may either reduce its obligation proportionately or
it may terminate this agreement. The GRANTEE agrees to maintain records which
will render an accurate accounting by the elements or objects in the budget. The
actual expenditures for the amounts reflected in the budget may vary by 15 percent
without requiring an amendment to this grant agreement.
H. The GRANTEE agrees that the DEPARTMENT shall have the right to terminate
this agreement if the GRANTEE shall fail to fulfill in a timely and proper manner
its obligations under this agreement or if the GRANTEE shall violate any of the
covenants, conditions, or stipulations of the agreement. In case of such
termination by the DEPARTMENT, the GRANTEE agrees to return to the
DEPARTMENT within thirty (30) days of the effective date of termination, any
payments made by the DEPARTMENT to the GRANTEE under the terms of this
agreement or any portion of such payments as may be directed by the
DEPARTMENT.
The GRANTEE agrees to submit the products identified in the Scope of Work on
or before the grant end date. GRANTEE acknowledges and understands that final
products which do not conform to the terms and conditions of this agreement or
which do not meet the applicable Secretary of the Interior's Standards will not be
reimbursed.
1. The GRANTEE agrees to submit a "Schedule for Project Completion"
(Attachment 6) before beginning work under this agreement. Said schedule form
shall list each element described in the "Scope of Work" and shall indicate the
approximate date when completion of each can be expected.
J. The GRANTEE will maintain regular contact with the DEPARTMENT regarding
the progress of the grant project. The GRANTEE agrees that the DEPARTMENT
shall have the right to monitor the work called for by this agreement.
K. The GRANTEE agrees to use competitive negotiation procedures (or small
purchase procedures for under $25,000) for procurement of professional services
and subcontracts. GRANTEE agrees to maintain records sufficient to detail the
significant history of a procurement and to forward evidence of competitive
procurement to the DEPARTMENT prior to reimbursement of funds under this
agreement. (See Section 3, Attachment 7.)
1. The GRANTEE agrees that it, its agents and employees, and any other person or
entity performing any work under this agreement, are independent contractors and
not employees of the State of Washington.
DAHP Contract # FY06-61016-010
Nr. Federal funds are the basis for this contract. The GRANTEE certifies that neither
it nor its principals are presently debarred, declared ineligible, or voluntarily
excluded from participation in transactions by any federal department or agency.
Should for any reason the Federal funds which are the basis for this agreement
become withdrawn, the agreement may be terminated without penalty to the
DEPARTMENT.
N. To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless State, agencies of State and all officials, agents and employees of
State, from and against all claims for injuries or death arising out of or resulting
from the performance of the Contract. Contractor's obligation to indemnify,
defend, and hold harmless includes any claim by Contractors' agents, employees,
representatives, or any subcontractor or its employees.
Contractor expressly agrees to indemnify, defend, and hold harmless the State for
any claim arising out of or incident to Contractor's or any subcontractor's
performance or failure to perform the Contract. Contractor's obligation to
indemnify, defend, and hold harmless the State shall not be eliminated or reduced
by any actual or alleged concurrent negligence of State or its agents, agencies,
employees and officials.
Consistent with RCW 43.17.320.340, the parties shall make every effort to
resolve disputes arising out of, or relating to, this contract through discussion and
negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this
contract, the parties shall select a dispute resolution team to resolve the dispute.
The team shall consist of a representative appointed by the director of each party
and a third party mutually agreed upon by the director of each party. The team
shall attempt, by majority vote, to resolve the dispute. If the dispute cannot be
resolved in this fashion, either party may request assistance from the Governor
pursuant to RCW 43.17.330.
o. The GRANTEE agrees to provide or purchase industrial insurance coverage, as
applicable, prior to performing work under this agreement. The DEPARTMENT
will not be responsible for payment of industrial insurance premiums or for any
other claim or benefit for this GRANTEE, or any sub -grantee or employee of the
GRANTEE, which might arise under the industrial insurance laws during
performance of duties and services under this agreement. If the Department of
Labor and Industries, upon audit, determines that industrial insurance payments
are due and owing as a result to work performed under this agreement, those
payments shall be made by the GRANTEE; the GRANTEE shall indemnify the
DEPARTMENT and guarantee payment of such amounts.
DAHP Contract # FY06-61016-010
P. The GRANTEE agrees to include written acknowledgment of National Park
Service, Department of Community Trade and Economic Development, and
Office of Archaeology and Historic Preservation support for all grant -related
publications and public information materials including audio-visual and
workshop materials. The GRANTEE further agrees that the written
acknowledgment shall comply with the form and content stipulated in the "Grants
in Aid Manual," Department of Community Trade and Economic Development,
Office of Archaeology and Historic Preservation.
Q. The GRANTEE agrees to any additional conditions identified in section 3 and
attached to this agreement.
R. There shall be no discrimination against any person employed by the GRANTEE
in connection with work covered by or related to this agreement, or against any
applicant for such employment, because of race, creed, color, sex, age, martial
status, national origin, or the presence of any sensory, mental, or physical
handicap in accordance with Chapter 49.60RCW. This provision shall include, but
not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or advertising; layoff or termination; rates of pay or other forms of
compensation and selection for training. The GRANTEE shall insert a similar
provision in all subcontracts for services covered by this agreement.
During the performance of this Contract, the Contractor shall comply with all
federal and state nondiscrimination laws, regulations and policies.
s. In accordance with legislative findings and policies set forth in Chapter 39.19
RCW the GRANTEE is encouraged in the participation and use of Minority and
Women's Business Enterprise firms certified by OMWB.
T. The GRANTEE agrees to a 60/40 match of funds. 60% being the full amount of
the let grant amount, 40% being the match amount by the GRANTEE. Further, the
GRANTEE agrees that their match is specifically identified to this grant
agreement only, and the GRANTEE will not claim match directly earmarked or
identified for this agreement as match for any other grant, agreement or contract.
The DEPARTMENT has first and exclusive claim to match provided by the
GRANTEE to this agreement as indirect eligible match to the National Park
Service, Historic Preservation Fund award to the DEPARTMENT.
DEPARTMENT: Grant Amount: $13,000.00 GRANTEE: Minimum Grant Match
Amount: $8,667.00.
DAHP Contract # FY06-61016-010
Section 2. Responsibilities of the DEPARTMENT
A. The DEPARTMENT agrees to reimburse the GRANTEE sixty (60) percent of its
actual authorized expenditures for the purpose of this agreement, provided:
(1) The total paid by the DEPARTMENT shall not exceed the amount
stipulated in the "Budget" (Attachment 1) as DEPARTMENT share.
(2) All expenditures were incurred between the beginning and ending dates of
the grant.
(3) No expenditures have been previously claimed in any other grant from any
agency of the state or federal government.
(4) The DEPARTMENT has authority to expend the funds required to meet
the obligations contained herein.
(5)
The GRANTEE has met all requirements contained in this agreement.
B. The DEPARTMENT agrees to consider requests from the GRANTEE for
progress payments if, in the DEPARTMENT'S judgment, the public interest will
be served by doing so and if such payments are administratively practical.
C. The DEPARTMENT may unilaterally terminate all or part of this contract, or may
reduce its scope of work and budget, if there is a reduction in funds by the source
of those funds, and if such funds are the basis for this contract.
The following attachments are hereby incorporated into and made a part of this agreement.
Attachment #1.
Attachment #2.
Attachment #3A,
Attachment #3B,
Attachment #3C.
Attachment #4.
Attachment #5
Attachment #6
"Budget," consisting of one page.
"Scope of Work," consisting of six pages.
"Civil Rights Assurance," consisting of one page.
"Statement of Understanding for Grant Management
Requirements", consisting of one page.
"Assurance of Compliance," consisting of one page.
"State Form A19-1 Invoice Voucher" to be used as basis for
billing, consisting of one page.
"Report of Services/ Labor Value Appraisal" form to be used by
GRANTEE to document labor costs, consisting of one page.
"Schedule for Project Completion" form, consisting of one page
DAHP Contract # FY06-61016-010
Attachment #7"Competitive Negotiation and Small Purchases Contracting
Documentation," consisting of one page, for a total of fourteen pages.
Section 4. Amendments
This grant agreement may only be amended if such amendment is in writing (with the
exception of the 15% variance for actual expenditures identified in Section 1.g), agreed to
and signed by all the parties, and attached hereto.
DEPARTMENT:
/V
Allyson Brooks, Director City of Yakima
GRANTEE:
Date
/'/
Date
Fed ID No.
DAHP Contract no. FY06-61016-010
Attachment #1
Budget
ELEMENT/OBJECT
Salaries
STATE Dollars
Hard Match
Soft Match
Total
Community/Econ Dev Dir $76.36 hr
$13,000
$1,500.00
$1,500.00
Staff Planner $32.60 hr
$13,000.00
$1,000.00
$500.00
$1,000.00
Volunteer Historian
$500.00
$500.00
Indirect
Total Element/Object:
$2,500.00
$500.00
$3,000.00
GOODS & SERVICES
Contract Services
STATE Dollars
Hard Match
Soft Match
Total
Historic Preservation Consultant
$13,000
$5,000.00
$18,000.00
Materials/Supplies/Equipment
Photocopies
$500.00
$500.00
Historic Photos/Maps
$200.00
$200.00
Travel
Total Goods & Services:
$13,000.00
$5,700.00
$18,700.00
Note: Minimum Non -Federal Share REQUIRED is $8,667.00. Non -Federal Share expenditures that are
presented and that are above the minimum are subject to the conditions of Section 1; T. of this contract.
(Specification, assignment, and claim of indirect match to Office of Archaeology and Historic
Preservation.)
1111111111
DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION
Protect the Past, Shape the Future
STATE Dollars
Hard Match
Soft Match
Total Project
Cost - 100%
Total Funding Request
$13,000.00
$8,200.00
$500.00
$21,700.00
Note: Minimum Non -Federal Share REQUIRED is $8,667.00. Non -Federal Share expenditures that are
presented and that are above the minimum are subject to the conditions of Section 1; T. of this contract.
(Specification, assignment, and claim of indirect match to Office of Archaeology and Historic
Preservation.)
1111111111
DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION
Protect the Past, Shape the Future
DAHP Contract no. FY06-61016-010
Attachment #2
Scope of Work
I. WORK TO BE ACCOMPLISHED: The GRANTEE shall conduct the following
activities:
A. CITY OF YAKIMA "DOWNTOWN" SURVEY AND INVENTORY PROJECT
& CITY OF YAKIMA "CENTRAL WASHINGTON FAIRGROUNDS"
SURVEY AND INVENTORY PROJECT: The GRANTEE shall create a historic
inventory, as follows:
1. SURVEY AREA AND CRITERIA: The GRANTEE shall create an
intensive level survey of:
a) AREA: Yakima's "Downtown"covering approximately 25-30 blocks
to be determined at the onset of the project and the "Central
Washington Fairgrounds".
b) CRITERIA: Historic buildings, structures, objects, and sites forty-five
years of age and older, approximately 100 downtown and 20
Fairgrounds inventory forms for a total submission of 120 forms.
c) DEFINITIONS: Reconnaissance surveys (also called windshield
surveys) are visual or predictive surveys that identify the general distribution,
location and nature of historic resources within a given area. A
reconnaissance survey of the built environment generally entails the field
identification of resources that appear to meet broad survey requirements.
Documentation at this level rarely exceeds property address, observational
information on architectural style and features, and photographic
information. However, it may be possible to discern if the property appears
to be a unique resource based on the observations of the overall survey area.
If so, this information should be recorded in the "Statement of Significance"
section of the database. Reconnaissance surveys are often conducted to
establish the boundaries for intensive surveys to follow.
Reconnaissance surveys literally consist of driving around a community and
noting the general distribution of buildings, structures, and neighborhoods
representing different architectural styles, periods and modes of construction.
Reconnaissance level survey forms must still be completed on the electronic
DAHP Historic Property Inventory Database. Because reconnaissance
surveys record only observable information, they may not provide sufficient
information with which to make determinations of eligibility beyond
architectural significance.
Page 1
A reconnaissance level survey should include the following:
- All of the location information including UTMs for each property
inventoried
- Surveyor and survey name, but not necessarily the owner information for
the property (current and historic)
- The "Resource Status" should at least include "survey/inventory", but if
the National, State or Local Register information is not known, that need
not be researched
- The current use of the building should be noted since it is observable
from the street, although historic use does not necessarily need to be
researched
- All observable architectural information should be completed within the
database
- The "Description of Physical Appearance" section on the Narrative must
be completed
- A concise "Statement of Significance" based on the knowledge of the
surveyor (usually related to the architecture of the building) must be
completed
- A Determination of Eligibility (based solely on the architectural qualities
of the structure)
- A best guess date of construction
- Digital image(s) of the resource
A reconnaissance level survey does not need to include the following:
- National, State or Local Register status
- Ownership information — either historic or current
- The historic use of the property
- The historic or common name of the property (unless its discernable
from the street)
- The Study Unit Theme
- The architect/engineer/builder
- An in-depth "Statement of Significance"
- A bibliography (unless sources were consulted by the surveyor)
Intensive level survey and evaluation combines a reconnaissance survey with
an evaluation by a trained professional. Intensive survey involves in-depth
archival research and field -work to record properties in the survey area. For
all types of intensive survey and evaluation projects, the objective is to gather
sufficient information to recommend proposed significance or non-
significance of the investigated properties and develop historic contexts in
terms of National Register of Historic Places listing. An intensive level
survey should include the completion of all of the fields on the database and
would consist of research on the property beyond what can be noted from the
street.
An intensive level survey should include all of the information required for a
reconnaissance level survey plus the following:
- An accurate date of construction based on research
- Historic images if found
- The name of the architect or builder
Page 2
- A bibliography
- A determination of National Register eligibility by a trained professional
- The historic use of the property
- Ownership information
- Historic or common name of the property
- The Study Unit Theme
- And a thorough, in-depth statement of significance section based on the
history of the resource, its context, integrity and eligibility for the
National Register of Historic Places
2. SURVEY PROJECT MANAGER: The GRANTEE shall ensure that the
personnel directing the survey activities meet the professional
qualifications in 36 CFR 61, Appendix A. The personnel must be
procured using a competitive process as outlined in the Historic
Preservation Fund Grants Manual, October 1997, see Attachment #7.
Before final selection, the GRANTEE shall afford the DEPARTMENT an
opportunity to review and approve candidates for the historic preservation
consultant conducting the survey project.
3. SURVEY STANDARDS: The GRANTEE shall conduct the survey
activity and produce complete inventory foams consistent with the
guidelines in "Historic Property Inventory Guide and Database User
Manual" and the "Washington State Standards for Cultural Resource
Reporting" published by the Department of Archaeology and Historic
Preservation and summarized as follows:
a) COMPLETED SURVEY:
(1) A COMPLETED SURVEY is understood to mean when
the GRANTEE has used the STATEWIDE HISTORIC
PROPERTY INVENTORY DATABASE to document all
required survey materials of the defined survey area and
has submitted to the DEPARTMENT exported files from
the project area and all pertinent digital images on CD
ROM. The inventory records must be determined
acceptable by the DEPARTMENT.
(2) The REQUIRED SURVEY MATERIALS are understood
to consist of a survey project report including a map of the
entire survey area with all sites marked and numbered and a
CD ROM including exported files from the project area and
all pertinent digital images submitted to the
DEPARTMENT.
b) A COMPLETED INVENTORY FORM is understood to mean a
completed record on the STATEWIDE HISTORIC PROPERTY
INVENTORY DATABASE, with each section filled out with the
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inventory information and a digital image of the inventoried
property.
c) A SURVEY PROJECT REPORT is understood to mean a report
which follows the guidelines for survey project reports provided by
the DEPARTMENT within the "Washington State Standards for
Cultural Resource Reporting" which includes the introduction,
survey methodology, historic context, analysis, recommendations,
a map of the entire survey area with all sites marked and
numbered, and appendices. The document shall include in their
entirety the following acknowledgement, disclaimer, and non-
discrimination statements:
This (insert type of publication) has been financed in part with Federal funds from the
National Park Service, Department of the Interior administered by the Department of
Archaeology and Historic Preservation (DAHP) and the (insert local government
credit) However, the contents and opinions do not necessarily reflect the views or
policies of the Department of the Interior, DAHP, (*) nor does the mention of trade
names or commercial products constitute endorsement or recommendation by the
Department of the Interior or DAHP [*If there are no commercial products, omit that
part of the statement.]
This program received Federal funds from the National Park Service. Regulations of the
U.S Department of Interior strictly prohibit unlawful discrimination in departmental
Federally Assisted Programs on the basis of race, color, national origin, age, or handicap.
Any person who believes he or she has been discriminated against in any program,
activity, or facility operated by a recipient of Federal assistance should write to Director,
Equal Opportunity Program, U.S Department of the Interior, National Park Service, 1849
C Street, NW, Washington, D C. 20240.
d) The GRANTEE shall submit to the DEPARTMENT draft copies
of a sample of the completed Historic Property Inventory Forms in
hard copy and the draft survey project report. First draft materials
shall be submitted to the DEPARTMENT no later than May 26,
2006. A second submittal of draft materials shall be submitted no
later than July 21, 2006. The DEPARTMENT shall respond to the
GRANTEE within thirty days of each draft submittal with
comments. If the DEPARTMENT has not responded within thirty
days, the GRANTEE shall assume that the DEPARTMENT has no
comment on the draft submittals.
4. INCOMPLETE OR INACCEPTABLE MATERIALS: Any required
survey materials submitted which are not considered acceptable or
complete—which do not meet the DEPARTMENT's cultural resource
survey editorial standards and/or do not contain the required level of
documentation—will be returned to the GRANTEE for completion within
the grant period. The inventory must be submitted as a CD on the
STATEWIDE HISTORIC PROPERTY INVENTORY DATABASE.
Page 4
5. REIMBURSEMENT: The GRANTEE will only be reimbursed for
preparing acceptable and complete required survey materials submitted
during the grant period.
6. DEPARTMENT RESPONSIBILIT I HS: The DEPARTMENT shall
provide the GRANTEE with the STATEWIDE HISTORIC PROPERTY
INVENTORY DATABASE and the database user manual if the
GRANTEE does not already possess the DATABASE.
B. PUBLIC EDUCATION ACTIVITIES
1. The GRANTEE shall research, design, and conduct at least one public
presentation during the grant period subject to the following conditions:
a) The purpose of the presentation(s) shall be to present findings of
the survey and inventory project and respond to any questions
raised by the public.
b) The GRANTEE shall notify the DEPARTMENT of the
presentation date and shall be afforded an opportunity to attend.
c) Summarize the public presentation(s) including but not limited to:
number of participants, comments, and notable conclusions arising
from the presentation. Include the summary in the completion
report.
C. REPORTING ACTIVITIH,S
1. GRANT ADMINISTRATION: The GRANTEE shall establish and
maintain contact with the DEPARTMENT throughout the grant period as
to the status of all grant activities by preparing and submitting the
following reports to the DEPARTMENT at the times indicated:
a) SUMMARY REPORTS: The GRANTEE shall prepare the
following reports which summarize specific activities in the Scope
of Work:
(1) COMPLETION REPORT: At the conclusion of the grant
activities, prepare a completion report detailing compliance
with each aspect of the Scope of Work, which includes the
survey project report, database documentation, and all
minimum products not already provided to the
DEPARTMENT. Submit to the DEPARTMENT on or
before the end of the grant period.
Page 5
b) DEPARTMENT RESPONSIBILITIES: The DEPARTMENT
shall provide the GRANTEE with all the necessary forms,
examples, or guidelines for preparing and submitting the reports.
II. PRODUCTS: The GRANTEE shall at a minimum submit the following products to the
DEPARTMENT:
A. SURVEY
A CD ROM containing the exported files of the City of Yakima's "Downtown"
and "Central Washington Fairgrounds" inventory sites from the CITY OF
YAKIMA'S STATEWIDE HISTORIC PROPERTY INVENTORY DATABASE
with at least one digital photograph for each site included on the CD ROM; and
two survey project reports which include a map(s) of the entire survey area with
each inventoried property marked with location and number.
B. PUBLIC EDUCATION:
One copy of printed materials produced in conjunction with the public
presentation and summary report.
C. REPORTS
1. A schedule for project completion (already submitted with grant
application).
2. A completion report.
Page 6
ATTACHMENT 3A
U. S. DEPARTMENT OF THE INTERIOR
CIVIL RIGHTS ASSURANCE
As the authorized representative of the applicant, I certify that the applicant agrees that, as a
condition to receiving any Federal financial assistance from the Department of the Interior, it will
comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited
to: (a) Title VI of Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the
basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination
Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of
age; and applicable regulatory requirements to the end that no person in the United States shall, on
the grounds of race, color, national origin, handicap or age, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or activity
conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately
take any measures necessary to effectuate this agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that
have not received or benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant,
or in the case of any transfer of such property, any transferee, for the period during which the real
property or structure is sued for a purpose for which the Federal financial assistance is extended or
for another purpose involving the provision of similar services or benefits. If any personal property
is so provided, this assurance shall obligate the Applicant for the period during which it retains
ownership or possession of the property. In all other cases, this assurance shall obligate the
Applicant for the period during which the Federal financial assistance is extended to it by the
Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal
grants, loans, contracts, property, discounts or other Federal financial assistance extended after the
date hereof to the Applicant by the Department, including installment payments after such date on
account of applicants for Federal financial assistance which were approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in
reliance on the representations and agreements made in this assurance, and that the United States
shall have the right to seek judicial enforcement of the assurance. This assurance is binding on the
Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature
appears below who is authorized to sign this assurance on behalf of the Applicant.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
"-2
TITLE
City Manager
APPLICANT/ORGANIZATION
City of Yakima
DATE SUBMITTED
3/23/2005
APPLICANT/ORGANIZATION MAILING ADDRESS
129 North 2"d Street
Yakima, WA 98901
BUREAU OR OFFICE EXTENDING ASSISTANCE
Previous Edition Usable
Authorized for Local Reproduction
DI -1350
(REV 6/91)
Standard Form 424D (Rev.7-97)
Prescribed by OMB Circular A-102
ATTACHMENT 3B
STATEMENT OF UNDERSTANDING FOR GRANT MANAGEMENT REQUIREMENTS
• CLGs receiving HPF grant assistance must fulfill the terms of their grant agreement
with the state and adhere to all requirements of the National Register Programs
Manual. This requirement includes compliance with Title VI of the Civil Rights Act of
1964, 78 Stat. 241, as amended, which provides that no person on the grounds of
age, race, color, or national origin shall be excluded from participation in, be denied
the benefits of, or be subject to discrimination under any activity receiving Federal
financial assistance.
• Local financial management systems shall be in accordance with the standards
specified in OMB Circular A-128, "Standards for Grantee Financial Management
Systems."
• Indirect costs may be charged as part of the CLG grant only if the CLG subgrantee
meets the requirements of the manual. Unless the CLG has a current indirect cost
rate approved by the cognizant federal agency, only direct costs may be charged.
• Grant recipients must maintain auditable financial records in accordance with the
General Accounting Office's Standards for Audit of Governmental Organizations,
Programs, Activities, and Functions.
• The CLG subgrantee will provide, with request for reimbursement, documentation to
support billings (time sheets, front and back canceled checks, etc.) for federal and
non-federal share claimed.
• Repayment will be made to the SHPO organization if terms and conditions of the
subgrant agreement are not followed or costs claimed are disallowed following audit.
City of Yakima
CLG
SIGNATURE OF APPLICANT
City Manager
TITLE
3/23/2005
DATE
A-1
ATTACHMENT 3C
U.S. Department of the Interior
Certification Regarding
Debarment, Suspension, Ineligibility and
Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order
12549, Debarment and Suspension, 43 CFR Part 12, Section 12.510,
Participants' responsibilities. The regulations were published as Part VII of the
May 26, 1988 Federal Register (pages 19160-19211). Copies of the
regulations are included in the proposal package. For further assistance in
obtaining a copy of the regulations, contact the U.S. Department of the
Interior, Acquisition and Assistance Division, Office of Acquisition and Property
Management, 18th and C Streets, N.W., Washington, D.C. 20240.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this
proposal that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department
or agency.
(2) Where the prospective lower tier participant is unable to certify to any of
the statements in this certification, such prospective participant shall
attach an explanation to this proposal.
Richard A. Zais, Jr., City Manager
Name and Title of Authorized Representative
3/23/2005
Signature Date
FORM
A19 -1A
STATE OF WASHINGTON
INVOICE VOUCHER
AGENCY NAME
Department of Archaeology and Historic Preservation
PO Box 48343
1063 South Capital Way Suite
Olympia, Wa 98504-8343
ATTN:
VENDOR OR CLAIMANT (warrant is to be payable to)
City of Yakima
129 NOrth 2nd Street
Yakima, WA 98901
AGENCY USE ONLY
AGENCY NO.
CONTRACT NO. OR GA AUTH. NO
103
INSTRUCTIONS TO VENDOR OR CLAIMANT:
In the absence of a detailed invoice, submit this form to claim payment for
materials, merchandise or services. Show complete detail for each item.
Vendor's Certificate:
I hereby certify under penalty of perjury that the items and totals listed herein
are proper charges for materials, merchandise or services furnished to the
State of Washington, and that all goods furnished and/or services rendered have
been provided without discrimination because of age, sex, marital status, race,
creed, color, national origin, handicap, religion, or Vietnam era or disabled
veteran status.
By:
(Sign in ink)
(Title)
(Date)
FEDERAL I.D. NO OR SOCIAL SECURITY NO.
91 -
RECEIVED BY
DATE RECEIVED
DATE
DESCRIPTION
QUANTITY
UNIT PRICE
AMOUNT
PREPARED BY (Fiscal)
DATE
DIVISION APPROVAL
DATE
DOC DATE
CURRENT DOC NO
REF DOC NO
VENDOR NUMBER
VENDOR MESSAGE
SUF
TRANS
CODE
M
0
D
FUND
APPN
INDEX
PROGRAM
INDEX
SUB
OBJ
SUB
SUB
OBJ
CNTY
CITY
PROJECT
AMOUNT
INVOICE
NUMBER
GENERAL
LEDGER
APPROVED FOR PAYMENT BY FISCAL
DATE
WARRANT TOTAL
Approved CTED Form A19 -1A (10/15/95)
Name of Project:
Name of Person Performing Services.
Address.
Telephone:
Did you receive any compensation for the time you
devoted to this project?
Yes ❑ No ❑
If yes, who paid you?
How much were you paid?
Attachment 5
REPORT OF SERVICES
Month:
Year.
Sunday
Monday
Describe the services you performed. (If you supervised others, include their names
and positions.)
Wednesday
How was the hourly rate shown below determined?
❑ Labor value appraisal on reverse side
of this form.
• Other, explain.
Total number of hours worked each day during this month:
Beginning
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Totals
I hereby swear that I devoted the time reported above, performing the
work described on the project named. This time has not been reported
for any other Federal or State project.
Date
I supervised or coordinated this person's work and verify that it was
performed as indicated above.
Date
Washington State Office of Archaeology and Historic Preservation
1063 S Capitol Way, Suite 106
PO Box 48343
Olympia, WA 98504-8343
2003 Reprint
Total hours this
month:
# of hours
Hourly rate:
$
Per hour
Amount charged to
project:
$
INSTRUCTIONS:
Use this form to document all labor, whether paid or
voluntary, which is claimed against a grant or used
for the matching share of a grant. Complete it on a
timely basis, i.e., fill it out immediately after the
service is provided.
V. SCHEDULE FOR PROJECT COMPLETION
List each proposed grant activity separately estimating the start and
completion dates. This should be a complete listing of all potential activities
associated with the grant including the two draft submittal dates of May 26,
2006 and July 21, 2006. A start date and completion date are not sufficient
for the Schedule of Project Completion.
WORK TO BE ACCOMPLISHED
Estimated
Starting Date
Estimated
Completion Date
Review prior data, surveys and literature
October 2005
October 2005
Determine survey boundaries and criteria
October 2005
October 2005
Conduct research for historic context
statement
October 2005
November 2005
Prepare draft historic context statement
November
2005
December 2005
Conduct field survey (including
photography)
October 2005
January 2006
Conduct historic and property research
November
2005
January 2006
Prepare draft inventory forms
February 2006
May 2006
Prepare survey maps
March 2006
April 2006
Prepare draft survey report
April 2006
May 2006
Submit first draft of survey report to OAHP
May 26, 2005
City and Commission review of report
May 2006
June 2006
Commission meeting
July 2006
Submit second draft of survey report to
OAHP
July 21, 2006
Prepare final survey report
Late July 2006
Late August 2006
Submit final survey report and electronic
data and images to OAHP
September 2006
14
ATTACHMENT 7
COMPETITIVE NEGOTIATION AND SMALL
PURCHASES CONTRACTING DOCUMENTATION
THIS FORMAT SHOULD BE USED FOR CONTRACTS FOR PROFESSIONAL
SERVICES AND OTHER PROCUREMENT TO DOCUMENT COMPLIANCE
WITH FEDERAL PROCUREMENT STANDARDS.
1. Grant Number:
2. Type of Contract: Professional Services
Printing
Equipment/Supplies
Other
3. Addresses of Contractors Contacted:
Name of Person/Business:
Street or PO Box:
City/State/Zip Code:
Work Telephone Number:
Quote/Bid given:
Name of Person/Business:
Street or PO Box:
City/State/Zip Code:
Work Telephone Number:
Quote/Bid given:
Name of Person/Business:
Street or PO Box:
City/State/Zip Code:
Work Telephone Number:
Quote/Bid given:
Contractor Selected:
Basis for Selection:
Lowest Price Other
If the basis for selection was not the lowest price, explain the basis used:
Signature of Grantee Official Date
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4- c43
For Meeting Of: September 20, 2005
Consideration of a resolution authorizing the City Manager to execute an
agreement with Washington State Department of Community, Trade and
Economic Development (CTED) for implementation of a $13,050.00 grant
to implement the city's historic preservation Certified Local Government
program.
ook, Director of Community and Economic Development
CONTACT: Bill Cook, 575-6113
SUMMARY EXPLANATION:
CTED has awarded a $13,050 grant to the city for implementation of its historic preservation
Certified Local Government strategy. As a requirement of the grant, the City has pledged
$8,200 of local match in the form of City staff salaries and other contracted preservation
activities and expenses.
The City of Yakima's newly adopted Historic Preservation Ordinance states that one of the
Historic Preservation Commission's responsibilities is to conduct and maintain a comprehensive
inventory of historic resources within the boundaries of the city of Yakima. This is a priority issue
as we begin to build the Historic Preservation Program.
The proposed project is an intensive level architectural survey covering approximately 25-30
blocks containing approximately 100 resources in downtown and approximately 20 resources on
the fairgrounds. The activities to be conducted represent the standard methods used to conduct
such a survey. Because the Historic Preservation Program is new, a survey and inventory of
Yakima's historic resources will be done in phases by beginning in the downtown and the
fairgrounds and then working our way to the neighborhoods adjacent to downtown. In the future,
other neighborhoods that are farther away from the city core and have a concentration of
potentially historic resources may be the subject of separate neighborhood surveys that are not
part of this project.
CONTINUED ON NEXT PAGE
Resolution _X Ordinance Contract _ Other: Application for designation
Funding Source: Washington CTED & Fund 124 — Community Development
Approval for Submittal:
Cit vkl.anag
STAFF RECOMMENDATION:
BOARD RECOMMENDATION:
COUNCIL ACTION:
Staff recommends approval of the resolution.
Resolution adopted. RESOLUTION NO. R-2005-142
1
Activities to be conducted include: 1) determine boundaries of survey area, 2) establish criteria
for survey, 3) review prior data, surveys and literature, 4) prepare historic context statement to
guide the survey, 5) conduct field survey including photography, 6) data analysis, 7)
development of inventory, 8) historic and property research, 9) prepare inventory forms, 10)
prepare survey maps, and 11) prepare survey report.
The work products that will be submitted to OAHP include: 1) The Downtown and area wide
Yakima Historic Resources Survey and Inventory Report, and 2) electronic data and
photographs for importing into the OAHP Statewide Inventory Database.
Work on the project will begin in October 2005, and is scheduled for completion in September
2006.
2
STATE OF WASHINGTON
OFFICE OF COMMUNITY DEVELOPMENT
Office of Archaeology and Historic Preservation
1063 S. Capitol Way, Suite 106 - Olympia, Washington 98501
(Mailing Address) 360)PO Box 586-3065 48343Fax Number! 98504-8343
(360) 586-3067
May 17, 2005
Bili Cook, Director
Department of Community and Economic Development
129 North 2nd Street
Yakima, WA 98901
Dear Bill,
As you know, each year the Office of Archaeology
ad allocation directly toHistoric Preservation sCe tified
pleased
to grant 10% of our annual Historic Preservation Fu
Local Governments. We have just completed are e at tolinfoamaneview you thatcthe City of
ess for the
grant applications received for FY 2006 andhappy
Yakima was fully funded the $9500 requested
the
t DoOffire of Arawn haeologyuaad
s
Survey and Inventory projects, plus an additional $3550
Historic Preservation felt was needed to get h he best amount already possible P dutedcby the CityYakima.t for This
additional award does not increase the ma
Since Yakima is not yet a Certified LocalGovernment,
ovrIrt date of Octoberg1,n2005on
Yakima completing the certification p bY the grant start
We will develop a Scope of Work for your approval at we Iwillthe
h ve a signedacoa tract with you
then move on
to the contracting process. It is my p
well before the October 1St grant start epg expenses asrof October 1.
October 1,
2005 to September 30, 2006. You may begin accumulati
If you have any questions, don't hesitate to call me at 360-586-3074 or if I'm not
available, contact Loren Doolittle, Grants Administrator, at 360-586-3072.
Congratulations on your award! I look forward to working with you on this exciting
project.
Sincerely,
,e4)wtirl�
Megan Duvall
Certified Local Government Coordinator
CONSULTANT AGREEMENT
THIS CONSULTANT AGREEMENT (hereinafter "Agreement") is made and entered into by
and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"),
and Artifacts Consulting, Inc., a Washington corporation (hereinafter "Consultant").
WHEREAS, on September 20, 2005, the Yakima City Council passed resolution R-2005-
142, authorizing and directing the City Manager to execute a grant agreement with the
Washington State Department of Archaeology and Historic Preservation for the receipt of
state funds for a historic preservation activities, and to enter into a professional services
agreement to implement the grant.
WHEREAS, the City desires additional consulting services to assist with this grant; and
WHEREAS, the Consultant is willing to provide these services in accordance with the terms
and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
set forth herein, it is agreed by and between the City and Consultant as follows:
1. Scope of Services. The Consultant shall provide the following services to the City:
a. Conduct an intensive level architectural survey covering approximately 25-30
blocks containing approximately 100 resources in downtown and
approximately 20 resources on the fairgrounds.
b. Continue the survey to the neighborhoods adjacent to downtown.
c. Review prior data, surveys and literature,
d. Prepare historic context statement to guide the survey.
e. Conduct field survey including photography.
f. Data analysis
g. Development of inventory
h. Historic and property research
Prepare inventory forms
j. Prepare survey maps
k. Prepare survey report.
Submit to Washington State Office of Archaeology and Historic Preservation
(OAHP) the following reports: 1) The Downtown Yakima Historic Resources
Survey and Inventory Report, 2) Central Washington Fairgrounds Survey and
Inventory Report, and 3) electronic data and photographs for importing into
the OAHP Statewide Inventory Database.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate at midnight of December 31, 2006, unless terminated sooner by either party in
accordance with Section 18. The Consultant shall proceed in a timely and diligent manner to
provide all services required hereunder.
1
3. Consideration. The City shall pay the Consultant for services rendered hereunder at the
rate of One Hundred Dollars ($100.00) per hour. The total compensation paid to Consultant for
all services provided under this Agreement shall not exceed Thirteen Thousand and Fifty Dollars
($13,050.00). The Consultant shall submit monthly invoices to the City. Upon receipt of said
monthly invoice, the City shall make payment to the Consultant within thirty (30) calendar days;
provided, however, that all payments are expressly conditioned upon Consultant's providing
services that are satisfactory to the City. The Consultant shall maintain adequate files and
records to substantiate all amounts itemized on the monthly invoices. In the event that either
party exercises its right to terminate this Agreement in accordance with Section 18, the
Consultant shall be compensated in accordance with the above terms for all satisfactory
services provided to the City up to the effective termination date of the Agreement.
4. Title to Property Supplied and Works. All finished or unfinished documents and material
prepared by the Consultant pursuant to this Agreement shall, at the option of the City, be the
property of the City and shall be forwarded to the City upon its request.
No material produced in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The City shall have unrestricted authority to publish,
disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials
prepared under this Agreement.
5. Status of Consultant . The Consultant and the City understand and expressly agree that
the Consultant is an independent contractor in the performance of each and every part of this
Agreement. No officer, employee, volunteer, and/or agent of Consultant shall act on behalf of
or represent him or herself as an agent or representative of the City. Consultant, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing
the services required under this Agreement. The Consultant expressly represents, warrants and
agrees that its status as an independent contractor in the performance of the work and services
required under this Agreement is consistent with and meets the six -part independent contractor
test set forth in RCW 51.08.195. Consultant and its officers, employees, volunteers, agents
and/or subcontractors shall make no claim of City employment nor shall claim against the City
any related employment benefits, social security, and/or retirement benefits. Nothing
contained herein shall be interpreted as creating a relationship of servant, employee,
partnership or agency between Consultant and the City.
6. Inspection and Audit. Consultant shall maintain books, accounts, records, documents
and other evidence pertaining to the costs and expenses allowable and consideration paid
under this Agreement in accordance with generally accepted accounting practices. All such
books of account and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and/or of the Washington State Auditor at all
reasonable times, and Consultant shall afford the proper facilities for such inspection and audit.
Such books of account and records may be copied by representatives of the City and/or of the
Washington State Auditor where necessary to conduct or document an audit. Consultant shall
preserve and make available all such books of account and records for a period of three (3)
years after final payment under this Agreement.
2
7. Taxes and Assessments. Consultant shall be solely responsible for compensating its
employees, agents, and/or subcontractors and for paying all related taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from income which
may be required by law or assessed against either party as a result of this Agreement. In the
event the City is assessed a tax or assessment as a result of this Agreement, Consultant shall
pay the same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, Consultant
shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed,
marital status, political affiliation, or the presence of any sensory, mental or physical handicap.
This provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training, and the provision of services under this Agreement.
9. The Americans with Disabilities Act. Consultant shall comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and
Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services, and telecommunications.
10. Compliance with Law. Consultant agrees to perform those services under and pursuant
to this Agreement in full compliance with any and all applicable laws, rules, and regulations
adopted or promulgated by any governmental agency or regulatory body, whether federal, state,
local, or otherwise.
11. No Conflict of Interest. Consultant covenants that neither it nor its employees have any
interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of this Agreement. Consultant further covenants
that it will not hire anyone or any entity having such a conflict of interest during the performance
of this Agreement.
12. No Insurance. It is understood the City does not maintain liability insurance for
Consultant and its officers, directors, employees and agents.
13. Indemnification.
a. Consultant agrees to hold harmless, indemnify, and defend the City, its elected
officials, officers, employees, and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which
result from or arise out of the negligence of Consultant, its officers, agents, employees or
subcontractors in connection with or incidental to the performance or non-performance of this
Agreement.
3
b. In the event that both Consultant and the City are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees).
c. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of Consultant's immunity under Washington's Industrial Insurance Act, RCW Title 51, as
respects the other party only, and only to the extent necessary to provide the indemnified party
with a full and complete indemnity of claims made by the Consultant's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
e. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
14. General Liability Insurance. On or before the date this Agreement is fully executed by
the parties, the Consultant shall provide the City with a certificate of insurance as proof of
general liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00)
per occurrence/aggregate 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 policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this
Agreement. 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 reduce in
limits the insurance without first giving the City thirty (30) calendar days' prior written notice.
The insurance shall be with an insurance company rated A -VII or higher in Best's Guide and
admitted in the State of Washington.
15. Delegation of Professional Services. The services provided for herein shall be
performed by Consultant, and no person other than regular associates or employees of
Consultant shall be engaged upon such work or services except upon written approval of the
City.
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by Consultant to any other person or entity without
the prior written consent of the City. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of
Consultant stated herein.
17. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party
to insist upon strict performance of any agreement, covenant or condition of this Agreement, or
to exercise any right herein given in any one or more instances, shall not be construed as a
waiver or relinquishment of any such agreement, covenant, condition or right.
4
18. Termination. Either party may terminate this Agreement at any time, with or without
cause, by providing the other party with written notice of termination fifteen (15) calendar days
prior to the termination date.
19. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and enforced as
if the Agreement did not contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed inoperative and
null and void insofar as it may conflict and shall be deemed modified to conform to such
statutory provision.
c. Should the City determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer exists, the City
may, in its sole discretion, terminate this Agreement.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY:
Bill Cook, Director
Dept. of Community & Economic Development
City Hall
129 North Second Street
Yakima, WA 98901
TO CONSULTANT: Michael Sean Sullivan
Artifacts Consulting, Inc.
201 North Yakima Avenue
Tacoma, WA 98402
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
21. Third Parties. The City and the Consultant are the only parties to this Agreement and
are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to
give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or
otherwise, to third persons.
22. Binding Effect. The provisions, covenants, and conditions in this Agreement apply to
bind the parties, their legal heirs, representatives, successors, and assigns.
5
23. Remedies Cumulative. Rights under this Agreement are cumulative; the failure to
exercise on any occasion any right shall not operate to forfeit such right on another occasion.
The use of one remedy shall not be taken to exclude or waive the right to use another.
24. Drafting of Agreement. Both the City and the Consultant have participated in the
drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of
law that ambiguities within a contract shall be construed against the drafter of a contract shall
have no application to any legal proceeding, arbitration and/or action in which this Agreement
and its terms and conditions are being interpreted and/or enforced.
25. Integration and Supersession. This Agreement sets forth all of the terms, conditions,
and agreements of the parties relative to the subject matter hereof and supersedes any and all
such former agreements, which are hereby declared terminated and of no further force and
effect upon the execution and delivery hereof. There are no terms, conditions, or agreements
with respect thereto except as herein provided, and no amendment or modification of this
Agreement shall be effective unless reduced to writing and executed by the parties.
26. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
27. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
28. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by having their authorized
representatives affix their signatures below.
CITY OF YAKIMA
By: ����s
R. A. Zais, Jr., City Manager
Date: I
ATTEST:
K-6--4-e-k-A4-0, EA
City Clerk
City Contract No. 0V05--//
-//'/
City Resolution No. /
ARTIFACTS C
By:
NSU ING, INC.
Michael Sean Sullivan, Principal
Date: `. (0 .0(0
fs
3' 9b
6
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing
the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered and erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or
debarment.
3. the prospective lower tier participant shall provide immediate written notice to the person
to which this proposal is submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person ""primary covered transaction," "
principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines
the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Tel.#)
8. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business. dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.