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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 Page 3 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.