HomeMy WebLinkAboutR-2006-103 State of Washington Employment Security Department Grant Agreement for AmeriCorps ProjectRESOLUTION NO. R-2006-103
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Grant
Agreement Between the City of Yakima and the State of Washington
Employment Security Department for a team -based AmeriCorps Project.
WHEREAS, the City desires to strengthen and sustain the local community by fostering
the ethic of good citizenship through volunteer service opportunities and civic involvement; and
through private non-profit partnerships and local government organizations; and
WHEREAS, the City desires to create vibrant caring neighborhoods by increasing
valuable results -oriented community service programs including supervised after school
recreational activities/programs for youth at risk; and
WHEREAS, the City does not have the staffing levels or specialized expertise necessary
to provide such activities/programs; and
WHEREAS, through a coordinated effort among private non-profit organizations and
units of local government to address unmet community needs, the City has been awarded a
grant from the Washington State Service Corps, administered by Washington State
Employment Security Department, to implement an AmeriCorps program, to provide
supervised after school recreational activities/programs for youth at risk; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
execute a Grant Agreement Between the City of Yakima and the State of Washington
Employment Security Department for a Team -Based AmeriCorps Project in accordance with
the terms and conditions of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated Grant Agreement Between the City of Yakima and the State of Washington
Employment Security Department for a Team -Based AmeriCorps Project to provide supervised
after school recreational activities/programs for youth at risk.
ADOPTED BY THE CT1"Y COUNCIL this 27th day of June 2006.
ATTEST: David Edler, Mayor
City Clerk
ESD Grant No. 07 -001 -SG 6
AmeriCorps CFDA No. 94.006
Master Index No. 45301515
Grant Amount $70,578
GRANT AGREEMENT BETWEEN
STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
AND
Yakima Parks and Recreation
This Grant Agreement is made and entered into by and between the Washington State
Employment Security Department hereinafter called "ESD", located at 605 Woodland
Square Loop SE, Lacey, WA., 98503, mailing address of, P.O. Box 9046, Olympia, WA.,
98507-9046 and Yakima Parks and Recreation hereinafter called the "Grantee", at 2301
Fruitvale Blvd, Yakima, WA 98902.
The Grantee staff member responsible for management of this Grant Agreement is:
Name: Karin Benson / Denise Nichols
Title: Supervisor / Director
Telephone Number: 509-575-6020
FAX Number: 509-575-6238
E-mail Address: Kbenson@ci.yakima.wa.us / Dnichols@ci.yakima.wa.us
The ESD Program Manager responsible for the management of this Grant Agreement is:
Name: Terri Barbee
Title: Deputy Director
Telephone Number: 360-438-4145
FAX Number: 360-438-3113
E-mail Address: tbarbee@esd.wa.gov
It is the purpose of this. Grant Agreement to operate a team -based national service
program in partnership with the Washington Service Corps, a member of the AmeriCorps
National Service Network.
In consideration of the terms and conditions contained herein, or attached and incorporated
and made a part hereof, the parties mutually agree as follows:
STATEMENT OF WORK
The Grantee shall furnish the necessary personnel and services and otherwise do all things
necessary for or incidental to the performance of the work set forth in the Performance
Measures as described in the evaluation plan to be submitted by the Grantee by September
1, 2006 and approved by ESD.
TERMS AND CONDITIONS
All rights and obligations of the parties to this Grant Agreement shall be subject to and
governed by the Terms and Conditions contained in the text of this Grant Agreement
ESD Grant No. 07-001-1,G &
AmeriCorps CFDA No. 94.006
Master Index No. 45301515
Grant Amount $70,578
instrument and the General Terms and Conditions attached hereto as Exhibit "B" and
incorporated herein.
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of perfoimance of this Grant Agreement shall
commence on August 1, 2006 or date of Execution , which ever is later and be completed on
August 31, 2007 unless terminated sooner as provided herein.
REPORTING
The Grantee shall provide ESD with reports, including but not limited to status report(s) on
Grantee activity on a quarterly basis or as requested by the Corporation for National and
Community Service and/or the Washington Commission for National and Community
Service, as well as timely submission of reports including documenting member attendance
and hours of service.
PAYMENT SCHEDULE
The parties have agreed that the total compensation including expenses payable to the
Grantee, for satisfactorily accomplishing the work set forth in the Grantee's Performance
Measures, will not exceed $70,578. Compensation for services shall be in accordance with
the budget, Exhibit "E", which is attached hereto and incorporated herein.
The Grantee will be reimbursed for subsistence lodging and point to point mileage at rates
not to exceed those shown in the current State travel reimbursement rates, Exhibit F.
Reimbursement by ESD for other travel expenses such as parking, taxis etc. will be in
accordance with applicable receipts and justifications submitted to ESD. All travel expenses
and original receipts are to be included in the invoices submitted by the Grantee to ESD.
BILLING PROCEDURE
The Grantee shall submit invoices at least quarterly for services performed under this Grant
Agreement on an Invoice Voucher (Form A-19). Invoices shall include such information as
is necessary for ESD to determine the exact nature of all expenditures, identify all personnel
for whom compensation is sought, and goods or services provided to and received by ESD.
ESD must receive all invoices no later than September 14, 2007. Failure by the Grantee to
submit the bill by the date specified above may result in non-payment. ESD shall pay the
Grantee for completed and approved work within thirty (30) days of receipt of invoice.
ESD Grant No. 07 -001 -SG G
AmeriCorps CFDA No. 94.006
Master Index No. 45301515
Grant Amount $70,578
Each invoice will clearly indicate that it is "FOR SERVICES RENDERED IN
PERFORMANCE UNDER ESD GRANT AGREEMENT NUMBER 07-001- 'The
original invoice voucher shall be submitted to:
Employment Security Department
Attention: Washington Service Corps
P 0 Box 9046
Olympia, Washington 98507-9046
Payment for work performed shall be made in accordance with instructions set forth in
Exhibit "A", WSC Special Conditions. Satisfactory progress towards accomplishment of
program objectives as demonstrated in reports and monitoring must be made or payment
may be delayed or denied.
GRANT AGREEMENT MANAGEMENT
ESD's Program Manager, or his/her successor, shall provide the Grantee the assistance and
guidance necessary for the performance of this Grant Agreement. ESD's Program Manager
shall be responsible for the review and acceptance of the Grantee's performance,
deliverables, invoices and expenses, and accepting any reports from the Grantee.
ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein,
the inconsistency shall be resolved by giving precedence in the following order:
1) Applicable Federal and State Statutes and Regulations (which may include OMB
Circular 133 and Public Law 104-156 (1996 amendments to the single Audit Act);
2) Those Terms and Conditions as contained in this basic Grant Agreement instrument
(Exhibit A)
3) AmeriCorps Provisions, see web address:
http://www.americorps.org/for organizations/tta/index.asp and incorporated herein;
3) The General Terms and Conditions attached hereto as Exhibit B and incorporated
herein;
4) The Grantee's Performance Measures when completed and accepted by ESD is
incorporated herein; and
5) Any other provisions of this Grant Agreement whether incorporated by reference or
otherwise.
USE AND DISCLOSURE OF INFORMATION
The Grantee shall use any private and confidential information provided under this Grant
Agreement solely for the purpose for which the information was disclosed. The Grantee
shall not misuse any private and confidential information under this Grant Agreement. The
Grantee shall not disclose any private and confidential information unless the disclosure is
authorized by law. The misuse or unauthorized release of private and confidential
ESD Grant No. 07 -001 -SS G
AmeriCorps CFDA No. 94.006
Master Index No. 45301515
Grant Amount $70,578
information shall subject Grantee, its employees or agents to a civil penalty of Five
Thousand dollars ($5,000) and other applicable sanctions under state and federal law.
ALL WRITINGS CONTAINED HEREIN
This Grant Agreement sets forth in full the entire agreement of the parties in relation to the
subject matter hereof. Any other agreement, representation, or understandings, verbal or
otherwise, relating to the professionalservices of the Grantee or otherwise dealing in any
manner with the subject matter of this Grant Agreement is hereby deemed to be null and
void and of no force and effect whatsoever.
IN WITNESS WHEREOF, the parties have executed this Grant Agreement.
Yakima Parks and Recreation
State Of Washington
Employment Security Department
By: By: t P 4tm l�r.\h+
Title: C, ht M,2tnyz- Title: Idtelaity Assistant Commissioner, E&T
Sigma:1./\. Zais, Tr
Date:
4130/61,
Washington State UBI Number:
397-019-232
Federal Employer ID Number:
91-6001293
Signature:
Date: 7 "t I
Attachments:
Exhibit "A" WSC Special Conditions
Exhibit "B" ESD General Terms and Conditions
Exhibit "C" Lobying Certification
Exhibit "D" Debarment and Suspension Certification
Exhibit "E" Budget and Narrative
Exhibit "F" Travel Reimbursement
Zoo6
-54
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RES W(itION NO.....:12..."7-7.1141)1411.1;12.13-
Exhibit "A"
Washington Service Corps
Special Conditions
Program Year 2006-2007
A. Cash Match Payment Information: The conditions of this contract require the sponsor
agency to contribute $2,500 per full-time national service member awarded to the sponsor
agency. Full payment of this amount is due by December 29, 2006 Checks for cash match
must be payable to the Employment Security Department and sent to the following address:
Employment Security Department
Washington Service Corps
P.O. Box 9046
Olympia, Washington 98507-9046
Match will be refunded by April 15, 2007, for slots that were never filled or for members that
terminated within 30 days of their start date. It is not necessary to request a refund. A
refund will be sent to you if applicable.
B. Submittal of Invoices: The expenditure of federal funds requires a corresponding
expenditure of in-kind for the invoice period, in a ratio reflective of the approved budget for
your project. The request for reimbursement and the in-kind match invoice are submitted
together, on at least a quarterly basis. A Request for Reimbursement will not be approved
for payment in the absence of a corresponding In-kind Match Invoice.
I. Request for Reimbursement: A Request for Reimbursement has three
elements:
• State of Washington A-19 Invoice Voucher;
• WSC "Back-up for Billing" expense report, reflecting total budget and
summarizing expenditures to date and expenditures for the current period and;
• The source accounting report generated from the subcontractors accounting
system, documenting expenditures for the current period.
II. In-kind Match Invoices are submitted on a WSC "In -Kind Match Report"
reflecting total match budget and summarizing match contributions to date and
match contributions for the current period. A "Receipt Voucher In-kind
Contribution" form documenting contributions for the current period should be
attached. (see WSC Policy #7, entitled "Documenting and Reporting In-kind
Contributions" for more detail).
III. Final Invoices: Final invoices for the contract period are due no later than
September 14, 2007.
C. Contract Modifications: Prior written approval is required for significant program,
budgetary or organizational changes. Example are included below:
Pvhihit "n" •
• Changes in scope or gnais of the project
• The extended absence of the project director or any other key designated
official
• The appointment of a new project director
• Changes in the start and end date of a grant
• Decisions to sub -grant or sub -contract out a project activity not previously
contemplated or approved
• Significant reductions in match commitment
• Purchases of equipment not previously specified in the grant budget
• Movement of funds between budget categories
Over -expenditure of budget line items is not allowable. Line items may not be overspent and
managed by under -expending another line item within the budget. Should it be necessary to
shift resources between line items, a budget modification must be submitted to WSC and
approved in advance.
The project supervisor will review the budget regularly throughout the contract period and
submit timeiy modifications as needed. Requests for reimbursement reflecting over -
expended line items will not be accepted by WSC. A budget modification will be prepared by
the site and approved by WSC in advance. Budget modifications for the contract period will
be accepted no later than August 15, 2007.
D. National Service Identity: Members of the WSC are required to wear national service
identity -items -whenever they -are -engaged -in national service -sponsored -activities orofficial
business. As community leaders and role models, membersnare responsible for being well-
Boomed and maintaining Q positive publil. image of idle WSC and AmeriCorps. Sli eiviSvrs
g maintaining N g,.,. N" p
will ensure that members are issued service gear and dress appropriately for each day's
tasks, as determined by the project director. (Refer to the Member Contract and WSC
policy #2 "Service Gear and Grooming Standards" for additional guidelines related to
member service gear).
E. Submission of National Service Forms: To ensure the WSC is in compliance with
Corporation for National Service regulations related to use of the web -based reporting
system, the following due dates have been established.
I. Enrollment: The National Service Enrollment Form and all required documentation
must be submitted to the WSC within three (3) work days after a member is enrolled in
your project. The member is not considered enrolled until the WSC has received and
reviewed al! documentation. Missing or incomplete documents delay enrollments until
the next window.
I1. End of Term of Service: The End of Term of Service Form must be submitted within
five (5) work days after an AmeriCorps member exits from your project.
III. Change of Status: A!! formal requests to change an AmeriCorps member's status
(i.e., full-time to part-time, transfer to or from another AmeriCorps program) must include
a Change of Status Form and a written request from the project director with a full
explanation for this request. All requests will be reviewed by the WSC and forwarded to
the Washington State Commission for National and Community Service for approval.
Exhibit "A"
F. Out of State Travel Authorization: Out of state travel for project staff must be approved by
the WSC prior to any travel -related expenses being incurred. Documentation must contain
the purpose of the trip and how it relates to the employee's position or member's service
assignment, a description of the expected benefits, and an estimation of all travel -related
costs. Travel to border towns such as Portland, Oregon and Moscow, Idaho is not
considered out of state. Out of state travel for members is not authorized at the project
level.
G. National Service Network Involvement: Project directors are required to attend training
and technical assistance meetings held on average of twice per program year. In the event
the project director is unable to attend, a request to be excused from the meeting must be
sent to your Program Coordinator as soon as possible. Your agency must seek prior
approval of the WSC if another agency representative will attend. AmeriCorps members
shall not represent their project director at these meetings.
All project directors will actively help to implement the Unified State Plan within the
geographic area that they serve. This should involve collaboration with neighboring
AmeriCorps or other streams of national service on issues such as recruitment, training, and
member identity events.
H. Member Participation in National Service Events: It is an expectation that AmeriCorps
members will participate in the planning and coordination of statewide national service
events such as Make a Difference Day, Martin Luther King, Jr. Day of Service, and National
Volunteer Week. The project supervisor should support and encourage member
involvement in the Northwest Leader Corps and InterCorps Council.
I. Evaluation and Team Training Plans: Each site must submit its Evaluation Plan and Team
Training Plan to WSC no later than September 1, 2006. Copies of all evaluation tools and
instruments must be provided to Washington Service Corps before the evaluation plan will
be approved.
J. Program Sites Form: Each site must submit its program sites form to WSC no later than
September 29, 2006.
K. Progress Report: Each site is required to complete semi-annual progress reports. Report
due dates are March 23, 2007, and September 14, 2007. Early submission of progress
reports is strongly encouraged.
L. Sustainability Plan: During the 2006-2007 program year, all projects will utilize the WSC's
Program Sustainability Template to make progress towards sustainability. The WSC has
based its sustainability initiative around four key concepts: 1) People (internal support); 2)
Partnerships and Collaborations (external support); 3) Communication and Marketing; and
4) Resource Development. Projects are required to use the Program Sustainability
Template and supporting tools to track specific steps taken toward sustainability. This
information will be reported to the WSC and will be reviewed during on-site monitoring visits.
M. Meals, Coffee and Light Refreshments: The project director may approve serving meals,
coffee and light refreshments in the conduct of official business at certain AmeriCorps-
sponsored meetings. This authority is not intended for use in the normal daily business of
AmeriCorps programs, but rather for special situations or occasions where the purpose of
Fxhihit "O"
the meeting is to conduct AmeriCorps business, provide formal training sessions that benefit
the program, or recognize program or member accomplishments. Further clarification is
provided below:
I. Coffee and Light -Refreshments must be an integral part of the meeting. The project
director must document the expenditures for coffee and/or light refreshments. The
documentation IIIUst pIUVIUC support for LIIC expenditure, including the meeting purpose,
agenda and names of the persons attending the meeting.
11. Working Lunch: A working lunch as an integral part of a meeting agenda is an
allowable cost when, as stated above, it is provided in the context of a special situation
or occasion. A working lunch is not intended for use in the normal daily business of
AmeriCorps programs, i.e., providing lunch at a regularly scheduled meeting or training
is not allowable. On those occasions when lunch is provided, the cost per person for a
working lunch should not exceed the daily meal allowance for the project area. The
project supervisor must document the expenditures for a working lunch. The
documentation must provide support for the expenditure, including the meeting purpose,
agenda and names of the persons attending the meeting_
ill. Graduation Ceremonies: In recognition of members completing their term of
service, a graduation ceremony at the end of the program year is considered an
allowable activity. The cost of a meal for a member may be included as an integral part
of an event recognizing members. All costs of the ceremony should be necessary and
reasonable, with a modest and conservative approach taken in the planning.
Contribution and donations are strongly encouraged and the costs of the ceremony
should be allocated across all benefiting programs. The project director must document
the expenditures for a graduation ceremony. The documentation should provide support
for the expenditure, including a ceremony agenda and list of attendees.
N. Member Recognition and Graduation Ceremonies: In planning for member recognition
and graduation ceremonies, it is important to note that these events should take place at the
local level. Service occurs locally and should be recognized locally. Recognition and
graduation ceremonies involving travel out of state, overnight expenses or transportation
outside the local service area are not allowable costs under this grant and will not be
reimbursed.
The project director is expected to be aware of public perception in the planning of team
building activities and graduation ceremonies. Activities taking place in public should avoid
the appearance of utilizing federal funds to provide entertainment to AmeriCorps members.
Even when federal funds are not used to support a recognition activity, public perception is a
valid concern. Activities focusing on member recognition should be modest, conservative
and occur in a venue avoiding the appearance of entertainment. All costs should be
necessary and reasonable. Providing entertainment to members or support to recreational
activities is not allowable under this federal grant. Local contributions and donations are
strongly encouraged and should be well documented. Allowable costs for team building
activities and graduation ceremonies should be allocated across all benefiting programs.
EXHIBIT B
GENERAL TERMS AND CONDITIONS
INDEX
ITEM PAGES
PART I - DEFINITIONS 3
PART II - GENERAL CONDITIONS 4
A. ACCEPTANCE 4
B. ACCESS TO RECORDS AND FACILITIES / AUDITS 4
C. ADVANCE PAYMENTS PROHIBITED 4
D. ASSIGNMENT 4
E. ASSURANCES 5
F. ATTORNEY FLES AND COSTS 6
G. CHANGES AND MODIFICATIONS 6
H. COMMENCEMENT OF CONTRACT WORK 6
I. CONFLICT OF IN'1'LREST 7
J. CONFORMANCE 7
K. CONTRACTOR REGISI'RATION 7
L. COPYRIGHT PROVISIONS 7
M. COVENANT AGAINST CONTINGENT NEES 8
N. DEBARMENT AND SUSPENSION 8
O. DISALLOWED COSTS 8
P. DISPUTLS 9
Q. DUPLICATION OF BILLED COSTS 9
R. GOVERNING LAW 9
S. INDEMNIFICATION, INSURANCE AND BONDING 9
T. INDEPENDENT CAPACITY OF CONTRACTOR 11
U. INFORMATION 'TECHNOLOGY RESOURCES 11
V. INDUSTRIAL INSURANCE COVERAGE 11
W. LICENSING AND ACCREDITATION 12
X. LIMITATION OF SIGNATURE AUTHORITY 12
Y. LOBBYING ACTIVITIES 12
Z. MAINTENANCE OF EFFORT 12
AA. NONDISCRIMINATION 12
BB. PATENT RIGHTS 14
CC. PELL GRANTS 14
DD. PRICE WARRANT 14
EE. RECORD RE'I'LNTION 14
FF. SAFEGUARDING OF CLINNT INFORMATION 14
GG. SEVERABILITY 15
HH. SINGLE AUDIT ACT REQUIREMENTS 15
II. SITE SECURITY 15
JJ. SMALL, MINORITY, AND WOMEN -OWNED BUSINESS EN'I'LRPRISES 15
KK. SUBCONTRACTING 16
LL. TAXES 16
MM. 'TERMINATION, SUSPENSION AND REMEDIES 16
Approved as to form AGO February 2006
1 of 20
NN. TERMINATION PROCEDURE 17
00. TREATMENT OF ASSETS 18
PP. USE OF NAME PROHIBITED 19
QQ. WAIVER 19
F.QU A T . OPPORTUNITY TC TT -TF TAW Gv
2 of 20
GENERAL TERMS AND CONDITIONS
PART I - DEFINITIONS
As used throughout this Contract, the following temus shall have the meanings set forth below.
A. "CLIENT" shall mean any agency, firm, organization, individual or other entity applying for
or receiving services under this Contract.
B. "CONTRACTOR" shall mean that agency, firm, organization, individual or other entity
performing services under this Contract. It shall include any SUBCONTRACTOR retained
by the prime contractor as permitted under the terms of this Contract.
C. "AGENCY" shall mean the Employment Security Department of the state of Washington,
any division, section, office, unit or other entity of that Agency or any of the officers or
other officials lawfully representing the Agency.
D. "MINORITY BUSINESS ENTERPRISE," "MINORITY-OWNED BUSINESS
ENTERPRISE," or "MBE" shall mean a business organized for profit, performing a
commercially useful function, which is legitimately owned and controlled by one or more
minority individuals or minority business enterprises certified by the Office of Minority and
Women's Business Enterprises. The minority owners must be United States citizens or
lawful permanent residents.
E. "SUBCONTRACTOR" shall mean one, not in the employment of the Contractor, who is
performing all or part of those services under this Contract under Contract from the
CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" mean
SUBCONTRACT(s) in any tier.
F. "WOMEN'S BUSINESS ENl'hRPRISE," "WOMEN -OWNED BUSINESS
ENTERPRISE," or "WBE" shall mean a business organized for profit, performing a
commercially useful function, which is legitimately owned and controlled by one or more
women or women's business enterprises certified by the Office of Minority and Women's
Business Enterprises. The women owners must be United States citizens or lawful
permanent residents.
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PART II - GENERAL CONDITIONS
A. ACCEPTANCE
It is understood and agreed by and between the Agency and the Contractor that the
Contractor's payment is conditioned upon satisfactory performance and acceptance by
the Agency. The Agency reserves the right to withhold payment of any deliverable
contingent upon acceptance of the deliverable by the Agency. If defects preventing
acceptance of a deliverable are present, the Agency shall immediately notify the
Contractor in writing of the nature of the defects and the method of remedy of those
defects. The Contractor will take timely action to remedy defects as to permit
acceptance of the subject deliverable. Notwithstanding the other provisions of this
Contract, the Agency shall not unreasonably withhold acceptance of a deliverable nor
reimbursement of the Contractor.
B. ACCESS TO RECORDS AND FACILITIES / AUDITS
Th.=. (lfficP of the .CtatP Anditnr, fPdPrai anriitnrc and anv nPrcnnc rinly anthnri7Pd by the
Agency shall have full access to and the right to examine and copy any or all books, records,
documents and other material regardless of form or type which are pertinent to the
performance of this Contract, or reflect all direct and indirect costs of any nature expended
in the performance of this Contract. h addition, these entities shall have the right to access,
examine and inspect any site where any phase of the program is being conducted, controlled
or advanced in any way. Such sites may include the home office, any branch office, or other
locations of the Contractor. The Contractor shall maintain its records and accounts in such a
way as to facilitate the audit and examination, and assure that Subcontractors also maintain
records that are auditable. Access shall be at all reasonable times not limited to the required
retention period but as long as records are retained, and at no additional cost to the Agency.
C. ADVANCE PAYMENTS PROHIBITED
ED
No payment in advance or in anticipation of services or supplies to be provided by this
Contract shall be made by the Agency. in cost reimbursement contracts, the Contractor
shall be entitled only to reimbursement for expenses incurred during the contract period for
work accomplished as provided elsewhere in this Contract. In fixed unit price contracts, the
Contractor shall be entitled only to payment for work accomplished during the contract
period and in accordance with the terms of this Contract.
D. ASSIGNMENT
The work to be provided under this Contract, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written
consent of the other party, which consent shall not be unreasonably withheld.
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E. ASSURANCES
The Agency and the Contractor agree that all activity pursuant to this Contract will be in
accordance with all applicable current or future federal, state or local laws, rules and
regulations.
If this Contract is funded by the Workforce Investment Act (WIA), the Contractor shall
conduct the program in accordance with the existing or hereafter amended WIA, the U.S.
Department of Labor's regulations relating to WIA, and the Washington State WIA
Provisions.
Assurances Under Title I of WIA
As a condition to the award of financial assistance from the Department of Labor under Title
I of WIA, the grant applicant assures that it will comply fully with the nondiscrimination
and equal opportunity provisions of the following laws:
Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits
discrimination against all individuals in the United States on the basis of race, color,
religion, sex, national origin, age, disability, political affiliation or belief, and against
beneficiaries on the basis of either citizenship status as a lawfully admitted immigrant
authorized to work in the United States, or participation in any WIA Title I — financially
assisted program or activity;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination
on the bases of race, color and national origin;
Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against qualified individuals with disabilities;
The Age Discrimination Act of 1975, as amended, which prohibits discrimination on
the basis of age; and
Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex in educational programs.
The grant applicant also assures that it will comply with 29 CFR part 37 and all
other regulations implementing the laws listed above. This assurance applies to the grant
applicant's operation of the WIA Title I — financially assisted program or activity, and to all
agreements the grant applicant makes to carry out the WIA Title I — financially assisted
program or activity. The grant applicant understands that the United States has the right to
seek judicial enforcement of this assurance.
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F. ATTORNEY FEES AND COSTS
If any litigation is brought to enforce this Contract or any litigation arises out of any contract
term -lance nr nrnvicinn Parh party shall hP rPsnnncihlP fnr its nxxm PYnPnePc rnstc anrd
attorney fees.
G. CHANGES AND MODIFICATIONS
1. The Agency or Contractor may, from time to time, request changes in the services to be
performed, or in the project undertaken. Such changes, including any increase or
decrease in the amount of payment or reimbursement, which are mutually agreed upon
by and between the Agency and the Contractor shall be incorporated in written
modifications to this Contract.
2. The Contractor may make changes to the budget, without a formal modification to the
contract and without securing the prior approval of the Agency, under the following
conditions:
a The rn-,neions must not result in the nnn/1 Tor additional -Pawling
u. 1V V1J1V11J must not result 111 the 11VVU 1V1 (.LL1L11L1V11(.11 1L111tL1115.
b. Such changes must not alter the scope of the Contract's Statement of Work and must
not be prohibited by applicable federal or state statutes or regulations.
c. No transfers are allowed from the training category or direct payments to trainees to
other expense categories without a formal contract modification.
d.
The Contractor may vary actual expenditures within the major cost categories of the
budget without securing the prior approval of the Agency when such variances do
not exceed ten percent (10%) of the total costs originally budgeted in that category.
Such variances may be between line items only and may not alter the total amount of
money originally budgeted in the major cost category. The Contractor will send
written notices of such changes to the Agency.
3. Alteration of the terms of this Contract shall be valid only when in writing and signed
by the authorized representatives of the parties.
H. COMMENCEMENT OF CONTRACT WORK
Unless specifically exempted, the state of Washington Office of Financial Management
(OFM) requires that all sole source personal service contracts and amendments thereto and
competitively bid personal service contracts for management consulting, organizational
development, marketing, communications, employee training and employee recruiting be
approved by OFM to become binding. The personal service contract and amendments
thereto must be filed with OFM at least ten (10) working days prior to the effective date. No
work may be performed nor any payment be rendered or obligation for future payment be
incurred prior to the completion of the ten (10) working day period and approval of OFM.
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I. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the
Agency may, in its sole discretion, by written notice to the Contractor terminate this
Contract if it is found after due notice and examination by the Agency that there is a
violation of the Ethics in Public Service Act, RCW 42.52, or any similar statute involving
the Contractor in the procurement of, or performance under, this Contract.
In the event this Contract is terminated as provided above, the Agency shall be entitled to
pursue the same remedies against the Contractor as it could pursue in the event of a breach
of this Contract by the Contractor. The rights and remedies of the Agency provided for in
this clause shall not be exclusive and are in addition to any other rights and remedies
provided by law. The existence of facts upon which the Agency makes any deteiniination
under this clause shall be an issue and may be reviewed as provided in the DISPUTES
clause of this Contract.
J. CONFORMANCE
If any provision of this Contract is in conflict with or violates any statute or rule of law of
the state of Washington, it is considered modified to conform to that statute or rule of law.
K. CONTRACTOR REGISTRATION
The Contractor agrees to complete registration with the Department of Revenue,
Department of Labor and Industries New Account Division and Employment Security Tax
Administration by having filed a master business application prior to the execution of this
Contract and to pay any taxes, fees, or deposits required by the state as a condition of
providing services under this Contract. Contractor will provide the Agency with its
Washington Unified Business Identifier (UBI) number and its Washington Department of
Revenue tax account number, and, if applicable, its Labor and Industries account number
and its Unemployment Insurance tax number, if registration with these agencies occurred
prior to January 2, 1987. Required information will be provided prior to the Contractor
commencing services under this Contract.
L. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered
"works for hire" as defined by the U.S. Copyright Act and shall be owned by the Agency.
The Agency shall be considered the author of such Materials. In the event the Materials are
not considered "works for hire" under the U.S. Copyright Laws, Contractor hereby
irrevocably assigns all right, title, and interest in Materials, including all intellectual property
rights, to the Agency effective from the moment of creation of such Materials.
Materials means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer
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programs, films, tapes, and/or sound reproductions. Ownership includes the right to
copyright, patent, register and the ability to transfer these rights.
For Materials that are delivered under this Contract, but that incorporate preexisting
materials n Jt produced uuuoi dU1J rvutiact, r'lonuacfor herev<y, g rnuits to the Agency
u
nonexclusive, royalty -free, irrevocable license (with rights to sublicense others) in such
Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and
publicly display. The Contractor warrants and represents that Contractor has all rights and
permissions, including intellectual property rights, moral rights and rights of publicity,
necessary to grant such a license to the Agency.
The Contractor shall exert all reasonable effort to advise the Agency, at the time of delivery
of data furnished under this Contract, of all known or potential invasions of privacy
contained therein and of any portion of such document which was not produced in the
perfoitnance of this Contract. The Agency shall receive prompt written notice of each
notice or claim of infringement received by the Contractor with respect to any data delivered
under this Contract. The Agency shall have the right to modify or remove any restrictive
markings placed upon the data by the Contractor.
M. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agent has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agent maintained by the Contractor for the purpose of securing business.
The Agency shall have the right, in the event of breach of this clause by the Contractor,
to annul this Contract without liability or, in its discretion, to deduct from the contract
price or consideration or otherwise recover by other means the full amount of such
commission, percentage, brokerage or contingent fees. In no event shall the Agency be
liable for any brokerage or contingent fees.
N. DEBARMENT AND SUSPENSION
The Contractor has provided, in Exhibit D to this Agreement, its certification that it is in
compliance with and shall not contract with individuals or organizations which are debarred,
suspended, or otherwise excluded from or ineligible from participation in Federal Assistance
Programs under Executive Order 12549, and "Debarment and Suspension, codified at 29
CFR part 98.
O. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its
own organization or that of its Subcontractors.
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P. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties
and it cannot be resolved by direct negotiation, the parties agree to participate in a
mediation in good faith. The mediator shall be chosen by agreement of the parties. If the
parties cannot agree on a mediator, the parties shall use a mediation service that selects
the mediator for the parties. Nothing in this Contract shall be construed to limit the
parties' choice of a mutually acceptable alternative resolution method such as a disputes
hearing, a Dispute Resolution Board, or arbitration.
Q. DUPLICATION OF BILLED COSTS
The Contractor shall not bill the Agency for costs if the Contractor is being paid by another
funding source for those same costs. Workforce Investment Act (WIA) costs are defined as
any (1) administration, (2) direct training or (3) training related or supportive service
charges.
R. GOVERNING LAW
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington and the venue of any action brought hereunder shall be in the Superior Court
for Thurston County.
S. INDEMNIFICATION, INSURANCE AND BONDING
1. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold
harmless the state of Washington, the Agency, 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 this Contract. Contractor' s obligation to
indemnify, defend, and hold harmless includes any claim by Contractor's 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 this 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 or officials.
Contractor waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend and hold harmless State and its agencies, officials, agents or
employees.
2. The Contractor shall provide insurance coverage, which shall be maintained in full force
and effect during the term of this Contract, as follows:
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a. Commercial General Liability Insurance Policy. Provide a Commercial General
Liability Insurance Policy, including contractual liability, in adequate quantity to
protect against legal liability arising out of Contract activity but no less than One
Million dollars ($1,000,000) per occurrence. Additionally, the Contractor is
responsible for Cusu11I1 ULUL arty Subcontractors provide adequate insurance
coverage for the activities arising out of subcontracts.
b. Automobile Liability. In the event that services delivered pursuant to this Contract
involve the use of vehicles, either owned or unowned by the Contractor, automobile
liability insurance shall be required. The minimum limit for automobile liability is:
One Millions dollars ($1,000,000) per occurrence, using a Combined Single
Limit for bodily injury and property damage
c. The insurance required shall be issued by an insurance company/res authorized to do
business within the state of Washington, and shall name the state of Washington, its
agents and employees as additional insureds under the insurancce policy/policies_ All
policies shall be primary to any other valid and collectable insurance. Contractor
shall ,. 11 ]._,.a____.. i1__ ]_____._____ .._ �.___ Agency
a1_'....__ inn\ i____i advance
_ r
shall ins. ucl. he insurers w give regency tiny (30) nays auvance notice of any
insurance cancellation.
3. In the event the Contractor has been designated an agent for receiving or disbursing
funds from the Agency, or where the Contractor has been furnished property in which
the Agency has title in order to perform the responsibilities under this Contract, the
Contractor shall ensure that:
a. Every officer, director or employee who is authorized to act on behalf of the
Contractor or any Subcontractors for the purpose of receiving or depositing funds
into program accounts or issuing financial documents, checks or other instruments of
payment for program costs is bonded to provide protection against loss.
1) Fiduciary bonding secured pursuant to this Contract must have coverage of One
Hundred Thousand dollars ($100,000) or the highest planned advance or
reimbursement for the program year.
2) The Agency will require proof of fiduciary bonding and insurance coverage.
The Contractor will provide copies of bonding and insurance instruments or
certifications of same from the bonding/ insurance issuing agency. The copies
or certifications will show the bonding or insurance coverage, who is covered,
and the amounts.
4. If self-insured, the Contractor warrants that it will maintain coverage sufficient to cover
any liability specified above that may arise from the performance of this Contract, and
that the Contractor's Risk Officer or appropriate individual will provide to the Agency
evidence of such insurance.
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5. The Contractor will provide the Agency with a copy of the applicable insurance
facesheet(s) or certification of self-insurance reflecting these coverage's and limits
defined in this section. Insurance coverage(s) must be effective no later than the
effective date of this Contract and for the term of this Contract. Contractor shall submit
renewal certificates as appropriate during the term of this Contract.
T. INDEPENDENT CAPACITY OF CONTRACTOR
The parties intend that an independent Contractor relationship will be created by this
Contract. The Contractor and his or her employees or agents performing under this Contract
are not employees or agents of the Agency. The Contractor will not hold himself/herself out
as, nor claim to be an officer or employee of, the Agency or of the state of Washington by
reason hereof, nor will the Contractor make any claim of right, privilege or benefit which
would accrue to such employee under law. Conduct and control of the work will be solely
with the Contractor.
U. INFORMATION TECHNOLOGY RESOURCES
All WorkSource partners, customers and WIA service providers are required to conserve
and protect state resources for the benefit of the public interest. This requirement is
necessary to maintain public trust, conserve public resources and protect the integrity of
state information resources and systems. Active compliance with this requirement will
limit risk and liability for WorkSource partners and customers, as well as individual
employees.
All WorkSource partners, customers and WIA service providers must conform to WIA
Policy #3460 and ESD Policy and Procedure #2016, each of which are hereby
incorporated by reference when using ESD -provided state-owned information technology
resources.
V. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or
penalties on behalf of its employees as may be required by law, Agency may collect from
the Contractor the full amount payable to the Industrial Insurance accident fund.
The Agency may:
• Deduct the amount owed by the Contractor to the accident fund from the amount
payable to the Contractor by Agency under this Contract; and
• Transmit the deducted amount to the Department of Labor and Industries (L&1),
Division of Insurance Services.
This provision does not waive any of L&I's right to collect from the Contractor.
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W. LICENSING AND ACCREDITATION
The Contractor shall comply with all applicable local, state, and federal licensing,
accreditation, and registration requirements/standards, necessary for the performance of this
VARA" at, L.
X. LIMITATION OF SIGNATURE AUTHORITY
Only the Commissioner or Commissioner's delegate by writing (delegation to be made prior
to action) shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this Contract is not effective or binding
unless made in writing and signed by the Commissioner or Commissioner's delegate.
Y. LOBBYING ACTIVITIES
The Contractor has provided, in Exhibit C to this Agreement, its certification that it is in
compliance with the requirements of 29 CFR Part 93, restricting lobbying activities. The
contractor chap also mals avai able noon req est require disclosure information if the
Contractor participates in lobbying activities during the Contract period.
Z. MAINTENANCE OF EFFORT
The Contractor shall ensure the following:
• That funds for training programs do not impair existing contracts for services, or result
in the substitution of Federal funds for other funds in connection with work to be
performed, including services normally provided by temporary, part-time or seasonal
workers, or through subcontracting such services; and
• That funds for training programs result in an increase in employment and training
opportunities over those which would otherwise be available.
AA. NONDISCRIMINATION
No individual shall be excluded from participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the administration of or in connection
with, any such program or activity funded in whole or in part by this Contract on the
basis of race, color, religion, sex, national origin, age, disability, political affiliation or
belief; and against any beneficiary of programs financially assisted under Title I of the
Workforce Investment Act of 1998 (WIA), on the basis of the beneficiary's
citizenship/status as a lawfully admitted immigrant authorized to work in the United
States, or his or her participation in any WIA Title I -financially assisted program or
activity.
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The Contractor shall comply with the nondiscrimination and equal opportunity laws
described in Section 188 of WIA of 1998, including Title VI of the Civil Rights Act of
1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age
Discrimination Act of 1975, Title IX of the Education Amendments of 1972; and the
Americans with Disabilities Act of 1990.
The Contractor must not discriminate in any of the following areas:
• Deciding who will be admitted, or have access, to any WIA Title I - financially
assisted program or activity;
• Providing opportunities in, or treating any person in regard to, such a program or
activity; or
• Making employment decision in the administration of, or in connection with, such a
program or activity.
The Contractor also ensures that it will comply with 29 CNR, Part 37; including the
Methods of Administration (MOA) developed by the state of Washington Employment
Security Department and any WIA policies and procedures issued.
The Contractor shall promptly notify the State Equal Opportunity (EO) Officer at the
Employment Security Department of any administrative enforcement actions or lawsuits
filed against it alleging discrimination on the grounds of race, color, religion, sex,
national origin, age, disability, or political affiliation or belief; and against any
beneficiary of programs financially assisted under Title I of the Workforce Investment
Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a lawfully
admitted immigrant authorized to work in the United States, or his or her participation in
any WIA Title I -financially assisted program or activity. The State EO Officer will
notify the Director, Civil Rights Center (CRC), Office of the Assistant Secretary for
Administration and Management, U.S. Department of Labor.
The Contractor shall post the attached "Equal Opportunity is the Law" notice
prominently in reasonable numbers and places; shall disseminate the notice in internal
memoranda, other written or electronic communications; shall include the notice in
handbooks or manuals; make the notice available during orientations and to each
participant. A signed copy of the notice will also be made a part of the participant's file.
All medical information and/or information regarding a participant's disability must be
kept confidential and maintained in a file that is separate from the participant's file.
The Contractor shall include the following Equal Opportunity tagline in recruitment
brochures and other materials that are ordinarily distributed or communicated in written
and/or oral form, electronically and/or on paper, to staff, clients, or the public at large, to
describe WIA Title I financially assisted programs or activities:
"[Insert name of Organization] is an equal opportunity employer and
provider of employment and training services. Auxiliary aids and services
are available upon request to persons with disabilities."
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RR,
In the event that one of the parties hereto refuses to comply with the above provision, the
TERMINATION, SUSPENSION AND REMEDIES clause (Section MM) may be utilized.
PATENT RTf_'ATQ
The Agency retains the entire right, title and interest to each invention developed during the
performance of Contract services. The Agency shall receive prompt, written notice of each
notice or claim of patent infringement received by the Contractor with respect to patents
developed during its performance of Contract services.
CC. PELL GRANTS
If this Contract is WIA funded and involves participant training at institutions that are
certified to participate in student financial aid, as appropriate the Contractor shall
incorporate the use of Pell Grants to offset the costs of training, such as tuition, books,
supplies, transportation, child care, miscellaneous expenses, and/or special costs for disabled
participants. (Department of Labor Infouuation Notice 25-89, dated April 9, 1990.)
DD. PRICE WARRANT
The Contractor warrants that the cost charged for services under the terms of this Contract
are not in excess of those charged any other client for the same services perfouued by the
same individuals.
EE. RECORD RETENTION
Contractor shall retain all books, records, documents and other material which reflect all
direct and indirect costs of any nature expended in the perfoiurance of this Contract,
including participant data for a period of three (3) years after final payment under this
Contract if Wei funded, or six (6) years from termination of the Contract if non-WIA
funded. Records shall be retained beyond the above referenced retention periods if litigation
or audit is begun prior to the end of the period referenced above, or if a claim is instituted
prior to the end of the period referenced above involving the Contract covered by the
records. In these instances, the records will be retained until the litigation, claim or audit has
been finally resolved.
Records regarding discrimination complaints under WTA and actions taken thereunder shall
be maintained for a period of not less than three (3) years from the date of resolution of the
complaint.
FF. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any information concerning a program recipient or
client for any purpose not directly connected with the administration of the Agency's or the
Contractor's responsibilities with respect to contracted services provided under this Contract
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is prohibited except by written consent of the recipient or client, his/her attorney or his/her
legally authorized representative.
The Contractor shall use any private and confidential information provided under this
Contract solely for the purpose for which the information was disclosed. The Contractor
shall not disclose or misuse any private and confidential information under this Contract
unless the disclosure is authorized by law. The misuse or unauthorized release of private
and confidential information shall subject contractor, its employees or agents to a civil
penalty of Five Thousand dollars ($5,000) and other applicable sanctions under state and
federal law (50.13 RCW).
GG. SEVERABILITY
The provisions of this Contract are intended to be severable. If any term or provision is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this Contract.
HH. SINGLE AUDIT ACT REQUIREMENTS
If the Contractor is a subrecipient of federal awards as defined by Office of Management
and Budget (OMB) Circular A-133, the Contractor shall maintain records that identify all
federal funds received and expended. Such funds shall be identified by the appropriate
OMB Catalog of Federal Domestic Assistance Numbers. The Contractor shall make the
Contractor's records available for review or audit by officials of the federal awarding
agency, the General Accounting Office, Employment Security Department, and the
Washington State Auditor's Office. The Contractor shall incorporate OMB Circular A-
133 audit requirements into all contracts between the Contractor and its Subcontractors
who are subrecipients. The Contractor shall comply with any future amendments to OMB
Circular A-133 and any successor or replacement Circular or regulation.
If the Contractor expends $500,000 or more in federal awards during the Contractors
fiscal year, the Contractor shall procure and pay for a single or program -specific audit for
that year. Upon completion of each audit, the Contractor shall submit to the Contracting
Officer named in this Contract the audit report and other appropriate documentation as
required in OMB Circular A-133.
II. SITE SECURITY
While on Agency premises, Contractor, its agents, employees, or Subcontractors shall
conform in all respects with physical, fire or other security policies or regulations.
JJ. SMALL, MINORITY, AND WOMEN -OWNED BUSINESS ENTERPRISES
The Contractor shall provide to qualified small, minority and women -owned business
enterprises the maximum practicable opportunity to participate in the performance of this
Contract.
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KK. SUBCONTRACTING
The Contractor shall not subcontract work or services contemplated under this Contract
and/nr use an nntoirle consultant nvnnnt as provided for n the Statement of XXT rk ..ithn11+
ULLW /or LsOV an VLLLULUV VV11JLt1LUiiL except LU) 1J1V Y1 .4V&L 111 the L LULV111V11L of YY V111 VY 1L11V11L
obtaining the prior written approval of the Agency for the authority to enter into
subcontracts. Contractor acknowledges that such approval for any subcontract does not
relieve the Contractor of its obligations to perform hereunder. The Agency retains the
authority to review and approve or disapprove all subcontracts. At the Agency's request, the
Contractor will forward copies of subcontracts and fiscal, programmatic and other material
pertaining to any and all subcontracts.
For any proposed Subcontractor the Contractor shall:
1. Be responsible for Subcontractor compliance with these General Terms and Conditions
and the subcontract terms and conditions; and
2. Ensure that the Subcontractor follows the Agency's reporting formats and procedures as
specified by the Agency.
LL. TAXES
It is mutually agreed and understood that all payments accrued on account of payroll taxes,
unemployment contributions, any other taxes, insurance or other expenses for the Contractor
staff be the sole liability of the Contractor.
MM. TERMINATION, SUSPENSION AND REMEDIES
1. Termination or Suspension for Cause
In the event the Agency determines the Contractor has failed to comply with the
conditions of this Contract in a timely manner, the Agency has the right to suspend or
terminate this Contract. Before suspending or terminating this Contract, the Agency
may, at its sole discretion, notify the Contractor in writing of the need to take corrective
action. If corrective action is not taken the Contract may be terminated or suspended. In
the event of termination or suspension, the Contractor shall be liable for damages as
authorized by law including, but not limited to, any cost difference between the original
Contract and the replacement or cover Contract and all administrative costs directly
related to the replacement Contract, e.g., cost of the competitive bidding, mailing,
advertising, and staff time.
The Agency reserves the right to suspend all or part of this Contract, withhold further
payments, or prohibit the Contractor from incurring additional obligations of funds
during investigation of the alleged compliance breach and pending corrective action by
the Contractor or a decision by the Agency to terminate this Contract. A termination
shall be deemed to be a "Termination for Convenience" if it is determined that the
Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
16of20
control, fault or negligence. The rights and remedies of the Agency provided in this
Contract are not exclusive and are in addition to any other rights and remedies provided
by law.
The Agency reserves the right to immediately suspend all, or part of, this Contract, and
to withhold further payments, or to prohibit the Contractor from incurring additional
obligations of funds when it has reason to believe that fraud, abuse, malfeasance,
misfeasance or nonfeasance has occurred on the part of the Contractor under this
Contract.
2. Termination for Funding Reasons
The Agency may unilaterally terminate this Contract in the event that funding from
federal, state or other sources becomes no longer available to the Agency or is not
allocated for the purpose of meeting the Agency's obligation hereunder. In the event
funding is limited in any way, this Contract is subject to re -negotiation under any new
funding limitations and conditions. Such action is effective upon receipt of written
notification by the Contractor.
3. Termination for Convenience
Except as otherwise provided in this Contract, the Agency may, by ten (10) days'
written notice, beginning on the second day after mailing, terminate this Contract, in
whole or in part. If this Contract is so terminated, the Agency shall be liable only for
payment required under the terms of this Contract for services rendered or goods
delivered prior to the effective date of termination.
NN. TERMINATION PROCEDURE
Upon termination of this Contract, the Agency, in addition to any other rights provided in
this Contract, may require the Contractor to deliver to the Agency any property specifically
produced or acquired for the performance of such part of this Contract as has been
terminated. The provisions of the TREATMENT OF ASSETS clause shall apply in such
property transfer.
The Agency shall pay to the Contractor the agreed upon price, if separately stated, for
completed work and services accepted by the Agency and the amount agreed upon by the
Contractor and the Agency for (1) completed work and service(s) for which no separate
price is stated; (2) partially completed work and services; (3) other property or services
which are accepted by the Agency; and (4) the protection and preservation of property,
unless the termination is for default, in which case the Agency shall determine the extent of
liability of the Agency. Failure to agree with such determination shall be a dispute within
the meaning of the DISPUTES clause of this Contract. The Agency may withhold from any
amounts due to the Contractor such sum as the Agency determines to be necessary to protect
the Agency against potential loss or liability.
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The rights and remedies of the Agency provided in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law or under this Contract.
After receipt of a notice of termination and except as otherwise directed by the Agency, the
rnntra 'tor chap•
1. Stop work under this Contract on the date, and to the extent specified, in the notice;
2. Place no further orders or subcontracts for materials, services, or facilities except as may
be necessary for completion of such portion of work under this Contract as is not
terminated;
Assign to the Agency, in the manner, at the times, and to the extent directed by the
Agency, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Agency has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and
subcontracts.
4. Settle all outstanding liabilities and all claims arising out of such termination of orders
1J
and subcontracts, with the approval or ratification of the Agency to the extent the
Agency may require, which approval or ratification shall be final for all purposes of this
clause;
5. Transfer title to the Agency and deliver in the manner, at the times, and to the extent
directed by the Agency any property which, if the Contract had been completed, would
have been required to be furnished to the Agency;
6. Complete performance of such part of the work as shall not have been terminated by the
Agency; and
7. Take such action as may be necessary, or as the Agency may direct, for the protection
and preservation of the property related to this Contract which is in the possession of the
Contractor and in which the Agency has or may acquire an interest.
00. TREATMENT OF ASSETS
1. Title to all property furnished by the Agency shall remain in the Agency. Title to all
property purchased by the Contractor the cost of which the Contractor has been
reimbursed as a direct item of cost under this Contract, shall pass to and vest in the
Agency upon delivery of such property by the Contractor. The title shall only pass to
the Contractor if the Agency specifically agrees to grant title in this Contract for asset(s)
purchased.
2. Any property of the Agency furnished to the Contractor shall, unless otherwise provided
herein, or approved by the Program Manager in writing, be used only for the
performance of this Contract.
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3. Property will be returned to the Agency in like condition to that in which it was
furnished to the Contractor, normal wear and tear excepted. The Contractor shall be
responsible for any loss or damage to property of the Agency in the possession of the
Contractor which results from the negligence of the Contractor or which results from the
failure on the part of the Contractor to maintain said property in accordance with sound
management practices.
4. If any Agency property is damaged or destroyed, the Contractor shall notify the Agency
and shall take all reasonable steps to protect that property from further damage.
5. The Contractor shall surrender to the Agency all property of the Agency upon
completion, termination or cancellation of this Contract.
6. All reference to the Contractor under this clause shall include any employees, agents or
Subcontractors.
PP. USE OF NAME PROHIBITED
The Contractor shall not in any way contract on behalf of or in the name of the Agency.
Nor shall the Contractor release any informational pamphlets, notices, press releases,
research reports, or similar public notices concerning this project without obtaining the prior
written approval of the Agency.
QQ. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent
default or breach. Any waiver shall not be construed to be a modification of the terms of
this Contract unless stated to be such in writing signed by authorized representative of the
Agency.
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STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
PO Box 9046 ❑ Olympia, WA 98507-9046
EQUAL OPPORTUNITY IS THE LAW
29 CFR Part 3730
It is against the law for this recipient of Federal financial assistance to discriminate on the
following bases:
Against any individual in the United States, on the basis of race, color, religion, sex,
national origin, age, disability, political affiliation or belief; and
Against any beneficiary of programs financially assisted under Title 1 of the Workforce
Investment Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a lawfully
admitted immigrant authorized to work in the United States, or his or her participation in any
WIA Title I -financially assisted program or activity.
The recipient -must -not -discriminate in -any -of the -following areas:—Deciding-who-will be
admitted, or have access, to any WIA Title I -financially assisted program or activity; providing
opportunities 111, or treating any person with regard to, such a program or activity; or making
employment decisions in the administration of, or in connection with, such a program or activity.
If you think that you have been subjected to discrimination under a WIA Title I -
financially assisted program or activity, you may file a complaint within one hundred eighty
(180) days from the date of the alleged violation with either: the recipient's Equal Opportunity
Officer (or person whom the recipient has designated for this purpose); or the Director, Civil
Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123,
Washington, DC 20210.
If you file your complaint with the recipient, you must wait either until the recipient
issues a written Notice of Final Action, or until ninety (90) days have passed (whichever is
sooner), before filing with the Civil Rights Center (see address above).
If the recipient does not give you a written Notice of Final Action within ninety (90) days
of the day on which you filed your complaint, you do not have to wait for the recipient to issue
that Notice before filing a complaint with CRC. However, you must file your CRC complaint
within thirty (30) days of the ninety- (90-) day deadline (in other words, within one hundred
twenty (120) days after the day on which you filed your complaint with the recipient).
If the recipient does give you a written Notice of Final Action on your complaint, but you
are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must
file your CRC complaint within thirty (30) days of the date on which you received the Notice of
Final Action.
20 of 20
Exhibit C
0Tool- Cr -
Certification Regarding Lobbying
APPENDIX A TO TITLE 29, PART 93 - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned (i.e., the Contractor signatory) certifies, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form—
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including subcontracts, sub grants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Contractor acknowledges that this certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into, that
submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S.C., and that any person who fails to
file the required certification shall be subject to a civil penalty of not Tess than $10,000
and not more than $100,000 for each such failure.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
...
TITLE
(/ f / /1, -?n,. -__,(j,,4-
APPLICANT ORGANtzATION
DATE SUBMITTED
Exhibit D
07-00/-6-
Certification
7Q0OI-G
Certification Regarding Debarment and Suspension
APPENDIX A TO TITLE 29, PART 98 - CERTIFICATION REGARDING DEBARMENT
AND SUSPENSION - Certification for Contracts, Grants, Loans, and Cooperative
Agreements
1. The undersigned (i.e., the Contractor signatory) certifies, to the best of his or her
knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
B. Have not within a three-year period preceding this proposal been convicted or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(B) of this certification; and,
D. Have not within a three-year period preceding this application/proposal had one
or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation of this proposal (or plan).
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
-►
TITLE
C.11 j, 1` 'n le
APPLICANT ORGANI
C;'0 'r
ION
V;ate,'
DATE SUBMITTED
6 f akt,
Shaded Areas. for WSC use only
Project Budget Form
Program: Washington Service Corps - AmeriCorps State
Project Name: Yakima Parks and Recreation
Program Year: 2006-2007
Section I. Program Operating Costs
A. Personnel Expenses
B Personnel Fringe Benefits
C1. Staff Travel
C2. Member Travel
D. Equipment
E. Supplies
F. Contractual and Consultant Services
G1 Staff Training
G2. Member Training
H. Evaluation
I. Other Program Operating Costs
Section I Total
Total
Program
Cost
Corporation
Funds
Requested
79,149 46,766
15,102 10,068
3,113 1,261
9,458 9,458
Exhibit E
Grantee
Match
32,383
5,034
1,852
Subtotal $ 106,822 $ 67,553 $ 39,269
1,025 1,025
1,000 1,000
2,000
9,700
1,000 1,000
1,000 8,700
Subtotal $ 13,725 $ 3,025 $ 10,700
$ 120,547 $ 70,578 $ 49,969
Section It. Member Costs
Living
Allowance.
'Number of
Members.
Total FTEs
A. Living Allowance Type
Full Time:(1700 hrs) • $50
Half Time (900 fhrs)
Full Time'[ eader (1700. hrs) 950.
B. Member Support Costs
FICA for Members
Workers,Compensation
Health Care
Section it ;Total .,.
15
15
0
0
Section Ill, Administrative/Indirect Costs
A. Grantee Administrative Costs
B. Federally Approved Indirect Cost Rate
Section III Total
Budget Totals
Funding Percentages
Subtotal `$ `<
Subtotal
$ 120,547 $ 70,578 $ 49,969
100% 59% 41%
Shaded Areas for WSC use only
Exhibit E
Budget Narrative
Program: Washington Service Corps - AmeriCorps State
Project Name: Yakima Parks and Recreation
Program Year: 2006-2007
Section I. Program Operating Costs
A. Personnel Expenses
Position/Title, % of time, Annual Salary
CNCS Share
Grantee Shar
Total Amount
Position 1: Project Manager, by contract/50%/20
hours/week x 52 weeks = 1,040 hours @ $34.61/hour
Position 2: Recreation Activities Specialist/100%12,080
hours @ $13.83/hour.
Position 3: Recreation Activities Specialist/ 50%/1,040
hours @ $13.83/hour
$18,000 $18,000 $36,000
$28,766 $28,766
$14,383 $14,383
CATEGORY Totals
$46,766
$32,383
$79,149
B. Personnel Fringe Benefits
Purpose, Calculation, #of Employees, Total
CNCS Share
Grantee Shar Total Amount
Position 2: Recreation Activities Specialist benefits = 35%
of base salary
$10,068
$1,261
$10,068
Position 3: Recreation Activities Specialist benefits = 35%
of base salary x 50%
$5,034
$5,034
CATEGORY Totals
$10,068
$5,034
$15,102
C1. Staff Travel
Purpose of travel, calculation
CNCS Share
Grantee ShariTotal Amount
Mileage reimbursement for staff travel to program sites: 10
miles/day x 5 days/week x 52 weeks = 2,600 miles/year x
$.485/mile (IRS rate) x 2 positions
$1,261
$1,261
$2,522
Other travel: SERVES and related training
$291
$291
Out -of -area meals and lodging @ $100/day x 3 days/year
$300
$300
CATEGORY Totals 1
$1,261
$1,852
$3,113
C2. Member Travel
Purpose of travel, calculation
CNCS Share
Grantee Shar
Total Amount
Mileage reimbursement for member travel from office to
program sites: 5 miles/day x 5 days/week x 46 weeks =
1,150 miles x $.485 (IRS rate) x 15 members= $8,370. $1088
for travel to 2 SERVES Institutes.
$9,458
$9,458
CATEGORY Totals
$9,458
$9,458
D. Equipment
Item/Purpose - Qty - Unit Cost
CNCS Share
Grantee Shar
Total Amount
Not applicable
CATEGORY Totals
0
E. Supplies
Item - Calculation
CNCS Share
Grantee Shar Total Amount
Service corps gear (uniforms): $35 x 15 members
$525
$525
Volunteer recognition supplies
$500
$500
CATEGORY Totals
$1,025
$1,025
‘i. Contractual. and Consul
alit Services
Purpose Calculation - Daily Rate
GNcs:sharelcrantee: Shari
Total. Amount
CATEGORY Totals
G1. Staff Trainin
g
Purpose - Calculation - Daily Rate
CNCS Share
Grantee Shar
Total Amount
Staff training will be provided by agency (in kind).
$1,000 $1,000
CATEGORY Totals
$1,000
$1,000
G2. Member Trainin
g
Purpose - Calculation - Daily Rate
CNCS Share
Grantee Shar
Total Amount
2 -day member retreat (facility + meals)
Other training, professional staff and supplies
$1,000
$1,000
$1,000
CATEGORY Totals
$1,000
$1,000 1 $2,000
'H. Evaluation
Purpose = Calcu[atitin = Dally Rate
CNCS .Snare
Grantee 'Shar
Total Amount
CATEGORY Totals;
I. Other Program Operating Costs
Purpose - Calculation
CNCS Share
Grantee Shar Total Amount
Office space: 2 locations (northeast and southeast Yakima)
@ $300/month/site
$7,200
$7,200
Phones: 2 locations @ $50/month
$1,200
$1,200
Background checks
0
$300
$300
Recruitment costs (ads)
$1,000
0
$1,000
CATEGORY Totals
$1,000
$8,700
$9,700
SECTION I Totals
$70,578
$49,969
$120,547
Section 11. Member Costs
A: Living Allowance
Total #- of' M tT ber FTEs
1$ ...;
CNCS Share
Grantee Shar
Total Amount
Full Time (1700 hrs):
15.
Half Time (900 hrs)
0
Full Time Leader(1700 hrs)
0
-CATEGORY Totais
B. Member Support Costs.
Purpose- Calculation
CNCS Share
Grantee:Shari
Total: Afnourit
CATEGORY Totals
SECTION.II Totals,
Section :[11: Administrative/!nd'trect Costs
A; Grantee Administrative Costs
Purpose `� Caiculatioii
CNCS.Share
Grantee Shari
Total Amount
CATEGORY To
IIs
B: Pedera[ly Approved Indirect Cost Ra
Purpos
Cal ulatiori Cosf B is,Rate,Rate Claiitsd:gst Typi
';,:CATEGORY Totals-:;
CNCS Saye
Grantee Shan
Total Amount
SECTION;I1tTota1S
PROJECT BUDGET Totals
$70,578
$49,969
$120,547
EXHIBIT F
EMPLOYMENT SECURITY DEPARTMENT
CONTRACTOR TRAVEL REIMBURSEMENT INFORMATION
GENERAL: Contractors may only be reimbursed for travel expenses that are both necessary and
reasonable to carry out the terms of this contract.
VEHICLE, LODGING, AND SUBSISTENCE EXPENSES: Private vehicle mileage, lodging, and meal
expenses will be reimbursed at the General Services Administration (GSA) standard rates in effect at the
time travel occurs. The rates may be accessed at web site http://www.gsa.gov/travel.htm
FIFTY MILE RULE FOR LODGING: Lodging costs may not be reimbursed if the lodging expense is
incurred at a facility that is within fifty (50) miles of the contractor's home or office, whichever is closer,
unless one of the following conditions apply:
1. The contractor's workday (combined work and travel time) for the day will exceed 12 hours (workdays
in excess of 12 hours may be considered a health and safety issue).
2. Inclement weather precludes the contractor from returning to the office or home without risk to
personal safety.
If lodging reimbursement is claimed under either of the above exceptions, a full explanation must be
provided when the request for reimbursement is submitted.
EXCEPTION TO THE STANDARD REIMBURSEMENT RATE FOR LODGING: Under the
following conditions, lodging may be reimbursed for amounts higher than the GSA standard rates:
1. The contractor stays at the specific lodging facility where the meeting/conference is being held in order
to achieve maximum benefit from the event by interacting with other meeting/conference participants.
2 Affordable lodging accommodations are not available or cannot be obtained within a reasonable
commuting distance from the meeting/conference site.
3 The contractor, because of special duties associated with carrying out the terms of this contract,
necessarily incurs unusually high lodging expenses, e.g., rents a suite that is also used as a meeting
room.
If lodging reimbursement is claimed under any of the above exceptions, the contractor must select the most
economically priced room or suite available and must attach the following to the request for
reimbursement:
• reason for claiming an exception to the standard lodging rate
• original lodging receipts
RENTAL CARS: Contractors may rent vehicles only when necessary to carry out the terms of this
contract and only when no other more cost effective means of transportation are available (airporter,
limousine, taxi, etc.). Reimbursement will not be made to the contractor for any rental car expenses that
are incurred to conduct personal business. An original receipt from the rental car agency must accompany
the request for reimbursement.
MEALS: Meals will be reimbursed for overnight travel or business meetings/conferences at the standard
GSA rates when the contractor is in travel status during the following ESD established meal periods:
• Breakfast — 7:00 AM to 9:00 AM
• Lunch— 11:00 AM to 1:00 PM
• Dinner — 4:30 PM to 6:00 PM
Exhibit F
MISCELLANEOUS: Contractors may also request reimbursement for miscellaneous travel expenses,
including parking fees, ferry tolls, ground transportation, bridge tolls, and telephone calls. Tips for meals
and lodging are already included in the meal rates and will not be reimbursed as a miscellaneous expense.
A receipt must be provided for any single miscellaneous charge of $25.00 or more.
REQUESTING REIMBURSEMENT: To he reimbursed for travel expenses, the contractor must submit
a log that details:
1. The beginning and ending dates of each trip.
2. From and To travel locations.
3. The hour of departure and return.
4. The specific meals being claimed for each trip, i.e., breakfast, lunch and/or dinner (receipts need not be
provided).
S Amount of any lodging expenses being claimed and the name of the lodging facility per trip (original
lodging receipt must be attached).
6. The amount of any private vehicle mileage being claimed for each trip and the reimbursement amount,_
i.e., the mileage multiplied by the current private vehicle rate.
7. The amount and description of any miscellaneous expenses being claimed per trip. Rental car
expenses should be included as a miscellaneous expense and requires an explanation of why a rental
car was needed.
8. An explanation of the purpose of the trip and how it contributed to the objectives of the contract.
If the contractor prefers, he/she may use travel forms supplied by the department to document claims for
travel expenses. These forms may be requested from the ESD Fiscal Office by calling the Travel Desk at
(360) 902-9353 or FAX a Travel Voucher form request to (360) 902-0917.
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: June 27, 2006
Resolution authorizing a Grant Agreement with the State of Washington
Employment Security Department for a team -based AmeriCorps
Community Project for Youth
SUBMITTED BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols 575-6020
SUMMARY EXPLANATION:
Yakima Parks and Recreation has been awarded a grant from the State of Washington to
operate a team -based AmeriCorps project. Beginning September 1, 2006, Parks and
Recreation will have 15 AmeriCorps members providing after-school enrichment activities,
youth recreation and tutorial programs. Community sites will be at the Yakima Police Athletic
League (YPAL) Miller Park Activity Center, at the Southeast Community Center, and at Barge -
Lincoln and Hoover Elementary Schools.
We have partnered with the Southeast Community Center on this project, and Denise Nichols
will oversee the project for the City; Ester Huey will be Project Manager; and Karin Benson,
Recreational Leader, will oversee the AmeriCorps staff.
The grant is for $70,578 for 2006-2007 (September 2006 -August 2007). Although this is a
one-year grant, our application and approval is for a three-year project, renewable yearly.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source:
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council to Adopt the
Resolution authorizing the City Manager to execute a grant agreement and all necessary
documentation for the grant award from the State of Washington Employment Security
Department for a team -based AmeriCorps Community Project for Youth.
BOARD/COMMISSION RECOMMENDATION: The Parks and Recreation Commission has
reviewed the project and recommends that the City Council adopt the Resolution and pass the
Appropriation Ordinance for the team -based AmeriCorps Community Project for Youth.
COUNCIL ACTION: