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HomeMy WebLinkAboutR-2011-035 "Job Fair 2011" South Central Workforce Development Council Contract for CDBG FundingA RESOLUTION RESOLUTION NO. R-2011-35 authorizing the City Manager to execute a contract, in the amount of $5,000 of CDBG funding, with the South Central Workforce Development Council for reimbursement of costs related to "Job Fair 2011". WHEREAS, the City of Yakima is a recipient of Federal Community Development Block Grant (CDBG) funds, which may be used, among other things, to provide Economic Development; and WHEREAS, the Workforce Development Council requests a grant of $5,000 in CDBG funds to assist with the costs of renting the Yakima Convention Center for "Job Fair 2011", and WHEREAS, The Workforce Development Council will supply the number of job offers made and accepted at the Fair and as well as the number of job offers made and accepted as a result of the Fair within 60 days after the Fair, and WHEREAS, The City Council has determined that it is in the best interest of the City to authorize and approve the $5,000 grant request from Workforce Development Council to assist with the costs of renting the Yakima Convention Center "Job Fair 2011," now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. A grant of $5,000 in CDBG funds to the Workforce Development Council for the purpose of assisting with the cost of renting the Yakima Convention Center for the "Job Fair 2011" is hereby authorized and approved. 2. The City Manager is hereby authorized and directed to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Workforce Development Council. ADOPTED BY THE CITY COUNCIL this 15th of February, 2011. ATTEST: Micah Cawley, May AGREEMENT BETWEEN THE CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization: South Central Workforce Council (hereinafter "Contractor") 2. Address: 120 S. 3`d Street, Ste #200-A, Yakima WA, 98901 3. Phone: (509) 574-0105 4. Contact Person: Patrick Baldoz 5. Title of Service or Program being funded: 2011 Job Fair Assistance) 6. Amount of Contract Award: $ Actual cost of reimbursement for renting the Convention center for "2011 Job Fair" up to a maximum amount of $5,000 (CDBG) 7. The term of this Contract shall commence upon the execution hereof and terminate on July 31, 2011 at midnight, unless sooner terminated by either party in accordance with Section XXII of Exhibit "A", attached hereto and incorporated herein by this reference. 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following: 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including the funding sources and uses statement and the work plan, attached hereto as Exhibit "B" and incorporated herein by this reference. 3) City of Yakima Resolution No. R-2011-35, A copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. 9. Final Contract payment shall be subject to satisfactory completion of the project described in Exhibit "B", and satisfaction of all contract terms and conditions as stated in Exhibit "A", Exhibit "B" and Exhibit "C". This written document, together with all of the incorporated exhibits hereto, constitutes the entire Contract and terms of agreement between the parties hereto. IN WITNESS THEREOF the parties have executed this Contract as of the day and year stated below. Morales, Acting City Manager Ti V ATT "IP •e•orah J. Moore, City Clerk City Contract No.: 2011-27 2 -7d 0/0 Date . 11 Date EXHIBIT "A" DESIGNATION The City of Yokmm, as recipient of a housing and community development grant from the U.S. Department of Housing d Urban Deva|opnnent, hereby designates Contractor to undertmke, and the Contractor hereby agrees to undertake that certain community development or housing assistance pject described in Exhibit "B", Scope of Work (hereinafter "the project"). SUB -GRANT A. NOTICE TO PROCEED No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood OAve|opmant Services (ONDS). ONDS shall furnish the Contractor with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. AMOUNT OF GRANT The City hereby grants to the Contractor u nS.UOOfor said project. U| GENERAL BUDGET PROVISIONS The City reserves the right to hold payment until adequate documentation has been provided by the Contractor and reviewed by the City. The Contractor agrees to the foliowing provisions in satisfying the terms and coriditions of this contract: A. PAYMENT AND DISBURSEMENTS Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contractor or obligations of the Contractor currently due and om/ing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence ofaII the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima ONDS of a written reimbursement request on forms provided by the City of Yakima ONDS supported by copies of vouchera, invoioeo, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima ONDS that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74- 4 "eligible costs under the CDBG Program" and that also fall within the applicable Project Budget. B. No payment shall be made for any service rendered by the Contractor except for services within the scope of a category ed forth in the budget in Exhibit ^B^ of this Controot, and all funds received must be used for service as identified in 2 of 17 City of Yakima 2/9/2011 Page 2 • C. 1. The Contractor shall submit to the City of Yakima ONDS a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (1O96) or more per home, from what has been set forth in the approved budget subject category. The City's written budget revision approval must be received by the Contractor prior to the Contractor incurring any expenditures against the revised budget subject categories. 2. When the revision of the Contractor budget does not exceed ten percent (109Q of an approved budget subject category, the Contractor must submit a revised budget to the City of Yakima ONDS prior to the submittal of claims against the budget. IV COMMENCEMENT OF WORK This signed contract will serve as writtenotice to proceed from the City of Yakima V BILLING PROCEDURES A. The Contractor shall submit monthly written claims* for reimbursement of services performed under this contract in the manner prescribed in paragraph 111 above, and as prescnbed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to substantially reduce the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. V1( BUDGET SURPLUS The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus budget funds at the end of the project shall be subject to cancellation by the City of Yakima ONDS and may be negotiated if they are to be included in future Contracts. Assets purchased with CDBG funds shall continue to be used in accordance with its original purpose as provided in 24CFR 570.503 (b)(8). NU COMPLIANCE WITH LAWS A. GENERAL The Contractor, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ondinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Oeve|opment, ino|uding, but not limited to, Federal HOME Regulations and otherpp|iciesandRuide|inmsesbab|iohedbytheCityofYokimo[}NDS. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS 3vf1r The following federal provisions may apply, among nthens, to this Contract: City of Yakima 2/9/2011 Page 3 1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AN D LOWER TIER COVERED TRANSACTIONS A. Contractor, defined as the primary Participant and it principals, certifies by signing these General Terms and Conditons that to the best of ts knowledge and belief that they: B. Are not presently dobarnad, auopended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. C. Have not within a three-year period preceding this Agreement, been convicted of or had a cvI judgment rendered against them for commission pf fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or tnonoaodon, violation of Federal or State antitrust statutes or commission of embezzlement, thaft, forgory, bribery, falsification or destruction of records, making faise statements, tax evasion, receiving stolen propedy, making faise claims, or obstruction ofjustice; D. Are not presently indicted for or otherwise criminally or civilly charged by a governrnental entity (Federal, State, or Iocal) with commisson of any of the offenses enumerated in paragraph (1 )(b) of this section; and 1. Have not within a three-year period preceding the signng of this Agreement had one or more public transactions (Federal, State, or Iocal) terminated for cause of default. 2. Where the Contractor is unab(e to certify to any of the statements in this Agreement, the Contractor shall attach an explanation to this 3. TheContractor agrees by signing this Agreement that it shall not knowingly enter nto any lower tier covered transaction with a person who is debarred, suspendeddeclared ineligible, or voluntarily excluded from participation in this covered transaction. 4. The Contractor further agrees by signing this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Tnanoaotion." as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: E. LOWER TIER COVERED TRANSACTIONS The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is presently debarred, suopended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the lowetier contractor isunable to certify to ariy of the statements in this Agreement, such contractor shall attach an explanation to this Agreement. 4 of 17 City of Yakima 2/9/2011 Page 4 • • 5. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 6. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, wvhena, residential structures are involved. The Contractor shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 7. Historic and Archaeological ArchaeoogicaI Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800. RCW 27.44.010 (Native American Burial Law), RCW 27.53.010`000 (Protection of Archaeological Resources), and RCW 43.5175O -.82O (Preservation of Historic Properties). 8. Architectural BanieroAotof1SS8.pa amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. S. Accessibility Standard asset forth in82.251(a)C3. 10. Clean Air Acas amended, 42 USC Section 1857 et weq; Water Pollution Control Act, as 'amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 11. Section 3 of the Housing and Urban DevelopmentAct of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunit(es for project area businesses and low income persons). 12. Contract Hours and Safety Standards Act40 USC Sections 327- 333, (Overtime Compensation). 13. 27- 13. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW Chapter 3 — 12 (Prevailing Wage Rates). 14. Attachment 0 of the Office of management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74- 4. 15. 4- 15. The Uniform Relocation Assistance and Real Proisition Policies Act of 1970. as ammnded, and regulations contained in 24 CFR Parts 42 and 570. 16. Title VI of the Civil Rights Acof 1964 (P.L. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, and Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such tmansfer, prohibiting discrimination upon the basis of race, oo|or, re|igion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor, the County, and the United States are beneficiaries of and" entitled to enforce such covenant. The Contractor, in undertaking its obligation in carrying out the program assisted hmnmunder, agrees to take such measures as are necessary to enforce such covenant and wiI not itself so discriminate. 5 of 17 City of Yakima 2/9/2011 Page 5 17. Age Discrimination Act of 1975 (24 CFR 146). 18. Fair Housing Act (24CFR 1UU.CFR 1O7and 24CFR 1). 19. Washington State/Local Building Codes/Housing Quality Standards (24 CFR 882.109). 20. VVBE/MBE (24 CFR 85.36 (e)). 1. ENVIRONMENTAL REVIEW A. NEPA The City of' Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contractor to furnish data, information and assistance for the City's review and assessment in determining �whether the City must prepare an Environmental Impact Statement. B. SEPA The Contractor retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or the Contractor under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. IX NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer B. During the performance of this Agreement, Contractor shall not discriminate in violation ofany applicable 6edera�state and/or local |ap�orregulobononthe basis of race, color, sex, religion, national origin, creed, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other ciassiftcation protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, adverhsing, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. The Contractor specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086. and HUD Anti Discrimination Requipements, 24 CFR 570.801. 6 of 17 Cif}e of Yakima 2/9/2011 Page 6 X NON-DISCRIMINATION IN CLIENT SERVICES A. The Contractor agrees to make all services available through this contract (24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any fau|dies, financial aid, services or other benefits provided under this Contract; 2. Provide any qualified individual which are diffen»nt, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or o{henwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contractor shall abide by all provisions of of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assinment and/or subcontracting has been nuthorized, said assignment or subcontract shall include approiatesoNyQuandsaga(notdiwohminadnn'inclient services binding upon each Contractor or Subcontractor. The Contractor shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. Xl LICENSING AND PROGRAM STANDARDS The Contractor agrees to comply with all applicable Federal, State, City and Municipal standards for |ioeneing, certification and operation of facilities and proguama, and accreditation and licensing of indivkjua|o, and any other standards or criteria as described in the Contract to assure quality of services, XII MONITORING AND ACCESS TO RECORDS A. Contractor agrees that City may carry out monitoring and evaluation activities so as to ensure compliance Contractor with this Contractor oQneement, with the CDBG and/or HOME Compliance Dooumento, and with all other laws, regulations, and ordinances related to the performance hereof. Contractor agrees to provide City with any data determined by City to be necessary for its effective fulfillment of its monitoring and evaluation B. At any reasonable time and as often as City may deem . Contractor shall make all of its records available to City, HUD, the Comptroller General of the United StaAee, or any of their authorized /epnesentodvea, and shall permit City, HUD, the Comptroller General of the United Statea, or any of their authorized representatives to audit, examine, and make excerpts and/or copies of same. Contractor records shall )nc/ude, but shall not be limited to, the following: payro||, personnel and employment records; procurement bidding documents; contracts; sales closing statements; and invoices. C. The City shall have the right to review and audit all records of the Contractor pertaining to any payment by the City. Said records shall be maintained for a period of seven years after the completion of the pjoc1. D. The Contractor shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or c|ient, his/her attorney or his/her responsible parent or guardian or as otherwise provided by Iaw. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contractor shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contractor agrees to provide project line item draw requmats, annual verification of rent . annual' audited financial statement to compare income and expenoss, neconjo, documents and accounting procedures which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documonta, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BAR8^, as issued by the Office of State Auditor, State of Washington. The Contractor further agrees that the City of Yakima ONDS shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contractor shall retain all books, reoordn, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contractor agrees that the City of Yakima, the U.S. Department of Housing and urban Development, the Washington State Auditor, or their designeeo, shall have full access to and a right to exarnine any of said materials at all reasonable times during said period. B. The Contractor agrees that any contributions or payments made for services 8 of 17 City of Yakima 2/9/2011 Page 8 • • • XVI PROGRAM PROPERP( Any personal property having a useful Iife of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars (%300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A'102. The Contractor shall be responsible for all such prmpeMy, including its care and moinbanonoe, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of HOME funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the exiotence. current utilization, and continued need for the property. A controsystem shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any |oos, dommge, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contractor. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendableperoono|prnpedvpunohaawdbytheContraoharunderthebanno of this Contnaot, in which title is vested in the City of Yakima or Federal Government shall not be nonhed, kmned, or otherwise passed to any Peroon, pmdnerahip, cmrpooadon, association or organization without the prior express approval of the City of Yakima ONIDS. 7. Any nonexpendable personal property furnished to, or purchased by, the Contractor, title to which is vested in the City of Yakima ONDS or federal government shall, unless otherwise provided herein or approved by the Contracting Offiner, be used only for the performance of activities defined in this 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the Contractor agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima ONDS or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code -Secured Transactions" as codified in Article 9A of RCW Chapter 62A. 9 of 17 City of Yakima 2/9/2011 Page 9 S. The Contractor shall be responsible for any Ioss or damage to the property of the City of Yakima ONDS or federal government (including expenses entered thereunto) which results from neg|igence, willful miscnnduc±, or lack of good faith on the part of the Contractor to maintain and administer in accordance with sound management practices that pnnpertv, to ensure that the property will be -returned to the City of Yakima ONDS or federal government in like condition to that in which condition the property was acquired by purchoae, fair wear and tear accepted. XVII RELATIONSHIP OF THE PARTIES The parties intend that an independent relationship shall be created by this Contract. The City of Yakima ONDS is interested only in the results to be achieved, the implementation of services will lie solely with the Contractor. No agent, mmnp|oyee, or representatives of the Contractor shall be deemed to be an employee, agent, servant or representative of the City of Yakima for any purpoae, and the employees of the Contractor are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contractor shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servanhy. Suboontrmchors, or otherwise during the performance of this Contract. XVIII TAXES AND ASSESSMENTS Contractor shall be solely responsible for and shall pay all taxes, deductions, and ooseonments, including but not limited to, sales tax, federal income tax. FICA, social security tax, assessments for unemployment and industrial injury inauuunce, and other deductions from income which may be required by Iaw or assessed against either party as a result of this Contract. In the event the City is assessed ,a tax or assessment as a result of this Contraot. Contractor shall pay the same before it becomes due. XIX QUARTERLY REPORT The Contractor agrees to submit written quarterly reports outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima ONDS. INSURANCE A. NO INSURANCE It is understood that the City does not maintain liability insurance for the Contractor and/or its emp|oymes, agenbu, officers, and subcontractors. B. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Contract, the Contractor shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One Million Dollars ($1.000.000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of ''this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officim|s, oMioers, agents and employees as additional insuood, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any Ianguage in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initiated by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of 10 of 17 City of Yakima 2/9/2011 Page 10 Washington. C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE On or befothe date this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with minimum liability limit of One Million Dollars (61.0}0.000.00) combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. 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 (any statement in the certificate to the effect of this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected offioim|a, offioeno, mganta, and employees as additional innured/o, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A-V|| or higher in Best's Guide and admitted in the State of Washington. D. WORKERS' COMPENSATION The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of the contractor's workers' compensation coverage will be furnished to the City. The contractor holds the City harmless for any injury or death to the contractors employees while performing this Contract. E INSURANCE PROVIDED BY SUBCONTRACTORS The Contractor shall ensure that all subcontractors it utilizes for work/services rendered under this Contract shall comply with all of the above insurance requirements. XXI INDEMNIFICATION AND HOLD HARMLESS All services that are rendered or performed under this Contract shall be performed or rendered entirely to the Contractor's own risk and th� Contractor expressly agrees to dmfend, indemnify and hold harmless the City of Yakima and all of its offioers, agents, employees and elected officials from any and all liability, |oos, fines, penalties or dannage, including reasonable cost of defense, they may suffer as a result of o|aima, demanda, aotions, or damages to any and all persons or property, costs or judgments against the City of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by the Contractor under this Contract. Nothing in this section of the Contracshall be construed to create a liability or a rightof indemnification in any third party. XXII CONTRACT, TERMINATION AND CLOSE OUT 11of1r If the Contractor fails to comply with the terms and conditions of this Contract, the City of Yakima ONDS may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. City of Yakima 2/9/2011 Page 11 A. TERMINATION FOR CAUSE If the Contractor fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisionsofU,ka Contract are of such scope and nature that the City of Yakima ONDS deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contractor has failed to take satisfactory corrective action as directed by the City of Yakima ONDS or its authorized representative within the time specified by same; � The Contractor has failed within the time specified by the City of Yakima ONDS or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima ONDS may terminate this Contract in whole or in part, and thereupon shall notify the Contractor of the tennination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contractor. After this effective date, no charges incurred under any terminated portions are allowable. B. TERMINATIONS ON OTHER GROLINDS This Contract may also be terminated in whole or in part by mutual agreement of the parties, C. TERMINATION FOR VV|THDRAVVAL, REDUCTION OR LIMITATION OF FUNDING In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, notwithstanding any other termination provision of this Contract. If the level of funding so reduced or Iimited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this Contract in whole notwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the Contractor or its representative. The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed reduction in funding by Federal or other officials. The Contractor agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed. the funding level which would result if said proposed reduction became effective. This Contract may further be terminated by the City of Yakima upon written demand by the City of Yakima ONDS for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. 12 of 17 City of Yakima 2/9/2011 Page 12 D. CLOSEOUT In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contractor, the City of Yakima shall make or 'arrange for payment to the Contractor of allowable reimbursable costs not covered by previous payments. 2. The Contractor shall submit within thirty (30) days after the date of expiration of this Cmntnact, all financial, performance and other reports required by this Contnaot, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to closeout of this Contract, the City of Yakima ONDS retains the right to withhold a just and reasonable sum from the final payment to the Coritractor after fully considering the recommendation on disallowed costs resulting from the final audit. XXU| COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commiaaion, porownbage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima ONDS shall have the right, in the event of breach of this clause by the Contoaotor, to 'annul this Contract without liability or, in its diooreUon, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. XXIV CONFLICT OF INTEREST 13 of 17 The City may, by written notice to the Contractor: A. Terminate this Contract if it is 8ound, after due notice and heahng, by the City that gratuities in the form of anbartainment. gifts, or otherwise offered or given by the Contracbzr, or agent or representative of the Contnocbzr, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract, D. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided C. The Contractor warrants and covenants that it presently has no interest and shall not acquire any interest, directly or indirmoUy, which could conflict in any manner or degree with the performance of its services hereunder. The Contractor further warrants and covenants that in the performance of this contract, no person having such interest shall be employed. City of Yaktma 2/9/2011 Page 13 )0(V RIGHTS IN DATA The City of Yakima ONDS may duplicateuse and disclose in any manner and for a purposes whatsoever, and have others so do, all data delivered under this agreement. The Contractor hereby grants to the City of Yakima, a roym|h/-fres, non'exc|usivs, and irrevocable Iicense to publish, bono|aba, naprodums, de|iver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this Contract such license shaD be only to the extent that the Contractor has the right to grant such Iicense without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima C]NO8, at the time of delivery of data furnished under this ogroement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not Iicensed under this clause. The Contractor shall report to the City of Yakima ONO8, promptly and in written dwtoi|, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima ONDS shall have the right at any time to modifv, vomove, obliterate, or ignore such markings. XXVI RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD CDBG Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, includithe stateent of work/project description, approved HUD grant budged, in the order in which attached, (Exhibit B), 4. City of Yakima Resolution No. (Exhibit C), and 5. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXVII GOVERNING LAW This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpretation and performance. XXVIII VENUE The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. XXIX MODIFICATION 14p,1r Either party may request changes in this Contrect, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both partieo, except budget adjustments as specified in City of Yakima 2/9/2011 Page 14 Section IV of this Contract. SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of VVaohington, said provision which may conMiot, tharewith, and shall be deemed modified to conforrn to such statutory provision. XXXI PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time iod, and shall be reported to the City. lncorne is to be used to continue or benefit the program, as determined by the intent and purpose of the pject. XXXII RETURN {JFFUNDS The Contractor shall return to the City all monies provided hereunder by the City to the Contractor if any of the following occur: . The Contractor materially changes the primary purpose and scope of the Project as described on Exhibit 6" to the 2. Contract. The Contractor is unable to continue andlor provide services as described in 15 of 17 City ofYakima 2/9o011 Page 15 Exhibit "B" SOUTH CENTRAL WORKFORCE COUNCIL 2011 JOB FAIR A.) PROPOSAL SUMMARY/PROJECT ABSTRACT The South Central Workforce Council, in conjunction with WorkSource Yakima and the Yakima Chamber of Commerce will present Job Fair 2011 at the Yakima Convention Center. B.) ASSESSMENT OF NEED/PROBLEM STATEMENT The South Central Workforce Council is requesting reimbursement assistance in the amount of the actual cost of rental of the Yakima Convention Center for use as the location of the 2011 Job Fair, to the maximum amount of $5,000 C.) PROGRAM GOAL AND OBJECTIVES Create the opportunity for unemployed citizens to meet with potential employers to create substantial sustainable employment. D.) METHODOLOGY From the contract execution date to continue until the termination date at which it will expire at midnight, WorkSource will seek reimbursement for the rental cost of the Yakima Convention Center for the 2011 Job Fair. E.) OUTCOMES & EVALUATION As a condition of reimbursement, WorkSource will report on its outcomes as follows: • A written commitment from at least two business attending the Job Fair, which documents the creation of at least two permanent, full time jobs, listed by the job titles that will be filled by the Low to moderate income person's attending the Job Fair. And • At the time of hire, the family income of the person hired must be documented to verify the activity benefits a LMI person. Or • Alternately, if the job and business is located in a Census Tract and Block Group with a poverty rate of at least 20%. (Please provide address of business and poverty rate). Or • Alternately, if the person hired resides in a Census Tract with a 70% or higher LMI percentage. (Please provide address of person hired). F.) BUDGET WorkSource will be reimbursement for the actual rental cost of the Yakima Convention Center for the 2011 Job Fair, not to exceed $5,000 16 of 17 City of Yakima 2/9/2011 Page 16 • • (THIS PAGE LEFT BLANK INTENTIONALLY FOR "EXHIBIT C RESOLUTION") 17 of 17 City of Yakima 2/9/2011 Page 17 A.) B.) Exhibit "D" SERVICES PROVIDED South Central Workforce Council in co'uncUonwbhWork8ounoemfYakinnamndtho Yakima Chamber of Commerce will present the Job Fair 2010 at the Yakima Convention Center onApril 13.2O10. As a condition of reimbursement, WorkSource will report on its outcomes as follows: 1. The Contractor shall provide written confirmation from an identified employer that at Ieast two (2) Low /Moderate income em/p|oyoon, residing within the City limits of Yakima, were hired in direct relation with the South Central Workforce Council's ^ April 13.2D1DJob Foi�. 2. Workforce Development Council will supply the number of job offers made and accepted at the Fair and as well as the number ofjob offers made and accepted as a result of the Fair within 60 days after the Fair. 18 of 17 City ufYoxfma 2/9o011 Page 18 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of February 15, 2011 Consideration of a Resolution authorizing the City Manager to execute a contract, in the amount of $5,000 of CDBG funding, with the South Central Workforce Development Council for reimbursement of costs related to "Job Fair 2011". SUBMITTED BY: Joan Davenport, Acting CED Director (576-6417) CONTACT PERSON/TELEPHONE: Archie M. Matthews, Neighborhood Development Services Manager (575-6101) SUMMARY EXPLANATION: This year, as well as in previous years, a variety of community partners are producing a Yakima area Job Fair. Partners, contributors, and participants include a large spectrum of businesses in our area. In each of the proceeding years, the Job Fair has resulted in "on the spot" hiring of job seekers. Additional jobs continue to be filled as a direct result of the Fair; sometimes months after the event. Use of the Community Development Block Grant (CDBG) funds for Economic Development is an eligible activity under the Federal Regulations governing the use of these funds. Funds for such activities were set-aside in the annual budgeting process. This year the City is asked to invest $5,000 from CDBG funds to reimburse the South Central Workforce Council for the rental of the Convention Center to hold the Yakima Job Fair. This proposal was discussed at the meeting of the City Council's Neighborhood Development Committee on February 2, 2011. The committee recommended that this proposal be forwarded to the full Council for approval. Approval of this resolution will authorize and direct the City Manager to execute a contract with the South Central Workforce Council. The contract will include a project description and a work plan with identification of funding sources. Resolution X Ordinance_ Contract X Other (Specify) Funding Source 2011 CDBG funds APPROVED FOR SUBMITTAL: .1 Jilt tr Acting City Manager STAFF RECOMMENDATION: Staff recommends approval. BOARD/COMMISSION RECOMMENDATION: Recommended for full Council consideration by the Council's Neighborhood Development Committee. COUNCIL ACTION: •