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Home My WebLink AboutR-2008-132 AmeriCorps GrantRESOLUTION NO. R-2008-132 A RESOLUTION authorizing and ratifying the City Manager's execution of a Grant Agreement Between State of Washington Employment Security Department and Yakima Parks and Recreation accepting the terms and conditions of a team -based AmeriCorps Project for youth. 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 the Washington State Employment Security Department, to implement an AmeriCorps team to provide supervised recreational activities and programs for youth at risk; and WHEREAS, the City of Yakima has completed the first two years of this three-year grant; and WHEREAS, the City desires to create vibrant caring neighborhoods by increasing valuable results -oriented community service programs including supervised recreational activities and programs for youth at risk; and WHEREAS, the City does not have the staffing levels or specialized expertise necessary to provide such activities and programs; and WHEREAS, the City desires to strengthen and sustain the local company by fostering the ethic of good citizenship through volunteer service opportunities and civic involvement and through private non-profit partnerships and local government, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY YAKIMA: The attached and incorporated Grant Agreement Between State of Washington Employment Security Department and Yakima Parks and Recreation executed by the City Manager is hereby approved and ratified accepting the terms and conditions of a team -based AmeriCorps Project for youth. ADOPTED BY THE CITY COUNCIL this 19th day of August, 2008. ATTEST: City Clerk RES NO. R-2008-132 AmeriCorps grant.doc/nn avid Edler, Mayor ESD Grant No. K507 AmeriCorps CFDA No. 94.006 Master Index No. 45301515 Grant Amount $72,500 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 1211 S 7th St, Yakima, WA 98901. The Grantee staff member responsible for management of this Grant Agreement is: Name: Denise Nichols Title: Director Telephone Number: 509-575-6114 FAX Number: 509-575-6238 E-mail Address: Dnichols@ci.yakima.wa.us The ESD Program Manager responsible for the management of this Grant Agreement is: Name: Terri Barbee Title: 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, 2008 and approved by ESD. ESD Grant No. K507 AmeriCorps CFDA No. 94.006 Master Index No. 45301515 Grant Amount $72,500 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 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 performance of this Grant Agreement shall commence on September 1, 2008 or date of Execution, which ever is later and be completed on August 31, 2009 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 $72,500. Compensation for services shall be in accordance with the Budget and Narrative, 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, 2009. 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. K507 AmeriCorps CFDA No. 94.006 Master Index No. 45301515 Grant Amount $72,500 Each invoice will clearly indicate that it is "FOR SERVICES RENDERED 1N PERFORMANCE UNDER ESD GRANT AGREEMENT NUMBER K507. 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; 3) The WSC special Terms and Conditions attached hereto as Exhibit A and incorporated herein; 4) AmeriCorps Provisions, see web address: http://www.americorps.gov/for_organizations/manage/index.asp and incorporated herein; 5) The General Terms and Conditions attached hereto as Exhibit B and incorporated herein; 6) The Grantee's Performance Measures when completed and accepted by ESD is incorporated herein; and 7) 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 ESD Grant No. K507 AmeriCorps CFDA No. 94.006 Master Index No. 45301515 Grant Amount $72,500 authorized by law. The misuse or unauthorized release of private and confidential 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 professional services 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: Nancy Pringle Title: �� Title: Assistant Commisioner E & T Signatures . Signature: / v f� 11 Date: h) Date: g— I e - a e By: DIAL z►� Washington State UBI Number: 397-019-232 Federal Employer ID Number: 91-6001293 Attachments: Exhibit "A" WSC Special Conditions Exhibit "B" General Terms and Conditions Exhibit "C" Lobying Certification Exhibit "D" Debarment and Suspension Certification Exhibit "E" Budget and Narrative Exhibit "F" Travel Reimbursement EXHIBIT "A" Washington Service Corps Special Conditions Program Year 2008-2009 Washington Service Corps Program Expectations & Supervisor Roles and Responsibilities I. BUDGET A. Project supervisors are expected to have a basic knowledge of project site budget and related requirements, including: • Timelines for submission of billings/in-kind • Review and monitoring of expenditures and in-kind requirements • Liaison with sponsor organization financial personnel around monitoring requirements • Submission of timely budget modification(s), when appropriate • Appropriate, allowable, and reasonable use of funds B. Cash Match Payment Information: The conditions of this contract require the sponsor agency to contribute $3,500 per full-time national service member awarded to the sponsor agency. Full payment of this amount is due by December 31, 2008 Checks for cash match must be payable to the Employment Security Department and sent to the following address: Washington Service Corps Employment Security Department P.O. Box 9046 Olympia, Washington 98507-9046 Match will be refunded by April 15, 2009, 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. C. 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 monthly. A Request for Reimbursement will not be approved for payment in the absence of a corresponding In-kind Match Invoice. 1. 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; 7/29/2008 EXHIBIT "A" • The source accounting report generated from the subcontractors accounting system, documenting expenditures for the current period. 2. 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). 3. Final Invoices: Final invoices for the contract period are due no later than September 15, 2009. D. Contract Modifications: Prior written approval is required for significant program, budgetary or organizational changes. Examples are included below: • Changes in scope or goals of the project • The extended absence of the project supervisor or any other key designated official • The appointment of a new project supervisor and/or project supervisor • Changes in the start and end date of a grant • 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 timely 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, 2009. E. Meals, Coffee and Light Refreshments: The project supervisor 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 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: 1. Coffee and Light Refreshments must be an integral part of the meeting. The project supervisor must document the expenditures for coffee and/or light refreshments. The documentation must provide support for the expenditure, 2 7/29/2008 EXHIBIT "A" including the meeting purpose, agenda and names of the persons attending the meeting. 2. Working Lunch: A working lunch as an integral part of a meeting agenda is an allowable cost,when, as stated above, itis 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. 3. Graduation Ceremonies: In recognition of members completing their term of service, a graduation ceremony at the end of the program year is considered an allowableactivity. 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 supervisor must document the expenditures for a graduation ceremony. The documentation should provide support for theexpenditure, including a ceremony agenda and list of attendees. F. 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 supervisor 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. 3 7/29/2008 EXHIBIT "A" II. MEMBER MANAGEMENT includes, but is not limited to: • Recruiting and retaining a full team of qualified members committed to serving a full term of full-time service by September 1, 2008 or approved start date; (Recruitment Expectation: 100%Retention Expectation: Not less than 90%); • Provide orientation, guidance, training, coaching and opportunities, while holding members accountable to ensure member and program success; • Ensure members of the WSC wear national service identity items whenever they are engaged in national service -sponsored activities or official business. As community leaders and role models, members are to be well-groomed and maintain a positive public image of the WSC and AmeriCorps. Supervisors will ensure that members are issued service gear and dress appropriately for each day's tasks, as determined by the project supervisor; • Appropriate position description and service parameters are defined and understood by member; • Conducting member performance evaluations twice per year; • Communication with WSC as potential member issues occur; • Appropriate corrective action taken in a fair and timely manner;" • Ensure member attendance and participation at SERVES; • Ensure members participate in the planning and coordination of statewide national service events. Members are expected to participate in the Martin Luther King, Jr: Day of Service and AmeriCorps Week and are encouraged to participate in such activities as the Launch, Make a Difference Day, and National Volunteer Week. The project supervisor should support and encourage member involvement in the Northwest Leader Corps and the Northwest Symposium. Ill. PROGRAM MANAGEMENT A. Submission of National Service Forms: To ensure the WSC is in compliance with Corporation for National Service regulations, the following due dates have been established. 1. 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 all documentation. Missing or incomplete documents delay enrollments until the next window and candidates will not be paid any living allowance or be credited with service hours for any service completed before the official enrollment date. 2. 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. 3. Change of Status: All formal requests to change an AmeriCorps member's status (i.e., administrative hold, transfer to or from another AmeriCorps program) must include a written request from the project supervisor with a full explanation for this request. All requests will be 4 7/29/2008 EXHIBIT "A" reviewed by the WSC and forwarded to the Washington State Commission for National and Community Service, as needed, for approval. B. Reports 1. Each site must submit its Evaluation Plan and Team Training Plan to WSC no later than September 1, 2008. Copies of all evaluation tools and instruments must be provided to Washington Service Corps before the evaluation plan will be approved. 2. Each site must submit its Member Placement Report form to WSC no later than September 29, 2008. 3. Each site is required to complete semi-annual progress reports. Reports are due in March, 2009, and September, 2009. Sites will be notified of official dates later in the program year. Early submission of progress reports is strongly encouraged. 4. Each site must submit member pay Exception Reports and service hour Team Time Reports per the schedule provided at the beginning of the service term; 5. Each site must submit the Monthly Report concerning volunteer and volunteer hour counts; legislative visits and media outreach activities, as well as monthly status of Civic Engagement activities; in a timely manner; 6. Each site is responsible for preparation and participation in the annual monitoring visits and appropriate response, if applicable. C. Member Placement Sites 1. Project Supervisor must develop and foster appropriate relationships. with member placement sites, as applicable; 2. Project Supervisor must ensure placement sites understand responsibilities and prohibitions, including timely communications when potential member • issues occur. D. Performance Measures 1. Project Supervisor must ensure appropriate site-specific performance measures are defined and tracking systems for back-up (evaluation plans) in place; 2. Project Supervisor must ensure appropriate member training plans are developed and followed. E. Legislative Outreach and Media: 1. WSC projects must sponsor at least one legislative visit and one media event coverage during the program year; IV. OTHER A. Out of State Travel Authorization: Out of state travel for project staff and/or members charging to the grant must be approved by the WSC prior to any travel - related expenses being incurred. Documentation must contain the purpose of the 5 7/29/2008 EXHIBIT "A" 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 to be authorized at the project level. B. Supervisor attendance is required at the following events: • SERVES - In the event the project supervisor 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 supervisor at these meetings. • WSC Project Supervisor Meeting • NW Network (optional, but highly encouraged) • Other National Service trainings, such as State Commission sponsored training C. National Service Identity: In addition to ensuring members are identified as part of the AmeriCorps national service network, each project and all member host sites must have signage designating them as an AmeriCorps site sponsor. It is recommended that programs have AmeriCorps banners or sandwich boards to increase visibility for special projects or program -sponsored events. D. All project supervisors 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. 6 7/29/2008 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 FEES AND COSTS 6 G. CHANGES AND MODIFICATIONS 6 H. COMMENCEMENT OF CONTRACT WORK 6 I. CONFLICT OF INTEREST 7 J. CONFORMANCE 7 K. CONTRACTOR REGISTRATION 7 L. COPYRIGHT PROVISIONS 7 M. COVENANT AGAINST CONTINGENT FEES 8 N. DEBARMENT AND SUSPENSION 8 O. DISALLOWED COSTS 8 P. DISPUTES 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 11 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 RETENTION 14 FF. SAFEGUARDING OF CLIENT INFORMATION 14 GG. SALARY AND BONUS LIMITATIONS (NOT APPLICABLE TO VENDORS) 15 HH. SEVERABILITY 15 II. SINGLE AUDIT ACT REQUIREMENTS 15 JJ. SITE SECURITY 16 KK. SMALL, MINORITY, AND WOMEN -OWNED BUSINESS ENTERPRISES 16 LL. SUBCONTRACTING 16 MM. TAXES 16 Approved as to form by AGO November 2006 1 of 21 NN. TERMINATION, SUSPENSION AND REMEDIES 17 00. TERMINATION PROCEDURE 18 PP. TREATMENT OF ASSETS 19 QQ. USE OF NAME PROHIBITED 19 RR. WAIVER 20 SS. ENERGY POLICY AND CONSERVATION ACT 20 TT. CLEAN AIR ACT 20 UU. DAVIS-BACON ACT 20 W. COPELAND ANTI -KICKBACK ACT 20 EQUAL OPPORTUNITY IS THE LAW 21 2 of 21 GENERAL TERMS AND CONDITIONS PART I - DEFINITIONS As used throughout this Contract, the following terms 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 ENTERPRISE," "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. 3 of 21 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 The Office of the State Auditor, federal auditors, the Comptroller General of the United States, and any persons duly authorized 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. In 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 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. 4of21 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 applicantalso 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. 5of21 F. ATTORNEY FEES AND COSTS If any litigation is brought to enforce this Contract or any litigation arises out of any contract term, clause or provision, each party shall be responsible for its own expenses, costs and 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 revisions must not result in the need for additional funding. 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. 6of21 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 determination 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 Depaitinent 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 7 of21 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 not produced under this Contract, Contractor hereby grants to the Agency a 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 performance 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. 8of21 P. DISPUTES Q. 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 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. 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: 9 of21 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 ensuring that any 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/ies 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 insurance policy/policies. All policies shall be primary to any other valid and collectable insurance. Contractor shall instruct the insurers to give Agency thirty (30) days' advance 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. 10 of21 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 is 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&I), Division of Insurance Services. This provision does not waive any of L&I's right to collect from the Contractor. W. LICENSING AND ACCREDITATION 11 of21 The Contractor shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements/standards, necessary for the performance of this Contract. 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 shall also make available upon request required disclosure information if the Contractor participates inlobbying 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. 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 12 of 21 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 CFR, 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." In the event that one of the parties hereto refuses to comply with the above provision, the TERMINATION, SUSPENSION AND REMEDIES clause (Section NN) may be utilized. 13 of 21 BB. PATENT RIGHTS 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 Information 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 performed 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 performance of this Contract, including participant data for a period of three (3) years after final payment under this Contract if WIA 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 WIA 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 is prohibited except by written consent of the recipient or client, his/her attorney or his/her legally authorized representative. 14of21 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. SALARY AND BONUS LIMITATIONS (NOT APPLICABLE TO VENDORS) In compliance with Public Law 109-234, none of the funds appropriated in Public Law 109-149 or prior Acts under the heading `Employment and Training' that are available for expenditure on or after June 15, 2006, shall be used by a recipient or sub -recipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II, except as provided for under section 101 of Public Law 109-149. This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A-133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from sub -recipients of such funds, taking into account factors including the relative cost -of -living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including Employment and Training Administration programs. See Training and Employment Guidance Letter number 5-06 for further clarification. The incurrence of costs and receiving reimbursement for these costs under this award certifies that your organization has read the above special condition and is in compliance. HH. 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. II. 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 Comptroller General of the United States, 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 sub -recipients. The Contractor shall comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation. 15of21 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. _ JJ. 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. KK. 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. LL. SUBCONTRACTING The Contractor shall not subcontract work or services contemplated under this Contract and/or use an outside consultant except as provided for in the Statement of Work without 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. MM. 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. NN. TERMINATION, SUSPENSION AND REMEDIES 1. Termination or Suspension for Cause 16of21 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 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 shallbe liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 00. TERMINATION PROCEDURE 17of21 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 bea 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. 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 Contractor shall: 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; 3. 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 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 18 of21 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. PP. 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. 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. QQ. 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. RR. 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 19 of21 this Contract unless stated to be such in writing signed by authorized representative of the Agency. SS. ENERGY POLICY AND CONSERVATION ACT The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871). TT. CLEAN AIR ACT The Contractor shall comply with all applicable standards. Orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). UU. DAVIS-BACON ACT The Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by Grantees and sub -grantees when required by Federal grant program legislation. VV. COPELAND ANTI -KICKBACK ACT The Contractor shall comply with the Copeland Anti -Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair). 20 of 21 STATE OF WASHINGTON EMPLOYMENT SECURITY DEPARTMENT PO Box 9046 Olympia, WA 98507-9046 EQUAL OPPORTUNITY IS THE LAW 29 CFR Part 37.30 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 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 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 in, 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. 21 of 21 Exhibit C 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 less than $10,000 and not more than $100,000 for each such failure. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE G.a1\•N APPLICANT ORGANIZATION `Ak (1'44- P, K.s !) 2E -:C e;6.-nc-)x1 DATE Sl118MITTED B//06%. Exhibit D 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 M APPLICANT ORGANI ON t/AV--1 M PAP -rte A RSGQEd1-1 o kq. DATE SUBMITTED e /6 /de reasfor; usepn, Project Budget Form Program: Washington Service Corps Project Name: Yakima Parks and Recreation Program Year: 2008-2009 Section I. Program Operating Costs A. Personnel Expenses B. Personnel Fringe Benefits C1. Staff Travel C2. Member Travel Da Equipment E. Supplies F? ontractua(anc G1. Staff Training G2. Member Training H.Evaftati w, I. Other Program Operating Costs nsuttan' Section I Total Sect on'4l wNiernber'C®st Exhibit E Total CNCS Share Grantee Share $ 62,920.00 $ 48,360.00 $ 14,560.00 $ 11,830.00 $ 11,830.00 $ $ . 1,821.00 $ 1,521.00 $ 300.00 $ 5,046.00 $ 5,046.00 $ Subtotal $ 81,617.00 $ 66,757.00 $ 14,860.00 $ 22,300.00 $ 1,054.00 - $ 1,500.00 $ 19,167.00 Subtotal $ 44,021.00 2,300.00 20,000.00 $ 1,054.00 500.00 $ 1,000.00 s1_':*z�.FUR 2,943.00 $ 16,224.00 $ 5,743.00 $ 38,278.00 $ 125,638.00 $ 72,500.00 $ 53,138.00 Budget Totals Funding Percentages $ • 125,638.00 $ 72,500.00 $ 53,138.00 100% 58% 42% teas ;; r 4VSC 1471941 Budget Narrative Program: Washington Service Corps Project Name: Yakima Parks and Recreation Program Year: 2008-2009 Section I. Program Operating Costs A. Personnel Expenses Position/Title, % of time, Annual Salary CNCS Share Grantee Share Total Amount Position 1: Project Manager by contract 16 hrs/wk x 52 weeks = 832/hrs @ $35/hr $ 14,560.00 $ 14,560.00 $ 29,120.00 Position 2: Recreation Coordinator (Project Supervisor) 100% = 2080 hrs x $16.25/hr $ 33,800.00 $ 33,800.00 CATEGORY Totals I $ 48,360.00 $ 14, 560.00 $ 62,920.00 B. Personnel Fringe Benefits Purpose, Calculation, #of Employees, Total CNCS Share Grantee Share Total Amount Position 2: Recreation Coordinator benefits @ 35% of base salary $ 11,830.00 $ 11,830.00 CATEGORY Totals I $ 11,830.00 $ 11,830.00 C1. Staff Travel Purpose of travel, calculation CNCS Share Grantee Share Total Amount Mileage reimbursement for staff travel to program sites, 10 miles/day x 5 days/wk x 52 wks = 2600 miles/yr x 58.5 cents/mile (IRS rate). Out of area meals & lodging @ $100/day x 3 days/yr. $ 1,521.00 300.00 $ 1,521.00 300.00 CATEGORY Totals I $ 1,521.00 $ 300.00 $ 1,821.00 C2. Member Travel Purpose of travel, calculation CNCS Share Grantee Share I Total Amount Mileage reimbursement @ $.585/mile for member travel beyond assigned service sites. (Based on average of 575 miles/month x $.585 x 15 members.) $ 5,046.00 $ 5,046.00 CATEGORY Totals $ 5,046.00 $ $ 5,046.00 qu pncen alteniiPuirpas& K,_ TE0,00 7'i ti E. Supplies Item - Calculation CNCS Share Grantee Share Total Amount Service Gear (uniforms) $35 ea x 15 members Program Supplies -printing, paper, toner, snacks, play 525.00 $ 525.00 equipment, crafts, etc Volunteer Recognition Supplies Graduation $25 x 15 members = $375 $ 1,000.00 $ 20,000.00 $ 21,000.00 $ 400.00 $ 400.00 $ 375.00 $ 375.00 CATEGORY Totals $ 2,300.00 I $ 20,000.00 $ 22,300.00 Ccintr ilial ar onsgRan eirtcea; ;Purpose=' alcu(afion>D'ail treINGS01-e Oiarjtee:tfig a Tol ountxt;•v> =G'O Alt G1. Staff Trainin g Purpose - Calculation - Daily Rate CNCS Share Grantee Share Total Amount Staff Training Provided by agency (in-kind) Supervisor @ $42.16 hr (includes benefits) x 25 hrs/yr $ 1,054.00 $ 1,054.00 CATEGORY Totals $ 1,054.00 $ 1,054.00 G2. Member Trainin g Purpose - Calculation - Daily Rate CNCS Share Grantee Share Total Amount Training, professional staff & supplies $ 500.00 $ 1,000.00 $ 1,500.00 CATEGORY Totals $ 500.00 $ 1,000.00 I $ 1,500.00 '.Evaluation; rLCacil6tinT .. t i• CSSiarYs, 5 �Gtariater`eiSYtiaeT,.^-e rt u $ 53,138.00 $ 125,638.00 ^ a �".. ,r�?"tzmY'4ffY' �s'Er:.: J,. ,Ii - r;1. „.rte .`.'.'i ;`+'/cF.i' �9`,¢`: ... .}>��,v-'{._-�'..-�:';k�._. ",: �.t:.: m �r •:�=�^H':-'r I. Other Program Operating Costs Purpose - Calculation CNCS Share Grantee Share Total Amount Office Space- 5 offices @ Southeast Community Center $1200 mo.( Project Supervisor, Project Lead, NC Phones: 4 lines @ $38/mo x 12 mo. Cell Phone: Supervisor Background checks $40 x 15 = 600 Recruitment costs $2000 (paid ads, flyers, job fairs) $ 14,400.00 $ 14,400.00 $ 1,824.00 $ 1,824.00 $ 343.00 $ 343.00 $ 600.00 $ 600.00 $ 2,000.00 $ 2,000.00 CATEGORY Totals $ 2,943.00 $ 16,224.00 $ 19,167.00 SECTION I Totals $ 72,500.00 $ 53,138.00 $ 125,638.00 c ton: ernDer:iU „PA t Iowance Total #of:M;emberFTE~s,,,, ; rw :t-;... - -! ,. `xr=' fir,'° > r; CNCS Share Grantee Share Total Amount Full Time (1700 hrs): �d :.rq:,e M ,�9i50 ;' �-yz,.> ,. y,: .,��, :=`i.�EVx` :�u;� .?�a"-v,:; ::;n ; w.: � ..¢, y:' ,x�t..;.,,. ^'./:� Half Time (900 hrs): �".. ,r�?"tzmY'4ffY' �s'Er:.: J,. ,Ii - r;1. „.rte .`.'.'i ;`+'/cF.i' �9`,¢`: ... .}>��,v-'{._-�'..-�:';k�._. ",: �.t:.: ;K,F : b P:�Y'i� 'r'k�L.�..1 ;��,<,��r ,..: .y;.. C.r,a „?..':;s;�,'?;i'i,:i:o _%;i:b 'l'_ f' _,Y^z 2�;,.;�,•�-..,a�a='vb..;.,� „gay �` ::i;F �.` .-.}FLir'".s. �..x;'.�a.�.z[ Full Time Leader(1700 hrs) x!A&^ye 'y??c ,,;w;�:.«;=°�QSU ; 1 �„;� ? ,x"�=. fr” :15.. ��+:.,^d.. ,_ -„�;".. -'� x;a?WrTa�^,� fz .,Fs,.it..,.,>}.��(y-1';r:XSti�i.�`.. ;� ,��;_�• ��y �`°" �-xi::. H..%'sL'. A.i, ��M�:m. %='':i .:<t^,' c : ,.: '..:•.!.a'.,Y^%°: aL. -;_;:•.r.. . .; ' . '; `i'>%S;" j`.;..: `,� '�GATEGORYt'i'ot`2ils � � � ,.$'r'<`1=yw>.(�h;<.e,_3x 4iyy+�: m.,F;.' �-c. ;�.;:. v.;?;a:;:y5, G b•;,:.;+; ? 3, a ;a :,.,r-' u - .,,.�.ge.r- :tj..twemoer=nsu rt�Cots:=��:= <<F>;�-°;.+� �,.� � `F '{�:. >s>�__�„ .PK>"• .w „f�"-f., .,R ..�:�E,Sy ra..4,, z.,�.�'jT:�tiY^ =� �a3;� :'a�h �.au�w: ., ��:.,.. iGisr<.»...,t-"s��".+:. ._.'iif�•Y:.. '�=�i' ,r; °. ,.Fz;.AZ,q; iz�-'v' _.s tea+. :�1�a: �� 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 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 be 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). 5. 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. • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I' For Meeting of: August 19, 2008 ITEM TITLE: Consideration of a Resolution authorizing and ratifying the City Manager's execution of 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 CONTACT PERSON/TELEPHONE: Chris Waarvick, 575-6005 SUMMARY EXPLANATION: Yakima Parks and Recreation was awarded a grant from the State of Washington to operate a team -based AmeriCorps project. The grant provided for a 15 -member team to operate after-school enrichment activities, youth recreation and tutorial programs and community services. Programs have been housed at the Southeast Community Center, Hoover Elementary, and Garfield Elementary Schools. Initially the grant was awarded for the 2006-07 school year; however, the approval was for a three-year project, renewable yearly. The attached grant agreement is for $72,500 for 2008-2009 and is included in the current budget. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing and ratifying the City Manager's execution of a Grant Agreement Between State of Washington Employment Security Department and Yakima Parks and Recreation accepting the terms and conditions of a team -based AmeriCorps Project for youth. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Parks and Recreation Commission reviewed the original project and recommends thatthe City Council adopt the Resolution.. COUNCIL ACTION: