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05/18/2021 04M Resolution authorizing an Agreement with People For People for $235,000.00 of CDBG funding for its Meals on Wheels senior meal and nutrition program to address the consequences of COVID-19BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 4.M. For Meeting of: May 18, 2021 ITEM TITLE: Resolution authorizing an Agreement with People For People for $235,000.00 of CDBG funding for its Meals on Wheels senior meal and nutrition program to address the consequences of COVID-19 SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: This Agreement sets forth the terms and conditions for People For People to receive CDBG money that was specifically allocated to the City under the CARES Act and must be used for responses to the COVI D-1 9 pandemic. The Council previously approved the funding for the program and this Agreement formalizes the program and the expectations. The Agreement provides for reimbursement of qualifying expenses from the date of contract through December 31,2021. I 111111:CT4 1:111110:11114 STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER Adopt resolution ATTACHMENTS: Description Upload Date Type D Resolution - People for People - CBGD - Meals on 5/6/2021 Resolution Wheels D Cc)ntract - People for People 5/6/2021 Contract RESOLUTION NO. R-2021- A RESOLUTION authorizing an agreement with People For People (PFP) in the amount not to exceed Two Hundred Thirty -Five Thousand Dollars ($235,000.00) in Community Development Block Grant funds to provide grants to micro -enterprises affected by COVID-19 WHEREAS, PFP is a non-profit service provider that provides, in part, meals for senior citizens in the City of Yakima; and WHEREAS, the Yakima City Council received additional Community Development Block Grant funds in the CARES Act to help address losses associated with COVID-19; and WHEREAS, PFP has experienced a quantifiable increase in the levels of food insecurity and need for its Meals on Wheels program for senior citizens in Yakima since the beginning of the COVID-19 outbreak; and WHEREAS, the City is a recipient and is responsible for the administration of its annual allocation of Community Development Block Grant (CDBG) funds made available through the United States Department of Housing and Urban Development (HUD) and authorized by Title I of the Housing and Community development Act of 1974, as amended; and WHEREAS, this activity is part of the City's Annual Action Plan; and WHEREAS, the provision of granting funds to address food insecurity and nutrition for senior citizens meets CDBG guidelines and will provide substantial appropriate public and economic benefits to the City; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to use $235,000.00 of its CDBG money allocated specifically through the CARES Act to address COVID-19 issues, to fund the increased need of the Meals on Wheels senior meal program in the City of Yakima provided by PFP, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a grant agreement with People For People (PFP), in the amount of Two Hundred Thirty -Five Thousand dollars ($235,000.00) in Community Development Block Grant funds to provide funding for its Meals on Wheels senior citizen nutrition program for which there has been increased need due to the COVID-19 pandemic, within the City of Yakima. A copy of the grant agreement is attached hereto. ADOPTED BY THE CITY COUNCIL this 18th day of May, 2021. Patricia Byers, Mayor ATTEST: Sonya Claar Tee, City Clerk Z"4DBG RECIPIENT AGREEMEN-1 BETWEEN THE CITY OF YAKIMA AND PEOPLE FOR PEOPLE THIS AGREEMENT is entered into this day of , 2021, by and between the City of Yakima (hereinafter referred to as the "Grantee") and People For People, non-profit organization operating in the City of Yakima (hereinafter referred to as the "Recipient"). I CFR Part 570; and WHEREAS, the Washington State Legislature has declared in RCW 35.21.735 that carrying out the purposes of federal grants or programs is both a public purpose and an appropriate function for a city; and the City desires to contract with the Recipient for the services described within this Agreement, for eligible activities under the Act and HUD regulations; and WHEREAS, the Grantee has received Community Development Block Grant (CDBG) funds to be used for COVID-1 9 to address effects arising from the pandemic, including food insecurity (hereinafter sometimes referred to as "CDBG-CV"); and WHEREAS, Recipient has experienced a quantifiable increase in the levels of food insecurity and need for its Meals on Wheels service for senior citizens in Yakima since the beginning of the COVID-19 outbreak; and WHEREAS, the Grantee wishes to use those funds to provide meals to senior citizens within the City of Yakima; and WHEREAS, the Recipient has agreed to provide meals to senior citizens within the City of Yakima; and WHEREAS, the Grantee wishes to engage the Recipient to assist the Grantee in utilizing such funds; ! 0. A. Activities The Recipient will be responsible for administering CDBG funding granted to the Grantee to address effects arising from the COVID-1 9 pandemic in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the CDBG-CV program: 22MEZI= Activity: Recipient will use CDBG-CV funding to provide approximately 29,000 nutritious meals to seniors aged 55 and older that live within the City limits of Yakima during the contract period. Additional scope of work information is attached as Exhibit I" hereto and fully incorporated herein. The Recipient will maintain program and financial records documenting eligibility, provisions of services, grants allocated, micro -enterprise information, advertising and marketing, application review, and decision -making. B. National Objectives All activities funded with CDBG-CV funds must meet one of the program's National Objectives. Funding pursuant to this Agreement shall be for public services, CDBG Activity 570.201 (e), specifically to provide food and meals to senior citizens (55+) within the City of Yakima. The Recipient will provide all documented data collected to Grantee through monthly reports and a final report which will provide all data, including, but not limited to, data on the number of senior citizens served and reimbursement amounts. Additional information may be requested by Grantee and any such information shall be provided by Recipient. C. Levels of Accomplishment —Goals and Performance Measures i. Recipient shall provide food and meals to senior citizens in the City of Yakima who meet HUD qualifications during the term of this Agreement. HUD qualifications are that the senior citizen is aged 55 or higher and that they reside in the City of Yakima. ii. Recipient shall document number of senior citizens served throughout the program funding and provide data to Grantee upon request but no less often than quarterly. am= Recipient shall provide adequate staffing to administer the grant program. Grantee will provide technical assistance when requested. Madelyn Carlson of People For People shall be the primary staff person and key personnel for purposes of this Agreement. Any changes in key personnel assigned or their general responsibilities under this Agreement are subject to the prior approval of the Grantee. E. Performance Monitoring The Grantee will monitor the performance of the Recipient against goals and performance standards required herein. Substandard performance as determined by OWN 11NOWN-10" "10116 0 11,111M WWI 11JUIlly 1`11011.1111MU I or ter1flinaTion will be initiated. Services of the Recipient shall start on the effective date of this Agreement and end on the 31 It day of December, 2021. Funds will not be available to the Recipient from the CDBG-CV program after the completion date, unless otherwise approved by Grantee. 3. BUDGET Funding in an amount not to exceed Two Hundred Thirty -Five Thousand and 00/1 00ths dollars ($235,000.00) will be reimbursed for items related to the Scope of Service. All funds shall be disbursed as part of the program. 4. PAYMENT A. It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Two Hundred Thirty -Five Thousand and 00/1 00ths dollars ($235,000.00). Drawdowns for the payment of eligible expenses shall be made against the budget specified above and in accordance with performance. Expenses for general administration are allowed within reason. Im b-1 101 1601111� M- M11 all 0311111160'M 6-16TO)""V4111 2CLIal ekPer1UlLi1.re D themselves. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all of the following and any other conditions contained in this Agreement. L Receipt by the Grantee of a written reimbursement request on forms provided by the Grantee supported by copies of vouchers, invoices, billings, or other acceptable documentation; and ii, Determination by the Grantee that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the CDBG-CV program providing funding for this Agreement that fall within the project budget. 1 11111111 1 1 � !!J 11�111 !!i !ll 11.11 illi!!il Nil 1111 11111 !illi!!il 1 111111 1 I I '11FIG1111.1-1 - 6 A. The Recipient agrees tomake all services available through this Agreement and shall not. on the grounds of race, oo|or, oex, religion, national mhQin, creed, or marital �L Deny gqualified individual any facilities, financial aid, services orother benefits provided under this Agreement. ii Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Agreement' separate treatment inany manner related tothe receipt of any service(s)orother benefits provided under this Agreement. iii. Deny any qualified individual an opportunity to participate in any program provided by this Agreement through the provision of service(s) or otherwise, or will afford the individual an opportunity to do so which is different from that afforded others under this Agreement. B. The Recipient shall abide bvall provisions ofSection 5O4Vfthe HEW Rehabilitation Act mf1Q73prohibiting discrimination against handicapped individuals either through purpose orintent. C. If assignment and/or subcontracting has been authorized, said assinnlentov subcontract shall include appropriate safeguards against discrimination in client services binding upon each Contractor mrSubcontractor. The Recipient shall take such action as may be required to ensure full compliance with the provisions of this c|aune, including sanctions for noncompliance. Notices required by this Agreement shall beinwriting and delivered via mail (postage prapaid).commercial courier, orpersonal delivery. Any notice delivered orsent meaforesaid shall be effective onthe date mfdelivery orsending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities listed below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Archie Matthews OMQ@—Cityof Yakima 112 South 8mStreet Yakima, WA 08901 (509)57549101 Copy to: City Manager City ofYakima 120Nort� h2 Street Yakima, WA 98901 (509)575-6000 Madelyn Carlson People For People 3D4West Lincoln Avenue Yakima, VVAS8QO2 /509\203-7611 7' GENERAL CONDITIONS The following requirements are applicable to all activities undertaken with CDBG funds. A. General Compliance The Recipient agrees tocomply with the requirements CfTitle 24ofthe Code of Federal Regu|obone. Part 570(the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG))including subpart Kmfthese regulations, except that (1)the Recipient does not assume the recipient's environmental responsibilities described in24CFR 57O.6O4and /2\the Recipient does not assume the recipient's responsibility for initiating the review process under the pnmxiaimna of24 CFR Part 52. The Recipient also agrees to comply with all other applicable Federal, oto1a and |oog| |oxva, regulations, and policies governing the funds provided under this Agreement. The Recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Recipient shall at all times remain an "independent contractor" with respect to the services hobeperformed under this Agreement. The Grantee shall be exempt from payment of all federal and/or state Unemployment Compensation, FICA, nabnennmnt. life and/or medical insurance and Workers' Compensation Insurance, as the Recipient is an independent contractor. C. Hiring ofIndependent Contractors ioProhibited Recipient shall not hire any independent contn*ctor(e)todoany work associated with this Agreement. A violation of this section eho|| be deemed o default and the Grantee may immediately terminate the Agreement upon notice 1oRecipient. D. Hold Harmless and Indemnification i Recipient agrees that ith;financially responsible for any audit exception or other financial loss tothe Grantee which occurs due 0o its negligence orita failure to comply with the terms mfthis Agreement. ii. Recipient further agrees hodefend, indemnify and hold harmless the Grantee, its elected and appointed officia|m, ennp|myeea, and agents from and against any and all claims, demands and/or causes ofaction of any kind orcharacter whatsoever arising out oforinconnection with the performance mfthis Agreement bythe Recipient, its employees, subcontractors, agents, qr volunteers for any and all claims byany persons for alleged personal injury, death, ordamage totheir persons orproperty tothe extent caused bythe negligent acts, errors or omissions of the Recipient, its employees, agents, subcontractors, volunteers orrepresentatives. |nthe event that any suit or claim for damages based upon such claim, action, loss, ordamages im brought against the Grantee, the Recipient shall defend the same at its sole cost and expense; provided that the Grantee retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the Grantee and/or its officers, agents, and/or employees or any of them or jointly against the Grantee and the Recipient and its respective officers, agents, subcontractors, employees, volunteers or any of them, the Recipient agrees to fully satisfy the same and the Recipient shall reimburse the Grantee for any cost and expense which the Grantee has incurred as a result of such claim or suit, including, but not limited to attorneys' fees, costs and appeal costs and fees. The provisions of this section shall survive the expiration or termination of this Agreement. E. Insurance The Recipient shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Recipient, its agents, representatives, or employees. ii. Recipient's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Recipient to the coverage provided by such insurance, or otherwise limit the Grantee's recourse to any remedy available at law or in equity. a. Commercial general Uabffi!y� Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, and personal injury and advertising injury. Grantee shall be named as an additional insured under the Recipient's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. b. Commercial Automobile Liability Insumce. If Recipient owns any vehicles, before this Agreement is fully executed by the parties, the Recipient shall provide the Grantee with proof of commercial automobile liability insurance. Automobile liability shall apply to any auto and be shown on the certificate. In the event Recipient does not own any vehicles, or uses non -owned vehicles in its operations, Recipient shall provide proof of coverage for non -owned and hired automobile liability c. Workers'Compgnsation. Worker's Compensation coverage as requir by the Industrial Insurance laws of the State of Washington. i 0117MMOR 10 insurance and professional liability insurance of all others performing services for the Recipient in the minimum amounts shown below. e. Directors' and Officers' Insurance. Directors' and Officers' insurance appropriate to the Recipient's actions. If the Professional Liability policy covers the actions of the Recipient's directors and officers that would be covered under a Directors' and Officers' policy, this requirement may be met by that liability insurance. iv. Recipient shall maintain the following insurance limits: a. Commercial General Liabi lity. Recipient shall maintain Commercial -General Liability insurance with limits of no less than $2,000,000.00 each occurrence, $2,000,000.00 general aggregate. d. Directors' and Officers' Insurance. Recipient shall maintain Directors' and fficers' Insurance with limits of no less than $1,000,000.00 per occurrence and an annual aggregate limit of at least $1,000,000.00. V. If any of the required insurance provides coverage on a claims -made basis: a. The retroactive date must be on or before the date of the Agreement or the beginning of services provided to the Grantee. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after expiration or termination of the Agreement. b. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, Recipient must purchase "extended reporting" coverage for a minimum of five (5) years after completion of services provided by this Agreement. c. Recipient's Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect to the Grantee. Any insurance, self-insurance, or self -insured pool coverage maintained by the Grantee shall be excess of the Recipient's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. d. Recipient shall furnish the Grantee with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the 11F additional insured endorsement, evidencing the insurance requirements of the Recipient before commencement of the work. e. Recipient shall provide the Grantee with written notice of any policy cancellation within five (5) business days of their receipt of such notice, Failure on the part of the Recipient to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the Grantee may, after giving five (5) business days' notice to the Recipient to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Grantee on demand, or at the sole discretion of the Grantee, offset against funds due the Recipient from the Grantee. g. If the Recipient maintains higher insurance limits than the minimums shown above, the Grantee shall be insured for the full available limits of Commercial General and Excess liability maintained by the Recipient, irrespective of whether such limits maintained by the Recipient are greater than those required by this Agreement or whether any certificate of insurance furnished to the Grantee evidences limits of liability lower than those maintained by the Recipient. h. The Recipient shall not use or disclose Personal Information, as defined in RCW 19.255.010, in any manner that would constitute a violation of federal law or applicable provisions of Washington State law. Recipient agrees to comply with all federal and state laws and regulations, as currently enacted or revised, regarding data security and electronic data interchange of Personal Information. F. Grantee Recognition The Recipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Recipient will include a reference to the support provided herein by Grantee in all publications, announcements, or marketing associated with the funds made available under this Agreement. G. Amendments The Grantee or Recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Recipient from its obligations under this Agreement. H. Assignment and/or Subcontracting 12 The Recipient shall not assign or subcontract any portion of the services provided within the terms mfthis Agreement without obtaining prior written approval from the Grantee. The Grantee has the sole authority todecide whether assignment end/orouboontreobng will beallowed. All terms and conditions ofthis Agreement shall apply toany approved subcontract orassignment related tothe Agreement. Suspension or Termination i Termination for Cause. Grantee may suspend orterminate this Agreement if the Recipient nnetehe|k/ fails to comply with any terms of this 4oreennend, which ino|ude, but are not limited to, the following: a. Failure to comply with any of the rules, regulations or provisionsnefenred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies ordirectives asmay become applicable atany time; b. Fai|ure, for any reason, of the Recipient to fulfill in a bnne|y and proper manner its obligations under this Agreement; c. Ineffective orimproper use offunds provided under this Agreement; or d. Submission by the Recipient hothe Grantee reports that are incorrect or incomplete in any material respect. ii Termination for Convenience. This Agreement may baterminated at any time, in whole or in part, upon the written agreement of Recipient and Grantee. iii Termination for Withdrawal, 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 4ongamen1, and prior to its normal nomp|etimn. Grantee may summarily terminate this Agreement aotmthe funds reduced or |inmitad, notwithstanding any other termination provision of this Agreement. If the level offunding eoreduced grlimited i000 great that the Grantee deems that the continuation of the program covered by this Agreement is no longer in the best interest of the public, the Grantee may summarily terminate this Agreement in whole notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice by the Recipient. The Grantee agrees topromptly notify the Recipient ofany proposed reduction in funding buFederal orother officials. The Recipient agrees that upon receipt of such notice itshall take appropriate and reasonable action hmreduce 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. Upon termination of this Agreement under any section above, any unexpended balance ofC[]BG-CVfunds awarded through this Agreement shall lapse and remain inthe City ofYakinna'eC[]BGbudget. |nthe event that termination occurs aaaresult of Recipient's failure tocomply with rules as outlined under subsections (G)(i). (ii). (iii). or (iv) above, Recipient shall return to the Grantee all funds received by Recipient which were expended inviolation ofthe terms ofthis Agreement. 13 In the event that this Agreement is terminated in whole or in part for any reason, the following provisions shall apply: i. Upon written request by the Recipient, Grantee shall make or arrange for payment to the Recipient of allowable reimbursable costs not covered by previous payments. ii. The Recipient shall submit within fifteen (115) days after the date of termination of this Agreement all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the Grantee or its designee if requested by Grantee. iii. In the event a financial audit has not been performed prior to closeout of this Agreement, the Grantee retains the right to withhold a just and reasonable sum from the final payment to the Recipient after fully considering the recommendation on disallowed costs resulting from the final audit. K. Covenant Against Contingent Fees The Recipient 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 commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Recipient for the purpose of securing business. The Grantee shall have the right, in the event of breach of this clause by the Recipient, to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. A. Financial Management If the Agency is a governmental entity, the Agency shall comply with the requirements and standards of OMB Circular A-128, "Audits of State and Local Government," and Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments," and with 2 CFR Part 200. If the Agency is not a governmental entity, the Agency shall comply with the requirements and standards of 2 CFR Part 200, and all other applicable federal laws, regulations, executive orders and guidelines. to I IMM will WrIL61 o1z] I Ir.] 11 14 a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of grant recipients; d. Records required to document the use of CDBG-CV funds; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program as applicable; f. Financial records as required by 24 CFR 570.502 and 2 CFR 200; and gOther records necessary to document compliance with Subpart K of 24 CFR Part 570 or any other applicable federal law or regulation. Required records shall be retained for a period of three (3) years after termination of this Agreement, except as follows: (1) Records that are the subject of audit findings shall be retained for three (3) years after the program ends or three years after such findings have been resolved, whichever is longer; and (2) records for nonexpendable property shall be retained for three (3) years after its disposition. Nonexpendable property is defined in 2 CFR 200.333. 2. The Recipient shall maintain data demonstrating client eligibility for services provided. Such data should include, but not be limited to, client name, address, or other basis for determining eligibility. Such information shall be made available to Grantee monitors or their designees for review upon request. b. The use or disclosure by any party of an confidential information concerning a recipient or client for any purpose not directly connected with the Grantee's or the Recipient's responsibilities with respect to services provided under this Agreement is prohibited except on written consent of the recipient or client, their attorney or their responsible parent or guardian, or as otherwise provided by law. TIMMIMIUMMM S 11 1 i I I I Ell I L' I IIIIE 1-0 is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Recipient's responsibilities with respect to services provided under this Agreement, or otherwise required by law, is prohibited unless written consent is obtained from such person receiving service. QR sufficient, safe and proper facilities and/or send copies ofthe requested documents to the Grantee upon Grantee's request. All records related to Recipient's services under this Agreement must bemade available 1oGrantee, upon request. They must beproduced 0othird parties, ifrequired pursuant to the Public Records Act, orbylaw. All records relating SoRecipient's services under this Agreement must be retained by Recipient for the nnininnurn period of time required pursuant 0othe Washington State Secretary ofS1ate's records retention schedule. This section shall survive any expiration or termination of this Agreement. v. Close -Outs The Recipient's obligation hmthe Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, deob|igaUonofunused funds, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the tmrnnm of this Agreement shall remain in effect during any period that the Recipient has control over CDBGfunds, including program income. vi. Audits and Inspections The records and documents with respect toall matters covered bvthis Agreement shall be subject at all times to inspection, review or audit by the GranUee. Fedmua|, or State officials on authorized by law during the performance ofthis Agreement and during the period ofretention specified inthis Agreement. a. The Recipient will provide odorbefore the contract signing, upon request by Grantee, acopy of the Recipient's most recent audit. The Recipient will provide to the Grantee a copy of the Agency's most recent audit for each year inwhich acontract for use mfC[}BGfunds exists with the Grantee, if applicable, Failure to provide such audit will be considered amaterial breach ofthe Agreement and result ina refund to the Grantee ofall moneys paid ordue under the Agreement. b. Audit Requirements. Agencies receiving $750'DQO.0Oormore in federal funds will provide tothe Grantee the above required audits conducted inamanner required by2CFRPart 200Unifomn Guidance —Subpart F. The Recipient shall maintain a certified public audit for the Grantee Community Development Block Grant year inwhich the funds are awarded and through each Community Development Block Grant year 0rportion thereof, in which the funds are used or a contract exists between the Recipient and the Grantee as required by2CFRPart 2O0orother applicable federal law. Aerequired byHUD Regulations, 24CFRPart 57O. the Recipient shall compile and maintain the 16 a. Financial Management. Such records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the applicable provisions federal law, regulation, executive order or guidelines, including, but not limited to 2 CFR Part 200. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. b. Equal Opportunity. The Recipient shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Agreement. The Recipient shall also maintain data which records its affirmative action in equal opportunity employment, and its good -faith efforts to identify, train, and/or hire lower -income residents of the program area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the program. vii. Access to Records, a. Recipient agrees that Grantee may carry out monitoring and evaluation activities so as to ensure compliance by Recipient with this Agreement, with the CDBG compliance requirements, and with all other laws, regulations, and ordinances related to the performance hereof. b, Recipient agrees to provide Grantee with any data determined by Grantee to be necessary for its effective fulfillment of its monitoring and evaluation responsibilities. C. At any reasonable time and as often as Grantee may deem necessary, Recipient shall make all of its records available to the Grantee, HUD, the Comptroller General of the United States, or any of their authorized representatives, and shall permit them to audit, examine, and make excerpts and/or copies of the same. Recipient records shall include, but shall not be limited to, the following: payroll, personnel and employment records, procurement bidding documents, contracts, sales closing statements, applications, award notifications, receipts, requests for reimbursement, and invoices. d. Grantee shall have the right to review and audit all records of the Recipient pertaining to any payment by Grantee. Said records shall be maintained for a period of seven years after the completion of the project. e. The Recipient 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 this Agreement and any attachments hereto. C. Reporting and Payment Procedures 290-30TOM The Recipient shall submit such reports as required by the Grantee at such times as required by the Grantee, including at any time after this Agreement has expired. Notwithstanding any other provision of this Agreement to the contrary, M the reports required • the Grantee shall be submitted by the Recipient no less than on an every -other -month basis. Such reports shall also be submitted prior to contract completion. A final report shall be compiled upon termination of this Agreement or spend down of all CDBG-CV funding allocated in this Agreement. ••: Income There is • •.5:-• program income under this Agreement. Indirect •: Recipient may be reimbursed for indirect costs, or any administrative costs associated with the grant program within reason. iv. Payment Procedures The Grantee will pay to the Recipient funds available under this Agreement based upon information submitted by the Recipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, if any, payments will be made for eligible expenses actually incurred by Recipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Recipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of Recipient. v. Return of Funds The Recipient shall return to the Grantee all monies provided hereunder by the Grantee to the Recipient if any of the following occur: a. The Recipient materially changes the primary purpose and scope of the project as described in Section A above; or b. The Recipient is unable to continue and/or provide services as described in this Agreement. D. Procurement Standards. lyffll all applicable requirements • • and State law for awarding • including • • limited to procedures for competitive bidding, contractor's bonds, and RCW 60.28.010, which addresses retained percentages. In addition, the Recipient shall comply with the requirements • the U.S. Office • Management and Budget, as applicable, relating to bonding, insurance and procurement standards; and all federal laws, regulations, executive orders and guidance documents. Where Federal standards differ from local or State standards, the stricter standards shall apply. The Federal %t9 -Ijk9r-V I • Weisi a a 161:4 111 kyly-A • •• I I Ip 0 I. -Re I llg; I Ir.] E I On IN a I 01,7a sl* r-3 v 1 &-.1 g I a Log I K's E. Standards for Fiscal Accountability 18 i The Recipient agrees toprovide project line item draw requests, annual verification of rents, annual audited financial statements to compare income and eopensee, reoorda, documents and accounting procedures which accurately reflect all direct and indirect costs related 0othe performance ofthis Agreement, as necessary. Such fiscal bomko, nacmrds, docunnents, 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" ao issued by the Office of the State Auditor, State of Washington. The Recipient further agrees that the Grantee shall have the right tomonitor and audit the fiaoe| components ofthe organization toinsure that actual expenditures remain consistent with the terms of this Agreement. The Recipient ahe|| retain all books, records, documents and other material relevant to the Agreement for seven (7) years after settlement cf this Agreement. The Recipient agrees that the Grantee, HUD, the Washington State Auditor, or their designees, shall have full access to and aright toexamine any ofsaid materials atall reasonable times during said period. ii. The Recipient agrees that any contributions orpayments made for services furnished under this Agreement shall beused for the sole benefit ofthis program. iii. The Recipient agrees tohave Gnaudit performed when spending $5OO.OQOormore infederal awards during afiscal year. Acopy ofsuch audit will bepresented tothe Grantee upon request. F. Real Property No real property will be acquired, transferred, or distributed under this Agreement. G. Evaluation The Recipient shall participate with the Grantee in any evaluation project or performance report required bythe Federal Agency. Further, the Recipient agrees to participate with the Grantee inany reasonable evaluation project oroerfonnancenmpodasraquestedbv the Grantee. In either situation, the Recipient agrees to make available all information required byany such evaluation process. A. i. General: The Recipient shall comply with all Federal, State and local laws prohibiting discrimination on the basis of age, sex, nnahCe| otatun, mama, creed, color, national origin, the presence of any sensory, mental orphysical handicap orany other group protected under local, state orfederal law existing orhereafter created. Theme requirements are specified in RCW chapter 49.60; Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964. Title V|; Civil Rights Act of1g68.Title V|||;Executive Order 11063;Executive Order 11246; Section 8of the Housing and Urban Development Act of196O;Section 5O4Vfthe Rehabilitation Act of1973;and, the Age Discrimination Act of1Q75. Specifically the 19 Recipient isprohibited from taking any discriminatory actions defined inthe HUD Regulations at 24 CFR 570.602(b)(1)and shall take such affirmative and corrective actions as are required by the Regulations at 24 CFR 570.602(b)(4). iiSpecific Discriminatory Actions Prohibited: The Recipient may not, under any program or activity to which this Agreement may apply, directly or through contractual or other arrangements, on the grounds of race, color, national origin, or sex: (a) Deny any person facilities, services, financial aid, mrother benefits provided under the program oractivity; /b\ Provide any persons with faci|iUoo, servinea, financial aid, or other benefits which are diffenant, or are provided in o different form, from that provided to others under the same program or activity; (o) Subject any person tosegregated orseparate treatment inany facility nr inany matter Orprocess related 10receipt ofany service mrbenefit under the program or activity; (d) Restrict inany way access to, orinthe enjoyment of.anyadvantmgmor privilege enjoyed byotheroincqnnentionvvithfaci|itieo.amrvicee,finannia| aid, or other benefits under the program or activity; /e\ Treat any person differently from others in determining whether the person satisfies any admission, enno||nnent, e|igibi|ity, nnennbenmhip, or other requirement 0rcondition which individuals must meet in order to be provided any facilities, services orother benefit provided under the program or activity; or (f) Deny any person any opportunity to participate in e program nractivity oe an employee. The Recipient shall not use criteria ormethods ofadministration that have the effect of subjecting individuals to discrimination on the basis of race, cQ|nr, national origin, orsex, orhave the effect ofdefeating prsubstantially impairing accomplishment of the objectives of the program or activity with respect to individuals of particular race, oo|or, national origin, or sex. The Recipient, indetermining the site orlocation mfhousing orfacilities provided in whole or in part with funds under this pGrt, if app|inab|e, may not make ea|eobnne of such site or location that have the effect of excluding individuals fn»nn' denying them the benefits of, or subjecting them to discrimination on the grounds of race, nn|mr, national origin, orsex; orwhich have the purpose oreffect ofdefeating or substantially impairing the accomplishment of the objectives of the Act or of the HUD Regulations. B. Notice The Recipient shall include the provisions ofthe appropriate subsections (e). /b\./o\.(d).and /e\ofthis Section Aabove entitled ^Noodimohnnin8Uon^os required bvlaw, and shall send 0oeach labor union orrepresentative of workers with which it has a collective bargaining agreement orother contract or understanding a notice advising the said labor union or worker's representative ofthe commitments made inthese subsections. 20 H. |nadvertising for employees, goods orservices for the activities under this Agreement, the Recipient shall comply with all federal |avva' rmgu|GtiVno, executive orders and guide|ineo, including, but not limited h3OMB 2CFR-2DO. Agencies shall be considered tobeincompliance with this provision ifatleast one of the following steps is taken: (a) advertise in a minority publication in addition to publication of general circulation; (b) utilize a minority contractors bidding center; or(o) utilize o |000| affirmative action office and/or certified rninoritv/m/onnen's business enterprise directory. The Recipient certifies, tmthe best ofits knowledge and belief, that i NoFederal appropriated funds have been paid orwill bepaid, by oronbehalf of the undersigned, to any person for influencing or attempting to influence an officer of employee mfany Agency, oMember cfCongress, anofficer oremployee or 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 ofany cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, orcooperative agreement. ii If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing orattempting toinfluence onofficer oremployee cfany Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. iii The Recipient ahm|| require that the language of this certification, or equivalent language, beincluded inthe award documents for all eubovxandaat all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all mubngcipientsaha|| certify and disclose accordingly: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed bysection 1352'title 81.U.S.Code. Any person who fails 10file the required certification shall besubject toecivil penalty ofnot less than $1O'O0D.O0and not more than $1OO.0DO.DOfor each such failure. D. Conflict of Interest The Grantee may, by written notice to the Recipient: i. Terminate this Agreement if itiofound, after due notice and enopportunity to rempmnd, by the Grantee that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Recipient, or agent or representative of the Rmcipient, to any officer, elected official or employee of the Grantee, with a view 21 the awarding or amending or the making of any determinations with respect to this Agreement. ii. In the event this Agreement is terminated as provided in (i) above, Grantee shall be entitled to pursue the same remedies against the Recipient as it could pursue in the event of a breach of the Agreement by Recipient. The rights and remedies of the Grantee provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. iii. The Recipient warrants and covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of tis services hereunder. The Recipient further warrants and covenants that in the performance of this Agreement, no person having such interest shall be employed. L National Environmental Policy Act: The City retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR Part 58). The City may require the Agency to furnish data, information and assistance for the City's review and assessment in determining whether an Environmental Impact Statement must be 22 particularly section 176(c) and (d)(42 U.S.C. 7506(c) and (d)); and HUD environmental standards (24 CFR Part 51, Environmental Criteria and Standards (44 FIR 40860-40866, July 12, 1979). State Environmental Policy Act: Agencies that are branches of government under RCW 43.21 C.030 retain responsibility for fulfilling the requirements of the State Environmental Policy Act, RCW Chapter 43.21 C, and regulations and ordinances adopted under that Chapter. If the Agency is not a branch of government under RCW 43.21 C.030, the City may require the Agency to furnish data, information and assistance as necessary to enable the City to comply with the State Environmental Policy Act. iv, Satisfaction of Environmental Requirements: Project execution under this Agreement by either the City or the Agency shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts. A written notice to proceed will not be issued by the City until all such requirements are complied with. The Agency shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the Federal government. (Civil Rights Act of 1968, Title VII; Executive Order 11063). i. In all solicitations under this Agreement, as applicable, the Recipient shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. ii. The Recipient shall not discriminate against any employee or applicant for employment in connection with this Agreement because of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (RCW chap. 49.60; Executive Order 11246 as amended). • the greatest extent • the Recipient shall provide training and employment opportunities for lower -income residents within the area served • CDBG assisted projects (Section 3, Housing and Urban Development Act of 1968, as •-• 23 Pill 1110111 111 1 U115 ^Yreefflerll 511all U15L;F1rT11[1aLt! Irl Me t5dit! U1 MUMFIC-115, eq,11pulw-FT"a"ar) the • • •- sex, marital status, race, creed, color, • origin, or the presence of any sensory, mental, or physical handicap. Such practices include: =ployment, upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (RCW Chap. 49.60; Executive Order '• as -:•-r ii. All firms and organizations described above shall be required to • to the Recipient certificates • compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that certificates of compliance shall not be required from firms and organizations with fewer than 25 employees •' • •' and/or yearly sales • less than $10,000.00. iii. To the greatest extent feasible, the Recipient shall purchase supplies and r.ervices for activities under this Agreement from vendors and contractors whose businesses are located in the area served by CDBG-funded activities or owned in r*ubstantial part by program area residents. (Section 3, Housing and Urban Development Act of 1968, as amended). iv. CDBG • shall not be used • • indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or ?ubrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. . so The Recipient shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 U.S.C. sections 276(a)-276(a)(5)), and that they comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 276(c)) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et. seq.) as prescribed at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to rehabilitation of residential property designed for residential use by fewer than eight families. i. The Recipient agrees that any non -expendable personal property (capital equipment), purchased • • in •. with project funds at a cost • $5,000.00 •: • •- item, is upon its • or receipt the program • the City and/or Federal government. Final ownership and disposition of such property shall be determined under the applicable provisions of federal law, including, but not -• • 2 CFR 200. ii. The Recipient shall be responsible for all such property, including its care and maintenance, at the Recipient's expense. V. The Recipient shall admit the City's property management officer to Recipient's premises for the purpose of marking such property, as appropriate, with City property tags. 24 vi. The Recipient shall meet the following procedural requirements for all such property: (a) 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 CDBG funds used in the purchase of property; and location, use, and condition of the property. (b) 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 existence, current utilization, and continued need for the property. (c) A control system shall be in effect to ensure adequate safeguards to prevent and/or minimize loss, damage, or theft of the property. Any such loss, damage or theft of property shall be investigated and fully documented. (d) Adequate maintenance procedures shall be implemented to keep the property in good condition. i. Any acquisition of real property by a State Agency for any activity assisted under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act)(42 U.S.C. 4601 et. seq.) and the Regulations at 24 CFR Part 42. ii. Implementation of any program provided for in this Agreement will be undertaken in a manner so as to minimize involuntary displacement of persons, businesses, nonprofit organizations, or farms to the greatest extent feasible. iii. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the result of acquisition of real property assisted under this Agreement shall comply with the Uniform Act, the Regulations at 24 CFR Part 42, and the City of Yakima's displacement policy required by Federal CDBG regulations at 24 CFR 570.305. The Recipient shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR 570.602(c) and (d). H. National Flood Insurance. To the extent indicated by 24 CFR 570.605, the Recipient shall comply with the flood insurance purchase requirements of Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq. and the Federal regulations issued under that statute). The Recipient shall comply with the Regulations at 24 CFR section 570.605. 0. 0 00 0 oil zn The Recipient shall comply with the HUD Lead -Based Paint Regulations (24CFR Part 35) issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.sections 4831 et. eeq.) requiring prohibition qfthe use oflead-based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures) and notification of the hazards oflead-based paint poisoning 10purchasers and tenants ofresidential structures constructed prior 0o195O. The absence ofmention inthis Agreement ofany other Federal requirements which apply 0othe award and expenditure mfthe Federal funds made available h»this Agreement ienot intended tmindicate that those Federal requirements are not applicable to Recipient activities. The Recipient shall comply with all other Federal requirements relating tVthe expenditure ofFederal funds, including but not limited to: The Architectural Barriers Act of 1968 (42 U.S.C. 4151), and the Hatch Act(5 U.S.C. Chapter 15). Additionally, the Recipient shall comply with the Federal requirements described by24CFRPart 570.SecUons 6OOthrough 603;Section 6O5; and Sections 607through 612. K. Nonsubstitution for Local Funding. The COBGfunding made available under this Agreement shall beused only for eligible program expenses. L. Public Ownership. For Recipients that are not municipal corporations organized under the laws cfthe State of Washington, it may become necessary to grant the City a property interest where the subject project oa||aforthm@cquioiUon.construotion'neoonatruotipn' rehabilitation, or installation of publicly owned facilities and improvements. The Recipient shall comply with current City requirements regarding transfer ofe property interest sufficient t0meet any public ownership requirement imposed bylaw. M. Religious OLganizations. The Recipient will comply with all federal requirements concerning religious organizations and the use qfCommunity Block Grant funds. All services delivered must bedispensed ina clearly non-sectarian manner, devoid ofany religious influence. 11. RULES OF CONSTRUCTION In the event of an inconsistency in this Agreement/grant avvond unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: A. Appropriate provisions of state and federal statutes and regulations including HL][} C[][9Gregu|abons. B. This Agreement. C. Exhibits to this Agreement, if any. D. City ofYakima Resolution approving this Agreement. 26 E. Any other provisions whether incorporated by reference herein or otherwise, provided that nothing herein shall be construed as giving preference to provisions of this agreement/grant award over any provisions of law. A. The venue for any action to enforce or interpret this Agreement shall be in the Superior Court of Washington for Yakima County. B. This Agreement has been and shall be construed under the laws of the State of Washington. 13. SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is held by the courts to be illegal, the validity of the remaining provisions shall as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any federal or state statutory provision, said provision which may conflict therewith shall be deemed modified to conform to such statutory provision. ffNV1V_TkW: m — es� 7176re—i Fit L-11111cdarl - to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 15. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Recipient with respect to this Agreement. 16. SURVIVAL Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first writtet above. MINK61AMINERTIM W 96011 = 101 1:41:1 By: Robert Harrison, City Manager By: Ma ein on,Fief Executive Officer 27 Sonya Claar-Tee, City Clerk