HomeMy WebLinkAboutR-2009-062 Yakima Convention Center Rental for Job Fair 2009; CDBG Funds; Workforce Development CouncilA RESOLUTION
RESOLUTION NO. R-2009-62
approving. a Grant request of $6,000.00 from the Workforce Development
Council to be made from federal CDBG funds to assist with the costs of
renting the Yakima Convention Center and associated costs pertaining to
the Job Fair 2009
WHEREAS, the City of Yakima is a recipient of Federal Community Development Block
Grant (CDBG) funds, which may be used, among other things, to provide Economic
Development; and
WHEREAS, the Workforce Development Council is requesting a grant of $6,000.00 in
CDBG funds to assist with the costs of renting the Yakima Convention Center for the Job Fair
2009, and
WHEREAS, The Workforce Development Council will supply the number of job offers
made and accepted at the Fair and as well as the number of job offers made and accepted as
a result of the Fair within 60 days after the Fair, and
WHEREAS, The City Council has determined that it is in the best interest of the City to
authorize and approve the $6,000.00 grant request from Workforce Development Council to
assist with the costs of renting the Yakima Convention Center Job Fair 2009, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. A grant of $6,000.00 in CDBG funds to the Workforce Development Council for the
purpose of assisting with the cost of renting the Yakima Convention Center and
associated costs pertaining to Job Fair 2009 is hereby authorized and approved.
2. The City Manager is hereby authorized and directed to execute all necessary grant
documents, including a grant agreement, between the City of Yakima and Workforce
Development Council. The final form of these documents shall be reviewed and
approved by the City Attorney.
ADOPTED BY THE CITY COUNCIL this 21 day ofri1, 2009.
avid Edler, ayor
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: South Central Workforce Council (hereinafter "Contractor")
2 Address. 120 S. 3`d Street, Ste #200-A, Yakima WA, 98901
3. Phone: (509) 574-0105
4. Contact Person: Pt3L` t tA,doz,
5. Title of Service or Program being Funded: "2009 Job Fair"
6. Amount of Contract Award: $ Actual cost of reimbursement for renting the Convention
center for "2009 Job Fair" up to a maximum amount of $6,000 (CDBG)
7. The term of this Contract shall commence upon execution hereof and shall terminate at
midnight, July 12, 2009 , unless sooner terminated by either party in accordance
with Section XXII of incorporated Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto shall be subject to and
governed by the following:
1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this
reference; and
2) Operating budget including sources and uses statement, work plan and all attached
hereto as Exhibit "B" and incorporated herein by this reference.
3) City of Yakima Resolution No. Q-2004-62, a copy of which is attached hereto as
Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of project described in
Exhibit "A",
This written document and incorporated exhibits constitutes the entire Contract between the parties.
IN WITNESS THEREOF
below.
arties have executed this Contract as of the day and year indicated
Elate
William Cook,
Contractor
Title:
City Contract No.:
,2009-y9
27/09
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Date
EXHIBIT "A"
TERMS AND CONDITIONS
DESIGNATION
The City of Yakima, as recipient of a housing and community development grant from the U.S.
Department of Housing and Urban Development, hereby designates Contractor to undertake,
and the Contractor hereby agrees to undertake that certain community development or housing
assistance project described in Exhibit "B", Scope of Work.
A. AMOUNT OF GRANT
1. The City hereby sub -grants to the Contractor $ Actual cost of reimbursement
for renting the Convention center for "May 12, 2009 Job Fair" up to a maximum
amount of $6,000 (CDBG),for said project.
II GENERAL BUDGET PROVISIONS
The Contractor agrees to the following provisions in satisfying the terms and conditions of this
contract:
A. PAYMENT AND DISBURSEMENTS
Disbursements by the City of Yakima from this contract/grant award shall be on a
reimbursement basis covering actual expenditures by the Contractor or obligation of
the Contractor currently due and owing, but not paid. Disbursements shall be limited
to allowable costs and so shall be made upon the occurrence of all the following, in
addition to any other conditions contained herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement request
supported by copies of vouchers, invoices,
2. Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable costs under
the principles set forth in Federal Management Circular 74-4 "eligible costs and
come within the Project Budget.
B. No payment shall be made for any service rendered by the Contractor except for
services within the scope of this Contract, and all funds received must be used for
service as identified in Exhibit "A" of this Contract.
III BILLING PROCEDURES
A. The Contractor shall submit a single written claim for reimbursement of services
performed under this contract in the manner prescribed in paragraph III above, and as
prescribed by the City of Yakima ONDS.
IV COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, in performance of this Contract, agrees to comply with all applicable
Federal, State and Local Laws and ordinances, and the rules and regulations
promulgated by the U.S. Department of Housing and Urban Development, including,
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but not limited to, Federal HOME Regulations and other policies and guidelines
established by the City of Yakima ONDS.
B. PROJECT REQUIREMENTS
A. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the Contractor
under this Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State Environmental
Policy Acts.
V NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor agrees that it shall not discriminate against any employee or applicant
on the grounds of race, creed, color, religion, national origin, sex, marital status, age,
or the presence of any sensory, mental or physical handicap. Such action shall
include, but not be limited to: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and programs for training including apprenticeships.
The Contractor specifically agrees to abide by the Office of Federal Contract
Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24
CFR 570.601.
VI NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion,
national origin, creed, marital status, or age:
1. Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Contract;
2. 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 Contract; separate treatment in any manner related to his receipt of
any service(s) or other benefits provided under this Contract;
3. Deny any qualified individual an opportunity to participate in any program
provided by this Contract through the provision of service(s) or otherwise, or
will afford him an opportunity to do so which is different from that afforded
others under this Contract.
B. The Contractor shall abide by all provisions of Section 504 of the HEW Rehabilitation
Act of 1973 prohibiting discrimination against handicapped individuals either through
purpose or intent.
C. If assignment and/or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in client
services binding upon each Contractor or Subcontractor. The Contractor shall take
such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
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VII LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable Federal, State, County and Municipal
standards for licensing, certification and operation of facilities and programs, and accreditation
and licensing of individuals, and any other standards or criteria as described in the Contract to
assure quality of services.
VIII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as to
ensure compliance by Contractor with this Contractor agreement, with the CDBG
Compliance Documents, and with all other laws, regulations, and ordinances related to
the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary for
its effective fulfillment of its monitoring and evaluation responsibilities.
B At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the United
States, or any of their authorized representatives, and shall permit City, HUD, the
Comptroller General of the United States, or any of their authorized representatives to
audit, examine, and make excerpts and/or copies of same. Contractor records shall
include, but shall not be limited to, the following: payroll, personnel and employment
records; procurement bidding documents; contracts; sales closing statements; and
invoices.
IX SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a recipient or
client for any purpose not directly connected with the City's or the Contractor's responsibilities
with respect to services provided under this Contract is prohibited except on written consent of
the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise
provided by law.
X ASSIGNMENT AND/OR SUBCONTRACTING
The Contractor shall not assign or subcontract any portion of the services provided within the
terms of this Contract without obtaining prior written approval from the City. All terms and
conditions of this Contract shall apply to any approved subcontract or assignment related to the
Contract.
XI STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contractor agrees that any contributions or payments made for services furnished
under this Contract shall be used for the sole benefit of this program.
XII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city relationship will be created by this
Contract. The City of Yakima ONDS is interested only in the results to be achieved, the
implementation of services will lie solely with the Contractor. No agent, employee, or
representatives of the Contractor shall be deemed to be an employee, agent, servant or
representative of the City of Yakima for any purpose, and the employees of the Contractor are
not entitled to any of the benefits the City of Yakima provides for City Employees. The
Contractor will be solely and entirely responsible for its acts and for the acts of its agents,
employees, servants, Subcontractors, or otherwise during the performance of this Contract.
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XIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social security
tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Contract. In the event the City is assessed a tax or assessment as a result of this Contract,
Contractor shall pay the same before it becomes due.
XIV FINAL REPORT
The Contractor agrees to submit a written final report outlining the progress towards
completion of activities funded by the City of Yakima, to the City of Yakima.
XV INDEMNIFICATION AND HOLD HARMLESS
All services to rendered or performed under this Contract will be performed or rendered entirely
to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold
harmless the City of Yakima and all of its officers, agents, employees and elected officials from
any and all liability, loss, fines, penalties or damage, inducing reasonable cost of defense, they
may suffer as a result of claims, demands, actions, or damages to any and all persons or
properly, costs or judgments against the City of Yakima which result from, arise out of, or are in
any way connected with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XVI CONTRACT. TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City of
Yakima ONDS may pursue such remedies as are legally available including but not limited to,
the termination of this Contract in the manner specified herein.
A. TERMINATION FOR CAUSE
If the Contractor fails to comply with the terms and conditions of this Contract and any
of the following conditions exist:
1. The lack of compliance with the provisions of this Contract are of such scope
and nature that the City of Yakima ONDS deems continuation of this Contract
to be substantially non -beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as directed by
the City of Yakima ONDS or its authorized representative within the time
specified by same;
3. The Contractor has failed within the time specified by the City of Yakima
ONDS or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore and the
effective date provided such effective date shall not be prior to notification to the
Contractor. After this effective date, no charges incurred under any terminated
portions are allowable
B TERMINATIONS ON OTHER GROUNDS
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This Contract may also be terminated in whole or in part by mutual agreement of the
parties.
C. 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 Contract, and prior to its normal completion,
the City of Yakima ONDS may summarily terminate this Contract as to the funds
reduced or limited, notwithstanding any other termination provision of this Contract. If
the level of funding so reduced or limited is so great that the City of Yakima ONDS
deems that the continuation of the program covered by this Contract is no longer in the
best interest of the public, the City of Yakima ONDS may summarily terminate this
Contract in whole notwithstanding any other termination provisions of this Contract.
Termination under this Section shall be effective upon receipt of written notice by the
Contractor or its representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed
reduction in funding by Federal or other officials. The Contractor agrees that upon
receipt of such notice it shall take appropriate and reasonable action to reduce its
spending in the affected funding area so that expenditures do not exceed the funding
level which would result if said proposed reduction became effective.
This Contract may further be terminated by the City of Yakima upon written demand by
the City of Yakima ONDS for assurances that the terms of the Project Description are
being timely complied with, if such assurances are not made to the City's satisfaction
within thirty (30) days of the date of such written demand.
D. CLOSEOUT
In the event that this Contract is terminated in whole or in part for any reason, the
following provisions shall apply:
1. Upon written request by the Contractor, the City of Yakima shall make or
arrange for payment to the Contractor of allowable reimbursable costs not
covered by previous payments.
2. The Contractor shall submit within thirty (30) days after the date of expiration
of this Contract, all financial, performance and other reports required by this
Contract, and in addition, will cooperate in a program audit by the City of
Yakima or its designee.
3. In the event a financial audit has not been performed prior to closeout of this
Contract, the City of Yakima ONDS retains the right to withhold a just and
reasonable sum from the final payment to the Contractor after fully considering
the recommendation on disallowed costs resulting from the final audit.
XVII COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agency maintained by the Contractor for the purpose of
securing business. The City of Yakima ONDS shall have the right, in the event of breach of
this clause by the Contractor, to annul this Contract without liability or, in its discretion, to
deduct from the Contract price or consideration or otherwise recover the full amount of such
commission, percentage, brokerage or contingent fee.
XVIII CONFLICT OF INTEREST
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The City may, by written notice to the Contractor
A. Terminate this Contract if it is found, after due notice and hearing, by the City that
gratuities in the form of entertainment, gifts, or otherwise offered or given by the
Contractor, or agent or representative of the Contractor, to any officer or employee of
the City of Yakima, with a view towards securing this Contract or securing favorable
treatment with respect to the awarding or amending or the making of any
determinations with respect to this contract.
B. In the event this Contract is terminated as provided in (A) above, the City of Yakima
shall be entitled to pursue the same remedies against the Contractor as it could pursue
in the event of a breach of the Contract by the Contractor. The rights and remedies of
the City of Yakima provided for in this clause shall not be exclusive and are in addition
to any other rights and remedies provided by law.
XIX RIGHTS IN DATA
The City of Yakima ONDS may duplicate, use and disclose in any manner and for any
purposes whatsoever, and have others so do, all data delivered under this agreement. The
Contractor hereby grants to the City of Yakima, a royalty -free, non-exclusive, and irrevocable
license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to
do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not
originated in the performance of this Contract such license shall be only to the extent that the
Contractor has the right to grant such license without becoming liable to pay compensation to
others because of such grant. The Contractor shall exert all reasonable effort to advise the
City of Yakima ONDS, at the time of delivery of data furnished under this agreement, of all
invasions of the right of privacy contained therein and of all portions of such data copied from
work not composed or produced in the performance of this agreement and not licensed under
this clause. The Contractor shall report to the City of Yakima ONDS, promptly and in written
detail, each notice or claim of copyright infringement received by the Contractor with respect to
all data delivered under this agreement. The Contractor shall not affix any restrictive markings
upon any data, and if such markings are affixed, the City of Yakima ONDS shall have the right
at any time to modify, remove, obliterate, or ignore such markings.
XX GOVERNING LAW
This Contract has been and shall be construed as having been entered into and delivered
within the State of Washington, and it is mutually understood and agreed by each party hereto
that this Contract shall be governed by laws of the State of Washington, both as to
interpretation and performance.
XXI VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of
Washington for Yakima County, Washington.
XXII MODIFICATION
Either party may request changes in this Contract, however, no change or addition to this
Contract shall be valid or binding upon either party unless such change or addition be in
writing, and executed by both parties, except budget adjustments as specified in Section IV of
this Contract.
XXIII SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of this
Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be
affected; and the rights and obligations of the parties shall be construed and enforced as if the
Contract did not contain the particular provision held to be invalid. If it should appear that any
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provision hereof is in conflict with any statutory provision of the United States or the State of
Washington, said provision which may conflict, therewith, and shall be deemed modified to
conform to such statutory provision.
XXIV RETURN OF FUNDS
The Contractor shall retum to the City all monies provided hereunder by the City to the
Contractor if any of the following occur:
1. The Contractor materially changes the primary purpose and scope of the Project as
described.
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EXHIBIT "B"
SCOPE OF WORK
1. The Contractor shall be reimbursed the actual cost of using the City of Yakima
Convention Center for the May 12, 2009 "Job Fair"
2 The Contractor's request for reimbursement must be accompanied by a copy of the
actual billing from the City of Yakima Conventions center and be submitted within 60
days following the conclusion of the May 12' 2009 "Job Fair".
1. The Contractor shall provide written confirmation from an identified employer that at
least two (2) Low /Moderate income employees, residing within the City limits of
Yakima, were hired in direct relation with the South Central Workforce Council's " May
12, 2009 Job Fair".
4. Workforce Development Council will supply the number of job offers made and
accepted at the Fair and as well as the number of job offers made and accepted as a
result of the Fair within 60 days after the Fair.
•
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1` 15
For Meeting of April 21, 2009
ITEM TITLE: Consideration of a Resolution to approve a $6,000.00 grant request from the
Workforce Development Council from federal CDBG funds to assist with the costs of renting the
Yakima Convention Center for Job Fair 2009.
SUBMITTED BY:Cook, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: Archie M. Matthews, Operations Supervisor of Neighborhood
Development Services, (575-6101)
SUMMARY EXPLANATION: This year as in previous years, a variety of community partners are
producing a Job Fair. Partners, contributors, and participants include a Targe spectrum of
businesses in our area.
In each of the proceeding years, the Job Fair has resulted in "on the spot" hiring of job seekers.
Additional jobs are filled as a direct result of the fair, sometimes months after the event.
Use of the Community Development_. Block Grant (CDBG) funds' for Economic Development is an
eligible activity under the Federal Regulations governing the use of these funds. Funds for such
activities were set-aside in the annual budgeting process. This year the City is being asked to
invest $6,000.00 from CDBG for the rental of the Convention Center.
This proposal was discussed at the meeting of the City Council's Neighborhood Development
Committee on April 8, 2009, the committee recommended that this proposal be forwarded to the
full Council for approval. Approval of this resolution will authorize and direct the City Manager to
execute and contract with the South Central Workforce Council, which will include a project
description and a work plan with identification of funding sources
Resolution X Ordinance Contract Other (Specify)
Funding Source
2009 CDBG funds
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION. Staff recommends approval
BOARD/COMMISSION RECOMMENDATION. Recommended for full Council consideration and
approval by the Council's Neighborhood Development Committee.
COUNCIL ACTION: