HomeMy WebLinkAboutR-1995-098 Neighborhood Improvement ProgramA RESOLUTION
RESOLUTION NO. 111A5_ 98
authorizing the City Manager or his designee to act to
accomplish new Neighborhood Improvement Program
Projects.
WHEREAS, the City of Yakima is a recipient of 1995 federal Community
Development Block Grant funds which may be used, among other things, for
Neighborhood Improvement Programs, and
WHEREAS, at its June 20, 1995 meeting, City Council reviewed and approved
the following projects to be funded with Community Development Block Grant
funds through Neighborhood Improvement Program. Southeast Cleanup $10,000,
North Central Neighborhood Coalition/Swan Park, $15,000, Carriage House, $10,000,
Ida Powell, $15,000, and
WHEREAS, the approved projects will be accomplished through contracts
between the City and the neighborhood group project sponsors, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager or his designee is hereby authorized to execute contract
documents on behalf of the City of Yakima, and to further act on behalf of the City of
Yakima to perform all other necessary and prudent actions required to be taken by
the City to accomplish the following Neighborhood Improvement Program projects,
such projects to be funded up to the amount indicated with 1995 federal Community
Development Block Grant funds Southeast Clean Up Project, $10,000, North
Central Neighborhood Coalition/Swan Park, $15,000, Carriage House/Habitat for
Humanity volunteer housing, $10,000, Southeast Neighborhood Improvement
Committed/Ida Powell estate, $15,000
ADOPTED BY THE CITY COUNCIL this �1~ day of ,Jv\
1995
ATTEST
• An-, ) L
City Clerk
lap/housing/neighborhood imp. prog. res 7/7/95 12:45 PM
RESOLUTION AUTHORIZING ACTIONS TO ACCOMPLISH
NEIGHBORHOOD IMPROVEMENT PROJECTS -- Page 1
CITY OF YAKIMA
OFFICE OF HOUSING AND NEIGHBORHOOD CONSERVATION
1. Contracting Organization: Housing Foundation
2. Address: 402 North Fourth Street Suite #300
Yakima, WA 98901
3. Phone: (509) 248-7802
4. Contact Person: Bruce Bullamore, Director of Housing Foundation
5. Title of Service or Program being funded: Neighborhood Improvement Program
Southeast Clean - Uprproject, sponsored by Pilgrim's Rest Baptist Church,
(Reverend John Everhart) and the Housing Foundation
6. Time Period: Beginning July 11, 1995
Ending July 11, 1996
7. Amount of Contract/Grant Award: $10,0(X)
8. This contract/grant award and the rights and obligations of both parties hereto shall be
subject to and governed by the following, incorporated by reference herein as is fully set
forth:
1) General terns and conditions attached hereto or Exhibit "A"
2) Scope of work attached hereto or Exhibit "B".
This contract constitutes the entire agreement between the parties. Either party may request
modification in the scope of services, project duration, performance or reporting standards, or
other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this contract signed by both parties. The City and
Contracting Organization agree that this contract shall he modified if necessary to achieve
compliance with requirements.
IN WITNESS THEREOF the parties have executed this contract as of the day and year
indicated below.
Dixie L. Kracht, Block Grant Manager
Signed.'
Dick'Zais,
ity an
cti ng-Organi-zat30n:
uce But ore,1Director
'l �'✓-'�?.oma
Housing Foundation
ohn ' . Everhart, Pilgrims Rest Baptist Church
7-
-f
Date
Date
CITY CONTRACT NO: J /
RESOLUTION NO:
TERMS AND CONDITIONS EXHIBIT "A"
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 the Contracting
Organization to undertake, and the Contracting Organization hereby agrees to undertake that
certain community development or housing assistance project described in Exhibit "B", Scope
of Work.
II. SUB -GRANT
A. Notice to Proceed
No work on the project shall occur prior to or without written approval from the City of
Yakima Office of Housing and Neighborhood Conservation (OHNC). OHNC shall
furnish the Contracting Organization with written notice to proceed upon release of funds
from HUD related to the project pursuant to 24 CFR Part 58.
B.The City hereby sub -grants to the Contracting Organization $ 10,000.00 for said project.
III. GENERAL BUDGET PROVISIONS
The Contracting Organization agrees to the following provisions in satisfying the terms and
conditions of this contract:
A. Payment and Disbursements.Dishursements by the City of Yakima from this contract/grant
award shall be on a reimbursement basis covering actual expenditures by the Contracting
Organization or obligation of the Contracting Organization currently due and owing, but not
paid. Disbursements shall he 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 OHNC of a written reimbursement request on forms
provided by the City of Yakima OHNC supported by copies of vouchers, invoices,
salary and wage summaries, or other acceptable documentation; and
2. Determination by the City of Yakima OHNC that the expenditures or obligations for
which reimbursement is sought constitute allowable costs under the principles set forth
in Federal Management Circular 74-4 and come within the Project Budget.
B. No payment shall he made for any service rendered by the Contracting Organization except
for services within the scope of a category set forth in Exhibit B of this Contract, and all
funds received must be used for service as identified in Exhibit "B" of this Contract.
C. 1. The Contracting Organization shall submit to the City of Yakima OHNC a written
request or approval of budget revision when a proposed revision would result in an
increase or decrease of ten percent (10%) or more in an approved budget subject
category. Written budget revision approval must be received by the Contracting
Organization prior to the Contracting Organization incurring any expenditures against
the revised budget sub -object categories.
2. When the revision of the Contracting Organization budget does not exceed ten percent
(10%) of an approved budget sub -object category, the Contracting Organization must
submit a revised budget to the City of Yakima OHNC prior to the submittal of claims
against the budget.
I V . COMMENCEMENT OF WORK
The City of Yakima OHNC shall furnish the Contracting Organization with written notice to
proceed upon release of funds from HUD related to the project. No work on the project shall
occur prior to the notice to proceed without written approval from the City of Yakima OHNC.
V. BILLING PROCEDURES
A. The Contracting Organization shall submit monthly written claims for reimbursement of
services performed under this contract in the manner prescribed in paragraph III above, and
as prescribed by the City of Yakima OHNC.
B. Claims for reimbursement by the Contracting Organization shall be submitted to the City of
Yakima, Office of Housing by the 10th day of each month following the month during
which the services were provided.
C. The City of Yakima, Office of Housing shall not process claims for reimbursement until all
supporting doucmentation is provided in the correct and proper format. The City of
Yakima, Office of Housing reserves the right to withhold payments pending timely delivery
of program reports or documents as may he required under this Contract.
V I. BUDGET ADJUSTMENTS
A. The City of Yakima, Office of Housing reserves the right to withdraw such funds as the
City of Yakima, Office of Housing may deem appropriate at any time while this contract is
in effect from the Budget of the Contracting Orgainization if the Contracting Organization is
no spending at a rate consistent with the approved Project Spending rate or is not providing
services at a level consistent with the approved Special Terms and Conditions.
B. The City of Yakima, Office of housing, shall notify the contracting Organization in writing
of a proposed transfer, at least 30 calendar days before the actual transference occures.
VII. LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to reduce substantially the amount of local financial support
for community development activities below the level of such support prior to the availability of
such assistance.
VIII. BUDGET SURPLUS
The Contracting Organization agrees that funds determined by the City of Yakima OHNC to be
surplus at the end of the year within the budget of this Contract will be subject to cancellation
by the City of Yakima OHNC and may he negotiated if they are to be included in future
contracts.
IX. COMPLIANCE WITH LAWS
A. GENERAL
The Contracting Organization, 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 but
not limited to, Federal Community Development Block Grant Regulations; and other
policies and guidelines established by the City of Yakima OHNC.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS
The following federal provisions may apply, among others, to this contract:
1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60,
Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601
(Discrimination prohibited).
2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and
HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures
are involved. The Contracting Organization shall provide whatever assistance is
necessary to enable the City of Yakima's Building Official to carry out its inspection
and certification responsibility under those regulations.
3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section
570.604.36 CFR Part 800, RCW 27.44.01(:) (Native American Burial Law), RCW
27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820
(Preservation of Historic Properties).
4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq.,
implementing regulations, and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as
amended, 33 USC Section 1251 et. seq.; and Environmental Protection Agency
regulations, 40 CFR Part 15.
6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section
1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses
and low income persons).
7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime
Compensation).
8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW
(Prevailing Wage Rates).
9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement
Standards) and Federal Management Circular, FMC 74-4.
10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, and regulations contained in 24 CFR Parts 42 and 570.
11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD
regulations with respect thereto including the regulations under 24 CFR Part 1. In the
sale, lease or other transfer of land acquired, cleared or improved with assistance
provided under this Agreement, the Contracting Organization shall cause or require a
covenant running with the land to be inserted in the deed or lease for such transfer,
prohibiting discrimination upon the iasis of race, color, religion, sex, or national
origin, in the sale, lease or rental, or in the use or occupancy of such land or any
improvements erected or to he erected thereon, and providing that the Contracting
Organization, the County, and the United States are beneficiaries of and entitled to
enforce such covenant. The Contracting Organization, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not itself so discriminate.
12. Environmental Review
1. NEPA
The City of Yakima OHNC retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under which the City
of Yakima OHNC may require the Contracting Organization to furnish data,
information and assistance for the City's review and assessment in determining whether
the City must prepare an Environmental Impact Statement.
2. SEPA
The Contract Organization retains responsibility for fulfilling the requirements of the
State Environmental Policy Act and regulations and ordinance adopted thereunder.
3. Compliance as Pre -Condition
Performance by either the City of Yakima OHNC or the Contracting Organization
under this Agreement shall he contingent upon satisfaction of all applicable
requirements of the National and State Environmental Policy Acts.
X . NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contracting Organization 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. The Contracting
Organization shall ensure that applicants are employed, and that employees are treated
during employment, without discrimination because of their race, color, religion, sex,
national origin, creed, marital status, age or the presence of any sensory, mental or physical
handicap. Such action shall include, but not he 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 Contracting Organization 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.
XI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contracting Organization 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 Contracting Organization 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 Contracting Organization shall take such action as
may he required to ensure full compliance with the provisions of this clause, including
sanctions for noncompliance.
XII. LICENSING AND PROGRAM STANDARDS
The Contracting Organization 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.
XIII. INSPECTION AND INFORMATION
A. At such times and on such forms as may he required, the Contracting Organization shall
furnish reports, statements, records, data and information as may he requested by the City
of Yakima OHNC, State, United States Government, or other funding agency pertaining to
matters covered by this Contract.
B. The Contracting Organization agrees that representatives of the City of Yakima, State and
United States Government may make periodic evaluation/inspection of the facilities,
records, and general performance of this Contract. The Contracting Organization further
agrees that such evaluation may he made on a quarterly basis or at other times deemed
reasonable and proper by these representatives.
C. The Contract Organization shall he required to make reasonable changes in the services as
completed or to he completed if said services fall below the standards and specifications set
forth in the Special Terms and Conditions, Project Description, or Statement of Work.
XIV. 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.
XV. ASSIGNMENT AND/OR SUBCONTRACTING
The Contracting Organization 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.
XVI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contracting Organization agrees to maintain books, records and documents and
accounting procedures and practices which accurately reflect all direct and indirect costs
related to the performance of this Contract. Such fiscal hooks, records, documents, reports
and other data shall be retained in a manner consistent with the "Budgeting, Accounting,
Reporting System for Counties and Cities, and Other Local Governments", hereinafter
referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The
Contracting Organization further agrees that the City of Yakima OHNC shall have the right
to monitor and audit the fiscal components of the organization to insure that actual
expenditures remain consistent with the terms of this Contract. The Contracting
Organization shall retain all hooks,records, documents and other material relevant to the
Contract for seven (7) years after settlement of this Contract. The Contracting Organization
agrees that the City of Yakima, the U.S.Department of Housing and Urban Development,
the Washington State Auditor, or their designees, shall have full access to and a right to
examine any of said materials at all reasonable times during said period.
B. The Contracting Organization agrees that any contributions or payments made for services
furnished under this agreement shall he used for the sole benefit of this program.
XVII. PROGRAM PROPERTY
Any personal property having a useful life of more than one year and purchased wholly or in
part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon
its purchase or receipt become the property of the City of Yakima and/or federal government.
Final ownership and disposition of such property shall he determined under the provisions of
Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such
property, including its care and maintenance, and shall comply with the following procedural
requirements:
1. Property records shall he 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 Klock grant funds used in the purchase of
property; Location, use, and condition of the property.
2. A physical inventory of property shall be taken and the results reconciled with the property
records at least once every two years to verify the existence, current utilization, and
continued need for the property.
3. A control system shall he in effect to insure adequate safeguards to prevent lose, damage,
or theft to the property. Any loss, damage, or theft of the property shall be investigated and
fully documented.
4. Adequate maintenance procedures shall he implemented to keep the property in good
condition.
5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item of cost, title to
such property shall remain with the Contracting Organization. An election to capitalize and
depreciate or claim acquisition cost as a direct item of cost shall he irrevocable.
6. Nonexpendable personal property purchased by the Contracting Organization under the
terms of this Contract, in which title is vested in the City of Yakima or Federal Government
shall not be rented, loaned, or otherwise passed to any person,partnership, corporation,
association or organization without the prior express approval of the City of Yakima
OHNC.
7. Any nonexpendable personal property furnished to, or purchased by, the Contracting
Organization, title to which is vested in the City of Yakima OHNC or federal government
shall, unless otherwise provided herein or approved by the Contracting Officer, be used
only for the performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal
property, title to which shall vest in the City of Yakima OHNC or federal government, the
Contracting Organization agrees to execute such security agreements and other documents
as shall be necessary for the City of Yakima OHNC or federal government to perfect its
interest in such property in accordance with the "Uniform Commercial Code -Secured
Transactions" as codified in Article 9 of Title 62A, RCW.
9. The Contracting Organization shall he responsible for any loss or damage to the property of
the City of Yakima OHNC or federal government (including expenses entered thereunto)
which results from negligence, willful misconduct, or lack of good faith on the part of the
Contracting Organization to maintain and administer in accordance with sound management
practices that property, to ensure that the property will he returned to the City of Yakima
OHNC or federal government in like condition to that in which condition the property was
acquired by purchase, fair wear and tear accepted.
XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY
The Contracting Organization agrees to maintain program records and reports including
statistical information and to make such records available for inspection by the City or its
designee in order for the City to he assured that program services remain consistent with the
terns of this contract. The Contracting Organization further agrees to provide written program
statistical information to the City of Yakima OHNC in a manner prescribed by the Office at
times as may he requested by the Office.
XIX. RELATIONSHIP OF THE PARTIES
A. The parties intend that an independent contractor/city relationship will he created by this
Contract. The City of Yakima ()HNC is interested only in the results to he achieved, the
implementation of services will lie solely with the Contracting Organization. No agent,
employee, or representatives of the Contracting Organization shall he deemed to be an
employee, agent, servant or representative of the City of Yakima for any purpose, and the
employees of the Contracting Organization are not entitled to any of the benefits the City of
Yakima provides for City Employees. The Contracting Organization 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.
X X . QUARTERLY REPORT
The Contracting Organization agrees to submit a written quarterly report to the City of Yakima
OHNC outlining the progress of work listed in Exhibit B..
XXI. INSURANCE
A. Public Liability and Property Damage.The Contractor shall maintain during the life of this
Contract public liability and property damage insurance covering the Contractor's services
hereunder in the sum of not less than twenty thousand dollars for injury or damage to
property and fifty thousand dollars for injury or damage, including death, to any one
person and one hundred thousand dollars for injury or damage, including death, to more
than one person. Insurance shall cover work done by the Contractor or subcontractors and
shall protect, as named insured, the City from suits or claims for damages arising from
operations under this Contract or actions of the Contractor, subcontractors, and employees
either direct or indirect.
B Workmans compensation.The Contactor agrees to pay all premiums provided for by the
Workman's Compensation Act of the State of Washington.
X X I I. INDEMNIFICATION
All services to be rendered or performed under this Contract will be performed or rendered
entirely at the Contracting Organization's own risk and the Contracting Organization expressly
agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise,
from any and all liability, loss or damage they may suffer as a result of claims, demands,
actions, or damages to any and all persons or property, costs, or judgements against which
result from, arise out of, or are in any way connected with the services to be performed by the
Contracting Organization under this Contract.
XXIII. HOLD HARMLESS
All services to be rendered or performed under this Contract will be performed or rendered
entirely at the Contracting Organization's own risk and the Contracting Organization expressly
agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents,
employees, or otherwise, from any and all liahility, loss 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 property, costs or judgements against the City of Yakima which result from, arise
out of, or are in any way connected with the services to he performed by the Contracting
Organization under this Contract.
XXIV. CONTRACT, TERMINATION AND CLOSE OUT
If the Contracting Organization fails to comply with the terms and conditions of this Contract,
the City of Yakima OHNC 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 CauseIf the Contracting Organization 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 OHNC deems continuation of this Contract to be
substantially non -beneficial to the public interest;
2. The Contracting Organization has failed to take satisfactory corrective action as
directed by the City of Yakima OHNC or its authorized representative within the time
specified by same;
3. The Contracting Organization has failed within the time specified by the City of
Yakima OHNC or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima OHNC may terminate this contract in whole or in part, and thereupon
shall notify the Contracting Organization of the termination, the reasons therefore and the
effective date provided such effective date shall not he prior to notification to the
Contracting Organization. After this effective date, no charges incurred under any
terminated portions are allowable.
B. Terminations on Other GroundsThis Contract may also be terminated in whole or in part by
mutual agreement of the parties.
C. Termination for Withdrawal, Reduction or Limitation of Fundingln 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
OHNC may summarily terminate this Contract as to the funds reduced or limited,
nonwithstanding any other termination provision of this contract. If the level of funding so
reduced or limited is so great that the City of Yakima OHNC deems that the continuation of
the program covered by this contract is no longer in the hest interest of the public, the City
of Yakima OHNC may summarily terminate this contract in whole nonwithstanding any
other termination provisions of this contract. Termination under this Section shall be
effective upon receipt of written notice by the Contracting Organization or its
representative.
The City of Yakima OHNC agrees to promptly notify the Contracting Organization of any
proposed reduction in funding by Federal or other officials. The Contracting Organization
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 agreement may further he terminated by the City of Yakima upon written demand by the
City of Yakima OHNC 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. Close-outln 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 Contacting Organization, the City of Yakima shall make
or arrange for payment to the Contracting Organization of allowable reimbursable costs
not covered by previous payments;
2. The Contracting Organization 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 close-out of this Contract,
the City of Yakima OHNC retains the right to withhold a just and reasonable sum from
the final payment to the Contracting Organization after fully considering the
recommendation on disallowed costs resulting from the final audit.
XXV. 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 Kona fide employees or bona fide
established commercial or selling agency maintained by the Contractor for the purpose of
securing business. The City of Yakima OHNC shall have the right, in the event of
breach of this clause by the Contactor, 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.
XXVI. CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate the right of the Contractor to proceed under 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
he 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. The existence of facts upon which the City of
Yakima makes any determination under this clause shall he an issue and may be reviewed
as provided in the "Disputes" clause of this Agreement.
XXVII. RIGHTS IN DATA
The City of Yakima OHNC 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 contact such license shall he 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 OHNC, 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 OHNC, 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 OHNC shall have the right
at any time to modify, remove, obliterate, or ignore such markings.
XXIX. RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award unless otherwise provided herein,
the inconsistency shall be resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and regulations including HUD
Community Development Block Grant Regulations.
2. General Terns and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein, including the statement of
work/project description, approved H.UD grant budget, in the order in which attached, and
4. Any other provisions whether incorporated by reference herein or otherwise provided that
nothing herein shall be construed as giving preference to provisions of this contract/grant
award over any provisions of law.
XXX . VENUE STIPULATION
This Contract has been and shall he construed as having been entered into and delivered within
the State of Washington, and it is mutually understood and greed by each party hereto that this
Contract shall be governed by laws of the State of Washington, both as to interpertation and
performance.
Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or
any provisions thereof, shall he instituted and maintained only in any of the courts of
competent jurisdiction at Yakima in Yakima County, Washington.
X X X I. MODIFICATION
Either party may request changes in this Contract, however, no change or addition to this
Contract shall he 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.
XXXII. 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 he illegal, the validity of the remaining provisions shall not be
affected; and the rights and obligations of the parties shall be construed and enforced as if the
Contract did not contain the particular provision held to be invalid. If it should appear that any
provision hereof is in conflict with any statutory provision of the United States or the State of
Washington, said provision which may conflict, therewith, and shall be deemed modified to
conform to such statutory provision.
XXXIII. PROGRAM INCOME
Any program income shall he accounted for by the Contractor, over the contract time period,
shall he reported to the City. Income is to he used to continue or benefit the program, as
determined by the intent and purpose of the project.
X X X I V. CONFLICT OF INTEREST
No member, officer, or employee of the City of Yakima, or the Contracting Organization, or
assignees or agents, no member of the governing body of the City of Yakima, and no other
public official of the City of Yakima or such other localities who exercises any functions or
responsibilities with respect to the program during his tenure or for one year thereafter, shall
have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for
work to he performed in connection with a City of Yakima Block Grant funded program.
EXHIBIT "B"
SCOPE OF WORK
PROJECT TITLE:
SOUTHEAST CLEAN UP PROJECT
CONTRACTING ORGANIZATION:
HOUSING FOUNDATION
1. DESCRIPTION OF PROJECT:
(Detailed description statement of the project/program,
purpose of project/program, needs to be addresses and
problems to be solved.)
This project will involve the 1300 block of South 7th and 8th Street. The neighborhood
volunteers plan to remove abandoned cars, garbage and trash from alleys, yards and
vacant lots in the area. With funds from this grant they plan to paint approximately 20
houses and make minor exterior repairs to the homes and community facilities,
landscape the right of way and plant grass on a vacant lot to develop a neighborhood
playground. This project will help to preserve and improve the housing stock in the
area, act to create an effective neighborhood community, develop pride and visual
improvement to a depressed area and create a neighborhood play area. It will provide
direct benefits to at least twenty low/median income families.
2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when,
indicators of progress/accomplishments.)
Estimated Time Line Activities to be Accomplished
July 20, 1995 - August 1, 1995
July 24, 1995 - August 6, 1995
August 6 1995 - August 31, 1995
Identify first 6 homes to be painted
Submit required documentation to show
residents' income as verification of direct
benefit to low/median income families
Prime first 6 homes
Identify and verify income on second 6
homes
Paint first 6 homes
Prime second 6 homes
Identify and verify income on third 6
homes
August 27, 1995 - September 23, 1995 Paint second 6 homes
Prime third 6 homes
Organize Cleanup crews
September 23, 1995 - October 30, 1995 Paint third 6 homes
Clean up alleys, vacant Tots and
community facilities
Plant grass and trees
November 1, 1995
Meet with Block Grant Manager and
evaluate project completion or need for
additional time
Review funds remaining in grant for
additional work during spring of 1996
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization:The Housing Foundation
2. Address: C/O 107 South 6th Street
Yakima, WA 98901
3. Phone: (509) 248-7802
4. Contact Person:Phil Hoge, Project Director
S-? (-7YC(cJ
5. Title of Service or Program being Funded:Swan Avenue Park
6. Time Period: Beginning July 11, 1995
Ending July 11, 1996
7. Amount of Contract/Grant Award:$15,000.00
8. This contract/grant award and the rights and obligations of both parties
hereto shall be subject to and governed by the following, incorporated
by reference herein as is fully set forth:
1) General terms and conditions attached hereto or Exhibit "A",
2) Scope of work attached hereto or Exhibit "B".
This contract constitutes the entire agreement between the parties.
Either party may request modification in the scope of services, project
duration, performance or reporting standards, or other terms or conditions
herein. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this contrct signed by both parties. The
City and Contracting Organization agree that this contract shall be modified
if necessary to achieve compliance with requirements.
IN WITNESS THEREOF the parties have executed this contract as of the day
and year indicated below.
o'i (
Dixie L. Kracht, Block Grant Manager
h4cR A. Zais, J., City Manager
(c z(6 )
Signature Fon Contracting Organization
Title 7. )-bd6.:c..irl
1
Date
Dat
Date
CITY CONTRACT NO: 15q — /148
RESOLUTION NO: °� t
TERMS AND CONDITIONS EXHIBIT "A"
I. 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 the Contracting
Organization to undertake, and the Contracting Organization
hereby agrees to undertake that certain community development
or housing assistance project described in Exhibit "B", Scope
of Work.
II. SUB -GRANT
A. Notice to Proceed
No work on the project shall occur prior to or without
written approval from the City of Yakima Office of
Neighborhood Development Services (OND) shall furnish
the Contracting Organization with written notice to
proceed upon release of funds from HUD related to the
project pursuant to 24 CFR Part 58.
B. The City hereby sub -grants to the Contracting
Organization $15,000.00 for said project.
III. GENERAL BUDGET PROVISIONS
The Contracting Organization 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
Contracting Organization or obligation of the
Contracting Organization 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 OND of a written
reimbursement request on forms provided by the City
of Yakima OND supported by copies of vouchers,
invoices, salary and wage summaries, or other
acceptable documentation; and
2. Determination by the City of Yakima OND that the
expenditures or obligations for which reimbursement
is sought constitute allowable costs under the
principles set forth in Federal Management Circular
74-4 and come within the Project Budget.
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B. No payment shall be made for any service rendered by the
Contracting Organization except for services within the
scope of a category set forth in the budget in Exhibit
"B" of this Contract, and all funds received must be
used for service as identified in Exhibit "B" of this
Contract.
C. 1. The Contracting Organization shall submit to the
City of Yakima OND a written request for approval
of budget revision when a proposed revision would
result in an increase or decrease of ten percent
(10%) or more in an approved budget subject
category. Written budget revision approval must be
received by the Contracting Organization prior to
the Contracting Organization incurring any
expenditures against the revised budget sub -object
categories.
2. When the revision of the Contracting Organization
budget does not exceed ten percent (10%) of an
approved budget sub -object category, the
Contracting Organization must submit a revised
budget to the City of Yakima OND prior to the
submittal of claims against the budget.
IV. COMMENCEMENT OF WORK
The City of Yakima OND shall furnish the Contracting
Organization with written notice to proceed upon release of
funds from HUD related to the project. No work on the
project shall occur prior to the notice to proceed without
written approval from the City of Yakima OND.
V. BILLING PROCEDURES
A. The Contracting Organization shall submit monthly
written claims for reimbursement of services performed
under this contract in the manner prescribed in
paragraph III above, and as prescribed in the City of
Yakima OND.
B. The City of Yakima OND, shall notify the Contracting
Organization in writing of a proposed transfer, at least
thirty (30) calendar days before the actual
transference occurs.
VII. LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to reduce substantially
the amount of local financial support for community
development activities below the level of such support prior
to the availability of such assistance.
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VIII. BUDGET SURPLUS
The Contracting Organization agrees that funds determined by
the City of Yakima OND to be surplus at the end of the year
within the budget of this Contract will be subject to
cancellation by the City of Yakima OND and may be negotiated
if they are to be included in future contracts.
IX. COMPLIANCE WITH LAWS
A. GENERAL
The Contracting Organization, 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 but not limited
to, Federal Community Development Block Grant
Regulations; and other policies and guidelines
established by the City of Yakima OHNC.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS
The following federal provisions may apply, among
others, to this contract:
1. Office of Federal Contract Compliance Programs
regulations, 41 CFR Part 60, Executive Order 11246
as amended by Executive Order 12086, and 24 CFR
570.601 (Discrimination prohibited).
2. The Lead Based Paint Poisoning Prevention Act, 42
USC Section 4831 et seq., and HUD regulations
implementing the Act, 24 CFR Part 35, where,
residential structures are involved. The
Contracting Organization shall provide whatever
assistance is necessary to enable the City of
Yakima's Building Official to carry out its
inspection and certification responsibility under
those regulations.
3. Historic and Archaeological Preservation
requirements as set forth in 24 CFR Section
570.604.36 CFR Part 800, RCW 27.44.010 (Native
American Burial Law), RCW 27.53.010-.090
(Protection of Archaeological Resources), and RCW
43.51.750-.820 (Preservation of Historic
Properties).
4. Architectural Barriers Act of 1968 as amended, 42
USC Section 4151 et seq., implementing regulations,
and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC 1857 et seq; Water
Pollution Control Act, as amended, 33 USC Section
4
1251 et. seq.; and Environmental Protection Agency
regulations, 40 CFR Part 15.
6. Section 3 of the Housing and Urban Development Act
of 1968 (12 USC Section 1701u) and 24 CFR Part 135
(Employment opportunities for project area
businesses and low income persons).
7. Contract Work Hours and Safety Standards Act, 40
USC 327-333, (Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5,
and Chapter 3-.12 RCW (Prevailing Wage Rates).
9. Attachment 0 of the Office of Management and Budget
Circular, A-102 (Procurement Standards) and Federal
Management Circular, FMC 74-4.
10. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, and
regulations contained in 24 CFR Parts 42 and 570.
11. Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) as amended, and HUD regulations with respect
thereto including the regulations under 24 CFR Part
1. In the sale, lease or other transfer of land
acquired, cleared or improved with assistance
provided under this Agreement, the Contracting
Organization shall cause or require a covenant
running with the land to be inserted in the deed or
lease for such transfer, prohibiting discrimination
upon the basis of race, color, religion, sex, or
national origin, in the sale, lease or rental, or
in the use or occupancy of such land or any
imprnvements erected or to bc, eruct-oc-i thereon, and
providing that the contracting Organization, the
County, and the United States are beneficiaries of
and entitled to enforce such covenant. The
Contracting Organization, in undertaking its
obligation in carrying out the program assisted
hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not
itself so discriminate.
12. Environmental Review
1. NEPA
The City of Yakima OHNC retains environmental
review responsibility for purposes of
fulfilling requirements of the National
Environmental Policy Act, under which the City
of Yakima OHNC may require the Contracting
Organization to furnish data, information and
assistance for the City's review and
assessment in determining whether the City
must prepare an Environmental Impact
Statement.
2. SEPA
The Contract Organization retains
responsibility for fulfilling the requirements
of the State Environmental Policy Act and
regulations and ordinance adopted thereunder.
3. Compliance as Pre -Condition
Performance by either the City of Yakima OND
or the Contracting Organization under this
Agreement shall be contingent upon
satisfaction of all applicable requirements of
the National and State Environmental Policy
Acts.
X. NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contracting Organization 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. The Contracting
Organization shall ensure that applicants are employed,
and that employees are treated during employment,
without discrimination because of their race, color,
religion, sex, national origin, creed, 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 Contracting Organization 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.
XI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contracting Organization 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;
6
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 Contracting Organization 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
Contracting Organization shall take such action as may
be required to ensure full compliance with the
provisions of this clause, including sanctions for
noncompliance.
XII. LICENSING AND PROGRAM STANDARDS
The Contracting Organization 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.
XIII.INSPECTION AND INFORMATION
A. At such times and on such forms as may be required, the
Contracting Organization shall furnish reports,
statements, records, data and information as may be
requested by the City of Yakima OND, State, United
States Government, or other funding agency pertaining to
matters covered by this Contract.
B. The Contracting Organization agrees that representatives
of the City of Yakima, State and United States
Government may make periodic evaluation/inspection of
the facilities, records, and general performance of this
Contract. The Contracting Organization further agrees
that such evaluation may be made on a quarterly basis or
7
at other times deemed reasonable and proper by these
representatives.
C. The Contract Organization shall be required to make
reasonable changes in the services as completed or to be
completed if said services fall below the standards and
specifications set forth in the Special Terms and
Conditions, Project Description, or Statement of Work.
XIV. 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.
XV. ASSIGNMENT AND/OR SUBCONTRACTING
The Contracting Organization 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.
XVI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contracting Organization agrees to maintain books,
records and documents and accounting procedures and
practices which accurately reflect all direct and
indirect costs related to the performance of this
Contract. Such fiscal books, records, documents,
reports and other data shall be retained in a manner
consistent with the "Budgeting, Accounting, Reporting
System for Counties and Cities, and Other Local
Governments", hereinafter referred to as "BARS", as
issued by the Office of State Auditor, State of
Washington. The Contracting Organization further agrees
that the City of Yakima OND shall have the right to
monitor and audit the fiscal components of the
organization to insure that actual expenditures remain
consistent with the terms of this Contract. The
Contracting Organization shall retain all books,records,
documents and other material relevant to the Contract
for seven (7) years after settlement of this Contract.
The Contracting Organization agrees that the City of
Yakima, the U.S.Department of Housing and Urban
Development, the Washington State Auditor, or their
designees, shall have full access to and a right to
examine any of said materials at all reasonable times
during said period.
8
B. The Contracting Organization agrees that any
contributions or payments made for services furnished
under this agreement shall be used for the sole benefit
of this program.
XVII. PROGRAM PROPERTY
Any personal property having a useful life of more than one
year and purchased wholly or in part with sub -grant funds at
a cost of three hundred dollars ($300) or more per item,
shall upon its purchase or receipt become the property of the
City of Yakima and/or federal government. Final ownership
and disposition of such property shall be determined under
the provisions of Attachment N of OMB, A-102. The Contracting
Organization shall be responsible for all such property,
including its care and maintenance, and shall comply with
the following procedural requirements:
1. Property records shall be maintained accurately and
provide for: A description of the property;
manufacturer's serial number or other identification
number; acquisition date and cost; source of the
property; percentage of block grant funds used in the
purchase of property; location, use, and condition of
the property.
2. A physical inventory of property shall be taken and the
results reconciled with the property records at least
once every two years to verify the existence, current
utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate
safeguards to prevent lose, damage, or theft to the
property. Any loss, damage, or theft of the property
shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to
keep the property in good condition.
5. If the Contracting Organization elects to capitalize and
depreciate such nonexpendable personalproperty in lieu
of claiming the acquisition cost as a direct item of
cost, title to such property shall remain with the
Contracting Organization. An election to capitalize and
depreciate or claim acquisition cost as a direct item of
cost shall be irrevocable.
6. Nonexpendable personal property purchased by the
Contracting Organization under the terms of this
Contract, in which title is vested in the City of Yakima
or Federal Government shall not be rented, loaned, or
otherwise passed to any person,partnership, corporation,
association or organization without the prior express
9
approval of the City of Yakima OND.
7. Any nonexpendable personal property furnished to, or
purchased by, the Contracting Organization, title to
which is vested in the City of Yakima OND or federal
government shall, unless otherwise provided herein or
approved by the Contracting Officer, be used only for
the performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the
purchase of nonexpendable personal property, title to
which shall vest in the City of Yakima OND or federal
government, the Contracting Organization agrees to
execute such security agreements and other documents as
shall be necessary for the City of Yakima OND or
federal government to perfect its interest in such
property in accordance with the "Uniform Commercial Code -
Secured Transactions" as codified in Article 9 of Title
62A, RCW.
9. The Contracting Organization shall be responsible for
any loss or damage to the property of the City of Yakima
OND or federal government (including expenses entered
thereunto) which results from negligence, willful
misconduct, or lack of good faith on the part of the
Contracting Organization to maintain and administer in
accordance with sound management practices that
property, to ensure that the property will be returned
to the City of Yakima OND or federal government in like
condition to that in which condition the property was
acquired by purchase, fair wear and tear accepted.
XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY
The Contracting Organization agrees to maintain program
records and reports including statistical information
and to make such records available for inspection by the
City or its designee in order for the City to be assured
that program services remain consistent with the terms
of this contract. The Contracting Organization further
agrees to provide written program statistical
information to the City of Yakima OND in a manner
prescribed by the Office at times as may be requested by
the Office.
XIX. RELATIONSHIP OF THE PARTIES
A. The parties intend that an independent contractor/city
relationship will be created by this Contract. The City
of Yakima OND is interested only in the results to be
achieved, the implementation of services will lie solely
with the Contracting Organization. No agent, employee,
or representatives of the Contracting Organization shall
be deemed to be an employee, agent, servant or
10
representative of the City of Yakima for any purpose,
and the employees of the Contracting Organization are
not entitled to any of the benefits the City of Yakima
provides for City Employees. The Contracting
Organization 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.
XX. QUARTERLY REPORT
The Contracting Organization agrees to submit a written
quarterly report outlining the progress of Exhibit B, to the
City of Yakima.
XXI. INSURANCE
A. Public Liability and Property Damage. The Contractor
shall maintain during the life of this Contract public
liability and property damage insurance covering the
Contractor's services hereunder in the sum of not less
than twenty thousand dollars for injury or damage to
property and fifty thousand dollars for injury or
damage, including death, to any one person and one
hundred thousand dollars for injury or damage, including
death, to more than one person. Insurance shall cover
work done by the Contractor or subcontractors and shall
protect, as named insured, the City from suits or claims
for damages arising from operations under this Contract
or actions of the Contractor, subcontractors, and
employees either direct or indirect.
B. Workmans compensation. The Contractor agrees to pay
all premiums provided for by the Workman's Compensation
Act of the State of Washington.
XXII.INDEMNIFICATION
All services to be rendered or performed under this Contract
will be performed or rendered entirely at the Contracting
Organization's own risk and the Contracting Organization
expressly agrees to indemnify the City of Yakima and all of
its officers, agents, employees, or otherwise, from any and
all liability, loss or damage they may suffer as a result of
claims, demands, actions, or damages to any and all persons
or property, costs, or judgements against which result from,
arise out of, or are in any way connected with the services
to be performed by the Contracting Organization under this
Contract.
XXIII.HOLD HARMLESS
All services to be rendered or performed under this Contract
will be performed or rendered entirely at the Contracting
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Organization's own risk and the Contracting Organization
expressly agrees to indemnify and hold harmless the City of
Yakima and all of its officers, agents, employees, or
otherwise, from any and all liability, loss 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 property, costs or judgements against the City of
Yakima which result from, arise out of, or are in any way
connected with the services to be performed by the
Contracting Organization under this Contract.
XXIV.CONTRACT, TERMINATION AND CLOSE OUT
If the Contracting Organization fails to comply with the
terms and conditions of this Contract, the City of Yakima
OHNC 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 Contracting
Organization 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 OND deems continuation of this Contract
to be substantially non -beneficial to the public
interest;
2. The Contracting Organization has failed to take
satisfactory corrective action as directed by the
City of Yakima OND or its authorized
representative within the time specified by same;
3. The Contracting Organization has failed within the
time specified by the City of Yakima OND or its
authorized representative to satisfactorily
substantiate its compliance with the terms and
conditions of this Contract, then:
The City of Yakima OND may terminate this contract
in whole or in part, and thereupon shall notify the
Contracting Organization of the termination, the
reasons therefore and the effective date provided
such effective date shall not be prior to
notification to the Contracting Organization.
After this effective date, no charges incurred
under any terminated portions are allowable.
B. Terminations on Other Grounds This Contract may also be
terminated in whole or in part by mutual agreement of
the parties.
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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 OHNC may
summarily terminate this Contract as to the funds
reduced or limited, nonwithstanding any other
termination provision of this contract. If the level
of funding so reduced or limited is so great that the
City of Yakima OND 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 OND may
summarily terminate this contract in whole
nonwithstanding any other termination provisions of this
contract. Termination under this Section shall be
effective upon receipt of written notice by the
Contracting Organization or its representative.
The City of Yakima OHNC agrees to promptly notify the
Contracting Organization of any proposed reduction in
funding by Federal or other officials. The Contracting
Organization 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 agreement may further be terminated by the City of
Yakima upon written demand by the City of Yakima OND
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. Close-out 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 Contracting
Organization, the City of Yakima shall make or
arrange for payment to the Contracting Organization
of allowable reimbursable costs not covered by
previous payments;
2 The Contracting Organization 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 close-out of this Contract, the
City of Yakima OND retains the right to withhold a
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just and reasonable sum from the final payment to
the Contracting Organization after fully
considering the recommendation on disallowed costs
resulting from the final audit.
XXV. 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 OND 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.
XXVI.CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate the right of the Contractor to proceed under
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. The existence of facts upon
which the City of Yakima makes any determination under
this clause shall be an issue and may be reviewed as
provided in the "Disputes" clause of this Agreement.
XXVII.RIGHTS IN DATA
The City of Yakima OHNC 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,
14
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 OND, 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 OND, 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 OND shall have the right at any
time to modify, remove, obliterate, or ignore such markings.
XXIX.RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award
unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and
regulations including HUD Community Development Block
Grant Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein,
including the statement of work/project description,
approved HUD grant budget, in the order in which
attached, and
4. Any other provisions whether incorporated by reference
herein or otherwise provided that nothing herein shall
be construed as giving preference to provisions of this
contract/grant award over any provisions of law.
XXX. VENUE STIPULATION
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 greed by each party hereto
that this Contract shall be governed by laws of the State of
Washington, both as to interpertation and performance.
Any action at law, suite in equity, or judicial proceeding
for the enforcement of this Contract or any provisions
thereof, shall be instituted and maintained only in any of
15
the courts of competent jurisdiction at Yakima in Yakima
County, Washington.
XXXI.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.
XXXII.SEVERABILITY
It is understood and agreed by the parties hereto that if any
part, term, or provision of this Contract is held by the
courts to be illegal, the validity of the remaining
provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as
if the Contract did not contain the particular provision held
to be invalid. If it should appear that any provision hereof
is in conflict with any statutory provision of the United
States or the State of Washington, said provision which may
conflict, therewith, and shall be deemed modified to conform
to such statutory provision.
XXXIII.PROGRAM INCOME
Any program income shall be accounted for by the Contractor,
over the contract time period, shall be reported to the City.
Income is to be used to continue or benefit the program, as
determined by the intent and purpose of the project.
XXXIV.CONFLICT OF INTEREST
No member, officer, or employee of the City of Yakima, or the
Contracting Organization, or assignees or agents, no member
of the governing body of the City of Yakima, and no other
public official of the City of Yakima or such other
localities who exercises any functions or responsibilities
with respect to the program during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with a City of Yakima
Block Grant funded program.
16
EXHIBIT "B"
SCOPE OF WORK
Swan Avenue Park
PROJECT TITLE
The Housing Foundation
CONTRACTING ORGANIZATION:
1. DESCRIPTION OF PROJECT:
(Detailed description statement of the project/program,
purpose of project/program, needs to be addressed and
problems to be solved).
This project will design and develop a 1.8 acre park on
vacant city -owned land that has been officially designated as
a park site for over 10 years but never developed due to lack
of funds. It has been formulated in close collaboration with
the City's Parks Department staff and is supported by the
City's Parks and Recreation Commission.
2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM:
(How, by whom, when, indicators of progress/accomplishments).
May 1995 Purchase and install water meter.
May 1995 Topographic survey of site.
July 1995 Establish site plan with input from
neighborhood and parks department.
August 1995 Apply for class 2 zoning review
Oct. -Dec. 1995 Solicit donations and volunteers for
construction.
Jan. 1996
Feb. 1996
Feb. 1996
March 1996
Complete construction specifications.
Bid or negotiate construction contracts.
Schedule volunteer labor and donations.
Award contracts for construction.
March -May 1996 Construct park.
NOTE:If the City Parks Department's grant application to the state
(IAC) is successful, we would need to adjust our 1996 time line to
accomodate IAC's schedule.
17
8
CITY OF YAKIMA
OFFICE OF HOUSING AND NEIGHBORHOOD CONSERVATION
1. Contracting Organization: Housing Foundation
2. Address: 402 North Fourth Street Suite #300
Yakima, WA 98901
3. Phone: (509) 248-7802
4. Contact Person: Bruce Bullamore, Director of Housing Foundation
5. Title of Service or Program being funded: Neighborhood Improvement Program
Carriage House project sponsored by the Housing Foundation
6. Time Period: Beginning July 11, 1995
Ending July 11, 1996
7. Amount of Contract/Grant Award: $10,000
8. This contract/grant award and the rights and obligations of both parties hereto shall be
subject to and governed by the following, incorporated by reference herein as is fully set
forth:
1) General terms and conditions attached hereto or Exhibit "A"
2) Scope of work attached hereto or Exhibit "B".
This contract constitutes the entire agreement between the parties. Either party may request
modification in the scope of services, project duration, performance or reporting standards, or
other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this contract signed by both parties. The City and
Contracting Organization agree that this contract shall be modified if necessary to achieve
compliance with requirements.
IN WITNESS THEREOF the parties have executed this contract as of the day and year
indicated below.
Signed:
xie L. Kracht, Block Grant Manager
Dick ., ity anage
For Contracting Organic
ising Foundation
Date
CITY CONTRACT NO:
RESOLUTION NO:
9,5=1
TERMS AND CONDITIONS EXHIBIT "A"
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 the Contracting
Organization to undertake, and the Contracting Organization hereby agrees to undertake that
certain community development or housing assistance project described in Exhibit "B", Scope
of Work.
II. SUB -GRANT
A. Notice to Proceed
No work on the project shall occur prior to or without written approval from the City of
Yakima Office of Housing and Neighborhood Conservation (OHNC). OHNC shall
furnish the Contracting Organization with written notice to proceed upon release of funds
from HUD related to the project pursuant to 24 CFR Part 58.
B.The City hereby sub -grants to the Contracting Organization $ 10,000.00 for said project.
III. GENERAL BUDGET PROVISIONS
The Contracting Organization 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 Contracting
Organization or obligation of the Contracting Organization currently due and owing, but not
paid. Disbursements shall he limited to allowable costs and so shall he 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 OHNC of a written reimbursement request on forms
provided by the City of Yakima'OHNC supported by copies of vouchers, invoices,
salary and wage summaries, or other acceptable documentation; and
2. Determination by the City of Yakima OHNC that the expenditures or obligations for
which reimbursement is sought constitute allowable costs under the principles set forth
in Federal Management Circular 74-4 and come within the Project Budget.
B. No payment shall be made for any service rendered by the Contracting Organization except
for services within the scope of a category set forth in Exhibit B of this Contract, and all
funds received must be used for service as identified in Exhibit "B" of this Contract.
C. 1. The Contracting Organization shall submit to the City of Yakima OHNC a written
request or approval of budget revision when a proposed revision would result in an
increase or decrease of ten percent (10%) or more in an approved budget subject
category. Written budget revision approval must he received by the Contracting
Organization prior to the Contracting Organization incurring any expenditures against
the revised budget sub -object categories.
2. When the revision of the Contracting Organization budget does not exceed ten percent
(10%) of an approved budget sub -object category, the Contracting Organization must
submit a revised budget to the City of Yakima OHNC prior to the submittal of claims
against the budget.
I V . COMMENCEMENT OF WORK
The City of Yakima OHNC shall furnish the Contracting Organization with written notice to
proceed upon release of funds from HUD related to the project. No work on the project shall
occur prior to the notice to proceed without written approval from the City of Yakima OHNC.
V. BILLING PROCEDURES
A. The Contracting Organization shall submit monthly written claims for reimbursement of
services performed under this contract in the manner prescribed in paragraph III above, and
as prescribed by the City of Yakima OHNC.
B. Claims for reimbursement by the Contracting Organization shall be submitted to the City of
Yakima, Office of Housing by the 10th day of each month following the month during
which the services were provided.
C. The City of Yakima, Office of Housing shall not process claims for reimbursement until all
supporting doucmentation is provided in the correct and proper format. The City of
Yakima, Office of Housing reserves the right to withhold payments pending timely delivery
of program reports or documents as may he required under this Contract.
VI. BUDGET ADJUSTMENTS
A. The City of Yakima, Office of Housing reserves the right to withdraw such funds as the
City of Yakima, Office of Housing may deem appropriate at any time while this contract is
in effect from the Budget of the Contracting Orgainization if the Contracting Organization is
no spending at a rate consistent with the approved Project Spending rate or is not providing
services at a level consistent with the approved Special Terms and Conditions.
B. The City of Yakima, Office of housing, shall notify the contracting Organization in writing
of a proposed transfer, at least 30 calondar days before the actual transference occures.
VII. LOCAL FINANCIAL SUPPORT
The sub -grant shall not he utilized to reduce substantially the amount of local financial support
for community development activities below the level of such support prior to the availability of
such assistance.
VIII. BUDGET SURPLUS
The Contracting Organization agrees that funds determined by the City of Yakima OHNC to be
surplus at the end of the year within the budget of this Contract will be subject to cancellation
by the City of Yakima OHNC and may he negotiated if they are to be included in future
contracts.
IX. COMPLIANCE WITH LAWS
A. GENERAL
The Contracting Organization, 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 but
not limited to, Federal Community Development Block Grant Regulations; and other
policies and guidelines established by the City of Yakima OHNC.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS
The following federal provisions may apply, among others, to this contract:
1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60,
Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601
(Discrimination prohibited).
2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and
HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures
are involved. The Contracting Organization shall provide whatever assistance is
necessary to enable the City of Yakima's Building Official to carry out its inspection
and certification responsibility under those regulations.
3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section
570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW
27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820
(Preservation of Historic Properties).
4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq.,
implementing regulations, and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as
amended, 33 USC Section 1251 et. seq.; and Environmental Protection Agency
regulations, 40 CFR Part 15.
6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section
1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses
and low income persons).
7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime
Compensation).
8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW
(Prevailing Wage Rates).
9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement
Standards) and Federal Management Circular, FMC 74-4.
10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, and regulations contained in 24 CFR Parts 42 and 570.
11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD
regulations with respect thereto including the regulations under 24 CFR Part 1. In the
sale, lease or other transfer of land acquired, cleared or improved with assistance
provided under this Agreement, the Contracting Organization shall cause or require a
covenant running with the land to he inserted in the deed or lease for such transfer,
prohibiting discrimination upon the basis of race, color, religion, sex, or national
origin, in the sale, lease or rental, or in the use or occupancy of such land or any
improvements erected or to be erected thereon, and providing that the Contracting
Organization, the County, and the United States are beneficiaries of and entitled to
enforce such covenant. The Contracting Organization, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not itself so discriminate.
12. Environmental Review
1. NEPA
The City of Yakima OHNC retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under which the City
of Yakima OHNC may require the Contracting Organization to furnish data,
information and assistance for the City's review and assessment in determining whether
the City must prepare an Environmental Impact Statement.
2. SEPA
The Contract Organization retains responsibility for fulfilling the requirements of the
State Environmental Policy Act and regulations and ordinance adopted thereunder.
3. Compliance as Pre -Condition
Performance by either the City of Yakima OHNC or the Contracting Organization
under this Agreement shall he contingent upon satisfaction of all applicable
requirements of the National and State Environmental Policy Acts.
X . NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contracting Organization 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. The Contracting
Organization shall ensure that applicants are employed, and that employees are treated
during employment, without discrimination because of their race, color, religion, sex,
national origin, creed, marital status, age or the presence of any sensory, mental or physical
handicap. Such action shall include, but not he 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 Contracting Organization 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.
XI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contracting Organization 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 Contracting Organization 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 Contracting Organization shall take such action as
may he required to ensure Dull compliance with the provisions of this clause, including
sanctions for noncompliance.
XII. LICENSING AND PROGRAM STANDARDS
The Contracting Organization 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.
XIII. INSPECTION AND INFORMATION
A. At such times and on such forms as may he required, the Contracting Organization shall
furnish reports, statements, records, data and information as may he requested by the City
of Yakima OHNC, State, United States Government, or other funding agency pertaining to
matters covered by this Contract.
B. The Contracting Organization agrees that representatives of the City of Yakima, State and
United States Government may make periodic evaluation/inspection of the facilities,
records, and general performance of this Contract. The Contracting Organization further
agrees that such evaluation may he made on a quarterly basis or at other times deemed
reasonable and proper by these representatives.
C. The Contract Organization shall he required to make reasonable changes in the services as
completed or to be completed il'said services fall below the standards and specifications set
forth in the Special Terms and Conditions, Project Description, or Statement of Work.
XIV. 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 Contact 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.
XV. ASSIGNMENT AND/OR SUBCONTRACTING
The Contracting Organization 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.
XVI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contacting Organization agrees to maintain hooks, records and documents and
accounting procedures and practices which accurately reflect all direct and indirect costs
related to the performance of this Contract. Such fiscal hooks, records, documents, reports
and other data shall he retained in a manner consistent with the "Budgeting, Accounting,
Reporting System for Counties and Cities, and Other Local Governments", hereinafter
referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The
Contracting Organization further agrees that the City of Yakima OHNC shall have the right
to monitor and audit the fiscal components of the organization to insure that actual
expenditures remain consistent with the terms of this Contract. The Contracting
Organization shall retain all hooks,records, documents and other material relevant to the
Contract for seven (7) years after settlement of this Contract. The Contracting Organization
agrees that the City of Yakima, the U.S.Department of Housing and Urban Development,
the Washington State Auditor, or their designees, shall have full access to and a right to
examine any of said materials at all reasonable times during said period.
B . The Contracting Organization agrees that any contributions or payments made for services
furnished under this agreement shall he used for the sole benefit of this program.
XVII. PROGRAM PROPERTY
Any personal property having a useful life of more than one year and purchased wholly or in
part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon
its purchase or receipt become the property of the City of Yakima and/or federal government.
Final ownership and disposition of such property shall he determined under the provisions of
Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such
property, including its care and maintenance, and shall comply with the following procedural
requirements:
1. Property records shall be maintained accurately and provide for: A description of the
property; manufacturer's serial number or other identification number; acquisition date and
cost; source of the property; percentage of block grant funds used in the purchase of
property; location, use, and condition of the property.
2. A physical inventory of property shall be taken and the results reconciled with the property
records at least once every two years to verify the existence, current utilization, and
continued need for the properly.
3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage,
or theft to the property. Any loss, damage, or theft of the property shall be investigated and
fully documented.
4. Adequate maintenance procedures shall be implemented to keep the property in good
condition.
5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item of cost, title to
such property shall remain with the Contracting Organization. An election to capitalize and
depreciate or claim acquisition cost as a direct item of cost shall be irrevocable.
6. Nonexpendable personal property purchased by the Contracting Organization under the
terms of this Contract, in which title is vested in the City of Yakima or Federal Government
shall not be rented, loaned, or otherwise passed to any petson,partnership, corporation,
association or organization without the prior express approval of the City of Yakima
OHNC.
7. Any nonexpendable personal property furnished to, or purchased by, the Contracting
Organization, title to which is vested in the City of Yakima OHNC or federal government
shall, unless otherwise provided herein or approved by the Contracting Officer, be used
only for the performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal
property, title to which shall vest in the City of Yakima OHNC or federal government, the
Contracting Organization agrees to execute such security agreements and other documents
as shall he necessary for the City of Yakima OHNC or federal government to perfect its
interest in such property in accordance with the "Uniform Commercial Code -Secured
Transactions" as codified in Article 9 of Title 62A, RCW.
9. The Contracting Organization shall he responsihle for any loss or damage to the property of
the City of Yakima OHNC or federal government (including expenses entered thereunto)
which results from negligence, willful misconduct, or lack of good faith on the part of the
Contracting Organization to maintain and administer in accordance with sound management
practices that property, to ensure that the property will be returned to the City of Yakima
OHNC or federal government in like condition to that in which condition the property was
acquired by purchase, fair wear and tear accepted.
XVIII. STANDARDS FOR PROGRAM ACCOUNTABILITY
The Contracting Organization agrees to maintain program records and reports including
statistical information and to make such records available for inspection by the City or its
designee in order for the City to he assured that program services remain consistent with the
terns of this contract. The Contracting Organization further agrees to provide written program
statistical information to the City of Yakima OHNC in a manner prescribed by the Office at
times as may he requested by the Office.
XIX. RELATIONSHIP OF THE PARTIES
A. The parties intend that an independent contractor/city relationship will be created by this
Contract. The City of Yakima OHNC is interested only in the results to be achieved, the
implementation of services will lie solely with the Contracting Organization. No agent,
employee, or representatives of the Contracting Organization shall he deemed to he an
employee, agent, servant or representative of the City of Yakima for any purpose, and the
employees of the Contracting Organization are not entitled to any of the benefits the City of
Yakima provides for City Employees. The Contracting Organization will be solely and
entirely responsihle for its acts and for the acts of its agents, employees, servants,
subcontractors, or otherwise during the perirn•mance of this Contract.
X X . QUARTERLY REPORT
The Contracting Organization agrees to submit a written quarterly report to the City of Yakima
OHNC outlining the progress of work listed in Exhibit B..
XXI. INSURANCE
A. Public Liability and Property Damage.The Contractor shall maintain during the life of this
Contract public liability and property damage insurance covering the Contractor's services
hereunder in the sum of not less than twenty thousand dollars for injury or damage to
property and fifty thousand dollars for injury or damage, including death, to any one
person and one hundred thousand dollars for injury or damage, including death, to more
than one person. Insurance shall cover work done by the Contractor or subcontractors and
shall protect, as named insured, the City from suits or claims for damages arising from
operations under this Contract or actions of the Contractor, subcontractors, and employees
either direct or indirect.
B Workmans compensation.The Contractor agrees to pay all premiums provided for by the
Workman's Compensation Act of the State of Washington.
X X I I. INDEMNIFICATION
All services to be rendered or performed under this Contract will be performed or rendered
entirely at the Contracting Organization's own risk and the Contracting Organization expressly
agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise,
from any and all liability, loss or damage they may suffer as a result of claims, demands,
actions, or damages to any and all persons or property, costs, or judgements against which
result from, arise out of, or are in any way connected with the services to be performed by the
Contracting Organization under this Contract.
XXIII. HOLD HARMLESS
All services to be rendered or performed under this Contract will he performed or rendered
entirely at the Contracting Organization's own risk and the Contracting Organization expressly
agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents,
employees, or otherwise, from any and all liability, loss 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 property, costs or judgements,. against the City of Yakima which result from, arise
out of, or are in any way connected with the services to be performed by the Contracting
Organization under this Contract.
XXIV. CONTRACT, TERMINATION AND CLOSE OUT
If the Contracting Organization fails to comply with the terms and conditions of this Contract,
the City of Yakima OHNC 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 Cauself the Contracting Organization 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 OHNC deems continuation of this Contract to be
substantially non -beneficial to the public interest;
2. The Contracting Organization has failed to take satisfactory corrective action as
directed by the City of Yakima OHNC or its authorized representative within the time
specified by same;
3. The Contracting Organization has failed within the time specified by the City of
Yakima OHNC or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima OHNC may terminate this contract in whole or in part, and thereupon
shall notify the Contracting Organization of the termination, the reasons therefore and the
effective date provided such effective date shall not he prior to notification to the
Contracting Organization. After this effective date, no charges incurred under any
terminated portions are allowable.
B. Terminations on Other GroundsThis Contract may also be terminated in whole or in part by
mutual agreement of the parties.
C. Termination for Withdrawal, Reduction or Limitation of FundingIn 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
OHNC may summarily terminate this Contract as to the funds reduced or limited,
nonwithstanding any other termination provision of this contract. If the level of funding so
reduced or limited is so great that the City of Yakima OHNC deems that the continuation of
the program covered by this contract is no longer in the hest interest of the public, the City
of Yakima OHNC may summanly terminate this contract in whole nonwithstanding any
other termination provisions of this contract. Termination under this Section shall be
effective upon receipt of written notice by the Contracting Organization or its
representative.
The City of Yakima OHNC agrees to promptly notify the Contracting Organization of any
proposed reduction in funding by Federal or other officials. The Contracting Organization
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 rediiction became effective.
This agreement may further he terminated by the City of Yakima upon written demand by the
City of Yakima OHNC 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. Close-outln 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 Contracting Organization, the City of Yakima shall make
or arrange for payment to the Contracting Organization of allowable reimbursable costs
not covered by previous payments;
2. The Contracting Organization 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 hccn performed prior to close-out of this Contract,
the City of Yakima OHNC retains the right to withhold a just and reasonable sum from
the final payment to the Contracting Organization after fully considering the
recommendation on disallowed costs resulting from the final audit.
X X V . 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 Kona fide employees or bona fide
established commercial or selling agency maintained by the Contractor for the purpose of
securing business. The City of Yakima OHNC 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.
XXVI. CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate the right of the Contractor to proceed under 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
he 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. The existence of facts upon which the City of
Yakima makes any determination under this clause shall he an issue and may be reviewed
as provided in the "Disputes" clause of this Agreement.
XXVII. RIGHTS IN DATA
The City of Yakima OHNC 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 he 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 OHNC, 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 OHNC, 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 OHNC shall have the right
at any time to modify, remove, obliterate, or ignore such markings.
X X I X . RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award unless otherwise provided herein,
the inconsistency shall he resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and regulations including HUD
Community Development Block Grant Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein, including the statement of
work/project description, approved HUD grant budget, in the order in which attached, and
4. Any other provisions whether incorporated by reference herein or otherwise provided that
nothing herein shall be construed as giving preference to provisions of this contract/grant
award over any provisions of law.
XXX X. VENUE STIPULATION
This Contract has been and shall he construed as having been entered into and delivered within
the State of Washington, and it is mutually understood and greed by each party hereto that this
Contract shall be governed by laws of the State of Washington, both as to interpertation and
performance.
Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or
any provisions thereof, shall he instituted and maintained only in any of the courts of
competent jurisdiction at Yakima in Yakima County, Washington.
X X X I. 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.
XXXII. 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 he illegal, the validity of the remaining provisions shall not be
affected; and the rights and obligations of the parties shall he construed and enforced as if the
Contract did not contain the particular provision held to he invalid. If it should appear that any
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.
XXXIII. PROGRAM INCOME
Any program income shall he accounted for by the Contractor, over the contract time period,
shall he reported to the City. Income is to he used to continue or benefit the program, as
determined by the intent and purpose of the project.
X X X I V. CONFLICT OF INTEREST
No member, officer, or employee of the City of Yakima, or the Contracting Organization, or
assignees or agents, no member of the governing body of the City of Yakima, and no other
public official of the City of Yakima or such other localities who exercises any functions or
responsibilities with respect to the program during his tenure or for one year thereafter, shall
have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for
work to he performed in connection with a City of Yakima Block Grant funded program.
EXHIBIT "B"
SCOPE OF WORK
PROJECT TITLE:
CARRIAGE HOUSE PROJECT
CONTRACTING ORGANIZATION:
HOUSING FOUNDATION
1. DESCRIPTION OF PROJECT:
(Detailed description statement of the project/program,
purpose of project/program, needs to be addresses and
problems to be solved.)
This project will include moving the Carriage House to a new lot currently being
purchased by the Housing Foundation, set it on a foundation and renovate it so that it
can be used as a hospice by Habitat for Humanity. Upon completion, the Housing
Foundation will give Habitat a ten year renewable lease on the property, based only
on cost of taxes, insurance and maintenance.
Renovation of the Carriage House must be in accordance with State and Local
Historic standards.
2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when,
indicators of progress/accomplishments.)
Activities to be Accomplished
Identify and announce location of lot
Purchase of land completed
Obtain moving permits and move building
Obtain sub contractor permits
Pour foundation and set house
Complete Utility work, evaluate structural
repairs needed
Complete structural changes
Complete Paining & floor covering
Complete exterior painting
Complete paperwork
Estimated Time Line
July 20, 1995 - August 1, 1995
August 1, 1995 August 15, 1995
August 15 1995 August 31, 1995
September 1, 1995 - September 7, 1995
September 7, 1995 - September 15, 1995
September 15, 1995 - October 1, 1995
October 1, 1995 - November 30, 1995
December 1, 1995 - December 31, 1995
January 3, 1996
Meet with Block Grant Manager to
evaluate accomplishment of project and
funding balance
CITY OF YAKIMA
OFFICE OF HOUSING AND NEIGHBORHOOD CONSERVATION /
1. Contracting Organization: South East Neighborhood Improvement Committee
2. Address: 309 Union Street
Yakima, WA 98901
3. Phone: (509) 457-1060
4. Contact Person: Maud Scott
5. Title of Service or Program being funded: Neighborhood Improvement Program
La Hacienda, Estate of Ida Powell protect sponsored by South East
Neighborhood Improvement Committee (Maud Scott)
6. Time Period: Beginning July 11, 1995
Ending July 11, 1996
7. Amount of Contract/Grant Award: $15,000
8. This contract/grant award and the rights and obligations of both parties hereto shall be
subject to and governed by the following, incorporated by reference herein as is fully set
forth:
1) General terms and conditions attached hereto or Exhibit "A"
2) Scope of work attached hereto or Exhibit "B".
This contract constitutes the entire agreement between the parties. Either party may request
modification in the scope of services, project duration, performance or reporting standards, or
other terms or conditions herein. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this contract signed by both parties. The City and
Contracting Organization agree that this contract shall be modified if necessary to achieve
compliance with requirements.
IN WITNESS THEREOF the parties have executed this contract as of the day and year
indicated below. — -'
Dixie L. Kracht, Block Grant Manager
Signed:
Dick Zais, City Manager Date
For Contracting Organization:
-711/47.7,,e_
Maud'Scott, South East Neighborhood Improvement Committee
Da
CITY CONTRACT NO: 39E_( SC2RESOLUTION NO:
i
TERMS AND CONDITIONS EXHIBIT "A"
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 the Contracting
Organization to undertake, and the Contracting Organization hereby agrees to undertake that
certain community development or housing assistance project described in Exhibit "B", Scope
of Work.
II.
SUB -GRANT
A. Notice to Proceed
No work on the project shall occur prior to or without written approval from the City of
Yakima Office of Housing and Neighborhood Conservation (OHNC). OHNC shall
furnish the Contracting Organization with written notice to proceed upon release of funds
from HUD related to the project pursuant to 24 CFR Part 58.
B.The City hereby sub -grants to the Contracting Organization $ 15,000.00 for said project.
III. GENERAL BUDGET PROVISIONS
The Contracting Organization agrees to the following provisions in satisfying the terms and
conditions of this contract:
A. Payment and Disbursements.Dishursements by the City of Yakima from this contract/grant
award shall he on a reimbursement hasis covering actual expenditures by the Contracting
Organization or obligation of the Contracting Organization currently due and owing, but not
paid. Disbursements shall he 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 OHNC of a written reimbursement request on forms
provided by the City of Yakima OHNC supported by copies of vouchers, invoices,
salary and wage summaries, or other acceptable documentation; and
2. Determination by the City of Yakima OHNC that the expenditures or obligations for
which reimbursement is sought constitute allowable costs under,the principles set forth
in Federal Management Circular 74-4 and come within the Project Budget.
B. No payment shall he made for any service rendered by the Contracting Organization except
for services within the scope of a category set forth in Exhibit B of this Contract, and all
funds received must he used for service as identified in Exhibit "B" of this Contract.
C. 1. The Contracting Organization shall submit to the City of Yakima OHNC a written
request or approval oI' budget revision when a proposed revision would result in an
increase or decrease of ten percent (10%) or more in an approved budget subject
category. Written budget revision approval must he received by the Contracting
Organization prior to the Contracting Organization incurring any expenditures against
the revised budget sub -object categories.
2. When the revision of the Contracting Organization budget does not exceed ten percent
(10C/O of an approved budget suh-object category, the Contracting Organization must
submit a revised budget to the City of Yakima OHNC prior to the submittal of claims
against the budget.
IV. COMMENCEMENT OF WORK
The City of Yakima OHNC shall furnish the Contracting Organization with written notice to
proceed upon release of funds from HUD related to the project. No work on the project shall
occur prior to the notice to proceed without written approval from the City of Yakima OHNC.
V. BILLING PROCEDURES
A. The Contracting Organization shall submit monthly written claims for reimbursement of
services performed under this contract in the manner prescribed in paragraph III above, and
as prescribed by the City of Yakima OHNC.
B. Claims for reimbursement by the Contracting Organization shall he submitted to the City of
Yakima, Office of Housing by the loth day of each month following the month during
which the services were provided.
C. The City of Yakima, Office of Housing shall not process claims for reimbursement until all
supporting doucmentation is provided in the correct and proper format. The City of
Yakima, Office of Housing reserves the right to withhold payments pending timely delivery
of program reports or documents as may he required under this Contract.
VI. BUDGET ADJUSTMENTS
A. The City of Yakima, Office of Housing reserves the right to withdraw such funds as the
City of Yakima, Office of Housing may deem appropriate at any time while this contract is
in effect from the Budget of the Contracting Orgainization if the Contracting Organization is
no spending at a rate consistent with the approved Project Spending rate or is not providing
services at a level consistent with the approved Special Terns and Conditions.
B. The City of Yakima, Office of housing, shall notify the contracting Organization in writing
of a proposed transfer, at least 30 calendar days before the actual transference occures.
VII. LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to reduce substantially the amount of local financial support
for community development activities below the level of such support prior to the availability of
such assistance.
VIII. BUDGET SURPLUS
The Contracting Organization agrees that funds determined by the City of Yakima OHNC to be
surplus at the end of the year within the budget of this Contract will be subject to cancellation
by the City of Yakima OHNC and may he negotiated if they are to be included in future
contracts.
IX. COMPLIANCE WITH LAWS
A. GENERAL
The Contracting Organization, 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 but
not limited to, Federal Community Development Block Grant Regulations; and other
policies and guidelines established by the City of Yakima OHNC.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS
The following federal provisions may apply, among others, to this contract:
1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60,
Executive Order 11246 as amended by Executive Order 12086,and 24 CFR 570.601
(Discrimination prohibited).
2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and
HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures
are involved. The Contracting Organization shall provide whatever assistance is
necessary to enable the City of Yakima's Building Official to carry out its inspection
and certification responsibility under those regulations.
3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section
570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW
27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820
(Preservation of Historic Properties).
4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq.,
implementing regulations, and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC 1857 et seq; Water Pollution Control Act, as
amended, 33 USC Section 1251 et. seq.; and Environmental Protection Agency
regulations, 40 CFR Part 1 5.
6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section
1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses
and low income persons).
7. Contract Work Hours and Safety Standards Act, 40 USC 327-333, (Overtime
Compensation).
8. Davis -Bacon Act, as amended, 40 USC 276a - 276a-5, and Chapter 3-.12 RCW
(Prevailing Wage Rates).
9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement
Standards) and Federal Management Circular, FMC 74-4.
10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, and regulations contained in 24 CFR Parts 42 and 570.
11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD
regulations with respect thereto including the regulations under 24 CFR Part 1. In the
sale, lease or other transfer of land acquired, cleared or improved with assistance
provided under this Agreement, the Contracting Organization shall cause or require a
covenant running with the land to be inserted in the deed or lease for such transfer,
prohibiting discrimination upon the basis of race, color, religion, sex, or national
origin, in the sale, lease or rental, or in the use or occupancy of such land or any
improvements erected or to be erected thereon, and providing that the Contracting
Organization, the County, and the United States are beneficiaries of and entitled to
enforce such covenant. The Contracting Organization, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not itself so discriminate.
12. Environmental Review
1. NEPA
The City of Yakima OHNC retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under which the City
of Yakima OHNC may require the Contracting Organization to furnish data,
information and assistance for the City's review and assessment in determining whether
the City must prepare an Environmental Impact Statement.
2. SEPA
The Contract Organization retains responsibility for fulfilling the requirements of the
State Environmental Policy Act and regulations and ordinance adopted thereunder.
3. Compliance as Pre -Condition
Performance by either the City of Yakima OHNC or the Contracting Organization
under this Agreement shall he contingent upon satisfaction of all applicable
requirements of the National and State Environmental Policy Acts.
X . NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contracting Organization 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. The Contracting
Organization shall ensure that applicants are employed, and that employees are treated
during employment, without discrimination because of their race, color, religion, sex,
national origin, creed, marital status, age or the presence of any sensory, mental or physical
handicap. Such action shall include, but not he 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 Contracting Organization 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.
XI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contracting Organization 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 Contracting Organization 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 Contracting Organization shall take such action as
may be required to ensure full compliance with the provisions of this clause, including
sanctions for noncompliance.
XII. LICENSING AND PROGRAM STANDARDS
The Contracting Organization 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.
XIII. INSPECTION AND INFORMATION
A. At such times and on such forms as may he required, the Contracting Organization shall
furnish reports, statements, records, data and information as may he requested by the City
of Yakima OHNC, State, United States Government, or other funding agency pertaining to
matters covered by this Contract.
B The Contracting Organization agrees that representatives of the City of Yakima, State and
United States Government may make periodic evaluation/inspection of the facilities,
records, and.general performance of this Contract. The Contracting Organization further
agrees that such evaluation may he made on a quarterly basis or at other times deemed
reasonable and proper by these representatives.
C. The Contract Organization shall he required to make reasonable changes in the services as
completed or to be completed if said services fall below the standards and specifications set
forth in the Special Terms and Conditions, Project Description, or Statement of Work.
XIV. 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 V. ASSIGNMENT AND/OR SUBCONTRACTING
The Contracting Organization shall not assign or subcontract any portion of the services
provided within the terns 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.
XVI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contracting Organization agrees to maintain hooks, records and documents and
accounting procedures and practices which accurately reflect all direct and indirect costs
related to the performance of this Contract. Such fiscal hooks, records, documents, reports
and other data shall he retained in a manner consistent with the "Budgeting, Accounting,
Reporting System for Counties and Cities, and Other Local Governments", hereinafter
referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The
Contracting Organization further agrees that the City of Yakima OHNC shall have the right
to monitor and audit the fiscal components of the organization to insure that actual
expenditures remain consistent with the terms of this Contract. The Contracting
Organization shall retain all hooks,records, documents and other material relevant to the
Contract for seven (7) years after settlement of this Contract. The Contracting Organization
agrees that the City of Yakima, the U.S.Department of Housing and Urban Development,
the Washington State Auditor, or their designees, shall have full access to and a right to
examine any of said materials at all reasonable times during said period.
B. The Contracting Organization agrees that any contributions or payments made for services
furnished under this agreement shall he used for the sole benefit of this program.
XVII. PROGRAM PROPERTY
Any personal property having a useful life oI' more than one year and purchased wholly or in
part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon
its purchase or receipt become, the property of the City of Yakima and/or federal government.
Final ownership and disposition of such property shall he determined under the provisions of
Attachment N of OMB, A-102. The Contracting Organization shall he responsible for all such
property, including its care and maintenance, and shall comply with the following procedural
requirements:
1 Property records shall he 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 Klock grant funds used in the purchase of
property; location, use, and condition of the property.
2. A physical inventory of property shall he 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.
3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage,
or theft to the property. Any loss, damage, or theft of the property shall be investigated and
fully documented.
4. Adequate maintenance procedures shall he implemented to keep the property in good
condition.
5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item of cost, title to
such property shall remain with the Contracting Organization. An election to capitalize and
depreciate or claim acquisition cost as a direct item of cost shall he irrevocable.
6. Nonexpendable personal property purchased by the Contracting Organization under the
terms of this Contract, in which title is vested to the City of Yakima or Federal Government
shall not be rented, loaned, or otherwise passed to any person,partnership, corporation,
association or organization without the prior express approval of the City of Yakima
OHNC.
7. Any nonexpendahle personal property furnished to, or purchased by, the Contracting
Organization, title to which is vested in the City of Yakima OHNC or federal government
shall, unless otherwise provided herein or approved by the Contracting Officer, be used
only for the performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the purchase of nonexpendahle personal
property, title to which shall vest in the City of Yakima OHNC or federal government, the
Contracting Organization agrees to execute such security agreements and other documents
as shall he necessary for the City of Yakima OHNC or federal government to perfect its
interest in such property in accordance with the "Uniform Commercial Code -Secured
Transactions" as codified in Article 9 of Title 62A, RCW.
9. The Contracting Organization shall he responsible for any loss or damage to the property of
the City of Yakima OHNC or federal government (including expenses entered thereunto)
which results from negligence, willful misconduct, or lack of good faith on the part of the
Contracting Organization to maintain and administer in accordance with sound management
practices that property, to ensure that the property will he returned to.the City of Yakima
OHNC or federal government in like condition to that in which condition the property was
acquired by purchase, fair wear and tear accepted.
XVIII. STANDARDS FOR PROGRAM ACCOtJNTABILiTY
The Contracting Organization agrees to maintain program records and reports including
statistical information and to make such records available for inspection by the City or its
designee in order for the City to he assured that program services remain consistent with the
terms of this contract. The Contracting Organization further agrees to provide written program
statistical information to the City of Yakima OHNC in a manner prescribed by the Office at
times as may he requested by the Office.
XIX . RELATIONSHIP OF THE PARTIES
A. The parties intend that an independent contractor/city relationship will be created by this
Contract. The City of Yakima OHNC is interested only in the results to be achieved, the
implementation of services will lie solely with the Contracting Organization. No agent,
employee, or representatives of the Contracting Organization shall be deemed to he an
employee, agent, servant or representative of the City of Yakima for any purpose, and the
employees of the Contracting Organization are not entitled to any of the benefits the City of
Yakima provides for City Employees. The Contracting Organization will he 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.
X X . QUARTERLY REPORT
The Contracting Organization agrees to submit a written quarterly report to the City of Yakima
OHNC outlining the progress of work listed in Exhibit B..
XXI. INSURANCE
A. Public Liability and Property Damage.The Contractor shall maintain during the life of this
Contract public Liability and property damage insurance covering the Contractor's services
hereunder in the sum of not less than twenty thousand dollars for injury or damage to
property and fifty thousand dollars for injury or damage, including death, to any one
person and one hundred thousand dollars for injury or damage, including death, to more
than one person. Insurance shall cover work done by the Contractor or subcontractors and
shall protect, as named insured, the City from suits or claims for damages arising from
operations under this Contract or actions of the Contractor, subcontractors, and employees
either direct or indirect.
B. Workmans compensation.The Contractor agrees to pay all premiums provided for by the
Workman's Compensation Act of the State of Washington.
X X I I. INDEMNIFICATION
All services to be rendered or performed under this Contract will he performed or rendered
entirely at the Contracting Organization's own risk and the Contracting Organization expressly
agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise,
from any and all liability, loss or damage they may suffer as a result of claims, demands,
actions, or damages to any and all persons or property, costs, or judgements against which
result from, arise out of, or are in any way connected with the services to be performed by the
Contracting Organization under this Contract.
XXIII. HOLD HARMLESS
All services to he rendered or performed under this Contract will he performed or rendered
entirely at the Contracting Organization's own risk and the Contracting Organization expressly
agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents,
employees, or otherwise, from any and all liahility, loss 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 property, costs or judgements against the City of Yakima which result from, arise
out of, or are in any way connected with the services to he performed by the Contracting
Organization under this Contract.
XXIV. CONTRACT, TERMINATION AND CLOSE OUT
If the Contracting Organization fails to comply with the terms and conditions of this Contract,
the City of Yakima OHNC 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 Cauself the Contracting Organization 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 OHNC deems continuation of this Contract to be
substantially non -beneficial to the public interest;
2. The Contracting Organization has failed to take satisfactory corrective action as
directed by the City of Yakima OHNC or its authorized representative within the time
specified by same;
3. The Contracting Organization has failed within the time specified by the City of
Yakima OHNC or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima OHNC may terminate this contract in whole or in part, and thereupon
shall notify the Contracting Organization of the termination, the reasons therefore and the
effective date provided such effective date shall not he prior to notification to the
Contracting Organization. After this effective date, no charges incurred under any
terminated portions are allowable.
B. Terminations on Other GroundsThis Contract may also he terminated in whole or in part by
mutual agreement of the parties.
C. Termination for Withdrawal, Reduction or Limitation of Fundingln 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
OHNC may summarily terminate this Contract as to the funds reduced or limited,
nonwithstanding any other termination provision of this contract. If the level of funding so
reduced or limited is so great that the City of Yakima OHNC 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 OHNC may summarily terminate this contract in whole nonwithstanding any
other termination provisions of this contract. Termination under this Section shall be
effective upon receipt of written notice hy the Contracting Organization or its
representative.
The City of Yakima OHNC agrees to promptly notify the Contacting Organization of any
proposed reduction in funding hy Federal or other officials. The Contracting Organization
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 agreement may further he terminated by the City of Yakima upon written demand by the
City of Yakima OHNC 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. Close-outln 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 Contracting Organization, the City of Yakima shall make
or arrange for payment to the Contracting Organization of allowable reimbursable costs
not covered by previous payments;
2. The Contracting Organization 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 close-out of this Contract,
the City of Yakima OHNC retains the right to withhold a just and reasonable sum from
the final payment to the Contracting Organization after fully considering the
recommendation on disallowed costs resulting from the final audit.
XXV. 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 Kona fide employees or bona fide
established commercial or selling agency maintained by the Contractor for the purpose of
securing business. The City of Yakima 01 -INC 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.
XXVI. CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate the right of the Contractor to proceed under 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
he 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 he exclusive and are in addition to any other
rights and remedies provided by law. The existence of facts upon which the City of
Yakima makes any determination under this clause shall he an issue and may be reviewed
as provided in the "Disputes" clause of this Agreement.
X X V I I. RiGHTS IN DATA
The City of Yakima OHNC 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 he only to the extent that the
Contractor has the right to grant such incense 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 OHNC, 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 OI -INC, 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 OHNC shall have the right
at any time to modify, remove, obliterate, or ignore such markings.
X X I X . RULE OF CONSTRUCTION
In the event of an inconsistency in this contact/grant award unless otherwise provided herein,
the inconsistency shall he resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and regulations including HUD
Community Development Block Grant Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein, including the statement of
work/project description, approved HUD grant budget, in the order in which attached, and
4. Any other provisions whether incorporated by reference herein or otherwise provided that
nothing herein shall he construed as giving preference to provisions of this contact/grant
award over any provisions of law.
XXX . VENUE STIPULATION
This Contract has been and shall he construed as having been entered into and delivered within
the State of Washington, and it is mutually understood and greed by each party hereto that this
Contract shall be governed by laws of the State of Washington, both as to interpertation and
performance.
Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or
any provisions thereof, shall he instituted and maintained only in any of the courts of
competent jurisdiction at Yakima in Yakima County, Washington.
X X X I . MODIFICATION
Either party may request changes in this Contract, however, no change or addition to this
Contract shall he 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.
XXXII. 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 he illegal, the validity of the remaining provisions shall not be
affected; and the rights and obligations of the parties shall he construed and enforced as if the
Contract did not contain the particular provision held to he invalid. If it should appear that any
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.
XXXIII. PROGRAM INCOME
Any program income shall he accounted for by the Contractor, over the contract time period,
shall he reported to the City. Income is to be used to continue or benefit the program, as
determined by the intent and purpose of the project.
X X X I V. CONFLICT OF INTEREST
No member, officer, or employee of the City of Yakima, or the Contracting Organization, or
assignees or agents, no member of the governing body of the City of Yakima, and no other
public official of the City of Yakima or such other localities who exercises any functions or
responsibilities with respect to the program during his tenure or for one year thereafter, shall
have any interest, direct or indirect, in any contact or subcontract, or the proceeds thereof, for
work to he performed in connection with a City of Yakima Block Grant funded program.
EXHIBIT "B"
SCOPE OF WORK
PROJECT TITLE:
LA HACIENDA, IDA POWELL ESTATE
CONTRACTING ORGANIZATION:
SOUTH EAST NEIGHBORHOOD IMPROVEMENT COMMITTEE
1. DESCRIPTION OF PROJECT:
(Detailed description statement of the project/program,
purpose of project/program, needs to be addresses and
problems to be solved.)
This project will assist in the repair and restoration of the Ida Powell Estate property at
209 Union, Yakima, WA. The Historical home has raised financing for the foundation
and basement. The sponsors are seeking money to replace the roof, install plumbing
and heating enabling the home to be used all year by neighborhood groups. The
repairs need to be in accordance with the State and Local Historic Standards.
The CDAC recommendation was that the roof repair of the main house be given
priority, then the heating and plumbing installation.
Grant funds must be used within 12 months of contract date.
2. GOALS TO ACCOMPLISH IN PROJECT/PROGRAM: (How, by whom, when,
indicators of progress/accomplishments.)
Estimated Time Line Activities to be Accomplished
September 1, 1995 - November 30,1995 Obtain building permits required
Submit all restoration plans applicable to
OHNC for State and Local Historic
approval. Evaluate the allocated funds
and prioritize roof repair, heating and
plumbing installation work. Prepare
proposal for the anticipated work
schedule.
December 1, 1995
Meet with Block Grant Manager and
review contract and remaining funds
available for project